Skip to content
Policies
We have a strong commitment to providing a safe and supportive school environment. We know that when our students are happy, they are more engaged in their learning.
The policies below outline the regulations, processes, and procedures that govern NextSense School. They aim to nurture the well-being of our families, staff, and students.
Safeguarding policy
Policy Summary – Key Points
- NextSense requires all staff to maintain the care and protection of children and vulnerable people as paramount.
- NextSense has zero tolerance to child abuse and is committed to actively contributingto a child safe environment where children and young people are protected and safe from abuse.
- Staff must observe acceptable standards of conduct at all times and comply with theirlegislative obligations relating to working with children and providing services under the NDIS scheme as well as NextSense policies and procedures.
- All staff are required to report to their manager or their delegate any concern pertaining to the safety, wellbeing or welfare of children and vulnerable people to whom NextSense provides a service including disability, care, health or education services.
- Staff are required to comply with Mandatory Reporting obligations arising under child protection legislation and the National Disability Insurance Scheme Act 2013 (Cth).
- NextSense and some of its staff are captured under the Reportable Conduct Scheme in New South Wales and Victoria that requires NextSense to report any allegations of reportable conduct made against staff to the relevant statutory body and conduct a workplace investigation into the reported allegation.
- Staff must keep information relating to matters under this policy confidential and comply with rules relating to procedural fairness.
| Document Reference: | POL00001 |
| Status: | Approved |
| Issue Date: | 13 October 2025 |
| Policy Owner: | Director of People and Governance |
| Functional Unit: | Governance, Risk and Compliance |
Part 1 – Purpose
NextSense seeks to create a safe environment where all individuals conform to the highest standards of conduct in relation to the safety, wellbeing, care and support of children, young people and vulnerable people. NextSense has zero tolerance to child abuse and is committed to actively contributing to a child safe environment where children and young people are protected from abuse.
Part 2 – Scope
This policy applies to all employees, affiliates and volunteers of NextSense. Reference to Staff in this policy is intended to cover all people that fall within the definition of Staff, as set out in Part 4 of this document.
Part 3 – Policy
1.1 Responsibilities and Obligations
1.1.1. Staff must maintain the care and protection of children, young people and vulnerable people as paramount.
1.1.2. Staff must be familiar with, comply with and maintain at all times, the required standards of professional behaviour as set out in the NextSense Code of Conduct Policy POL00009 in their relationships and conduct with children, young people and vulnerable people, and promote the safety, wellbeing and protection of children, young people and vulnerable people to whom NextSense provides a service.
1.1.3. Staff must comply with the applicable legislation and NextSense policies and procedures with respect to safeguarding and child protection, at all times.
1.1.4. Staff must maintain professional standards at all times, including not engaging in any conduct that could reasonably be assessed as conduct that falls below standards of expected conduct towards or in the presence of children or vulnerable people or conduct that falls within the definition of Reportable Conduct or Reportable Incident, as defined in this policy.
1.1.5. Consistent with their legal and moral obligation to maintain duty of care, Staff must take reasonable measures to ensure that children and vulnerable people are not harmed and are protected from reasonably foreseeable risks of harm.
1.1.6. Staff must comply with the reporting obligations set out in this policy.
1.1.7. Staff must support the rights of students, parents, vulnerable people, clients and people employed or engaged by NextSense, to bring forward complaints or allegations and to be heard without fear of reprisal.
1.1.8. Staff must report to their Manager or their delegate any information they may have in relation to inappropriate conduct involving a child or a vulnerable person.
1.2. Recruitment, Engagement and Onboarding
1.2.1. Staff must maintain and keep current, a clearance to work with children as regulated by the applicable State and Territory in which they work for NextSense as well as requirements prescribed under NextSense Policies and Procedures relating to screening.
1.2.2. Staff employed by NextSense who are working with clients with a disability must maintain and keep current, their NDIS worker screening clearance throughout their employment with NextSense.
1.2.3. Staff are required to report to the NextSense People and Culture team, any criminal conviction or charges subsequent to their employment or engagement with NextSense that may present a potential risk to children, young people or vulnerable adults.
1.2.4. All Staff must participate in Safeguarding Training as provided and amended by the Governance, Risk and Compliance team from time to time.
1.2.5. Compulsory Safeguarding training will be captured as part of all Staff onboarding processes with NextSense. All Managers are responsible for ensuring that their team completes and participates in Safeguarding Training as directed by the Governance, Risk and Compliance Team.
1.2.6. Staff engaging an individual to provide any professional services (in a paid or unpaid capacity) must ensure that the individual has a valid clearance to work with children and young people and that the clearance has been verified by People and Culture team prior to commencement of engagement.
1.2.7. Staff engaged at NextSense Kindergarten must ensure compliance with relevant State legislation in relation to the maintenance and submission of the Early Childhood Workforce Register.
1.2.8. Staff engaged at NextSense Preschool must ensure that they maintain and regularly update the Working With Children Check Record Keeping Template (template as provided by the Office of the Children’s Guardian).
1.3. Reporting Concerns about Child Protection Matters
1.3.1. All Staff are deemed mandatory reporters pursuant to this policy and must report any concerns in relation to the safety, welfare or wellbeing of a child to their Manager or their delegate as soon as practicable after becoming aware of the information.
1.3.2. Any reported concern must be assessed by the Manager or their delegate to determine an appropriate response, including an assessment of whether the concern requires Mandatory Reporting to statutory bodies.
1.3.3. Staff must comply with Mandatory Reporting obligations relating to safety, wellbeing and wellbeing concerns about children arising under legislation in the applicable State or Territory as set out in the NextSense Mandatory Reporting Procedures PRD00001. This includes obligations to report any suspected child abuse offence, including sexual abuse, serious physical abuse or extreme neglect of a child.
1.3.4. The Manager (or their delegate) at each site has a responsibility to ensure that all Staff in their team are aware of the NextSense Code of Conduct Policy POL00009, this policy and the related procedures.
1.3.5. The Manager (or their delegate) at each site has a responsibility to report to the Nominated Delegate any child related concerns reported to or known to them under
this policy and comply with all reasonable directions, including to make any required reports to the relevant statutory body.
1.3.6. The Nominated Delegate has an obligation to report or require a person with relevant authority at NextSense to make a report to relevant statutory bodies any reported suspected child abuse offence arising in the context of work. Any suspected child abuse offence that does not arise in the context of work may still require a report to statutory bodies by the relevant staff member under applicable State or Territory legislation. An obligation to report a suspected child abuse offence to NextSense, where it arises in the context of work, does not restrict the individual from directly reporting the concern to the relevant statutory body.
1.3.7. All Staff are required to report to their Manager, their delegate and/or the Governance, Risk and Compliance team of any information, concerns or knowledge about inappropriate behaviour by any Staff that involves a child, young person or vulnerable person regardless of whether the alleged behaviour occurred inside or outside of work. Staff members must immediately report to their Manager and/or the Governance, Risk and Compliance Team of all suspected incidences of conduct that may be in breach of this policy.
1.3.8. The Nominated Delegate has an obligation to ensure that a risk assessment is undertaken as soon as reasonably practicable, to inform NextSense of actual or perceived risks which are present or likely to arise in a particular matter and assist with the strategies or interim measures necessary to mitigate the risk and protect the integrity of any workplace process or investigation.
1.3.9. Any concerns assessed as being an allegation of Reportable Conduct must be reported to the relevant statutory body by the Chief Executive of NextSense, or their delegate, consistent with the applicable NextSense Reportable Conduct Procedures and within the prescribed timeframes.
1.3.10. Under this policy, any concern about child protection matters relating to the Chief Executive of NextSense must be reported to the NextSense Board via the President of the Board. The NextSense Board must comply with obligations to report concerns to relevant statutory bodies.
1.4. Reporting Reportable Incidents to the NDIS Commission
1.4.1. Staff must report any concerns in relation to the safety, welfare and wellbeing of a vulnerable person to their Manager or their delegate as soon as practicable after becoming aware of the information.
1.4.2. The Manager (or their delegate) at each site has a responsibility to report to the Nominated Delegate any concerns relating to vulnerable people reported to or known to them under this policy and comply with all reasonable directions by the Nominated Delegate in the management of the matter.
1.4.3. All reported incidents and concerns must be appropriately assessed, responded to, and investigated, where reasonable.
1.4.4. Any incident assessed as being a Reportable Incident must be reported to the NDIS Commission by the Chief Executive of NextSense, or their delegate, consistent with the reporting obligations set by the NDIS Commission and in the required timeframes. If the Reportable Incident relates to the Chief Executive of NextSense, the President of the Board or their delegate must report the incident to the NDIS Commission.
1.4.5. Any incident assessed as being a Reportable Incident must be investigated in accordance with NextSense internal procedures, Work, Health and Safety policies, and instruction provided by the NDIS Commission, as applicable.
1.5. Confidentiality, Records and Disclosure
1.5.1. Staff must keep confidential any information they are privy to with respect to any matter that is captured within this policy. Any breach of confidentiality under this policy may result in NextSense taking disciplinary/appropriate action. Maintaining confidentiality does not limit an individual’s obligation for reporting concerns as outlined in this policy or when obtaining support from the Employee Assistance Program.
1.5.2. Staff must maintain appropriate records and data in relation to their professional practice when working with children and vulnerable people. Records may include case notes, student/client files and behaviour management plans. This includes keeping contemporaneous file notes and records of any reported disclosures, observations and discussions, including any alleged breach of this policy and these must securely stored in accordance with NextSense policies and procedures.
1.5.3. Staff with delegated responsibility must ensure that appropriate records of matters reported under this policy are confidentially retained and where applicable, records of investigations and findings are stored securely, confidentially and separately from staff personnel files.
1.5.4. Where permitted and/or required under legislation, NextSense may share confidential information with relevant statutory bodies, other agencies or key stakeholders to ensure the safety and wellbeing of children and vulnerable people. This includes, but is not limited to, State regulators and administrators of the Reportable Conduct Scheme, State and Territory regulators of working with children clearances, State regulators of teacher accreditation or related bodies, NDIS Commission, State, Territory or Federal police, child wellbeing government departments under Mandatory Reporting, employers of staff engaged by NextSense, Parents/guardians of children/young people whom the matter relates to, or other agencies where appropriate.
1.6. Safe use of digital technologies and online environments
1.6.1. Prior to taking any images or videos or children and young people, all Staff must ensure that NextSense has obtained necessary consent for taking, storing, using and
disposing of images and videos of children and young people engaged with NextSense services.
1.6.2. All Staff, employed or engaged by NextSense must only use service-issued electronic devices, unless there is a permitted purpose for use of personal electronic devices, when taking images or videos of children and young people (where appropriate consent has been obtained).
Use of electronic devices when providing services to children and young people in Education Services
1.6.3. All Staff engaged in NextSense Preschool and Kindergarten, must act in accordance with the National Model Code for Taking Images or Videos of Children while Providing Early Childhood Education and Care and NextSense Preschool/Kindergarten Safe Use of Digital Technologies and Online Environments Policy.
1.6.4. Personal electronic devices that have the ability to records, take videos and/or capture images (such as tablets, phones, smart watches and digital camera) and personal storage file transfer media (such as SD cards, USB drives, hard drives and cloud storage) must not be in the possession of any person who is providing direct education, care and support to children and young people engaged at NextSense Preschool, Kindergarten and/or with NextSense Services.
1.6.5. Should a Staff member require usage of a personal device whilst directly working with children or young people, it must be for a permitted purpose (consistent with the National Code) and a risk assessment must be completed by their Manager. Usage of the personal device can only occur when written permission of the Manager is provided.
1.6.6. The Nominated Supervisor of the Preschool and Kindergarten must ensure that they keep a record of all authorisations for usage of personal devices when directly engaging with children. Manager must ensure that all volunteers, the parent community and student placements are aware of their obligations under this policy.
1.7. Procedural Fairness
1.7.1. NextSense considers a child, young person and vulnerable person’s right to be heard, protected and supported as paramount.
1.7.2. All parties to a complaint have a right to confidentiality insofar as permitted by the law.
1.7.3. Staff who are subject to a complaint regarding a matter under this policy have the right to know what has been alleged in sufficient detail for them to respond and the right to respond to any complaint or adverse comment made against them.
1.7.4. Any investigation of a complaint against Staff must be conducted sensitively and with consideration given to the care and support needs of all parties to a complaint.
1.7.5. Objectivity and impartiality during the investigation process must be ensured. All investigations of a complaint against Staff must be in accordance with the relevant
procedures, principles of procedural fairness and incorporate an ongoing risk assessment.
1.7.6. Any conflicts of interest, be they actual, potential or perceived, must be identified and managed appropriately to reduce any adverse impacts on an investigation, or on the parties subject to the investigation of a complaint.
1.7.7. Contact and report to statutory bodies or other external authorities does not remove the requirement for an internal investigation at an appropriate time following receipt of clearance to commence an internal investigation from the statutory body.
1.7.8. Staff who are subject of allegations will be kept informed of the progress of the investigation on a reasonable basis.
1.7.9. Nothing in this policy restricts or limits NextSense from seeking specialist advice and/or support from a statutory entity or a specialist service in the management of any matter that falls within this policy and any related procedures.
1.8. Breach of this policy and related procedures
1.8.1. Any breach or perceived breach of this policy and its related procedures may result in NextSense taking disciplinary/appropriate action.
1.8.2. A finding of a breach of this policy may result in serious employment outcomes, including termination of employment for staff employed by NextSense or a termination of any engagement agreement with respect to Staff who are engaged by NextSense in any capacity.
1.8.3. Staff who fail to fulfil their mandatory reporting obligations without reasonable excuse and within a reasonable time frame, may be subject to serious employment outcomes, including termination of employment.
