- Date:
- 1 July 2022
All references to 'schools' in this guidance includes school boarding premises.
Minimum standards
Ministerial Order 1359 provides the framework for child safety in schools and school boarding premises.
Regulatory information
This information follows the structure of Ministerial Order 1359 and outlines:
- steps to compliance
- examples of common non-compliance
- links to resources.
What do schools and school boarding premises have to do?
Schools must have child safety strategies, policies and practices in place to comply with the Standards.
School boarding premises must also have child safe strategies and practices in place. They do not need separate policy documents to the school if they ensure the school policies address the unique risks and vulnerabilities of the school boarding setting.
If schools discover significant breaches of Ministerial Order 1359, independent schools should notify the VRQA, Catholic schools should notify the Victorian Catholic Education Authority and government schools should notify the Department of Education.
The role of governing authorities
Ministerial Order 1359 acknowledges schools have different school governance arrangements.
When considering this regulatory information and guidance:
- Catholic schools must follow the Victorian Catholic Education Authority(opens in a new window) advice and ensure that policies and procedures are approved by their governing authority
- Government schools must follow Department of Education advice on the differing responsibilities of the school council and principal
- Independent schools must ensure their governing authority understands the obligations of Ministerial Order 1359 and approves the policies and procedures it requires.
Ready to get started?
Action lists for government and non-government schools:
- Child Safe Standards Action List – non-government schools (DOCX, 386KB)(opens in a new window)
- Child Safe Standards Action List – government schools (DOCX, 110KB) (opens in a new window) (opens in a new window)
Action lists specific to Catholic schools can be accessed through the Victorian Catholic Education Authority(opens in a new window).
Guidance and evidence requirements for each Standard is also available.
1. Culturally safe environments
Establish a culturally safe environment in which the diverse and unique identities and experiences of Aboriginal children and young people are respected and valued.
All references to 'schools' include school boarding premises.
Steps to compliance
1. Develop
Develop a policy or statement that identifies the school’s strategies and actions to establish a culturally safe environment for Aboriginal children and young people. See examples under ‘Further resources’.
Schools can use their Child Safety and Wellbeing Policy or another document.
Make sure the policy or statement has an explicit commitment to identify, confront and address racism. This may require updates to other policies that reference expected standards of behaviour for staff and students.
2. Endorse
The school governing authority must endorse the policy or statement.
3. Implement
Compliant schools:
- ensure staff, students, volunteers and the school community understand the importance of Aboriginal culture to the wellbeing and safety of Aboriginal students
- implement actions and strategies listed in policies
- encourage and support student’s ability to express their cultural rights
- actively support participation and inclusion of Aboriginal students and their families.
Examples of common non-compliance
- A school does not develop a policy or statement because they have no Aboriginal students.
- The policy or statement has commitments to cultural safety, but no strategies and actions.
- A policy or statement covers cultural safety generally and does not cover Aboriginal students and their families.
- The policy or statement is good, but there is little or no evidence the school implements the actions and strategies.
2. Child safety and wellbeing
Ensure that child safety and wellbeing are embedded in school leadership, governance and culture.
All references to 'schools' include school boarding premises.
Steps to compliance
This Standard covers a wide range of obligations. To help you understand and meet the Standard, we have broken it down into 4 sections with practical steps.
Examples of common non-compliance
This Standard covers a wide range of obligations so examples of common non-compliance are broken down into 4 sections.
3. Child and student empowerment
Children and young people are empowered about their rights, participate in decisions affecting them and are taken seriously.
All references to 'schools' include school boarding premises.
Steps to compliance
1. Review
Ministerial Order 1359 does not mandate how schools should document strategies and actions to implement child and student empowerment. This may be a curriculum planning document or other existing document.
Schools should review — and update — their approach and documentation on child and student empowerment.
School boarding premises — even those operated by schools — must tailor the strategies and actions to the specific context of a boarding premises.
2. Train
Induction or training processes for staff and volunteers allow them to:
- become ‘attuned to the signs of harm’
- support students to express their views, take part and raise concerns
- identify signs of child abuse.
Schools must keep records showing staff and volunteers have undertaken relevant induction or training.
Volunteers receive training that is appropriate to the nature and responsibilities of their role. For example, a volunteer with weekly access to children through a reading group needs a greater level of training than a volunteer who helps once a year at the school fete. See the ‘Suitable staff and volunteers’ Standard for further guidance.
