Explanations and Definitions
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Explanations and Definitions

Types of Abuse

There are four categories of abuse:

  • emotional or psychological abuse
  • neglect
  • physical abuse
  • sexual abuse

Emotional Or Psychological Abuse

Any act by a person having the care of a child or young person that results in the minor suffering of any kind of significant emotional deprivation or trauma. Children or young people affected by exposure to family or domestic violence are also included in this definition.

Neglect

Any serious omission or act by a person having the care of a child or young person that fails to provide conditions that are essential for the healthy physical and emotional development of a child or young person. Neglect includes a failure to provide a child with an adequate standard of nutrition, medical care, clothing, shelter or supervision

Physical Abuse

Any unlawful non-accidental physical act inflicted upon a child or young person by a person having the care of a child or young person.

Sexual Abuse

Any act by a person, with the care of a child or young person that exposes the child or young person to, or involves the child or young person in, sexual processes beyond their understanding or contrary to accepted community standards.

Definitions

Abusive Behaviour

A general term for various behaviours which may be aggressive, coercive or controlling, destructive, harassing, intimidating, isolating, or threatening, that an abuser may use to control a partner, child or other victim.

Age of majority

The age of majority is when a person is granted by law the rights and responsibility of an adult. In Australia this is the age of eighteen (18) years.

Child Abuse

Child abuse means sexual abuse or physical abuse of the child but does not include an act that is lawful at the time it takes place, such as contact which is necessary for prevention of harm, a rescue, first aid or aquatic instruction.

Child Concern Report

A report to a government organisation regarding concerns for a child, where there is indication that a child might have been, or is at risk of being, harmed through abuse or neglect. This may include concerns about a child’s welfare related to the quality of their home environment, or the standard of care that they are receiving in general.

Child Safe Culture

A child safe culture is a set of values and practices that guide the attitudes and behaviours of all employees. Good leaders champion these values and embed them in everyday operational practice and governance.

Child Safety Policy

A child safety policy is an overarching document providing an overview of key elements of the approach to child safety

Child Safety Code of Conduct

A child safety code of conduct is a document outlining expected behaviours from all employees, volunteers and contractors. This also includes behaviours that are unacceptable when interacting with children and young people.

Community Standards

Community standards are ideas that govern people’s context about what is acceptable in a certain community. Some standards can be written down and clearly articulated and others reasonably inferred. In the case of child safety and protection it is best to consult the legal requirements.

Complaints

Are expressions of dissatisfaction about an organisation related to its services or dealings with an individual; allegations about the conduct of its staff, volunteers, other individuals engaged by the organisation or another child or young person at an organisation; or the handling of a prior concern.

Complaints (Types of)

Child-initiated

When a child or young person makes the complaint/brings the issue/concern/allegation to the attention of an organisation.

Adult initiated

When a child or young person’s parent, carer or guardian or other adult may make a complaint on behalf of, or that concerns, a child or young person.

Cultural Safety

Cultural safety can be defined as the recognition, protection and continued advancement of the inherent rights, cultures and traditions of a particular culture. In workplaces this means everyone, regardless of their culture, needs to be treated with respect, inclusion, and transparent management. This also means there is no assault, challenge or denial of their identity and experience. It also requires everyone to understand that their own values or practices are not always or only the best way to solve workplace problems.

However, cultural safety is more than just being aware of other cultures and respecting all people. It is about creating a workplace where everyone can examine their own cultural identities and attitudes, and be open-minded and flexible in their attitudes towards people from cultures other than ones own.

Cultural Tradition

Defined as the cultural traditions that exist in each society throughout the world. These traditions are identified in heritage such as language, events, rituals, and specific customs that are shared in that particular society.

Deliberate

Performed consciously and intentionally.

Disability

A general term for any or all of; an impairment of the body structure and/or function, a limitation in activities, or a restriction in participating. A disability can be multidimensional and is considered an interaction between health conditions and the environment.

Development of a Child

Development of a child relates to a baby and/or child reaching the standard milestones such physical, social, emotional, cognitive, and language under the guidance of a medical professional.

Emotional Development

Emotional Development is how well a child is bonding with other people. Whether they are happy or not.

Exposes/Exposure

Making something visible by uncovering it.

In the context of sexual abuse a perpetrator may expose their genitals to a victim for pleasure or in the grooming process.

Face-to-face

A meeting, training or activity that is performed directly with other people, not via computer, phone, tablet or gaming device.