Part 4: Definitions
Term | Definition |
| Affiliate | A person employed by an external entity who is formally affiliated with NextSense to conduct work as required by NextSense. (Children’s Hospital employees) |
| Allegation of Reportable Conduct in NSW | Pursuant to section 20 of the Children’s Guardian Act 2019 (NSW), an allegation of reportable conduct includes:
behaviour that causes significant emotional or psychological harm to a child. |
| Allegation of reportable conduct in Victoria | Pursuant to section 3 of the Child Wellbeing and Safety Act 2005 (Vic), an allegation of reportable conduct includes:
|
| Child/children | Means a person under the age of 18 years. |
| Employee | Staff, volunteers, contract workers, tertiary students, and trainees, are to be considered employees of NextSense for the purposes of implementing child protection measures. |
| Emotional or Psychological Abuse | Serious psychological harm can occur where the behaviour of a parent or caregiver, or another person damages the confidence and self-esteem of a child or young person, resulting in serious emotional disturbance or psychological trauma. Although it is possible for one-off incidents to cause serious harm, in general it is how many times, and how long a parent or carer or another person harms the child that determines its impact. This can include a range of behaviours such as excessive criticism, withholding affection, exposure to domestic violence, intimidation or threatening behaviour. |
| Manager | Means a workplace manager or supervisor, or their delegate, as appropriate. |
| Mandatory reporting | Means legislated reporting obligations with respect to the safety and wellbeing concerns about a child or a class of children and child abuse matters to relevant statutory bodies in the applicable State and Territories. This extends to mandatory reporting requirements for potential criminal matters to the applicable State, Territory or Federal police. |
| Neglect | Neglect is when a parent or caregiver or another person (as applicable) cannot regularly give a child the basic things needed for their growth and development. This includes a safe place to live, food, clothing, medical and dental care, adequate supervision and enough parenting and care. |
| Nominated delegate | Means the Director of People and Culture at NextSense or their delegate. |
| Physical Abuse | abuse is a non-accidental injury or pattern of injuries to a child or young person caused by a parent, caregiver or any other person. It includes injuries which are caused by excessive discipline, severe beatings or shakings, cigarette burns, attempted strangulation and female genital mutilation. Injuries include bruising, lacerations or welts, burns, fractures or dislocation of joints. Any unreasonable physical force to a child is a crime. For example, hitting a child or young person around the head or neck, or using a stick, belt or other object to discipline or punish a child or young person may be considered a crime. |
| Reportable conduct | Means any allegation that is captured within the Reportable Conduct Scheme in New South Wales and Victoria, as applicable to NextSense and its Staff and reportable to the Office of the Children’s Guardian NSW (OCG) and the Social Services Regulator (SSR) in Victoria, respectively. As it is an allegation-based scheme, findings that the alleged conduct did in fact occur is not required for the purposes of NextSense reporting the allegation |
| Reportable incident | Pursuant to section 73Z(4) of the National Disability Insurance Scheme Act 2013 (Cth) a reportable incident is an incident that occurs or is alleged to have occurred in connection with the provision of supports or services by a registered NDIS provider and includes:
Reportable Incident also captures allegations of the incidents described above. |
| Sexual Abuse | Sexual abuse is when someone involves a child or young person in a sexual activity by using their power over them or taking advantage of their trust. Often children or young people are bribed or threatened physically or psychologically to make them participate in the activity. Sexual abuse is a crime. Sexual abuse of children includes any of the following acts committed against children who are under 16:
It is also a crime for a person to groom or procure a child for sex with them or with another person. |
| Staff | Includes paid employees (whether employed on a permanent, temporary or casual basis), affiliates, volunteers, contractors, tertiary students, and trainees. |
| Vulnerable people | Means a child, or a person above the age of 18 years, who is, or may be in need of care services, or unable to take care of themselves, or protect themselves from harm or exploitation by reason of age, illness, trauma, disability, or any other reason. The definition, for the purposes of this policy, includes a person with disability who requires no or minimal additional supports to ensure they can access general safeguards to an extent equal to other members of the community. |
| Witnessing family violence | Domestic and family violence is a crime. It is when there is violent, abusive or bullying behaviour or actions towards a partner or former partner to scare and control them. It can happen at home or outside the home. It causes fear and harm to the body, mind and spirit. The abuse can include verbal, psychological, emotional, financial, physical and sexual abuse. It can also include harassment and stalking, spiritual or religious abuse, reproductive abuse, coercive control and image-based abuse. Children and young people experience harm when they have to live in homes where domestic violence occurs. |
Part 5: Related documents
This policy document should be read in conjunction with:
Internal Related Policies and Procedures
- Reportable conduct procedures New South Wales PRD00002
- Reportable Conduct Procedures Victoria PRD00069
- Mandatory Reporting Procedures PRD00001
- NextSense Code of Conduct Policy POL00009
- NextSense Grievance Policy POL00104
- Work Health and Safety Policy and Procedures
- Safe use of Digital Technologies and Online Environments Policy
- Any other applicable NextSense Policies and Procedures
Legislation/Regulations
- Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021 (Vic)
- Child Wellbeing and Safety Act 2005 (Vic)
- Child Wellbeing and Safety Amendment (Child Safe Standards) Act 2015 (Vic)
Child Youth and Families Act 2005 (Vic)
- Crimes Act 1958 (Vic)
- Children (Education and Care Services) National Law 2010
- Children’s Guardian Act 2019 (NSW)
- Children and Young Persons (Care and Protection) Act 1998 (NSW)
- Crimes Act 1900 (NSW)
- Education Act 1990 (NSW)
- Children and Young People Act 2008 (ACT)
- Crimes Act 1900 (ACT)
- Criminal Code Act 1899 (Qld)
- Care and Protection of Children Act 2007 (NT)
- Criminal Code Act 1983 (NT)
- Education and Training Reform Act 2006 (Vic)
- National Disability Insurance Scheme Act 2013 (Cth)
- National Disability Insurance Scheme (Provider Registration and Practice Standards)
Rules 2018
- National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018
- National Disability Insurance Scheme (Code of Conduct) Rules 2018
- Teacher Accreditation Act 2004 (NSW)
- National Model Code for Early Childhood Education and Care (ACEQA)
- Education and Care Services National Regulations 168(2)(h)
- Education and Care Services National Regulations 168(2)(ha)(i-v)
Part 6: Policy status and details
| Document Reference: | POL00001 |
| Status: | Approved |
| Endorsed by: | Senior Leadership Team, Risk Committee |
| Approval Authority: | Board President |
| Approval Date: | 26 September 2025 |
| Issue Date: | 13 October 2025 |
| Review Date: | 13 October 2028 |
| Policy Author: | Director of People and Governance and Head of Quality, Compliance and Legal |
| Policy Owner: | Director of People and Governance |
| Functional Unit: | Governance, Risk and Compliance |
| Enquiries Contact: | Head of Quality, Compliance and Legal Samantha Hayek samantha.hayek@nextsense.org.au |
Part 7: Revision History
| Revision Date: | Version No. | Amendment Type | Change | Reference Sections |
| 13.12.2022 | 10.0 | Major | Replacement of Child Protection Policy | N/A |
| 2.09.2025 | 10.1 | Inclusion of safe use of technologies and online environments, review and amendments made following a change in legislation. | Inclusion of safe use of technologies and online environments, review and amendments made following a change in legislation. | |
| 30.03.2026 | 10.2 | Administrative | Updated Victorian Reportable Conduct Regulator | N/A |
School enrolment policy
Policy Summary – Key Points
- NextSense is dedicated to providing high-quality, individualised education for students with sensory impairments. NextSense School operates specialised programs to support, deaf, hard-of-hearing, blind, low-vision, and deafblind students, ensuring they receive tailored instruction suited to their sensory needs.
- While upholding the principles of inclusion, NextSense prioritises accessibility by offering adapted learning resources, multi-sensory communication strategies, and individualised This ensures students can fully participate in their education, empowering them to achieve their potential.
- NextSense Schools fosters students’ academic, social and emotional growth by enhancing their communication skills, cognitive abilities, and Through specialised programs, students gain confidence, cultural awareness, and essential life skills to navigate both educational and social environments successfully.
Document Reference: | POL00049 |
Status: | Approved |
Issue Date: | 30/03/2026 |
Policy Owner: | Head of School |
Functional Unit: | Services (Education) |
Part 1 – Purpose
This policy provides directives for consistent and fair enrolment based on selection criteria that are consistent with the NextSense mission and governing principles. Its purpose is to identify the criteria and procedure for admission to NextSense School, to ensure we provide high quality educational programs to children whose educational needs are related to a sensory impairment.
Part 2 – Scope
This Policy applies to NextSense Schools.
Part 3 – Policy
NextSense is committed to providing a high-quality education to children and young people with a sensory disability. While acknowledging and supporting the principle of inclusion for students in keeping with the Disability Discrimination Act and Standards 2005, our mission is to provide specialist education to students with a significant level of sensory impairment, who are expected to require individualised support.
The School will meet with parent/carer(s) and the student before offering enrolment.
Parents/carer(s) must disclose all relevant information about their child’s disability and additional needs. Failure to disclose at the time, or during enrolment, may result in an offer being revoked.
- Non-Australian citizens can be admitted as full fee-paying students if they meet the general entry criteria and visa requirements.
- NextSense requires an immunisation certificate on enrolment and a record of each child’s immunisation status will be recorded. Copies of immunisation certificates will be retained for a minimum of three years after the child has ceased to attend the school.
- Continued enrolment at the school depends on the student and the parent/carer(s) observing all behavioural codes of conduct and other requirements of the school.
- In all cases, a duty of care to students is NextSense reserves the right not to enrol students if a threat to the school’s capacity to meet its duty of care to students and staff is considered.
NextSense school operates as three (3) separate programs each program separately registered with the NSW Education Standards Authority (NESA). This includes the following:
- Sign Bilingual Program
- Spoken Language Program
- Blind and Deaf Blind Program
Sign Bilingual Program
Specialist Auslan bilingual program for deaf and hard of hearing students who meet the criteria for enrolment.
Enrolment Criteria:
- Sensory Disability – permanent hearing loss with threshold of three frequency average of 30dB or greater in the better ear.
- Cognitive Ability – No greater than mild to moderate cognitive intellectual impairment subject to appropriate assessment/s to determine reasonable adjustments for the child to the specialist instruction offered by the Sign Bilingual Program.
- Children of Deaf Adult (CODA).
Specialist Instruction: Specialist Auslan bilingual program.
Through the Auslan bilingual program, students typically will have a better understanding of how language works, which improves their ability to communicate effectively. They also develop a greater awareness of non-verbal communication, enabling them to develop higher levels of social adaptability, making them more comfortable in diverse social settings and enabling them to bridge gaps between different groups.
Attending an Auslan bilingual school offers a range of benefits for students, both academically and socially.
Key advantages include:
- Enhanced Communication Skills
- Bilingual Proficiency: Students can develop language skills in both Auslan and English, allowing them to communicate in diverse settings.
- Early Language Acquisition: Early Auslan exposure fosters greater fluency, which is an important skill for effective communication within the Deaf community.
- Cultural Competence
- Cultural Awareness: Students will gain a strong understanding about Deaf culture and history, encouraging a sense of identity and belonging.
- Community Connection: Students will become a part of the Deaf community, understanding its norms, values and social practices.
- Academic Growth
- Improved Cognitive Skills: Bilingual education can lead to stronger cognitive abilities, such as problem-solving, multitasking, and memory.
- Academic Achievement: Due to the diverse learning strategies and enhanced cognitive skills that result from the bilingual program, students often achieve better results in academic subjects.
- Social and Emotional Development
- Inclusion and Confidence: When students are included in a supportive, understanding environment, they experience a stronger sense of inclusion and self-confidence.
- Peer Relationships: The bilingual program helps build relationships between peers who share similar experiences.
Spoken Language Program
Specialist Spoken language program for hard of hearing students who meet the criteria for enrolment.
Enrolment Criteria:
- Sensory Disability – Permanent hearing loss with threshold of three frequency average of 30dB or greater in the better ear, taking into consideration the nature of the hearing loss, level of audiological management, and type of assistive listening device e.g. bone conductor/in ear hearing aid(s)/behind the ear hearing aid(s)/cochlear implant(s)/FM etc.
- Cognitive Ability – No greater then mild to moderate cognitive intellectual impairment subject to appropriate assessment/s to determine reasonable adjustments for the child to the special instruction offered by the Spoken Language Program.
- Children of Deaf Adult (CODA).
Specialist Instruction: Specialist spoken language program for hard of hearing students.
NextSense provides a language rich school program which not only strengthens students’ academic abilities but also helps them grow into confident, communicative, and thoughtful individuals. It supports cognitive development, enhances social and emotional well-being, and prepares students for success in an increasingly complex and interconnected world
Accessing the spoken language program for hard-of-hearing students will support language acquisition in several key areas:
- Improved Listening and Comprehension Skills
- Auditory Processing: Students will enhance their ability to interpret and make sense of spoken language through specialised auditory exercises and practice.
- Contextual Understanding: Improved listening skills enable students to understand context and nuances of conversation, leading to stronger overall comprehension.
- Enhanced Spoken Language Proficiency
- Articulation and Pronunciation: The program helps students refine their pronunciation and articulation, allowing for them to communicate more clearly and confidently.
- Vocabulary Expansion: Students will acquire a broader range of words and develop the ability to use language more naturally across different situations.
- Effective Communication in Diverse Settings
- Integration in Mainstream Environments: Strong spoken language skills empower students to engage more effectively in both educational and social
- Social Interactions: Enhanced verbal abilities support more fluid and meaningful interactions with peers, fostering better relationships.
Blind and Deafblind Program
Specialist program for students with vision loss/blindness or who are deafblind and meet the criteria for enrolment.
Enrolment Criteria:
- Sensory Disability (Vision)
- Permanent vision loss of 6/48 or less after correction in the better eye; or
- Vision loss of a vision acuity of 6/24 or less after correction in the better eye with an associated diagnosis of a progressive vision condition diagnosed by an ophthalmologist in Australia; or
- A visual field of 10 degrees or
- Sensory Disability (Hearing) – Permanent or progressive hearing loss with threshold of three frequency average of 30dB or greater in the better ear.
- Cognitive Ability – No greater than mild to moderate cognitive intellectual impairment subject to appropriate assessment/s to determine reasonable adjustments for the child to the special instruction offered by the Deaf and Deafblind program.
In cases of dual sensory impairment, NextSense may determine that a lesser level of one impairment satisfies prescribed eligibility requirements subject to appropriate assessment/s.
Specialist Instruction: Specialist program for students with vision impairment/blindness or who are deafblind.
Accessing a specialist program for Blind and Deafblind students offers numerous benefits that address their unique needs and support their overall development.
The program can support these students by providing them with:
- Enhanced Communication Skills
- Multi-Sensory Communication: The program equips students with tailored strategies to communicate effectively using different sensory methods, such as tactile communication, braille, and specialised assistive technologies.
- Personalised Techniques: Each student receives personalised guidance to develop communication techniques that align with their sensory needs.
- Improved Access to Education
- Adapted Learning Materials: Educational materials are adapted to support Blind and Deafblind students, incorporating tools like braille books, audio-based content, and tactile learning aids.
- Inclusive Curriculum: The curriculum is designed to be fully accessible, enabling students to engage in academic activities and reach their learning objectives without
- Enhanced Orientation and Mobility
- Navigational Skills: Students acquire vital skills to move safely and confidently within their surroundings.
- Environment Awareness: Instruction in environmental navigation helps students interact with and manage their physical spaces effectively.
Part 4 – Policy Status and Details
Document Reference: | POL00049 |
Status: | Approved |
Endorsed by: | Head of Education Strategy |
Approval Authority: | Deputy Chief Executive, Chief Operating Officer |
Approval Date: | 30 March 2026 |
Issue Date: | 30 March 2026 |
Review Date: | 30 March 2029 |
Policy Author: | Head of School |
Policy Owner: | Head of School |
Functional Unit: | Services (Education) |
Enquiries Contact: | Head of School |
School grievance policy
Purpose
NextSense is committed to fostering respectful relationships between staff, parents/guardians, families and children who attend NextSense School. This policy aims to ensure that all concerns or issues raised by these parties are addressed promptly and professionally, with every complaint and grievance treated seriously and resolved thoroughly, without unnecessary delay, and in accordance with procedural fairness.
This policy also emphasises the importance of maintaining sensitivity, confidentiality, and impartiality through the grievance resolution process, wherever appropriate and applicable.
Scope
This policy applies to all members of the NextSense School (Blind and Deafblind Program, Spoken Language Program, and Sign Bilingual Program), community, including staff, parents/guardians, families, and students. It covers any concerns or grievances relating to the school’s operations, environment, staff conduct, or interactions within the school community.
Policy
NextSense School aims to provide a high-quality service that meets individual needs of students and their families. Feedback regarding the provision of our services provides NextSense with the opportunity to refine and develop.
To this end, we will:
- Provide opportunities for consultation, evaluation and review of the service operation and delivery of the curriculums;
- Communicate the options and the procedure for making a complaint by discussing this policy with families when they enrol and publish it on the NextSense School website; and
- Handle complaints diligently and confidentially.
NextSense School offers a variety of ways to communicate and provide feedback including:
- Directly to NextSense School:
- Students can give feedback to staff at any time;
- Parents: informal interactions with staff at the beginning and end of the day;
- Parent and family meetings.
- Email to the Head of School;
- Phoning the School; or
- Text/SMS to the School mobile phone number.
- To the NextSense Feedback System:
- Contacting NextSense and speaking to Client Care on 1300 253 993 or through our Contact Form;
- Letter via post to NextSense; or
- Feedback surveys.
- All formal feedback, including complaints, suggestions, compliments, and concerns are documented according to the NextSense Feedback Policy (POL00030).
Procedure:
Raising a Concern:
- Children, parents/carers and other community members can report complaints using any of the methods described above.
- Complaints and disputes are resolved at the closest possible level to the child and family involved. Staff are encouraged to speak with their leader to develop the appropriate strategy to settle informal complaints and disputes with the child and family.
- All formal complaints are acknowledged in writing with an outline of the suggested resolution procedure and the time frame for final resolution.
- Any complaint made by a parent must be reported to management and documented according to the NextSense Feedback Policy (POL00030) within one (1) working day or Schools Incident, injury, trauma and illness policy (if it is about harm to a child or other person) within 24 hours.
Investigation Process:
- An impartial review will be conducted to gather all relevant information and all parties will have an opportunity to provide their perspective.
- The child and family are consulted and informed during the progress of the complaint.
- The child’s and family’s rights and needs are always respected during the complaints process.
- All complaints or disputes are treated confidentially.
Outcome and Resolution:
- At the end of the review a letter outlining the decision, the reason for the decision, and an explanation of further action that can be taken is provided.
- All Level 2 and 3 complaints, their solutions and outcomes are securely filed in accordance with NextSense’s data privacy policies.
- Each formal complaint will be reviewed individually to check if any improvements are needed to our policies, procedures and practices. An overview of formal complaints will also be completed at least twice per year to check if there are any systemic issues that need to be addressed.
Review:
- This policy and its implementation will be reviewed at least every three years to make sure serious incidents and complaints are investigated promptly, fairly and thoroughly
Related documents:
This policy document should be read in conjunction with:
School grievance procedure
Purpose
The purpose of this document is to outline the process for managing complaints and concerns raised by parents, carers, and external stakeholders in a timely, respectful, and constructive manner.
It aims to:
- Foster open communication and positive relationships between families, staff, external stakeholders and the school community.