3. Implement
Compliant schools:
- make sexual abuse prevention programs available to all students in age-appropriate ways
- inform students about their rights, including to safety, information and participation
- have strategies in place to develop a culture that:
- recognises the importance of friendship
- facilitates participation
- is responsive to student input
- take practical actions to empower students. Examples can be found under ‘Further resources’ and include:
- engaging and easy to read posters promoting student voice and agency
- providing information about how students can raise concerns
- creating opportunities for student participation
- have governing authorities that develop curriculum planning (or other documents) with strategies and actions to:
- empower children
- inform them of their rights
- help them take part in decisions affecting them.
Examples of common non-compliance
- No or limited access to sexual abuse prevention programs for students or information about their rights.
- Some staff and volunteers do not receive relevant information through induction or training processes.
- A school boarding premise assumes that the child's school covers all requirements of this Standard but the school’s documentation does not account for the specific context of a boarding premises.
- A ‘top down’ approach — child safety information published, but with no opportunity for discussion and input from children and students.
- A school is unable to produce documentation that records actions taken, such as a list of staff and volunteers that undertake training or evidence the school takes action to empower children.
4. Family engagement
Families and communities are informed and involved in promoting child safety and wellbeing.
All references to 'schools' include school boarding premises.
Steps to compliance
1. Develop
Schools must have a policy, statement or other document on child safety family engagement. This may be included in the Child Safety and Wellbeing Policy.
Schools must involve families and the school community in development and review of child safe policies and processes. Examples include:
- consulting families on drafts of the Child Safety and Wellbeing Policy and the Child Safety Code of Conduct
- presenting an opportunity to provide feedback online or in a face-to-face forum.
2. Endorse
The school governing authority must endorse the policy, statement or document.
3. Implement
Compliant schools:
- ensure families take part in decisions which affect their child
- provide families and the community an opportunity to have their say on policies, such as through school newsletters and virtual or face-to-face meetings
- inform families and the school community about:
- child safety and wellbeing practices
- how the school governing authority, leadership and staff support them.
Examples of common non-compliance
- There is no policy, statement or other documentation that covers family and school community engagement on child safety matters.
- A policy, statement or document exists, but it’s an internal document, with no actions to inform families and the community about school operations and governance in relation to child safety and wellbeing. For example, through website material, newsletters, information sessions.
- Staff develop and finalise core child safe policies and processes, with no opportunity for families and community to contribute and ‘have a say’.
5. Diversity and equity
Equity is upheld and diverse needs are respected in policy and practice.
All references to 'schools' include school boarding premises.
Steps to compliance
1. Review
Ensure you have a policy, statement or curriculum document on diversity and equality. This can be included in:
- the Child Safety and Wellbeing Policy
- through a review of a school’s complaints policy and curriculum documentation.
Ensure it covers the requirements of Ministerial Order 1359:
- induction or training for staff and volunteers that make sure they understand:
- the diverse circumstances of children and students
- how to support and respond to vulnerable students
- a complaints process that is culturally safe, accessible, and easy to understand
- specific reference to how the school supports and responds to needs of vulnerable students, including:
- students with disability
- students from culturally and linguistically diverse backgrounds
- students who are unable to live at home
- international students
- lesbian, gay, bisexual, trans and gender diverse, intersex and queer (LGBTIQ+) students
- Aboriginal and Torres Strait Islander students.
- strategies and actions for respecting diversity and supporting and responding to vulnerable students. Examples include:
- diversity training for staff
- diversity curriculum for students
- tailoring policies and procedures to the needs to vulnerable children. These can cover complaints, bullying, student behaviour and learning.
See an explanatory note on identifying vulnerable students under ‘What does the minimum standard say?’.
2. Endorse
The school governing authority must endorse the policy, statement or curriculum document.
3. Implement
Compliant schools:
- provide staff and volunteers with appropriate information through induction or training processes on how to respond to and support vulnerable students
- have complaints processes and procedures that:
- meet the diverse needs and circumstances of vulnerable children
- are available to staff, students and volunteers
- are culturally safe, accessible and easy to understand
- implement the strategies and actions to ensure vulnerable students are supported.
Examples of common non-compliance
- An outdated Inclusion and Diversity Policy that:
- references the superseded Ministerial Order 870, instead of Ministerial Order 1359
- does not take include needs of all vulnerable children identified in Ministerial Order 1359.
- The policy, statement or curriculum document does not cover the requirements listed in ‘Steps to compliance’.