Failure to Disclose

See Failure to Report (Offence)

Failure to Protect

Failure to Protect is a criminal offence. It generally applies to any person who is classified as a “person of authority” within an organisation.

The “person of authority” can be potentially liable for committing a criminal offence if they fail to protect a child or young person from being the victim of a sexual offence. Additionally, they may be negligent and criminal liable if they fail to remove the risk of sexual offence to a child or young person and / or if:

  • If the person holds a position of authority within the relevant organisation
  • The risk is substantiated that the child or young person will become the victim of sexual abuse, committed by a person associated with the organisation
  • If the person is aware the risk exists

Failure to Report (Offence)

An aquatic facility owner or operator should include the definition of “Failure to Report” in the code of conduct due to the relationship and obligation it has to mandatory reporting in some jurisdictions.

A Failure to Report or Failure to Disclose is classified when an adult;

  • Believes or reasonably believes that a child or young person is suffering abuse or neglect
  • An offence is being/or has been committed against a child or young person
  • Knows who, believes or reasonably believes they have information that may be of assistance in securing the apprehension of the offender or the prosecution or conviction of said person for the offence
  • Fails without a reasonable excuse* to present the information to the attention of authorities as soon as practicable to do so

Failure to Report or Failure to Disclose legislation currently exists in NSW and VIC, however there is no current legislation in other jurisdictions.

Failure to Report does not cover having suspicion that a child or young person may be abused or neglected in the future.

*see further definition

Favouritism

The practice of giving unfair preferential treatment to one person or group at the expense of another. (i.e., a perpetrator will show favouritism towards a child or young person in the grooming process.)

Grooming

Grooming or Child Grooming refers to deliberate acts undertaken to establish a personal connection with a child or young person, in order to prepare them for sexual abuse.

The main stages of the grooming process are:

  • gaining access to the victim (communicating and/or attempting to befriend)
  • initiating and maintaining abuse
  • concealing abuse

‘Grooming’ occurs when an adult person engages in conduct that exposes a child to indecent material or provides a child with an intoxicating substance or with any financial or other material benefit with the intention of making it easier to procure the child for unlawful sexual activity. It means gaining or increasing access to a child, parents or co-workers in order to facilitate abuse. The process involves building trust, obtaining compliance and maintaining secrecy to protect the abuser from being caught. Grooming is commonly an incremental process and can involve stages of increasing intensity. It may consist of many separate actions that, in isolation, are not necessarily criminal or abusive. Grooming behaviour may not be obvious to the victim or to a bystander and can co-exist with behaviour that occurs in normal relationships between adults and children. Children do not need to be alone to be groomed. They are usually sexually abused by someone they know. Online communication and pornography can be used as tools for grooming.

Harm

Physical injury, especially that which has been deliberately inflicted, can be sexual in the context of sexual abuse.

Intentional

Done or performed on purpose, with intent.

Investigation

This is the process of the relevant department to obtain more detailed information about a child or young person who is the subject of a notification or report. Departmental employees make an assessment about the harm or degree of harm to a child or young person.

During this process plans are put in place for their protective needs. An investigation may also involve sighting or interviewing the child or young person where it is practical to do so. An investigation is not the place of the Aquatic facility or employees to undertake unless the authorities request further assistance.

Legal Requirements

Defines any law, statute, ordinance, decree, requirement, order, judgment, rule, regulation (or interpretation of any of the foregoing) of, and the terms of any license or permit issued by, any Governmental Authority. This can be Federal or State or Territory Law.

Mandatory Reporter

Mandatory reporters are required by law to report suspected child abuse and neglect to government authorities. Mandatory reporters differ depending on the State or Territory.

Mandatory Requirement

Mandatory requirements are conditions set out in the specifications, position description or statement of work that must be met without exception.

Non-Verbal

In relation to communication this can be body language, the way a person reacts to something, listens or moves. It is the communication whether or not they care.

Non-accidental

The deliberate act of inflicting harm on a child or older person. Usually a bruise, burn or fracture. It may also be referred to as Social Welfare damage.

Notifications

Contact made to an authorised department by persons or other bodies making allegations of child abuse or neglect, child maltreatment or risk to a child or young person.

One-on-One

Referring to a situation in which two parties come in direct contact with each other. In the context of Child abuse an employee, volunteer or contractor should not be one-on-one with a child in a First Aid room or closed off area in order to protect the adult and the child at all times.

Online

Connection via a technological device. This may be a computer, phone, tablet or gaming device to connect with other people.

Physical Force

Force used upon or directed toward the body of another person and can include the confinement of another person or child.