- Ensure concerns are addressed fairly, consistently, and promptly.
- Provide a clear pathway for resolving issues at the appropriate level.
- Uphold the rights of all parties to be heard and treated with dignity.
- Promote a safe, inclusive, and supportive school environment.
This procedure supports the school’s commitment to continuous improvement and the wellbeing of all.
Scope
This procedure applies to all parents, carers, and external stakeholders, at the NextSense School
- Blind Low Vision Program.
- Sign Bilingual Program.
- Spoken language Program.
Procedure
We value strong partnerships with parents, carers, and external stakeholders and we are committed to working together to support every child’s learning and wellbeing. If you have a concern or complaint, we encourage you to raise it as early as possible so that we can address it respectfully and effectively.
Step 1: Raise the Issue Informally
- If you have a complaint in relation to a staff member that is deemed to be a serious nature and inappropriate to raise with the staff member progress to step 2.
- If you have a concern in relation to the lack of progress for your child (for example), start by discussing it directly with the staff member involved (e.g., your child’s class teacher regarding homework, school admin staff regarding first aid and librarian regarding a fine received for a lost book).
- Many issues can be resolved quickly through open, respectful communication.
- You may request a meeting or phone call at a mutually convenient time.
- If an interpreter is required, please contact the school office and we will arrange one.
- Parents/External Stakeholders may choose to use the NextSense Feedback Form to raise a complaint.
- Assisted Travel concerns need to be communicated with Assisted Travel. These concerns can also be shared with school administration staff and Head of School.
Step 2: Escalate to the Head of School
- If the matter is not resolved or if it is more serious in nature, contact the school office to arrange a meeting with the Head of School. This can be face to face or via Zoom.
- You may be asked to put your concerns in writing to ensure a clear understanding of the issue.
Step 3: Formal Complaint
- If your concern cannot be resolved at the school level or you believe it requires further investigation, you may make a formal complaint.
- Formal complaints can be submitted in writing to the Head of School or directly to Head of Education Strategy.
- You will receive a written response, and the matter will be handled in line with the NextSense School Grievance Policy.
- If the grievance falls within the Reportable Conduct Scheme (see Part 4) the concern should be reported directly to the Head of School and the Head of Education Strategy, who will work in consultation with the Governance, Risk and Compliance team to determine appropriate next steps.
What You Can Expect
- Your concerns will be listened to respectfully and taken seriously.
- All complaints will be handled confidentially, fairly, and as promptly as possible
- You will be kept informed about the progress and outcome of your complaint.
- Retaliation against any person making a complaint will not be tolerated.
Support for Making a Complaint
- If you need support to raise a concern (e.g. due to language, disability, or other communication needs), please let us know.
- Interpreters, Auslan support, or alternative formats can be arranged upon request.
Related documents:
This policy document should be read in conjunction with:
- NextSense Safeguarding Policy
- How Parents can raise a concern – Office of the Children’s Guardian
- NextSense Grievance PolicyNSW Registered and Accredited Individual Non-government Schools Manual – September 2023
Schools pastoral care policy
Purpose
The Schools pastoral care policy aims to provide a framework to ensure we provide students with the opportunity to succeed and grow in a learning environment that is engaging, encouraging, dynamic and purposeful. It provides a framework for NextSense School policies, programs, resources, and practices, with the purpose of supporting and enhancing the wellbeing of students and the school community.
Scope
This policy applies to NextSense School. NextSense School is committed to ensuring a learning environment that is safe, nurturing, and inclusive, one that fosters confidence, the achievement of one’s personal best, respect for self and others, minimises the impact of disruptive behaviour while actively teaching positive behaviour. The development of each student’s social emotional wellbeing is as important as academic learning and physical health when considering the prerequisites for a motivated and positive learner. Quality teaching and learning provides the framework to achieve this.
Effective learning and teaching
NextSense School’s approach to pedagogy is aligned with the Australian Professional Standards for Teachers (APST) and is communicated through the Effective Practice Matrix. This matrix reflects the shared beliefs of the School community about high-quality teaching, pastoral care and professional practice. The framework guides the actions and behaviours that shape and direct staff practice at the School such as establishing and maintaining successful partnerships. To enhance effective learning and teaching staff will:
- Develop and maintain positive relationships with high expectations for engagement and achievement.
- Encourage students to take responsibility for their own learning and behaviour.
- Develop engaging, innovative, and differentiated programs and delivery.
- Create and maintain safe, supportive, and inclusive living and learning environments.
- Align curriculum and assessment with ongoing reflection, analysis, and adaptation.
- Provide frequent opportunities for students and their parents to discuss the learning program and student behaviour and progress.
- Identify key social skills and developing plans for all students to acquire them, or make progress towards them, over time.
If students are active participants in the learning process and participate in decisions about their learning, they will be more motivated to learn and will feel valued as learners. This ensures a student’s maximum participation and success at school. Teaching and learning activities should:
- Be interesting and varied.
- Be well thought out and purposeful.
- Offer pupils a degree of choice.
- Account for students’ preferred learning styles.
- Encourage a match between aspirations and ability.
Effective teachers are sensitive to the emotional, social and intellectual needs of all students. In order to encourage good learning, teachers strive to ensure:
- An attractive, well-organised environment is maintained.
- Staff and students can easily find resources.
- Students feel proud of their classroom and can see their work on display.
- There is structure and physical boundaries in the room to help with routines.
- They have clear expectations about what the activity requires. This can be achieved through visual timetables and predictable learning routines. This reduces stress and gives students a sense of security. It also aids in their understanding.
- They are adequately resourced.
- Program activities are at the appropriate level.
- This entails an accurate assessment program.
- Students will feel successful, not frustrated.
Home-school communication
The School encourages open communication with families and also encourages parents to participate in the school program. Parents are invited to be partners in their child’s education and are welcome to participate in classroom/school activities.
The parent(s)’ responsibilities are to:
- Provide background information on their child’s abilities, interest and needs for the initial enrolment assessment.
- Inform the school as to any previous educational placement or service the child has received.
- Be an advocate for their child.
- Inform the school of any other agencies that are involved with their child
- Support their child’s involvement in the various aspects of school life—including attending Individual Plan meetings and other information days.
- Help their child complete homework.
- Assist their child with any other school requirements.
Phone calls/email contact are encouraged between school staff and families. Parents may also request a meeting with school staff who work with their child. If the school has any concern about attendance, behaviour, welfare, or curriculum issues, parents are contacted, and a meeting is arranged.
Social and emotional development
Students cover the full range of Personal Development and Health topics on social and emotional development as well as safety protective behaviours. Small class sizes ensure that teachers can develop positive knowledge relationships that examine each individual’s holistic development.
NextSense develops socially acceptable behaviour and values by helping children to:
- Develop personal values that reflect those of the wider community.
- Recognise and understand their own feelings and those of others.
- Control behaviour associated with emotions.
- Cope with negative actions and reactions.
- Display social grace and manners.
- Develop an awareness of private and public property.
- Learn to take responsibility for one’s own belongings and behaviour.
- Develop skills in decision making (by providing opportunities for personal choice across all areas of school participation).
- Value group membership and master skills required to make and maintain friendships.
- Learn to cope with frustration.
Pastoral care
School psychologist
NextSense employs Registered Psychologists to work in the school environment on a part-time basis. The Psychologist’s role includes:
- Administering assessments and report findings to the student’s team.
- Supporting teachers and students through the development of student behaviour management strategies.
- Developing and implementing programs for students who exhibit challenging behaviour.
- Providing training and information to teachers on behaviour management strategies.
- Providing advice and support to families of students.
- Acting as a counsellor for students and their families, providing support, advice, and information as required, including career and post school options.
Student leadership
Each year, the students of the graduating class are deemed to be “student leaders” for the school year. Senior students may stand for election by their senior school peers for the position of School Vice-Captain and School Captain. Student leaders are presented with a badge to this effect in a ceremony attended by the school community.
Student leaders develop a sense of maturity and responsibility by acting as role models of good behaviour to other students, acting as mentors to younger students and representing NextSense School by taking a role at school functions.
School antibullying policy
Purpose
NextSense School rejects all forms of bullying. No student, employee, parent, caregiver or community member should experience bullying within the learning or working environments of NextSense.
Scope
This policy applies to NextSense School.
Policy
School employees have a responsibility to:
- Respect and support students.
- Model and promote appropriate behaviour.
- Have knowledge of school policies relating to bullying.
- Respond in a timely manner to incidents of bullying according to the Anti-bullying plan.
- Report serious incidences of bullying using procedures outlined in the School behaviour management and discipline policy.
Teachers have a responsibility to provide curriculum and pedagogy that supports students to develop an understanding of bullying and its impact on individuals and the broader community. NextSense School rewards positive behaviours both in the playground and the classroom.
Tenets
- All students have the right to be heard and listened to.
- Class teachers deal with smaller issues in the classroom in line with class rules.
- Teachers on playground duty deal with smaller issues in the playground.
- For more serious incidents, the teacher on duty will complete a School student behaviour incident report and inform the School Coordinator or Principal, who will then manage the incident.
- Teachers have discussions with students involved and take appropriate action.
- Parents, caregivers, class teachers and possibly educational psychologists work with the student to look at underlying problems and seek solutions.
- If appropriate, the school psychologist may be involved in developing an individual plan.
- Students upset by any bullying will be supported by the school psychologist.
- Serious bullying incidents are recorded. Consequences are in line with the School behaviour management and discipline policy.
- Assaults, threats and harassment may be reported to the police by the Principal. The School critical incident response procedure may also be implemented in such incidences.
- In keeping with current requirements, NextSense School has an established relationship with the local NSW Police Youth Liaison Officer:
- Senior Constable Ethan West, Castle Hill Police Station: 02 9680 5399
Preventing bullying behaviour
Teachers may use support and resource materials from the Bullying. No Way! website to introduce concepts and expand student understanding, vocabulary and language. Teachers may also access the social skills program ‘Social Express.’ Teachers and students have access to school psychologists.
‘You’ve been caught being kind’
We participate in the ‘You’ve been caught being kind’ (YBCBK) program, which provides scaffolded activities for students to engage in a range of practical learning experiences about working together.
- YBCBK promotes the recognition and acceptance of individual differences and diversity through debriefing sessions, students reflect on their observations of the positive actions of their peers and explain their reasoning for rewarding the behaviour of others.
- Children participate by recognising, verbally acknowledging and then rewarding acts of kindness among students of all year levels.
- Students receiving award tokens write their names on the back of the tokens and place them in a container in the library.
- All tokens are collected at the end of each week. Principal’s Awards are presented at assembly. Some awards may be given to specific students chosen at the discretion of employees and others may be chosen from a group at random.
- Teachers and other adults are also involved in giving tokens and share their reasons for awarding by explaining both the positive behaviours they observed and the language they used to describe positive behaviour.
Definitions and abbreviations
| Term | Definition |
|---|---|
| Bullying | The repeated verbal, physical, social or psychological behaviour that is harmful and involves the misuse of power by an individual or group towards one or more persons. It can involve humiliation, domination, intimidation, victimisation and all forms of harassment including that based on gender, race, disability or sexual orientation. Bullying in any form or for any reason can have long term effects on those involved, including bystanders. Single incidents are not defined as bullying. |
| Cyber-bullying | Refers to bullying through information and communication technologies. |
References
POL00034 School behaviour management and discipline policy
Anti-bullying plan
PRD00036 School critical incident response procedure
FRM00021 School student behaviour incident report
School anti-bullying procedure
Purpose
To provide a clear and consistent approach to preventing, identifying, and addressing bullying by creating a safe, respectful, and inclusive environment. This document defines bullying behaviours, outlines roles and responsibilities, responses to bullying, and supporting students in developing positive relationships. It ensures the school meets its duty of care and protects the wellbeing of all students.
Scope
This procedure applies to all students, parents and Carers and staff at Nextsense School:
- Blind Low Vision Program
- Sign Bilingual Program
- Spoken Language Program
Procedure
3.1 Defining Bullying
Bullying is an ongoing and deliberate misuse of power in relationships through repeated verbal, physical and/or social behaviour that intends to cause physical, social and/or psychological harm. It can involve an individual or a group misusing their power, or perceived power, over one or more persons who feel unable to stop it from happening.
Bullying can take place in person or online (cyberbullying), via various digital platforms and devices and it can be obvious or hidden.
Single incidents and conflict or fights between equals, whether in person or online, are not defined as bullying and School Behaviour Management and Discipline procedures will be implemented.
Bullying can happen anywhere: at school, online and travelling to and from school. Bullying behaviour can be:
- verbal, e.g. name calling, teasing, abuse, putdowns, sarcasm, insults, threats
- physical,g. hitting, punching, kicking, scratching, tripping, spitting.
- social,g. ignoring, excluding, ostracising, alienating, making inappropriate gestures.
- psychological,g. spreading rumours, hiding or damaging possessions, malicious SMS and email messages, inappropriate use of communication technology/mobile devices.
3.2 Roles and Responsibilities
Refer to the Antibullying Policy POL00037.
3.3 Procedure
3.3.1 Preventing Bullying Behaviour
NextSense School uses a three-tier approach to behaviour management and preventing bullying.
Tier 1: Prevention (Whole-School Level)
Goal: Prevent bullying for all students by fostering a positive, respectful, and inclusive school culture.
Strategies include:
- Clear school-wide expectations for behaviour.
- Explicit teaching of social-emotional skills (e.g., empathy, conflict resolution).
- Anti-bullying & Behaviour Management and Discipline policies and procedures.
- Staff training as required (Staff Professional Development Plan).
- Promoting positive relationships and respect through curriculum, assemblies, circle time and interactive modelling.
- School-wide acknowledgement of positive behaviours (making good choices award and flourishing award).
- ESafety commissioner guides and resources for teachers, students and parents.
- Use of Bullying No Way prevention and education strategies in the classroom and on the playground.
Tier 2: Early Intervention (At-Risk Students or Groups)
Goal: Teachers and the Head of School are to provide additional support for students who are at risk of involvement in bullying, either as victim, bully or bully-victim.
Strategies include:
- Case Management approach with all key stakeholders.
- Small group social skills programs.
- Targeted mentoring, mediation sessions and/or counselling.
- Increased supervision in high-risk areas.
- Monitoring and check-ins with vulnerable students.
- Engagement with parents or carers.
Tier 3: Specialised Intervention (Individualised Support)
Goal: Provide intensive, individualised support for students involved in bullying behaviours or who have been significantly impacted by bullying.
Strategies include:
- Individual behaviour management plans
- One-on-one counselling
- Functional behaviour assessments (psychologist)
- Collaboration with external agencies (psychologists, social workers)
- Safety and re-entry plans for affected students (refer to Behaviour Management and Discipline procedures)
3.3.2 Daily procedure
Bullying may be reported:
- In person by a student to a teacher or via email
- By a parent via phone, email, or in person (Refer to Grievance Procedure)
- By a staff member to another teacher such as, the class teacher/diverse learning teacher, the Head of School or the Head of Education Strategy.
What can students do?
- Tell the student who is bullying to stop. Immediate intervention to ensure that the behaviour is against school values/rules and is offensive.
- Ignore them and walk away.
- Seek help. Talk about it to someone they trust.
- Report it to a member of staff, a trustworthy friend or buddy. Feel confident that an incident can be solved.
- Talk it over openly with their parents/carers – they can help make a decision.
- Do NOT retaliate with physical or verbal abuse.
- If they are experiencing bullying on the way to or from school, tell their parents/carers.
- Write/Draw a description of the event and report it to a teacher.
If it happens to someone else:
- Tell the person to stop bullying – be an ‘upstander’ not a bystander.
- Be a friend to the person being bullied.
- Encourage the person being bullied to inform a staff member.
- Seek help. You can decide to do something about it and help to protect others.
- Write/draw a description of the event and give it to a teacher.
- Talk it over with the teacher.
What can parents/carers do?
- Be aware of the signs of distress in your child, e.g. unwillingness to attend school, a pattern of illness, missing equipment, requests for extra money, damaged equipment or clothing.
- Inform the school of any cases of suspected bullying even if your child is not directly involved or affected.
- Take an active interest in your child’s social life and acquaintances.
- Assist your child to discuss any incidence of bullying with a teacher. If possible, allow your child to report and deal with the situation. Your child can gain respect and confidence through taking the initiative and dealing with the problem without direct parental involvement.
- If your child is being bullied, discourage any planned retaliation, either physical or verbal, by discussing positive strategies they can use.
- Be positive about your child’s qualities and encourage your child to be tolerant and caring.
- Be willing to attend interviews if your child is involved in an incident of bullying and work cooperatively with the school.
