Draft Child Protection Policy

This policy applies to staff members.

Certain contracts and funding arrangements for the University to provide children’s services require the University to adopt a child protection policy that complies with section 19 of the Children’s Act 2014. The purpose of this policy is to comply with these requirements.

This policy prescribes what needs to be done and the procedures to be followed by staff members who suspect child abuse or have well-being concerns about a child in the course of providing children’s services at the University.

The procedures in this policy notwithstanding, any person may report suspected child abuse or well-being concerns about a child directly to Oranga Tamariki or the New Zealand Police. Provided that a report is made in good faith, such person is protected from any civil, criminal or disciplinary proceedings.

Note: Information and contact details for making a report to Oranga Tamariki under section 15 of the Oranga Tamariki Act 1989 are at Report of Concern.

1. All staff members involved in delivering children’s services must be aware of relevant child protection practices and must read this policy.

2. A staff member who believes that a child is in immediate danger should call the New Zealand Police on 111.

3. Where a child discloses information to a staff member that may raise a concern about child abuse and/or a well-being concern, the staff member must accurately record the information in writing, including:

• the disclosure (as close to verbatim as possible)
• the date and time of the disclosure and who was present
• any other relevant information

The child must not be questioned about the disclosure.

4. A staff member who suspects child abuse or has well-being concerns about a child must promptly report the matter to any of the following:

• their line manager or another manager
• the Registrar
• the Whistleblower hotline (0800 100 526).

Note: Information about possible indicators of child abuse and neglect is available at Indicators of Child Abuse.

5. A person other than the Registrar who receives a report under item 4 must immediately refer the report to the Registrar.

6. The Registrar will determine whether to refer the report to Oranga Tamariki, the New Zealand Police, or another appropriate agency, and/or appoint an investigator.

7. If an investigator is appointed by the Registrar, the investigator is to:

• investigate the report
• manage all privacy and confidentiality issues
• gather information as appropriate, including interviews
• prepare a final report for the Registrar.

8. The investigator is to report to the Registrar throughout the investigation as directed.

9. All information collected or received during an investigation must be treated in confidence, except as necessary to protect the child, for the thorough investigation and resolution of the report, to meet the requirements of natural justice or otherwise as required by law.

Note – Part 2 of the Oranga Tamariki Act 1989 and Part 2 of the Family Violence Act 2018 contain provisions requiring certain people to share information, or to consider sharing information, in certain situations.

10. When the investigation is complete, the investigator is to submit a final report to the Registrar.

11. Where the investigator’s report supports an allegation of child abuse against a staff member, the Registrar must:

• refer the matter to the Director HR to be dealt with under the applicable staff disciplinary policy and procedures; and
• notify Oranga Tamariki and/or the New Zealand Police.

12. In all other cases, the Registrar is to determine how the matter is to be dealt with and/or what action, if any, is to be taken.

13. The Registrar is to review this policy within three years of its most recent date of review.

The following definitions apply to this document:

Child means a person under the age of 18 years.

Child abuse means the harm, ill-treatment, abuse, (whether physical, emotional, or sexual), neglect, or deprivation of a child.

Children’s services means:

• services provided to 1 or more children
• services provided to adults in respect of 1 or more children
• services provided to adults living in households that include 1 or more children and that do or may affect significantly any 1 or more aspects of the well-being of those children and are adult addiction services, adult disability services, adult mental health services, family violence services, services to support adult victims of crime, or other services that have been prescribed by an Order in Council by the Governor-General
• services provided in respect of children that have been prescribed by an Order in Council by the Governor-General.
  

Oranga Tamariki means the Ministry for Children.

Staff member means an individual employed or engaged by the University on a full or part time basis and, for the purposes of this policy includes a student who is on placement at a University service.

Well-being concerns means concerns about the well-being (including the welfare) of a child.

University means Waipapa Taumata Rau, University of Auckland and all its subsidiaries.

Include the following:

• Children’s Act 2014
• Children’s (Children’s Services) Order 2016
• Children’s (Prescribed State Service) Order 2017
• Oranga Tamariki Act  1989
• Family Violence Act 2018
• Oranga Tamariki Report of concern

Owned by: Registrar
Content manager: General Counsel
Approved by: Vice-Chancellor
Date approved:
Review date: [3 year review date]