- Little or no evidence of implementation of documented strategies and actions. For example, no evidence to show information is provided through induction or training processes for staff and volunteers.
- No complaints policy.
- A complaints policy and procedure that is not:
- accessible
- culturally safe
- easy to understand.
6. Suitable staff and volunteers
People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice.
All references to 'schools' include school boarding premises.
Steps to compliance
1. Review
Schools maintain registers of staff and volunteers required to have:
- a Working With Children clearance
- a Victorian Institute of Teaching registration.
These are minimum standards for school registration.
Be clear about the staff and volunteers that perform ‘child-connected’ and ‘child-related’ work.
Child-connected work is:
- authorised by the governing authority
- performed by an adult in a school environment while children are present or reasonably expected to be present.
This definition is likely to cover all, or the vast majority of school staff, and many volunteers.
Child-related work is more specific. It is an adult who:
- works with children. This includes paid and unpaid work
- has direct contact with children as a usual part of their duties
- is not occasional or incidental to their work.
If in doubt about whether staff or a volunteer performs child-connected work, assume they do, and apply the steps detailed here.
Ensure staff and volunteers and members of the governing body engaged in child-connected work receive an induction that includes:
- the Child Safety and Wellbeing Policy
- the Child Safety Code of Conduct
- records management, information sharing and reporting obligations
- where relevant to the role, policy and procedures for managing complaints and concerns related to child safety.
Make sure job advertisements have clear statements about:
- the job’s requirements, duties and responsibilities regarding child safety and wellbeing
- the job occupant’s essential or relevant qualifications, experience and attributes in relation to child safety and wellbeing.
Ensure volunteers engaged in child-connected work have a current Working With Children clearance.
Sight, verify and record the person’s Working with Children clearance or equivalent background check such as a Victorian Institute of Teaching (VIT) registration.
For staff engaged in child-related work, collect and record proof of:
- the person’s identity
- any professional or other qualifications
- the person’s history of working with children.
This includes references that address their suitability for the job and working with children. Consider whether you should conduct the same or similar checks for volunteers based on the child safety risks relevant to their role.
Ensure there are procedures for ongoing supervision and monitoring of staff and volunteers. This includes evaluating staff for compliance with the Child Safety Code of Conduct at performance appraisals.
2. Maintain
Creating a register of staff and volunteers is not enough. The school governing authority must ensure there are procedures to keep it maintained and up-to-date.
3. Implement
Compliant schools:
- develop robust procedures to ensure only suitable staff and volunteers work with children
- provide a child safety and wellbeing induction to:
- staff
- volunteers
- governing authority members
- supervise and monitor staff and volunteers to ensure they continue to be suitable to work with children
- support staff and volunteers to understand their responsibilities.
Examples of common non-compliance
- Register of staff and volunteers required to have a Working With Children clearance is not up-to-date or accurate.
- Job advertisements for child-connected work do not cover:
- duties and responsibilities in relation to child safety and wellbeing
- qualifications
- experience and attributes in relation to child safety and wellbeing.
- No child safety induction process for staff and volunteers engaged in child-connected work.
- No child safety induction process for members of the school governing authority. This can be the same induction given to staff and volunteers.
- No screening of volunteers engaged in child-related work.
- Volunteers engaged in child-connected work not informed about the Child Safety and Wellbeing Policy or the Child Safety Code of Conduct.
- Little or no evidence of school governing authority oversight of procedures for the recruitment, screening, training and monitoring of staff and volunteers engaged in child-connected or child-related work.
- No policy or process to monitor ongoing suitability of staff and volunteers to work with children.
- No action taken when staff or volunteers:
- breach the Child Safety Code of Conduct
- fail to prioritise the safety and wellbeing of students.
Compliant schools:
- develop robust procedures to ensure only suitable staff and volunteers work with children
- provide a child safety and wellbeing induction to:
- staff
- volunteers
- governing authority members
- supervise and monitor staff and volunteers to ensure they continue to be suitable to work with children
- support staff and volunteers to understand their responsibilities.
7. Complaints processes
Ensure that processes for complaints and concerns are child focused.
All references to 'schools' include school boarding premises.
Steps to compliance
1. Review
Review existing complaints policies and procedures. When doing this, address each specific requirement set out in Clause 11 of Ministerial Order 1359.
The complaints policies and procedures must be child focused, publicly available and accessible. This means children can understand what to do and who to talk to if anything makes them feel uncomfortable or unsafe. This includes procedures (‘the process for making a complaint’) that children can understand and follow if they need to.