- Do not deal directly with the other children or their parents/caregivers but work through and with the school.
- Discuss the school’s expectations about behaviour and how best to deal with bullying. Adapted from: Friendly Schools and Families.
- If your child is on Assisted Travel, report the incidences to Assisted Travel.
Recording Incidents
All incidents of bullying will be reported on a Student Behaviour Incident form, will be recorded on Compass and the Head of School will be notified. The report will include the type of bullying, number of incidents and the action taken by staff. This information will form the basis of data collection for the review of bullying in the school by the school Leadership Team. General behaviour and bullying reports will be monitored and reviewed by the Diverse Learning Teacher.
Evidence based responses
Our school uses evidence-based methods like Restorative Justice, Bullying No Way, mediation and Responsive Classrooms to respond to bullying for both the victim and the bully.
Referral for School Counselling
Head of School will liaise with relevant stakeholders (including parents/guardian and/or allied care team) to ensure that the student is receiving support and counselling (if required). NextSense psychologists (with consent from parents/guardian) may be engaged to support the students. For high-risk cases, the Head of School will seek support and advice from the Governance Risk and Compliance Team.
Communication
The Head of School will contact parents/carers as required in a timely manner. Parents will also be called for a face-to-face case management meeting with all key stakeholders to discuss what the school can do and what the family can do to support the child. This may also include a risk management plan and/or behaviour management plan. If required, the family may be referred to appropriate community agencies or allied services for support. All communication is to be recorded in Compass.
Incidents involving assault, threats, intimidation, or harassment
Staff will report these types of incidents to the Head of School who will then report to the Governance Risk and Compliance Team. They will assess the situation where a decision will be made of the appropriate action to be taken. Reports can be referred to the Police Youth Liaison Officer Senior Constable Matthew Alderidge, Gladesville Police Station 02 9879 9699.
3.3.3 Consequences
The consequences for behaviour violations around bullying will include some form of relationship restoration or remediation that helps students understand the incident and develop pro-social behaviour.
The implementation of these procedures is supervised by the Head of School and/or the Diverse Learning Teacher and includes:
- Once identified, each student involved, will be spoken with, and all incidents of bullying will be investigated and documented.
- All students involved may be offered counselling, depending on the nature of the incident and person(s) involved.
- Parents/caregivers will be contacted and consequences implemented, consistent with our school’s behaviour management and discipline procedures.
- Consequences for students will be individually-based, and may involve:
- Social skills support.
- Reinforcement of positive behaviours.
- Class meeting.
- Support structures e.g. Daily Check in Check Out, Mentor.
- Ongoing monitoring of identified bullies and victim.
- Rewards for positive behaviour.
- Withdrawal of privileges.
- School/Community service around the school.
- Exclusion from class.
- Exclusion from playground.
- School suspension.
- Counselling support.
- Tier 2 & Tier 3 Interventions.
Related Documents
This procedure document should be read in conjunction with:
- POL00034 School Behaviour Management and Discipline Policy
- School Behaviour Management and Discipline Procedures
- POL00037 School Antibullying Policy
School behaviour management and discipline policy
Purpose
The purpose of this Policy is to ensure behaviour is effectively managed in a way that is procedurally fair, respects the rights and dignity of students when managing their behaviour. This Policy is necessary to ensure the safety and welfare of NextSense School students, teachers and staff in order to provide a learning environment conducive to each student having an opportunity to reach his/her academic and social potential.
Scope
This policy applies to NextSense Schools:
- Blind and Deafblind Program;
- Spoken Language Program; and
- Sign Bilingual Program.
Policy
Objectives
To enhance effective learning and teaching NextSense teaching staff:
- Encourage students to take responsibility for their own learning and behaviour.
- Identify and cater for the individual learning needs of students, where possible.
- Provide a positive teaching and learning environment by engaging in adequate planning and applying appropriate structures.
- Ensure that learning activities build on prior knowledge and experiences and are socially and culturally appropriate.
- Provide frequent opportunities for students and their parents to discuss the learning program and student behaviour and progress.
- Identify key social skills and develop plans for all students to acquire them or make progress towards them.
Managing Behaviour
Background
NextSense School’s paramount consideration is the safety, welfare and welbeing of students.
The school is committed to Positive Behaviour Support for all our students. Positive
Behaviour Support involves strategies to encourage positive behaviours and minimise the likelihood that students engage in maladaptive behaviours.
Effective classroom management is the key to maximising positive behaviours. Teaching and support staff develop and implement Positive Behaviour Support strategies appropriate for all students in their care. These strategies must be systematically and consistently applied with all students.
Management of student behaviour in teaching and learning creates safe and positive learning environments which:
- promote pro-social behaviour and positive social interactions between staff and students
- provide opportunities for students to learn and practise appropriate social and self – regulatory behaviours and
- encourage appropriate/logical consequences for students who display inappropriate
NextSense School provides a social context which allows students to be supported while being taught how to accept responsibility for their own behaviour. Students need opportunities to develop appropriate behaviours, self-control, and resilience through
interactions with teachers and other staff and through the curriculum. Frequent and consistent reinforcement of desired behaviours is critical to enhancing students’ understanding of responsible social behaviour.
Principles
NextSense School aims to provide a safe and orderly learning environment. This is best achieved:
- by creating an atmosphere where students are actively engaged in their learning and are provided with interesting ways to learn;
- where students feel cared for by school staff and develop a sense of belonging and connectedness to the school;
- where teachers know students well, build on their strengths and encourage them to persist with tasks until they succeed; and
- where student wellbeing and the promotion of positive behaviours are enhanced through early intervention.
- By supporting students to know, understand and use the language of emotional and social literacy.
Student behaviour is best managed in ways that promote restorative practices and are educative in nature. All decisions about managing student behaviour and implementing policy are made using the principles of procedural fairness. In short, students are more likely to behave appropriately if they are in an environment where they feel respected and capable.
The goal of successful behaviour management at NextSense is acting to meet students’
needs rather than reacting when challenging behaviours occur.
Corporal punishment is NOT permitted under any circumstances. We do not condone use of corporal punishment by other parties, including parents, under any circumstances. We also have a duty under child protection laws to report offences to the appropriate state body governing child protection authority and/or the police.
The role of staff
- All teachers and support staff share responsibility for promoting good behaviour and managing challenging behaviour positively.
- The key relationship is between the child and the class teacher. All staff work positively to develop a wide range of supportive relationships with children and each other. Seeking the help, advice and co-operation of colleagues is a positive, professional means of ensuring that behaviour support is the collective responsibility of all members of NextSense School.
- All staff need to be aware of individuals’ rights and responsibilities when dealing with behaviour. All serious incidents must be reported to The Head of School.
The classroom environment & positive behaviour
Each teacher and their class may develop their own systems of reward and praise. Positive consequences for students’ good choices and good behaviour may be in the form of verbal praise or extrinsic rewards such as stickers/merit awards.
The organisation of the classroom is fundamentally important in managing behaviour. Teaching and learning should be interesting, varied, and offer students choice. Student’s preferred learning styles should be considered. Students should feel involved in their learning. Well organised, purposeful, cooperative learning activities can improve behaviour. Expectations should be regularly enforced and be realistic but challenging. Teaching should encourage an accurate match between aspirations and ability. The teacher’s words and actions should assume that all students can achieve whatever is to be learned. Simple nonverbal encouragement (smile, thumbs up, etc) is effective. Teachers should model good behaviour patterns and be aware of their own stress control techniques. When students arrive in the classroom initial contacts should be positive.
Positive behaviour support strategies:
The following are examples of Positive Behaviour Support Strategies to be routinely practised by all staff with all students.
Communication:
- Treat all students and colleagues with
- Recognise and acknowledge positive behaviours
- Explain and actively model positive
- Avoid conflict by informing students, giving them choices and negotiating
- Inform and allow students time to prepare for
- Gain student’s attention before giving
- Use positive directions such as ‘we talk quietly’ rather than ‘stop shouting’.
- Address the behaviour, not the individual (i.e., the behaviour is ‘naughty’, not the student).
- Ignoring inappropriate behaviour is acceptable if paired with redirecting and positively reinforcing appropriate replacement behaviour (note: ignore the behaviour, not the student).
- Where inappropriate behaviour occurs, help the student to identify an appropriate replacement behaviour that is equally or more rewarding.
- Look for and promote opportunities for self-determination through choices, negotiation and expression of personal preferences during the day.
- Do not discuss student(s) with parents or other staff in the presence of the student without involving the student in the discussion.
Environment:
- Establish classroom rules for acceptable behaviours and communicate these to all students and staff. Limit the number of rules and keep them simple.
- Implement rules consistently to help students understand expectations and consequences. Limit consequences such as withdrawing a privilege to cases where the student clearly understands the link between their behaviour and the consequence, and where the consequence has been decided and communicated to the student before any inappropriate behaviour.
- Use logical or natural consequences for inappropriate behaviours, carried out consistently and immediately to facilitate students’ understanding and learning, e.g.,the student needs to complete work in their own time if they waste time during class.
- Provide a classroom environment that is positive, encouraging, stimulating, structured, supportive and consistent to enhance learning opportunities and minimize the possibility of misbehaviour.
- Ensure opportunities for students to participate in meaningful and rewarding activities through structured planning and skill development.
- Offer students opportunities to calm down and relax in a safe area or the sensory
- Ensure predictability for students through structured routines and timetables that are accessible and easily understood by the students.
- Make requirements for everyday tasks
- Maintain an orderly classroom environment where students can easily locate objects or activities they want or need, and where potentially hazardous items are out of sight and/or reach.
- Avoid excessive stimulation, boredom, sudden changes and unnecessary
Individual:
- Allow students time to learn the rules and comply with
- Be aware of what affects individual student’s arousal levels and how to calm
- Make sure all communication partners (including volunteers) are aware of the needs of each This includes any circumstances or signals that might lead to challenging behaviours.
- Allow students time to complete activities
Challenging behaviours
Some students require individualised behaviour supports. These students may express their feelings or respond to situations in ways that can be experienced as challenging. ‘Challenging behaviour’ is an expression of the student’s support needs, representin g a challenge to others to modify their behaviour to better meet the needs of the student. Challenging behaviours should be viewed in context, i.e., considering environmental factors, sensory issues, sleep disturbances, home environment, and health issues etc.
Student behaviour incident reports
Understanding why challenging behaviour occurs is the key to successful management. All staff must complete a School student behaviour incident report for every instance of challenging behaviour involving a student in their care. This includes an ABC (Antecedent- Behaviour-Consequence) analysis to define and describe behaviours that are experienced as challenging and to determine behavioural patterns, triggers and reinforcers. When an Individual behaviour support plan is developed for a student, the School student behaviour incident report will be a key tool in devising appropriate strategies.
Individual behaviour support plans
Where a student frequently engages in behaviour that is experienced as challenging, a meeting may be called to develop an Individual Behaviour Support plan for the student. The team will involve the student (where appropriate), educational staff, therapists, family, a NextSense Psychologist and the Head of School and/or member of the school leadership team. Note that Individual behaviour support plans prepared for in -school use are different from NDIS behaviour support plans which must be prepared by a registered NDIS behaviour support practitioner. NDIS behaviour support plans may be implemented in NextSense School at the discretion of the Head of School in consultation with the family and Educational Psychologist.
When using the School student behaviour incident report, the team must consider the factors that lead up to or trigger the challenging behaviour, the nature of the behaviour and the consequences of the behaviour. The team must also consider any relevant external factors or contextual information related to the student. When designing an Individual Behaviour Support plan to deal with challenging behaviours consideration must be given to modifying the student’s environment, reviewing the ways that people interact with the student, and encouraging the student to change their behaviour. The plan should also consider the individual’s physical, social and learning needs and abilities.
To achieve success, all staff must systematically and consistently apply the Individual Behaviour Support plan. If this is done, the likelihood of behaviours escalating to the point where there is a risk of injury or harm to themselves, or others will be minimised.
The following questions must be addressed before establishing an Individual Behaviour Support plan.
- Why is the behaviour experienced as challenging? (Is it merely annoying or inconvenient? Do we need to change our attitudes?)
- Does it result in injury or pose a risk to the health/safety of self or others (physical or psychological)?
- Is the behaviour a barrier to the student’s (or others’) participation in educational,
therapeutic, social or community access programs?
- Does the behaviour result in damage to property or equipment?
- How is our behaviour affecting the student’s behaviour?
- Would changes to the classroom environment fix the problem?
- Would changes to staff rostering or classroom routine fix the problem?
- Does the student understand their communication partner accurately?
- Has the student’s intention been misunderstood?
- Was the student adequately informed?
- Can the student predict what is going to happen during the activity?
- Is the behaviour a reaction to an internal state?
- Is the behaviour a reaction to the immediate environment?
- Are there possible physical or medical causes for the behaviour?
- Are classroom management strategies still relevant and appropriate?
- Are classroom management strategies and educational/therapeutic programs being correctly and consistently implemented by all staff?
Support strategies in an Individual Behaviour Support plan should be multi-faceted, including:
- Modifying the student’s environment to better meet their
- Reviewing how communication partners interact with the student and encouraging the student to change their behaviour (including teaching new skills).
- Strategies should be respectful of the students’ rights, age, cognitive/developmental
level, emotional needs and life experience.
- Strategies employed in a Behaviour Support Plan must be non -aversive and minimally intrusive and invasive.
Issues to consider when challenging behaviour occurs
Strategies for responding to instances of challenging behaviour:
- Remain calm; remind yourself that the student is distressed, and it is your job to help him/her.
- Simplify or modify your language and use additional communication
- If appropriate, address the cause of the student’s distress and/or help them to get away from the stressful situation.
- Assist the student in calming down and provide
- Provide adequate physical space (where appropriate) between you and the student so that they do not feel crowded/threatened
- Acknowledge what they are
- Create a distraction or diversion to re-focus the student’s
- Redirect the student to an alternative
- Remind them of the
- Tell them what behaviour is
- Model the desired behaviour
- Give positive reinforcement to students who are modelling desired
- Refer to the student’s Individual Behaviour Support
Restraint and aversive responses
Corporal punishment is not allowed under any circumstances.
Restraint as a routine behaviour management strategy is strictly forbidden.
Where behaviour is considered challenging, and it is of such intensity, frequency or duration that it threatens the quality of life and/or the safety of the individual or others, the provision of additional safeguards may be recommended.
Restricted practices can only be used if listed in a behaviour support/management plan and may only be considered after a range of less restrictive options has been tried. Using restricted practices as punishment or for reasons of convenience is prohibited. Using a restricted practice is applied with the NDIS Commission Regulated restrictive practices as a guide.
If the behaviour escalates:
If the above strategies do not limit the behaviour and it escalates, you may need to:
- Assess the risks to the student, yourself and others (note: the priority is to protect people, not property).
- If necessary, remove yourself and others to a safe location, or gently guide the student if they need to be moved for safety to a different area.
- If, for safety, there is no alternative but to leave the student alone, he or she must be kept under supervision from a safe distance.
- If safe to do so, remove any potential hazards or weapons from the immediate
- Calm the student down by talking firmly but
- Redirect or deflect any unacceptable behaviours/actions.
- Call for assistance (phone, personal alarm, call out loudly).
- If you are feeling angry or upset, and feel in need of a break, ensure the student’s safety then walk away from the situation rather than responding in anger – ask a colleague to take over from you.
- If you are a bystander to a challenging situation, offer assistance, but do not intervene without being asked unless the situation is potentially dangerous.
After the behavioural incident is over:
If you are injured or upset, take time out to calm down and debrief (educational staff, School Leads or Head of School). If a student, volunteer or visitor is injured, take them to the school office or call a senior first aid person to come and treat their injury.
- Report the incident on the Individual student behaviour record and complete a Client incident form and/or Employee incident form. Do this even if there is no actual injury. Reporting ‘near-misses’ helps identify trends in student behaviour, which can be used to identify the need to modify behaviour support strategies.
- Discuss any needs for medical/counselling assistance with the Head of School. Consult with team members to review and, if necessary, modify classroom management strategies and/or the Individual Behaviour Support plan.
Discipline
Even with Positive Behaviour Support there may be extreme cases of behaviour that is potentially threatening or harmful. In these cases, the Head of School may use disciplinary action, including suspension and expulsion. The Head of School, in consultation with the Head of Education Strategy will make a decision regarding the outcome of the investigation into the student alleged conduct. The principles of procedural fairness will be offered to the student.