Reasonable Belief

Is when a person provided with the same facts and details, in the same position would come to the same fair and sensible conclusion.

Reasonable Excuse

Reasonable excuse is usually applied to exclusions in context to Failure to Report.

Reasonable excuse is understood but not limited to:

  • The incident/s and/or offence has already been reported to an appropriate authority (child safety organisation of the state or territory) another individual has or will do this; such as required for a mandatory reporters role
  • There is belief the information has already been given to a police officer
  • The information received about the victim, who is now an adult, doesn’t want to disclose the incident/offence they experienced.
  • The information received would place the victim, an individual reporting or another individual (excluding the alleged perpetrator) in danger.

Failure to Report does not cover having suspicion that a child or young person may be abused or neglected in the future.

Relevant Organisation

An organisation that provides care, supervision or authority over children and young people. Where it’s primary function or otherwise includes but is not limited to.

  • a church and / or religious body
  • a school
  • an education and care service within the meaning of the education and care services

Social Media

Websites and applications that enable users to create and share content or to participate in social networking.

I.e.: Facebook, Tiktok and Instagram.

Source of Notification

The individual (employee, volunteer etc) who initially made the child protection report to the relevant authority. The source is classified according to the relationship to the child allegedly abused, neglected, or harmed.

Unintentional

Not done on purpose, may have occurred by accident.

Unlawful Sexual Activity

There are a wide range of offences captured by this term but in general, they include:

  • any offences in the nature of sexual assault or indecent assault, including attempts to commit such assaults
  • sexual servitude type offences
  • child prostitution offences
  • child pornography offences

(It is important to note there may be more specific details per jurisdiction)

Verbal

Relating to or in the form of words or oral communication.

Version Control

Version control is a system that records changes to a file or set of files over a period of time so it can be recalled at a later date. This generally includes:

  • this includes when the document comes into effect
  • when the policy is due for review
  • who is responsible for leading the review

Voyeurism

The practice of gaining sexual gratification/pleasure from watching others when they are naked or engaged in sexual behaviour. It can also involve enjoyment from seeing others in pain or distress.

Working With Children Check

The Working with Children Check (WWCC, or equivalent) is a requirement for any person who works or volunteers in child-related work. There are specific legislations per state and territory.

Indicators of Abuse

When working with children and young people it is important to understand and be able to identify the indicators of abuse. These can be broadly categorised as ‘physical’ or ‘behavioural’ and will vary depending on the type of abuse.

Physical Abuse

Physical Indicators

  • Bruising
  • Fractured bones
  • Burns and scalds
  • Lacerations and welts
  • Sprains and dislocations

Behavioural Signs

  • Covering up injuries
  • Fear of Adults
  • Unable to explain an injury
  • Being aggressive towards others
  • Avoiding physical contact
Sexual Abuse

Physical Indicators

  • Pain or bleeding in the anal or genital areas
  • Bruises and / or bite marks to breasts, buttocks, lower abdomen
  • Difficulty walking or sitting
  • Unexplained pain in genital area
  • Bed-wetting beyond standard developmental age

Behavioural Signs

  • Sexual behaviour beyond healthy development
  • Children describing sexual acts
  • Self-destructive behaviour
  • Withdrawn behaviour
  • Regression in development (falling behind or not progressing)
Grooming

Physical Indicators

  • Violating personal boundaries in the context of intimate care which includes bathing, toileting and changing clothes.
  • Insisting on physical affection with a child such as hugging, kissing, tickling even when a child does not appear to want it.
  • Communicating with a child via social media and online platforms when it is not authorised by the facility, owner and / or operator.

Behavioural Signs

  • Using favouritism, bribes and / or giving gifts to a child
  • Spending inappropriate one-on-one time with a child
  • Actively isolating children & young people from other adults or peers.
Emotional or Psychological Abuse

Physical Indicators

  • Physical development is delayed
  • Delayed speech
  • Bed-wetting beyond the development age

Behavioural Signs

  • Overly complaint behaviour
  • High levels of anxiety or depression
  • Avoids interaction with other children
  • Demonstrates low self-esteem
  • Lack of trust in people
Neglect

Physical Indicators

  • Low weight for age
  • Poor standards of hygiene
  • Untreated physical problems
  • Poor complexion
  • Frequently left unsupervised by parents / carers

Behavioural Signs

  • Stealing food
  • Indiscriminately seeks out adult affection
  • Being constantly tired
  • Frequently late or absent
  • Being withdrawn

References

Staying Safe
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