The complaints policies must contain clear procedures for responding to complaints or concerns about child abuse in all forms, including:
- physical child abuse
- sexual child abuse
- grooming
- emotional child abuse
- family violence
- neglect.
Complaints must be taken seriously and responded to. This means policies specify the behaviour and procedures staff and volunteers must follow when they:
- receive a complaint
- become aware of concerns relating to child abuse.
Staff and volunteers are not required to make a judgement about the truth of a complaint or concern relating to child abuse. Complaints policies and procedures must not include any statement that indicates or implies that they are.
Respond to complaints promptly and thoroughly. This means upon receiving a complaint schools must:
- carry out the actions listed in their complaints policies and procedures in a timely manner
- act to protect a student who raises or is affected by a complaint or concern.
2. Endorse
Updating complaints and reporting policies and procedures is not enough. The school governing authority must endorse the policies and procedures for complaints and reporting of child abuse.
Schools must also make them publicly available. This could mean:
- posting them on a public website
- distributing them through school newsletters or communications
- including them in school induction materials.
3. Implement
Compliant schools:
- have a clear procedure for responding to complaints or concerns about child abuse
- have a complaints handling process focused on students and their safety needs
- take complaints and concerns seriously
- respond promptly and thoroughly
- support and protect students who raise, are affected by, or connected to, complaints or concerns
- identify and respond to all forms of child abuse
- report child abuse to relevant authorities, whether or not there is a legal obligation to report it.
Examples of common non-compliance
- There is no complaints policy or associated procedures for responding to complaints or concerns about child abuse.
- Complaints policies and procedures are not reviewed and changed to cover all Ministerial Order 1359 requirements.
- Procedures designed and written for adults only, not children. It is not clear that children and students know what to do and who to talk to if anything makes them feel uncomfortable or unsafe.
- The complaints policy and procedures cover some people within the school, but not others. For example:
- a complainant is told that they can make a complaint about staff, but not about volunteers, contractors, children or students.
- a student or child is told that they cannot make a complaint about another student or child. This is incorrect.
- A complaint is made, but the school does not carry out the actions listed in the published policy or associated procedures in a timely manner.
- A school does not record or act on a complaint.
- A school discourages or prevents somebody from making a complaint.
- Procedures do not identify:
- the role and responsibility of leadership, staff and volunteers in handling complaints
- an alternative procedure if any person with responsibility cannot perform their role. For example, if they are the subject of the complaint.
8. Child safety, knowledge, skills and awareness
Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training.
All references to 'schools' include school boarding premises.
Steps to compliance
1. Provide
All schools are required to provide child safety training to staff, volunteers and members of the governing body.
There is not a specific training program. Schools should tailor training programs to:
- the needs of their student cohort and community
- risks within their school environment.
Schools must make sure that whatever child safety training program they develop covers all matters specified in the Ministerial Order 1359. This means training for staff must include:
- the Child Safety and Wellbeing Policy and the Child Safety Code of Conduct
- the procedures for responding to complaints and concerns about child abuse
- recognising indicators of child harm, including harm caused by other children and students
- responding effectively to issues of child safety and wellbeing and supporting colleagues who disclose harm
- how to build culturally safe environments for children and students
- information sharing and recordkeeping obligations
- how to identify and mitigate child safety and wellbeing risks in the school environment without compromising a child or student’s:
- right to privacy
- access to information
- social connections
- learning opportunities.
Provide child safety training to volunteers involved in child-connected work. This doesn't mean that volunteers get identical training program to staff. Training should be appropriate to the nature and responsibilities of the volunteer’s role.
If in doubt whether a volunteer does child-connected work, assume they do.
Provide annual training and guidance to the members of the governing authority about:
- individual and collective obligations and responsibilities for:
- implementing the Child Safe Standards
- managing the risk of child abuse
- child safety and wellbeing risks in the school environment
- the child safety policies, procedures and practices of the school.
2. Endorse
This Standard places specific obligations on governing authorities. It means they must:
- ensure their schools have developed and implemented child safety policies and procedures
- take a leadership role in creating a child safe culture and have appropriate oversight of child safety at the school.
3. Implement
Compliant schools:
- provide (at least) annual training for staff engaged in child-connected work
- provide appropriate training and information to volunteers (where appropriate to their role)
- provide (at least) annual training for members of the school governing authority about child safety matters.