The Principles of Procedural Fairness
The person who is the subject of an allegation has the right to:
- be informed of the allegation and other relevant information that may be taken into account as part of the investigation process.;
- be informed of the investigation and discipline process;
- given an opportunity to respond to the allegations before a decision is made; and
- know how to request a review of the
The student also has the ‘right to an unbiased decision’ which includes:
- unprejudiced investigation and decision -making; and
- an unbiased decision-
Discipline principles:
- Students must follow the school rules and the directions of teachers and other people with authority delegated by the school.
- Where a student disregards rules, disobeys instructions, causes or may cause harm tothe school, staff members or other students, the student may be disciplined.
- The disciplinary procedures used by the school vary according to the seriousness of the alleged offence. Where the allegation, if proved, may result in suspension or expulsion, the student and parents will be informed of the allegations and procedure for dealing with the matter. and the School will follow the principles of procedural fairness as outlined above.
- Where a matter will be investigated, students will be informed of the allegation and given an opportunity to respond to it.
- The discipline varies according to the behaviour and the record of the At the lower end of the scale, a caution or detention may be appropriate. Suspension or expulsion are at the upper end of the scale
- The school prohibits the use of corporal punishment to discipline The school does not explicitly or implicitly, sanction the administering of corporal punishment by non-school persons, including parents, to enforce discipline at the school.
- Where the behaviour may result in suspension or expulsion, the student and parent/s will be:
- informed of the alleged infringement;
- informed who will make the decision on the penalty;
- informed of the procedures to be followed which will include an opportunity to have a parent /guardian or advocate present when responding to the allegations; and
- given a right of review of
- The Head of School in consultation with the Head of Education Strategy will reach a preliminary decision about any proposed penalty and advise the student (and parent/s) of the decision.
- The student (and parent/s) will be advised that they can have the preliminary decision reviewed by applying to the Head of School and submitting any information to be considered during the review process.
- The Head of School and the Director of Services, in consultation with the Chief Executive, will make the final decision about suspension or expulsion.
Definitions
Suspension | Temporarily removing a student from all their normal classes |
Expulsion | Permanently removing a student from the school |
Exclusion | Preventing a student’s enrolment at another school, where an exclusion policy or agreement exists between schools. |
Related Documents
This policy document should be read in conjunction with:
- FRM00021 School student behaviour incident report
- FRM00018 Client incident form
- FRM00019 Employee incident form
- NextSense Act 1998 (NSW)
- Privacy Act 1998 (Cth)
- Anti-Discrimination Act 1977 (NSW)
- National Standards for Disability Services (NSDS)
School behaviour management and discipline procedure
Purpose
To provide clear, consistent and supportive guidelines for managing student behaviour and suspension and expulsion that promote a safe and supportive learning environment, which optimises student learning and wellbeing.
Scope
This procedure applies to all students, parents and Carers and staff at Nextsense School:
- Blind Low Vision Program
- Sign Bilingual Program
- Spoken Language Program
Procedure
3.1 Principles
- Relationships within our school community should be respectful, fair, and uphold the dignity, rights, and freedoms of every individual.
- Procedural fairness is mandatory, and this includes the right to be heard, unbiased decision-making, timely investigations, and no conflicts of interest
NextSense School provides a learning environment which is inclusive, safe and free from bullying, harassment, intimidation and victimisation.
- Students are required to comply with the rules and expectations set out in the Student Code of Conduct.
- Suspension and expulsion are regarded as serious consequences that may be applied to support the safety and wellbeing of students and staff.
- Corporal punishment is strictly prohibited.
3.2 Roles and Responsibilities
The Head of School has a responsibility to:
- Ensure a safe, supportive and secure learning environment for students and staff.
- Develop, monitor and review school-based processes and procedures.
- Provide staff training in behaviour support, as relevant and required.
- Ensure that students receive instruction on the school’s behavioural expectations, processes and procedures for supporting positive behaviour.
- The Head of School/delegates oversee disciplinary processes, ensure fairness and manage reporting and documentation
Teachers have a responsibility to:
- Implement the School Behaviour Management and Discipline Policy and Procedure documents.
- Respect and provide students with opportunities to be heard.
- Communicate with parents about a student’s behaviour or observations.
- Support students to learn positive behaviours and wellbeing strategies.
- Model respectful conduct, report concerns under safeguarding obligations.
Support Staff have a responsibility to:
- Implement the School Behaviour Management and Discipline Policy and Procedure documents.
- Model respectful conduct and report concerns under safeguarding obligations.
- Respect and provide students with opportunities to be heard.
- Support students in intervention programs to learn positive behaviours and wellbeing strategies.
- Report behavioural issues to the student’s teacher.
Students and parents have a responsibility to:
- Follow the behavioural expectations stated in the Students’ Code of Conduct and the Parent Handbook.
- Show respect for teachers, fellow students, parents/carers, staff and school visitors, and not engage in any form of harassment, victimisation or intimidation.
- Report incidents of inappropriate/challenging/or at-risk behaviour to teachers or Head of School.
- Seek help and support when required and not approach another parent or student regarding a student’s behaviour.
3.3 Behaviour Management Procedure
The following procedure is in place to support student safety and wellbeing, manage serious behaviour incidents, and ensure fair and consistent responses in line with the School Behaviour Management and Discipline Policy.
- Tailored Response:
Any response to student behaviour will be determined based on the nature of the behaviour, the student’s level of understanding, and the potential risk to themselves or others. - Addressing Harmful Behaviour:
If a student displays behaviour that poses harm to themselves, others, or property, the school will respond in line with the Behaviour Management and Discipline Policy. The focus will be on understanding the function and triggers of the behaviour and helping the student learn safer, more appropriate ways to engage and participate. If required, social stories, mediation sessions and/or an Individual Behaviour Management plan will be created in collaboration with the class teacher, Diverse Learning Teacher, parents and allied services (as appropriate). If required, the student and Head of School will also join this meeting. A student behaviour incident report must be completed at this time and shared with Head of School. - Short-Term Safety Measures:
In situations involving significant incidents of harm or injury to staff, peers, or self, the Head of School may determine that the student remains at home while further supports and adjustments are put in place to ensure the safety of all involved. This may include gathering additional information from external professionals and implementing further risk management plan strategies. This does not constitute a suspension as defined in Part 4. The student is marked absent with Head of School approval. This is to be entered into a Compass Chronicle and Head of Education Strategy, Governance Risk and Compliance Team, Deputy Chief Executive Officer and Chief Executive are notified and consulted.
A re-entry meeting must occur with the student, parents/carers, Head of School and Diverse Learning Teacher prior to the student returning to school. During this meeting a school plan and risk management plan must be developed and agreed upon by the school, student and parents/carers.
A review date is set at the end of the meeting for all key stakeholders.
Information Gathering and Review
Where necessary, investigators and decision makers are separate to avoid conflicts of interest and an unfair or biased decision.
Suspension Consideration
A suspension is temporarily removing a student from all their normal classes.
A suspension may be appropriate for:
- Physical violence where a student, staff member or NextSense employee is injured.
- Credible threats.
- Possession of a prohibited weapon.
- Illegal substances.
- Bullying or harassment including digital.
- Not following through with behaviour management plan.
- The wellbeing of the school community.
- Serious breaches of the school rules.
Documentation and Support Review
If the behaviour presents a serious and ongoing risk, and after all reasonable in-school supports have been explored and documented, the Head of School may consider suspension. Suspension must be in consultation with Head of Education Strategy, Governance Risk and Compliance Team, Chief Operating Officer/Deputy Chief Executive Officer and Chief Executive. Suspension maybe internal (on school site) or external (off school site).
Communication to Parents/Carers
The Head of School will notify parents/carers by phone or in a face-to-face meeting of the decision and follow up with written notification on the day of the phone call or face-to-face meeting with parents/carers.
A student suspension is for up to a maximum of 5 school days. This may be increased if extra time is required for necessary adjustments to take place, however it cannot exceed more than 10 days and all relevant stakeholders to be informed. Students are to receive learning tasks to complete at home from the classroom teacher.
Review
During a student’s suspension, all key stakeholders including therapists (as appropriate) will plan and implement supports to mitigate the risks to health, safety, learning and wellbeing posed by the student’s behaviour and plan for the re-entry of the student.
Re-Entry Meeting
A re-entry meeting must occur with student, parents/carers, Head of School and Diverse Learning Teacher prior to the student returning to school. During this meeting a school plan and risk management plan must be developed and agreed upon by the school, student and parents/carers.
The student is to receive wellbeing support on the first day back to ensure a smooth and positive re-entry.
A review date must also be set for all key stakeholders.
Documentation
All documentation must be stored in a Compass chronicle.
- Expulsion Consideration
Expulsion is the most serious disciplinary consequence and is only considered after all behaviour support strategies and interventions have been exhausted, or in cases of extreme misconduct that poses significant risk to the safety and wellbeing of others.
All documentation of incidences, interventions and support measures must be reviewed by the Head of Education Strategy and the Chief Operating Officer/Deputy Chief Executive Officer and reported to the Chief Executive for final approval.
- Documentation and Support Review
- The Head of School, Head of Education Strategy, and Governance, Risk and Compliance will review all incidents and interventions highlighting that reasonable adjustments have been made and that a staged behaviour response has been followed. A decision is made and shared with the Chief Operating Officer/Deputy Chief Executive Officer and Chief Executive for approval.
- Communication with Families
- Parents/carers will be informed of the outcome/s face to face and in writing within 24hrs, outlining the serious concerns, evidence, the effective dates and appeal rights.
- Expulsion to be finalised within 15 school days of the written notice to parents/carers.
- Right to Appeal
- Parents/carers may appeal the decision to the Chief Executive of NextSense within 10 days.
- If the student or parents/carer have lodged an appeal, the Chief Executive will consider the recommendations and the reasons provided by the student or parents/carer for not following the recommendation and will decide whether to accept the recommendation of the Head of School. The Chief Executive will then advise the student and parents/carer of the decision.
- If no appeal is made within 10 days, the decision by the Head of School is final.
- Transition Planning
- A transition plan must be developed in collaboration with the family and any support services engaged with the family.
- The receiving school or setting must be supported to implement relevant adjustments and provide continuity of learning and wellbeing support.
- Documentation
- All documentation must be stored in a Compass chronicle.
Tenets
- All students have the right to be heard and listened to.
- Class teachers deal with smaller issues in the classroom in line with class rules.
- Teachers on playground duty deal with smaller issues in the playground.
- For more serious incidents, the teacher on duty will complete a School student behaviour incident report and inform the School Coordinator or Principal, who will then manage the incident.
- Teachers have discussions with students involved and take appropriate action.
- Parents, caregivers, class teachers and possibly educational psychologists work with the student to look at underlying problems and seek solutions.
- If appropriate, the school psychologist may be involved in developing an individual plan.
- Students upset by any bullying will be supported by the school psychologist.
- Serious bullying incidents are recorded. Consequences are in line with the School behaviour management and discipline policy.
- Assaults, threats and harassment may be reported to the police by the Principal. The School critical incident response procedure may also be implemented in such incidences.
- In keeping with current requirements, NextSense School has an established relationship with the local NSW Police Youth Liaison Officer:
- Senior Constable Ethan West, Castle Hill Police Station: 02 9680 5399
Preventing bullying behaviour
Teachers may use support and resource materials from the Bullying. No Way! website to introduce concepts and expand student understanding, vocabulary and language. Teachers may also access the social skills program ‘Social Express.’ Teachers and students have access to school psychologists.
Definitions
Suspension | Temporarily removing a student from all their normal classes |
Expulsion | Permanently removing a student from the school |
References
This procedure document should be read in conjunction with:
- POL00034 School Behaviour Management and Discipline Policy
NextSense Code of Conduct Policy
Policy Summary – Key Points
- This NextSense Code of Conduct Policy (“Code”) applies to all Staff and third parties’ engaged by NextSense who conduct work on our behalf. Its aim is to clearly establish the expected standards of behaviour for all people employed or engaged by
- You are expected to adhere to all responsibilities and obligations listed within this document and associated policies and procedures of NextSense.
- NextSense may take appropriate disciplinary action against you if you fail to comply with this Code or engage in conduct that is inconsistent with this Code or a breach of applicable legislation. This may include immediate termination of employment or cessation of engagement depending on the severity of the breach.
- It is a requirement that all Staff make themselves aware of reporting obligations contained in this Code, the NextSense Mandatory Reporting Procedures PRD00001 and, where applicable, the NextSense Safeguarding Policy POL00001 and its related
- While employed or engaged by NextSense, the matters covered in this Code including any obligations expectations with respect to the expected standards of behaviour and reporting obligations apply to all Staff in the workplace and, in some instances, continue to apply to Staff outside of their place of work.
Document Reference: | POL00104 |
Status: | Approved |
Issue Date: | 2 December 2025 |
Policy Owner: | Director of People and Governance |
Functional Unit: | People and Culture |
This Code is designed to ensure that NextSense operates at the highest standards, complies with applicable laws, regulations and professional standards, while maintaining a clear, unified understanding of what is expected from everyone within the organisation.
Each Staff member is responsible for upholding this Code, acting with integrity and inspiring others to do the same. By adhering to this Code, we aim to foster an inclusive, safe, productive, professional, and enjoyable workplace for our Staff, Clients and the community. We hold our Code in the highest regard as it reflects our core purpose and values. Failure to comply with this Code may result in disciplinary actions, which could include counselling, warnings, or termination of employment or engagement.
This Code is compliant with all applicable legislative obligations and is not intended to be contractual in nature or create any contractual obligations on NextSense. NextSense reserves the right, at its sole discretion, to amend, replace or discontinue this Code at any time.
Our Values
At NextSense, we embrace and operate under six core values:
- Integrity: we make sure our words and actions align. Whether we’re working with each other or our clients we’re authentic—we say what we mean and we deliver on the commitments we make.
- Empowerment: we each own our roles and responsibilities, making us This means we can create our own success and help others create theirs.
- Community: we connect and collaborate. We know that we’re better and stronger together, so we invest in relationships—within and outside our As a leader we recognise that lasting change means harnessing the power of many.
- Respect: we all matter and have different strengths. We have a diverse range of experiences that we respect and celebrate. Our differences make us strong.
- Courage: we look and go beyond fear. We got to where we are today because we challenged ourselves, and the status When we’re bold enough to speak up, try new things, and learn from our mistakes we can lift the limits on what’s possible.
- Communication: we share and communicate with We know that words matter. Whether the issue is big or small, we strive to talk about it in a respectful, empathetic way.
Incredible Colleagues Capabilities
At NextSense, we strive to be Incredible Colleagues. This means we support NextSense and are led by our values. We develop real and respectful relationships and deliver to a high standard. We support change, grow our skillset and contribute to NextSense success. We love making a difference to our clients, families and students.
2.1. To whom does this Code apply?
2.2.1 This Code applies to all employees, affiliates and volunteers of NextSense. This Code is also applicable to contractors and consultants. Reference to Staff in this Code is intended to cover all people who fall within the definition of Staff, as set out in Part 4 of this document.
2.2.When does the Code apply?
2.2.1 Examples of where this Code applies includes:
- In the office, any other work site and includes when working
- When working offsite, including at a client’s home, another centre or
- Outside of work hours when there is a sufficient connection to the workplace or your role.
- When using any digital resources provided by NextSense or where reasonably connected to NextSense or your role (including your phone, laptop, messaging channels, etc).
- During work-related events, including conferences, training and social events, regardless of time or location.
- During overnight stays away from the workplace for work or work-related
- Or any other setting that is reasonably connected with your work with
2.2.2 While this Code sets out the standards of conduct and behaviour expected by us, it is not exhaustive and may not address every possible situation that could arise in the workplace. Nothing in this Code should be taken to limit the circumstances in respect of which NextSense may take disciplinary or other appropriate action in respect of a person employed or engaged by NextSense. This Code complements, but doesn’t replace, the importance of common sense and responsible behaviour.
Part 3 – Policy
3.1 Responsibilities and Obligations All Staff
All Staff
3.1.1 All Staff are expected to:
- Comply with this Code and adhere to all NextSense policies and
- Comply with all reasonable instructions given by their Manager and/or someone with the relevant authority at NextSense.
- Be respectful towards others, including respecting cultural, ethnic and religious Rude or disrespectful behaviour, including verbal or non-verbal aggression, abusive, threatening or derogatory language and physical abuse or intimidation towards others is unacceptable.
- Dress appropriately, professionally and in a manner that maintains respect and upholds the good reputation of NextSense and is appropriate for child- related work.
- Behave in a courteous, cooperative, appropriate, responsive and respectful manner while being sensitive to Staff and clients regarding access, culture, race, religion, sexuality, and beliefs.
- Respect physical boundaries with colleagues, clients, children and
- Not seek to influence any person in order to obtain personal or other
- Ensure any complaints and/or allegations relating to inappropriate or unprofessional conduct are made in good faith and are not vexatious or malicious or designed to impede legitimate management action.
- Actively assist in managing workplace conflict that personally affects them or Staff under their supervision to create positive and constructive outcomes. This includes cooperating with the resolution process and abiding by any agreement, decision or reasonable directive resulting from the resolution
- Not engage in any activity likely to cause accident or injury, or that might otherwise endanger clients, children, students, vulnerable people, visitors, or other members of Staff.
- Respect NextSense intellectual property. Anything developed or created during the course of a Staff member’s employment or engaged with NextSense, either alone, or in collaboration with others, remains the intellectual property of Staff must also ensure that they comply with copyright legislation and regulations.
- When representing NextSense at events or activities, comply with venue and/or organiser rules and expectations and not engage in any conduct, intentionally, or recklessly, that may have an impact on NextSense’s
- Be aware that if their conduct has the potential to damage the reputation of NextSense, even if it is in a private capacity, this could lead to disciplinary action, which may include termination of employment.
Managers
3.1.2 In addition to the above responsibilities, all Managers are expected to:
- Encourage a collaborative, collegial and supportive
- Ensure the workplace is safe, free from discrimination and
- Demonstrate fairness and equity in their relationships and decision
- Ensure they consult with and involve Staff in appropriate decision-
- Provide support and feedback to Staff, as
- Establish systems within their area of responsibility which support effective
- Exercise leadership by working with Staff to ensure that compliance with agreed expected competencies across all areas takes place by themselves and their Staff.
- Inform Staff of this Code and all relevant policies and make the documents available to them.
- Take appropriate action if a breach of the Code is found to have
- Comply with the reporting requirements and delegations in accordance with the NextSense Safeguarding Policy POL00001 and related Procedures, including ensuring compliance with the Mandatory Reporting Procedures.
3.2 Integrity, Productivity and Performance
3.2.1 Staff must:
- Maintain a high standard and quality of
- Not plagiarise the work of
- Ensure they carry out their duties in a professional, competent, conscientious and honest manner and that the standard of work reflects favourably upon
- Treat all other members of Staff, in a harmonious and productive manner, promoting a collaborative and responsive teamwork approach.
- Not take or seek to take improper advantage of any information gained in the course of employment.
- Maintain and develop knowledge and understanding of their area of expertise and responsibility.
- Maintain adequate documentation to support any professional decision
- Continuously seek to improve work performance and bring about improvements in the workplace.
- Only provide advice and services where they are qualified by training and/or experience and authorised to do so based on their role at NextSense.
- Not allow personal political views/affiliations or other personal interests to influence the performance of duties or exercise of responsibilities.
- Provide proper notification and reason for absence to their Manager when they are meant to be on duty.
- Acknowledge the genuine contributions that others
- Express constructive feedback
- Ensure that all applicable licenses, clearances and accreditation are up to date in accordance with the applicable legislation.
3.3 Workplace Health and Safety
3.3.1 Staff must:
- Fulfil their obligations under the applicable Work, Health and Safety legislation to ensure they maintain a healthy and safe workplace for themselves, other Staff, children, students, vulnerable people, clients and visitors, both physically and psychologically.
- Comply with all obligations outlined in the NextSense Workplace Health and Safety Policy.
- Immediately report any injury, incident, hazard or near miss to their Manager and to the WHS Inbox.
- Not harass, bully or discriminate against Staff, children, clients, students or members of the public. Staff must ensure that their dealings with all others are non-discriminatory, respectful, consistent, timely, and equitable. Staff must be aware that bullying, discrimination or harassment of another Staff member, including physical, verbal and cyber bullying or sexual harassment will not be tolerated and may be sufficient cause for termination of
3.4 Duty of Care
3.4.1 Staff, students, children and clients have the right to dignity and respect and to live free from abuse, neglect, violence, and exploitation.
3.4.2 Staff have a legal and moral obligation to take reasonable care for their own safety and the safety of students, children, clients and others whom they come into contact as part of their employment.
3.4.3 The duty of care is a non-delegable duty (meaning it cannot be assigned to another party) to take reasonable measures to protect students, children and clients against risks of injury which reasonably could have been foreseen.
3.4.4 These obligations will arise from the specific role and responsibilities of the member of Staff and may include the following:
- Providing adequate
- Providing suitable and safe
- Implementing strategies to prevent reasonably foreseeable injuries whether physical or psychological, to students, children and clients.
- Undertaking risk assessments for activities and
- Ensuring that service sites, schools and the organisation complies with the National and applicable State Child Safe Standards and all relevant child protection legislation and regulations.
- Delivering services in a way that maintains the rights, standards and principles underpinning the National Disability Insurance Scheme (NDIS).
- Taking steps to raise and act on concerns about matters that may impact the quality and safety of supports and services provided to people with disability in accordance with NDIS standards.
- Taking other reasonable precautions to minimise the risk of child abuse by an individual associated with NextSense.
- Ensuring that appropriate medical assistance is provided to a sick or injured student, child or client.
- Managing Staff recruitment and engagement, conduct and
3.4.5 The standard of care that is required needs to take into consideration various factors such as the student, child or client’s maturity and ability. Failure to exercise appropriate duty of care to a student, child or client that results in actual harm or has the potential to cause significant harm may constitute misconduct, negligence, neglect and/or breach of this Code.
3.5 Appropriate Professional Relationships and Boundaries
3.5.1 Staff must not engage in high-risk behaviours that breach professional boundaries or may give rise to a reasonable perception of breach of professional boundaries.
3.5.2 Personal Relationships between Staff and Children
- Staff must not behave in a way that could reasonably be construed as involving an inappropriate or overly personal relationship with or focus on a
- Extreme care must be taken in any relationship between a member of Staff and a former client or student of NextSense, including one who is over 18 years of age. Relationships developed with a child during the course of their schooling or engagement with NextSense and pursued after the child has left the school or ceased interaction with NextSense could also be subject to criminal prosecution and may be in breach of this Code.
- Where a member of Staff has a personal relationship with a student or a child who is a client (such as a family relationship or friendships that involve the member of Staff and a child), that may appear to be questionable or inappropriate or may appear to be in breach of any law, this Code or other applicable policy, the member of Staff must report such relationship to the relevant member of the Senior Leadership Team and any potential or perceived conflict must be managed carefully.
3.5.3 Personal Relationships Between Staff and Clients
- Consistent with the NDIS Code of Conduct, when delivering services to clients, whether captured under the NDIS or not, Staff are expected to adhere to the highest standards of behaviour, be respectful and take every action to make sure people with disability are safe.
- Under no circumstances must Staff commit Sexual Misconduct or engage in an inappropriate relationship with people with disability or other clients they support. Such relationships may trigger mandatory reporting obligations pursuant to the NextSense Mandatory Reporting Procedures, including to the NDIS Commission and to the relevant State or Territory police and other statutory bodies. It may also result in serious disciplinary action, which may include termination of employment or cessation of engagement with
- Where a member of Staff has a personal relationship with a client (such as a family relationship or friendship) that may appear to be questionable or inappropriate or may appear to be in breach of any law or regulatory documents, this Code or any other policy, the member of Staff must report such relationship to the relevant member of the Senior Leadership Team and any potential or perceived conflict must be managed carefully.
3.5.4Social Media and Activities
- Staff must comply at all times with the obligations outlined in the NextSense Social Media Policy
- Staff must not invite a child or student they come into contact with as part of their work, to join their personal social media platforms and/or accept a child or student’s invitation to join theirs.
- Staff must not engage in any form of communication with children, students or clients on their personal email accounts or social media platforms.
- Staff must not persuade children, students or clients that they have a special relationship by spending inappropriate time with them, giving gifts, inappropriately allowing clients, children or students to overstep the rules or workplace protocols, or asking the client, child or student to keep their relationship a secret.
- Staff must not take or share photographs/videos/recordings of students, children or clients, without an appropriate professional reason. Use of student, child or client photographs are strictly prohibited other than for approved Retention of student, child or client photographs or films on a personal device after the images have been uploaded onto the appropriate NextSense server may constitute a breach of this Code.
- Staff must not attend parties or socialise with clients, children or students or invite a client or a student to their home or another location or attend a client, child or student’s home without an appropriate professional reason.
- It is acknowledged that in some instances, a Staff member may be a close family friend or family member of a client, child or student. Where this is the case, a Staff member may be exempt from some (for example, social activities), but not all, of the above Given this, the Staff member should formally disclose the nature of such relationships to their Manager.
3.5.5 Transporting students, children, clients and other NextSense Stakeholders
- Staff must not transport a student, or a client who is a child, in a vehicle, except in the case of a prior existing personal relationship where permission has been granted by the parents or carers and with the knowledge of the
- Staff must not transport a client who is an adult, in a vehicle, in the course of employment, unless it is approved for work related purposes.
- Staff must not transport any stakeholder of NextSense (such as a donor), in a vehicle, in the course of employment, unless it is approved for work related
3.5.6 Physical Contact with Children and Navigating Challenging Child Behaviours
- Staff must not use corporal punishment in any circumstances or implement behaviour management strategies that are demeaning and/or not age appropriate for children or students.
- Staff must not intentionally or recklessly engage in inappropriate physical contact with children and students, or act in a way that may cause the child or the student to reasonably fear that unjustified force will be used against
- Staff must not physically enter a student, child or client’s personal space/boundaries without an appropriate professional reason.
- Examples of inappropriate physical contact or force include:
- Threatening to physically harm a child/ren or student/s
- Throwing an object to gain the child or student’s attention
- Engaging in a hostile or an inappropriate physical manner towards or in the presence of a child/ren or student/s
- Hitting, striking, kicking, punching or dragging a child or a student
- Restraining a child or a student (unless it is part of an approved behaviour management strategy for the child/student)
- Staff must not correct or discipline a child or a student in excess of what is reasonable and appropriate with consideration of all factors. Discipline is considered excessive and inappropriate if it is a disproportionate response to a child or student’s behaviour. Use of inappropriate forms of behaviour management towards a child or a student may constitute ill-treatment of a child or behaviour that causes emotional or psychological harm to a child, which may be considered as being in breach of child protection legislation, this Code and the NextSense Safeguarding Policy
- It is acknowledged that conduct that is reasonably necessary to restrain a child or student from injuring others or themselves may be considered appropriate physical contact with consideration of all factors.
3.6 Sexual Misconduct and crossing of professional boundaries
3.6.1 Staff must not commit or engage in any actions that would constitute a sexual offence towards another person, including but not limited to children, students, clients, Staff and visitors.
3.6.2 Staff must not make personal comments or addressing children or students in an overly familiar way (for example, using pet names).
3.6.3 Staff must not develop or allow to develop a relationship with any child, student or client which could be interpreted as being personal rather than professional.
3.6.4 Staff must take extreme caution to not inappropriately extend a relationship outside of work.
3.6.5 Sexual Misconduct and crossing of professional boundaries
- Staff must not behave in a way that could reasonably be construed as involving an inappropriate or overly personal relationship with or focus on a
- Staff must not commit a sexual offence. This includes all criminal offences involving a sexual element that is committed against, with or in the presence of a child, regardless of consent.
- Under no circumstances will a sexual relationship between a member of Staff or anyone else within scope of this Code and a child be tolerated. Such relationships may be subject to criminal prosecution under applicable State or Territory legislation. It may also result in mandatory notification to other statutory bodies consistent with the NextSense Safeguarding Policy POL00001 and the Mandatory Reporting Procedures Such conduct may result in serious disciplinary action, which may include termination of employment or cessation of engagement with NextSense.
- Under no circumstances must Staff or anyone else within scope of this Code commit Sexual Misconduct or engage in an inappropriate relationship with people with disability or other clients they support. Such relationships may trigger mandatory reporting obligations pursuant to the NextSense Mandatory Reporting Procedures, including to the NDIS Commission and to the relevant State or Territory police and other statutory bodies. It may also result in serious disciplinary action, which may include termination of employment or cessation of engagement with NextSense.
- Sexual Misconduct towards clients, children and/or students include, but are not limited to:
- Testing boundaries, for example by undressing in front of students, children or clients, encouraging inappropriate physical contact (even where it is not overtly sexual), talking about sex (other than in an appropriate approved context including educational or for client support or family planning needs) or ‘accidental’ intimate touching.
- Exploring sexual, intimate or other personal feelings with a client, child or student.
- Providing or permitting children, clients or students access to pornography or explicit material.
- Inappropriate conversations of a sexual or overtly personal
- Making sexually explicit comments or engaging in other sexually overt or implied behaviour towards or in the presence of children, clients or
- Using sexual innuendo or inappropriate language or material with clients, children or students.
- Unwarranted and inappropriate
- Watching clients, children or students undress in circumstances where supervision is not required.
- Exposure of clients, children or students to sexual behaviour of others.
3.6.6 Respect at Work
- All Staff must comply with the NextSense Respectful Workplace PolicyPOL00055.
- Staff must not enable, permit or subject others to a hostile work
- Sexual or Sex-based harassment in connection with work is strictly prohibited. Engagement in such behaviour may result in disciplinary action, which may include termination of employment or cessation of engagement with NextSense.
3.6.7 Hate Speech
- Staff and Responsible Persons must not engage in conduct that is an offence under section 93ZAA of the Crimes Act 1900 (NSW). Hate speech of any kind will not be tolerated by NextSense.
- NextSense may take disciplinary or other appropriate action against a staff member or a Responsible Person if they are found to have engaged in hate speech as defined by the Act whether or not the staff member or Responsible Person has been charged or convicted.
3.6.8Anti-discrimination
- NextSense is committed to fostering an inclusive, respectful, and equitable environment for all.
- Discrimination of any kind, whether based on race, ethnicity, gender, sex, sexual orientation, religion, age, disability, or any other characteristic, will not be tolerated.
- Any form of discriminatory language, behaviour, or actions that create an unwelcoming or hostile environment is strictly prohibited.
- Every individual has the right to work, learn, and engage in an environment free from prejudice, harassment, and discrimination. Staff are expected to treat each other and our clients, students and visitors with dignity and
- Everyone must report and address any discrimination they witness or experience, and NextSense will take appropriate steps to address concerns and ensure a safe environment for everyone.
3.7 Use of Drugs, Alcohol and Other Illicit Substances
3.7.1 Illicit substances and prohibited drugs
- Staff must not attend work, commence or return to work, while under the influence of alcohol and/or drugs.
- Staff must refrain from carrying out their duties under the influence of any illegal substance, or any drug which impairs work performance or poses a safety risk to themselves or others.
- Staff must not manufacture, possess, distribute, sell, purchase, use or consume illegal drugs in the workplace. Such conduct constitutes serious misconduct and may result in summary termination of employment or cessation of engagement with NextSense. It may also constitute a criminal offence, in which case, NextSense may notify the police or other government
3.7.2 Smoking and Vaping
- Smoking or vaping is not permitted at any of NextSense
- Staff members who smoke or vape, must use designated smoking or vaping areas outside of NextSense workplaces and be mindful of complying with any smoking area restrictions.
- Smoking or vaping during work related activities (for example during meetings, including online meetings) is strictly Engaging in such activities may constitute misconduct resulting in disciplinary action.
- Prescription and Pharmacy Drugs
- Where a Staff member is taking prescription or pharmacy drugs for medical purposes, the Staff member will not be in breach of this Code, by attending work, if the Staff member:
- Takes the prescription and pharmacy drugs in accordance with the instructions of their medical practitioner and normal directions applying to the use of those drugs;
- Does not misuse or abuse the use of prescription or pharmacy drugs;
- Ensures they are able to perform their work effectively, competently and safety;
- Informs themselves of the impact of the consumption of alcohol with prescription and pharmacy drugs and they limit consumption accordingly; and
- checks with their medical practitioner or pharmacist about the effect of the drug on their ability to drive vehicles, operate machinery and safely perform their normal work duties. If a Staff member’s ability to perform work competently, efficiently and safely is affected, the Staff member should obtain this advice in writing from the medical practitioner, or pharmacist, and provide it to their Manager or supervisor as soon as possible and before undertaking their work.
- If NextSense suspects that a Staff member’s ability to safely perform work is affected, NextSense may take steps to address the issue in accordance with this Code.
3.7.3 Consumption of alcohol
- Staff are not permitted to drink alcohol in the presence of children, clients, students or at work.
- Provision of alcohol to any person under the age of eighteen (18) years of age is strictly This may constitute serious misconduct and result in summary dismissal or cessation of engagement with NextSense. It may also constitute a criminal offence and NextSense may notify the police or other relevant government authorities.
- NextSense recognises that at some work-related functions, responsible consumption of alcohol is allowed, for example, at a Staff function, Christmas party or other stakeholder functions.