Examples of common non-compliance
- No evidence of child safety training for all staff involved in child-connected work.
- Child safety training misses things specified in the Ministerial Order 1359. For example, it does not cover guidance on recognising indicators of child harm.
- No evidence of child safety training for some or all volunteers engaged in child-connected work. For example, an after-hours volunteer sports coach.
- Training last occurred more than 12 months ago.
- No evidence of annual training for members of the governing authority on responsibilities for implementing the Child Safe Standards, risk management and the child safety policies and procedures of the school.
Note: government school councils are responsible for ensuring that appropriate training and guidance is provided to the members of the school council. This must be carried out at least once a year.
9. Child safety in physical and online environments
Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.
All references to 'schools' include school boarding premises.
Steps to compliance
1. Review
In the physical environment, schools and school boarding premises supervise students and children.
A school’s duty of care does not stop once a child or student is offsite at another physical location for their schooling. Make sure contracts with third-party suppliers have clear requirements for the safety of children and students. Be clear about what you will do if the supplier fails to meet the requirements.
Schools are also responsible for upholding safety and wellbeing in the school’s online environments. Under the guidelines for school registration, schools must already have internet use policies and procedures. Schools may review and revise these documents to comply with this Standard. Alternatively, schools may:
- develop a standalone policy
- include online environments as part of the Child Safety and Wellbeing Policy or the Child Safety Code of Conduct.
2. Endorse
The school governing authority must endorse the statement or policy on online safety and online conduct.
3. Implement
Compliant schools:
- have child safety and wellbeing policies, procedures and practices that enable staff and volunteers to identify and mitigate risks in school environments.
- have a policy or statement on online conduct and online safety
- ensure contracts with third-party suppliers include requirements for the safety of children and students. Note: for government schools, the school council is responsible for this requirement.
Examples of common non-compliance
- No policy or statement on online conduct and online safety.
- A school boarding premise relies on the policies and procedures adopted at the school, without considering the specific child safety risks of a boarding premise environment.
- No contract or written agreement with third parties.
- A third-party agreement without requirements for the safety and wellbeing of children.
- Policies, procedures and practices do not enable school staff and volunteers to identify and mitigate risks in the physical school environment.
- Policies, procedures and practices do not identify and mitigate risks in all school environments. For example:
- camps
- excursions
- sporting events
- home stays
- courses provided in non-school settings.
10. Review of child safety practices
Implementation of the Child Safe Standards is regularly reviewed and improved.
All references to 'schools' include school boarding premises.
Steps to compliance
1. Review
Make sure child safe policies and procedures record the date of endorsement and review date.
Remember that some policies, procedures and practices need review more frequently than ‘at least every 2 years’. These include the annual requirements to:
- monitor and review risks
- provide training and information on child safety to staff, governing authority members and as appropriate, volunteers.
2. Endorse
Reviewing and evaluating child safety and wellbeing policies, procedures and practices is not enough. The school governing authority must endorse them.
3. Implement
Compliant schools:
- review and evaluate child safety policies, procedures and practices at least every 2 years or after an incident
- analyse complaints, concerns and safety incidents to identify causes and any systemic failures
- report results of reviews to staff, volunteers, students, parents and the school community
- have a culture of continuous improvement.
Examples of common non-compliance
- A ‘set and forget’ mindset exists at the school. This means there is no evidence of review and evaluation at least every 2 years, or after significant child safety incidents.
- The review date of a child safe policy or procedure has passed.
- There is no evidence of analysis of complaints, concerns and safety incidents to identify causes and systemic failures.
11. Implementation of child safety practices
Policies and procedures that document how schools are safe for children, young people and students.
All references to 'schools' include school boarding premises.
Whole organisation implementation
This requirement states that schools must implement all the preceding requirements in Ministerial Order 1359. It also states that child safety policies and procedures must be informed by best practice models and stakeholder consultation.
The requirement that leaders ‘champion and model’ procedures can be demonstrated in a variety of ways. Particularly if the school child safety culture is prominent in the school’s:
- public-facing policies, procedures and practices
- approach to complaints and concerns about child safety and wellbeing
- communications to families and the school community
- visually on display in the school.
Examples of common non-compliance
- The school has not implemented the requirements of Ministerial Order 1359.
- The child safety culture is established internally but not publicly accessible.
- The school does not implement practices for a child safe environment.
- The child safety policies, processes and practices are not documented, communicated and modelled at every level.