- Where the activity involves members from more than one department or relates to an event hosted by NextSense, compliance with the relevant NextSense policy, as applicable, must be met and approval in writing must be sought from the Director of People and Governance. NextSense recognises that, on occasion, such events may be attended by clients of clients of NextSense.
- In circumstances where consumption of alcohol is permitted, the following restrictions apply at all work-related functions:
- A Staff member drinking alcohol must consume alcohol responsibly
- Staff members must not become intoxicated. Drunkenness does not diminish a Staff member’s responsibility for misconduct or otherwise excuse any behaviour that is inconsistent with the expectations outlined in this Code.
- Staff members must uphold an appropriate standard of behaviour at all times, consistent with this Code and other NextSense policies and
- Staff members must ensure a safe means of transportation from work- related functions where alcohol is consumed. Staff members are reminded about the dangers of driving under the influence of alcohol and NextSense encourages Staff to use alternative Staff must not drive any vehicle if they are over the legal blood alcohol limit for driving.
- If a Staff member is required to return to work, or continue working after the work-related function, and the consumption of alcohol could adversely affect their ability to perform their work effectively and safely, consumption of alcohol by those Staff is not permitted.
- If a Staff member breaches this Code at a work-related function, and acts inappropriately, the Staff member may be subject to disciplinary or other appropriate action.
3.8 Reporting and Disclosure Obligations
3.8.1 Mandatory Reporting of Child at Risk of Harm
- All Staff, irrespective of whether they are engaged in child-related work at NextSense, are deemed mandatory reporters pursuant to the NextSense Safeguarding Policy POL00001 and must report any concerns in relation to the safety, welfare or wellbeing of a child, in the context of their employment, to their Manager or their delegate as soon as practicable after becoming aware of the information.
- There are specific State and Territory based legislation with respect to mandatory reporting requirements in each jurisdiction in which NextSense operates. Staff are required to comply with Mandatory Reporting obligations arising under the legislation and as set out in the Mandatory Reporting Procedures The Manager or their delegate must ensure they and their staff comply with all mandatory reporting obligations pursuant to specific State and Territory based legislation.
- Failure to comply with the Mandatory Reporting obligations is a serious breach of this Code and may result in disciplinary/appropriate action which may include termination of employment or cessation of engagement with NextSense.
3.8.2 Reporting Criminal Matters Relating to Child Abuse
- The legislation in each State or Territory in which NextSense operates, requires reporting to the relevant police authority any information held by a person that relates to an actual or possible child abuse This includes sexual abuse, serious physical abuse or extreme neglect of a child. All Staff must comply with the reporting obligations set out in Mandatory Reporting Procedures PRD00001.
- Where the information arises in the context of work (for example if there is a disclosure of possible child abuse by a child or another person or if the information relates to a child, student or client of NextSense who is a child), the information must be reported to the Manager as soon as reasonably practicable for reporting to the relevant statutory bodies.
- Any suspected child abuse offence that has not arisen in the context of work must be reported by the Staff member to the Police in accordance with their legal obligations arising under applicable legislation in the State or Territory in which they work.
- Nothing in this document or related policies and procedures, restricts a member of Staff to make their own report to police.
- Concealing a child abuse offence or failing to protect a child from sexual abuse (in certain circumstances) is a criminal offence under the applicable criminal legislation in the State and Territory in which NextSense In some circumstances, engaging in such conduct may also trigger additional reporting obligations and workplace investigation under applicable Reportable Conduct Scheme.
3.8.3 Mandatory Staff Disclosures Relating to Child Protection
- Staff must report to their Manager or the relevant member of the Senior Leadership Team, as soon as reasonably practicable:
- Any charges, convictions or allegations of Reportable Conduct involving any Staff member;
- Any information about a Reportable Incident or allegation of a Reportable Incident involving any Staff member;
- If they are charged or convicted of an offence relevant to working in child-related employment, or if they have had any reportable allegation made against them in the context of Reportable Conduct or Reportable Incident;
- Any information or concerns about inappropriate behaviour by any Staff member that involves a child, client or a student, regardless of whether that behaviour occurred inside or outside of work;
- If their clearance to work with children as regulated by the applicable State and Territory in which they work for NextSense, has expired or is subject to any restrictions, including a bar, cancellation or risk assessment by the regulatory authority; or
- If they are subject to an Apprehended Personal Violence Order or a child protection order, howsoever named, in any State or Territory, that names a child as a protected person and/or enforces restrictions on the Staff member with respect to their interaction with a child or children.
- Staff must report to their Manager or the relevant member of the Senior Leadership Team, as soon as reasonably practicable:
3.8.4 NDIS Reporting Obligations
- NextSense has an obligation to implement and maintain an Incident Management System and notify the NDIS Commission of Reportable Incidents in accordance with the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 made under the National Disability Insurance Scheme Act 2013 (Cth).
- Staff are required to report any Reportable Incident or information about any potential Reportable Incident to their Manager or a member of the Senior Leadership Team as soon as reasonably practicable in accordance with the Mandatory Reporting Procedures
- A failure to report any actual or potential Reportable Incident is a serious breach of this Code and may result in disciplinary/appropriate action which may include termination of employment or cessation of engagement with
3.8.5 Record Keeping
- Staff must maintain appropriate and accurate records and data in relation to their professional practice in the care and protection of children, students, vulnerable people and clients. Records can include assessment records, electronic documents (including digital communication records), correspondence, statements, records of interviews, case notes, behaviour management plans and notifications to statutory bodies.
- Staff must maintain contemporaneous records of disclosure, observations or reports regarding a child protection or Reportable Incident matter, or any alleged breach of professional standards as stipulated in this Code.
- The records must be retained securely and confidentially as required by NextSense and guidance from the Manager.
3.9 Electronic Information and Communication Technology (ICT)
3.9.1 Appropriate use of ICT System
- Staff must comply with all relevant NextSense policies and procedures relating to the use of ICT.
- NextSense issued email accounts should be used for all professional and work-related communications. Such accounts and servers remain the property of the NextSense.
- NextSense reserves the right to deploy filtering, monitoring and/or logging on to the ICT infrastructure and any devices connected to the network.
- When using NextSense ICT infrastructure including servers, accounts and devices, it is expected that Staff will:
- Exercise good judgment;
- Use appropriate language, images and/or audio content;
- Not upload, download, send, circulate, display or respond to any child abuse material, sexually related or pornographic messages, violent or hate-related messages or material, threatening or harassing messages or material, racist or other offensive messages or material, or messages or material related to illegal activities;
- Communicate with children, students and clients in a manner consistent with their role and responsibilities and in relation to work related matters;
- Report any situation where they become aware of the inappropriate use of ICT by another member of Staff; and
- Not attempt to circumvent filtering, monitoring and/or logging rights of
- Staff are reminded that:
- NextSense, in accordance with its Policies and Procedures, reserves the right conduct an internal audit of its computer network, internet access facilities, computers and other ICT equipment, or commission an independent audit, if deemed necessary, which includes accessing any stored content and all aspects of use, including
- Staff are provided with unique passwords which must not be shared with others.
- Any information stored, received, communicated, or sent on NextSense information systems and servers is the intellectual property of NextSense.
3.9.2 Appropriate Use of Social Media
- Staff must comply at all times with the obligations outlined in the NextSense Social Media Policy
- NextSense recognises the importance of ensuring that Staff who use social media tools in their personal capacity are clear as to NextSense’s
- Staff must not use social media or digital communication in a manner which would bring NextSense into disrepute.
- When using social media and/or other digital platforms for communication, Staff are expected to exercise good personal judgement and note the following expectations:
- Staff are responsible for what they post on their personal social media platforms as well as on NextSense social media platforms as well as communication on any other digital platform (including telecommunication and emails).
- If a member of Staff comes across feedback about NextSense, its Staff, client, students or stakeholders that is assessed as important, they should notify their Manager, or a member of the Senior Leadership Team, as appropriate.
- NextSense respects its Staff’s entitlement to the freedom of expression, however, colleagues, managers, supervisors, often have access to the online content a member of Staff may post. Keep this in mind when publishing content online that can be seen by more than family and friends and know that information originally intended for family and friends can be forwarded Staff must never disclose non-public or confidential information about NextSense, students, clients or members of Staff, on any platform or through any means, unless it is expressly authorised for a work-related purpose by NextSense.
- Staff must be respectful of all individuals and communities with which they interact online. Staff must not use social media, telecommunication or other digital means to air the differences between Staff in an inappropriate manner. Any such disputes should be handled in accordance with the NextSense Grievance Policy
- The use of social media tools is prohibited on any mobile device or other company property owned by NextSense unless authorisation has been obtained.
3.9.3 Appropriate and responsible use of Artificial Intelligence
- Staff must comply with NextSense Artificial Intelligence (AI) Policy with respect to use of AI, including obligations relating to privacy, security, intellectual property and the protection of confidential and sensitive information.
- When using approved AI tools, systems and data, Staff must ensure that all use is in a responsible, lawful and ethical manner.
- AI may only be used for approved business purposes within authorised platforms and with appropriate Staff oversight.
- Staff must not rely on AI to make decisions that carry legal, financial, safety, service quality or reputational risk, and must promptly report any suspected misuse, errors, or risks arising from AI-generated outputs.
- Staff are responsible for the content they create or use with AI and must ensure that all use aligns with NextSense values, professional standards and legal obligations.
3.9.4 Appropriate use of Facilities and Resources
- Staff must use NextSense facilities, equipment and resources economically and ethically and only for their intended purpose.
- Staff are fully accountable for the use of NextSense worktime and resources and must not use these resources for an outside interest, secondary employment, personal gain or misuse.
- Staff must report to their Manager any improper use, waste or abuse of resources, corrupt or fraudulent conduct or inadequate administration and
3.10 Communications and Reporting
3.10.1 Staff must report to NextSense, where they believe, they or anyone within their workplace, has breached NextSense policies, directions or guidelines, including this Code.
3.10.2 Staff must use all forms of communication, including social media, responsibly and appropriately and in line with the expectations outlined in this Code.
3.10.3 Staff must maintain confidentiality and privacy where
3.10.4 Staff have a duty to report to NextSense any illegal or improper conduct including child abuse and pornography, corrupt or fraudulent conduct or inadequate administration or accountability.
3.10.5 All matters pertaining to child protection concerns must be reported in accordance with the NextSense Safeguarding Policy POL00001 and its related Procedures. Failure to do so may result in disciplinary action.
3.10.6 In the first instance, reports can be made to the Manager or an appropriate member of the Senior Leadership Team, as soon as possible.
3.10.7 If a Staff member is concerned that they may suffer reprisal or detrimental treatment as a result of making a disclosure, they may make a disclosure in a safe and confidential environment in accordance with the NextSense Whistleblower
3.11 External Engagements
3.11.1 Staff must ensure that any request to speak at an external forum (including conferences, seminars, external networking events and external panels) receives prior approval from their Manager and the relevant member of the Senior Leadership In some instances, it may be appropriate for another person to represent NextSense in the external forum.
3.11.2 Speaking at external forums requires notification to the NextSense Communications Team.
3.11.3 Staff must ensure that speaking at an external forum does not distract from the performance of the Staff member’s usual duties and does not bring the reputation of NextSense into disrepute.
3.12 Public Commentary
3.12.1 Enquiries from the media must be forwarded immediately to the Director of Marketing & Communications and/or to the Head of Communications and Public Relations or their delegate and to their Manager.
3.12.2 All public comments are guided by the NextSense Media Relations Policy (POL00067).
3.12.3 Staff must not make or publish inappropriate or disparaging public comments about NextSense, including on their personal social media.
3.12.4 NextSense operates from an apolitical Staff involved in public communications on behalf of the organisation must ensure that the communications released are consistent with an apolitical perspective.
3.12.5 Staff must ensure that any political comment which they make in a personal capacity is not attributed to NextSense or attributed to their role within the
3.13 Identifying and Managing a Conflict of Interest
3.13.1 A conflict of interest includes any circumstance, whether actual or perceived, arising from a conflict between the performance of the Staff member’s professional duties with NextSense and their personal interests.
3.13.2 Staff must take appropriate steps to disclose a conflict of interest (or a potential conflict) to their Manager or to a member of the Senior Leadership Team, as soon as they become aware of it and use the NextSense Conflict of Interest Policy as a
3.13.3 Personal Relationships Between Staff
- Staff must ensure that their role at NextSense is not impacted by any competing, conflicting or outside interest including any personal, relational, filial or otherwise.
- Staff are required to disclose any personal relationship with another Staff member where they think there is a conflict of interest or where there might be a perception of a conflict of interest. In such circumstances, Staff are required to outline to the relevant member of the Senior Leadership Team any actual or perceived conflict of interest that the relationship between two staff members may cause and their plan for mitigating the conflict.
- It is expected that Staff will work in an objective and impartial manner and be seen to do so. Staff must not succumb to improper pressure that may affect, or be perceived to adversely affect, their ability to fulfil their professional obligations to NextSense.
3.13.4 Gifts and Benefits
- NextSense acknowledges that the giving and receiving of gifts, benefits and hospitality is not uncommon for Staff and can form part of building professional relationships, welcoming guests, celebrating achievements or as a token of appreciation.
- The giving and receiving of a gift, benefit or hospitality must be done in an ethical manner to not only protect the reputation of NextSense, and its Staff, but also to avoid a conflict of interests (actual or perceived).
- Staff must not solicit or accept, directly or indirectly, any gift, gratuity, benefit or favour, that might reasonably be seen to either directly or indirectly compromise or influence their professional duties with NextSense and/or call into question the ethics and integrity of the Staff member.
- Gifts or hospitality offered as an inducement to purchase, provide information or treat someone favourably are not acceptable regardless of their monetary value.
- Any offer of a gift or benefit should be notified to the People & Governance Directorate for appropriate action which will be guided by NextSense Gifts Policy (POL00033).
3.13.5 Secondary Employment
- Staff working for NextSense on a full-time or part-time basis must seek and obtain approval in writing from NextSense prior to engaging in any secondary employment or business activity by using the Application Form for Approval for Secondary Employment.
- Casual Staff must also seek approval to undertake secondary employment from NextSense if the employment may result in conflict of interest that could adversely impact on the staff member’s ability to perform their duties with NextSense, or where the secondary employment may affect NextSense financial position, services, clients or standing in the
- Approval for secondary employment is still required when Staff are on leave, including during periods of leave without Staff granted approval to undertake secondary employment must not solicit clients or potential clients of NextSense to receive comparable services from another provider or the Staff member in their capacity of undertaking the secondary employment.
- Failure to seek approval in writing from NextSense prior to commencement of secondary employment or failure to comply with the conditions of approval, once approval is granted, may be in breach of this Code, and inconsistent with the employment/engagement conditions with NextSense, resulting in appropriate disciplinary action.
3.14 Confidentiality
3.14.1 Staff must maintain confidentiality in relation to any matters of a sensitive, child protection or health service-related nature and treat confidential and personal information about clients, students, their families, other Staff, or NextSense respectfully and only communicate such information to those who need to know in order to perform their professional role in accordance with the Privacy Policy (POL00011).
3.14.2 Staff must comply with relevant laws and regulations regarding the collection, dissemination, use and security of all such Sharing of confidential and personal information with external persons or agencies may only occur within the established guidelines and delegations for sharing of such communication and in accordance with any relevant legislation relating to the provision of such information.
3.15 Victimisation
3.15.1 Staff must not take detrimental action (actual or reasonably perceived) against a complainant or person who reports information as required by legislation, this Code or other relevant policies and procedures. To do so may be regarded as serious misconduct and may result in disciplinary action.
3.15.2 Under child protection legislation in some States and Territories in which NextSense operates, Staff are protected from liability (including civil, criminal or disciplinary action) if a person, acting in good faith, reports or provides any information in accordance with the law or to ensure legal compliance.
3.16 Lawful Compliance and Consequences of Breach of the Code
1.16.1 Staff must act lawfully and comply with all legislative, contractual and industrial requirements while employed or engaged by NextSense.
3.16.2 Staff must also comply with NextSense policy documents and follow all reasonable and lawful directions given by NextSense.
3.16.3 Breach of the Code
- Staff hold a position of trust and are accountable for their actions or inactions. A breach or an alleged breach of this Code may require investigation in accordance with rules of procedural fairness consistent with the Fair Work Act 2009 (Cth), the specific State and Territory based legislation in respect of child protection matters and the National Disability Insurance Scheme (NDIS) Quality and Safeguarding Framework in respect of reportable Matters relating to child protection concerns will be dealt with in accordance with the NextSense Safeguarding Policy POL00001 and its related Procedures.
- Failure to comply with the responsibilities and obligations required by legislation or this Code may result in disciplinary action, which may include (but is not limited to) immediate termination of employment, termination of contractor agreement, notification of alleged breach to external agencies and/or result in criminal prosecution. There are various factors that NextSense may consider when deciding what action to take for a sustained breach of the Code. This includes, but is not limited to, taking into consideration:
- The seriousness of the breach;
- The likelihood of the breach occurring again;
- Whether the breach has occurred more than once;
- Any risk (actual or perceived) to Staff, children, vulnerable people and others; and
- Whether the breach would be serious enough to warrant formal disciplinary action.
- Whilst different arrangements for engagement may apply for affiliates, volunteers, contractors, tertiary students and trainees, they are still expected to conduct themselves in accordance with the principles underpinning this Although affiliates, volunteers, contractors, tertiary students, and trainees are not usually subject to disciplinary action by NextSense, conduct that is assessed as being a potential or actual breach of this Code (including where allegations of breach arise) may result in notification of the matter to their employer (where relevant), their engagement being terminated and/or criminal prosecution, where applicable.
Part 4 – Definitions
Term | Definition |
Affiliate | A person employed by an external entity who is formally affiliated with NextSense to conduct work as required by NextSense (for example Children’s Hospital Staff). |
Child/Children | Means a person under the age of 18 years. |
Manager | Means a workplace manager or supervisor, or their delegate, as appropriate. |
Mandatory Reporting | Means legislated reporting obligations with respect to the safety and wellbeing concerns about a child or a class of children and child abuse matters to relevant statutory bodies in the applicable State and Territories. This extends to mandatory reporting requirements for potential criminal matters to the applicable State, Territory or Federal police. |
Reportable Conduct | Means any allegation that is captured within the Reportable Conduct Scheme in New South Wales and Victoria, as applicable to NextSense and its Staff and reportable to the Office of the Children’s Guardian NSW (OCG) and the Commission for Children and Young People (CCYP) in Victoria, respectively. As it is an allegation-based scheme, findings that the alleged conduct did in fact occur is not required for the purposes of NextSense reporting the allegation |
Reportable Incident | Pursuant to section 73Z(4) of the National Disability Insurance Scheme Act 2013 (Cth) a reportable incident is an incident that occurs or is alleged to have occurred in connection with the provision of supports or services by a registered NDIS provider and includes:
|
Sexual Misconduct (NDIS Code of Conduct) | Consistent with the NDIS Code of Conduct, sexual misconduct includes, but is not limited to, inappropriate behaviour such as: · Asking the person on a date · Touching any part of a person’s body in a sexual way · Touching a person in a way they do not wish to be touched · Displaying their genitals to the person · Coercing, by pressuring or tricking, a person to engage in sexual behaviours or acts · Making sexual or erotic comments to the person (in person or in any other digital format, including images, written and audio) · Making sexually suggestive comments or jokes · Intentionally starring at a person in a way that makes them feel uncomfortable · Making comments about a person’s sexuality or appearance · Making requests of a sexual nature · Showing content to the person that is sexual in nature Ignoring or encouraging sexual behaviour between people with disability that is non-consensual or exploitative |
Staff | Includes paid employees (whether employed on a permanent, temporary or casual basis), affiliates, volunteers, contractors, tertiary students, and trainees. |
Victimisation | Victimisation occurs when a person hassles or treats another person unfairly or differently because that person has made a complaint or a grievance or provided information for a complaint or grievance. Victimisation is against the law under various applicable legislation in Australia. |
Vulnerable people | Means a child, or a person above the age of 18 years, who is, or may be in need of care services, or unable to take care of themselves, or protect themselves from harm or exploitation by reason of age, illness, trauma, disability, or any other reason. The definition, for the purposes of this policy, includes a person with disability who requires no or minimal additional supports to ensure they can access general safeguards to an extent equal to other members of the community. |
Hate Speech | As defined by section 93ZAA of the Crimes Act 1900 (NSW). |
Part 5 – Related Documents
This policy document should be read in conjunction with:
Internal Related Policies and Procedures:
- NextSense Respectful Workplace Policy POL00055
- NextSense Gifts Policy POL00033
- NextSense Conflict of Interest Policy POL00102
- NextSense Grievance Policy POL00104
- Mandatory Reporting Procedures PRD00001
- NextSense Media Relations Policy POL00067
- Privacy Policy POL00011
- Recruitment and Selection Policy POL00026
- Reportable Conduct Procedures New South Wales PRD00002
- Reportable Conduct Procedures Victoria PRD00069
- NextSense Safeguarding Policy POL00001
- NextSense Whistleblower Policy POL00032
- NextSense Social Media Policy POL00008
- Statement of commitment to the safety of children and vulnerable people
- Work Health and Safety Policy and Procedures
Any other applicable NextSense Policy and Procedures document
Legislation:
- Children (Education and Care Services) National Law 2010
- Disability Discrimination Act 1992 (Cth)
- Fair Work Act 2009 (Cth)
- National Disability Insurance Scheme Act 2013 (Cth)
- National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018
- National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018
- National Disability Insurance Scheme (Code of Conduct) Rules 2018
- Privacy Act 1988 (Cth)
NSW
- Anti-Discrimination Act 1997 (NSW)
- Child Protection (Working with Children) Act 2012 (NSW)
- Children and Young Persons (Care and Protection) Act 1998 (NSW)
- Children’s Guardian Act 2019 (NSW)
- Crimes Act 1900 (NSW)
- Education Act 1990 (NSW)
- Work Health & Safety Act 2011 (NSW)
VIC
- Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Bill 2021 (Vic)
- Child Wellbeing and Safety Act 2005 (Vic)
- Child Wellbeing and Safety Amendment (Child Safe Standards) Act 2015 (Vic)
- Children Youth and Families Act 2005 (Vic)
- Crimes Act 1958 (Vic)
- Disability Act 2006 (Vic)
- Occupational Health and Safety Act 2004 (Vic)
QLD
- Anti-Discrimination Act 1991 (QLD)
- Child Protection Act 1999 (QLD)
- Criminal Code Act 1899 (QLD)
- Work Health & Safety Act 2011 (QLD)
ACT
- Children and Young People Act 2008 (ACT)
- Crimes Act 1900 (ACT)
- Discrimination Act 1991 (ACT)
- Work Health & Safety Act 2011 (ACT)
NT
- Anti-Discrimination Act 1992 (NT)
- Care and Protection of Children Act 2007 (NT)
- Criminal Code Act 1983 (NT)
- Work Health and Safety (National Uniform Legislation) Act 2011 (NT)
Part 6 – Policy Status and Details
Document Reference: | POL00009 |
Status: | Approved |
Endorsed by: | Senior Leadership Team |
Approval Authority: | Board |
Approval Date: | 13 December 2022 |
Issue Date: | 2 December 2025 |
Review Date: | 2 December 2028 |
Policy Author: | Director of People and Governance |
Policy Owner: | Director of People and Governance |
Functional Unit: | People and Culture |
Enquiries Contact: | Head of People and Culture |
Reportable conduct procedures
Reportable conduct procedures New South Wales
Procedure Summary – Key Points
- When any allegation or complaint is received, the Manager must conduct an initial assessment to determine the nature of the allegation and assess whether notification is required to external authorities in accordance with the Mandatory Reporting Procedures PRD00001 and/or if the matter falls within the definition of an allegation of Reportable Conduct under the Children’s Guardian Act 2019 (NSW).
- The Chief Executive Officer of NextSense is the Head of Relevant Entity for the purposes of Part 4 of the Children’s Guardian Act 2019 (NSW) and the Director of People & Culture is their delegate for matters captured within the scope of this document.
- NextSense must respond to all complaints sensitively and where required, report to external authorities within prescribed timeframes, appropriately assess the matter and investigate adhering to principles of procedural This requires complying with the Mandatory Reporting Procedures PRD00001 and the procedures outlined in this document.
- A risk assessment must be implemented as an ongoing process in complaint and allegation procedures and investigations.
- Records relating to child protection matters must be confidentially retained at NextSense in a secure place and separate from personnel files.
Document Reference: | PRD00002 |
Status: | APPROVED |
Issue Date: | 19.12.2022 |
Policy Owner: | Kylie Pearson |
Functional Unit: | People & Culture |
Part 1 – Purpose
NextSense considers the welfare of children to be of paramount importance and applies a consistent high standard of compliance and accountability across all services that it offers.
NextSense is committed to the prevention and identification of any potential Child Protection matters and ensures compliance with legislative requirements pertaining to child protection concerns. All complaints and allegation of a child protection or professional standards matter involving a child and a person employed or engaged by NextSense is assessed to determine whether it falls within the scope of the New South Wales Reportable Conduct Scheme or the Victoria Reportable Conduct Scheme.
This document sets out the process through which NextSense responds to complaints or allegations made against people employed or engaged by NextSense. It provides direction for the management of all reportable conduct allegations made about employees and/or people engaged by NextSense that falls within the scope of Part 4 of the Children’s Guardian Act 2019 (NSW). The Chief Executive Officer of NextSense is the Head of Relevant Entity under the Reportable Conduct Scheme and has a responsibility to maintain proper systems, notify the Office of the Children’s Guardian of reportable allegations and make relevant reports to statutory bodies, ensure matters are appropriately investigated, ensure risks are identified and assessed, ensure that relevant information is provided to relevant parties and to ensure confidentiality. The Director of People & Culture acts as the Chief Executive Officer’s delegate for matters pertaining to Part 4 of the Children’s Guardian Act 2019 (NSW).
This document must be read in conjunction with the NextSense Safeguarding Policy POL00001, Mandatory Reporting Procedures PRD00001, NextSense Grievance Policy POL00104, and NextSense Code of Conduct Policy POL00009.
Part 2 – Scope
This document applies to the management of complaints and allegations of Reportable Conduct made against people employed or engaged in NextSense schools or pre-schools in New South Wales, whether or not they are employed or engaged in connection with work or activities that relate to children. This also extends to affiliates working at NextSense (for example Children’s Hospital Employees or Royal Prince Alfred Hospital Employees), where their employer is captured within the scope of Part 4 of the Children’s Guardian Act 2019 (NSW) as a Schedule 1 Entity.
Reference to Staff in this policy is intended to cover all people that fall within the definition of Staff, as set out in Part 4 of this document.
This document does not apply to the management of complaints and allegations of Reportable Conduct that fall within the Victoria Reportable Conduct Scheme. Such matters must be handled in accordance with Reportable Conduct Procedures Victoria PRD00069.
Complaints and allegations of a child protection or professional standards nature that do not fall within the scope the New South Wales Reportable Conduct Scheme or the Victoria Reportable Conduct Scheme must be assessed and appropriately handled in accordance with the best practice principles and investigative procedures set out in this procedure, as applicable, and in accordance with the NextSense Safeguarding Policy POL00001, the NextSense Grievance Policy POL00104 and related procedures.
Part 3 – Procedure
1. Receipt of Allegation or Complaint
1.1 When any allegation or complaint is received, the Manager must conduct an initial assessment to determine the nature of the allegation and assess whether notification is required to external authorities in accordance with the Mandatory Reporting Procedures PRD00001 and/or if the matter falls within the definition of an allegation of Reportable Conduct under the Children’s Guardian Act 2019 (NSW) (the Act).
1.2 Complaints that are assessed as being ‘not reportable conduct’ will still require NextSense to undertake reasonable enquiries in accordance with the procedures outlined in this document, as appropriate.
1.3 The steps and principles outlined in this document apply equally to anonymous complaints. Notwithstanding the complexities of investigation anonymous complaints, NextSense will take all complaints seriously, report to relevant external authorities if necessary and make reasonable enquiries where practical.
1.4 NextSense must respond to all complaints sensitively and where required, report to external authorities, appropriately assess the matter and investigate, even if the complainant does not wish for this to occur. NextSense has a legal obligation to report and respond to certain complaints involving children. Staff must comply with this document when responding to complaints against Staff involving children.
1.5 Complaints of a historical nature may involve allegations of conduct of a person who is no longer employed or engaged by NextSense. In such circumstances, the Director of People & Culture or their delegate must be notified to ensure reasonable inquiries consistent with procedures outlined in this document are undertaken, including notification of the complaint to external authorities, where required.
2. Initial Assessment Procedure
2.1 An initial assessment includes, but is not limited to, the matters listed below:
- Clarify the allegation, if
- Identify whether the alleged conduct requires a report to external
- Identify any immediate risks and complete an initial risk
- Identify any other agencies that should be informed of the process, for example, in cases of an external contractor or an affiliate, their employer.
- Consulting with People & Culture Team for advice and guidance in the management of the matter and assistance with the initial assessment, where required.
2.2 Assessment tools and factsheets provided by the Office of the Children’s Guardian may be used to assess whether a complaint falls within the scope of Part 4 of the Act, reportable to the Office of the Children’s Guardian as an allegation of Reportable
2.3 Reporting to external authorities:
- If the alleged conduct is considered to be criminal in nature, NextSense must make a report to the New South Wales or Federal Police (as appropriate) regardless of whether the complainant wishes to make a police report. If the alleged conduct is considered to be of a potentially criminal nature, the complainant will be informed that they may also contact the police directly. A report may be made by the Manager in consultation with the People & Culture Team, where consultation is reasonably practicable or by a member of the People & Culture Team, as appropriate. It is a matter for the police to determine whether the matter is within its jurisdiction.
- If the complaint and/or allegation identifies a child at risk of significant harm, a report must be made to the Department of Communities and Justice (DCJ) in accordance with the Mandatory Reporting Procedures PRD00001.
- Where the information arises that identifies a need for a report to the police or to DCJ, NextSense will make that report at that time and suspend its own processes until such time as clearance is given by the statutory body to commence and/or continue the internal investigation. In such circumstances, NextSense will notify the child’s parent and/or carer, unless otherwise instructed by DCJ or Police.
- If the complaint and/or allegation is assessed as a matter that requires a notification to the Office of the Children’s Guardian pursuant to Part 4 of the Act, the Director of People & Culture or their delegate must be notified and the procedures in this document must be followed.
- If the complaint and/or allegation is about a person employed as a teacher accredited at any level under the Teacher Accreditation Act 2004 (NSW) (TA Act), NextSense has an obligation under the law to notify the New South Wales Education Standards Authority (NESA) if it makes a relevant decision or there are other relevant matters, as defined under the TA Act and the NESA’s Interim Revocation, Suspension and Voluntary Cancellation of Accreditation Policy, within the prescribed time periods. Notification must be marked “Confidential – Notification of Relevant Information”, addressed to the Executive Director, Quality Teaching and sent by email to: TAnotifications@nesa.nsw.edu.au
- If the complaint and/or allegation is about a person employed in a pre-school, and pertains to a serious incident, complaint, incident or allegation that physical or sexual abuse of a child or children has occurred or is occurring, NextSense must make a report to the NSW Early Learning Commission in accordance with the Children (Education and Care Services) National Law (National Law) and within the prescribed time periods as set out in the Mandatory Reporting Procedures
- If the complaint and/or allegation relates to conduct towards a child in the context of delivering services under the National Disability Insurance Scheme (NDIS), an assessment must be undertaken to determine if the complaint is a Reportable Incident, reportable to the NDIS Commission under the National Disability Insurance Scheme Act 2013 (Cth).
2.4 Initial risk assessment
- A risk assessment is an ongoing process required in complaint and allegation procedures and investigations.
- Risk assessment includes identifying risks and implementing strategies to reduce those risks to the identified child or children, students, the person subject of the complaint, Staff, members of the school or pre-school community, reputation of NextSense and the integrity of the investigation.
- A risk assessment must be completed to determine whether interim work arrangements are required for the person subject of the complaint, in consultation with the Director of People & Culture or their delegate and relevant external authorities, where applicable. This may include suspending a person from their employment and requires taking into consideration the seriousness of the reported concern and the identified risks to all relevant parties.
- Where NextSense is notified that a Staff member has had their Working with Children Check clearance cancelled by the Office of the Children’s Guardian, or is subject to an interim bar, NextSense will take immediate steps in accordance with the law to remove that person from child-related employment or engagement.
- Where NextSense is notified that a Staff member is subject to a risk assessment by the Office of the Children’s Guardian, NextSense may take appropriate steps to manage that person’s interaction with children, in consultation with the Office of the Children’s Guardian.
3. Notification to the Office of the Children’s Guardian
3.1 Where the matter falls with Part 4 of the Act, the Chief Executive Officer of NextSense or their delegate (or the Board President or their delegate in instances of matters involving the Chief Executive Officer), as the Head of Relevant Entity, must report the matter to the Office of the Children’s Guardian within seven (7) business days of becoming aware of the information by completing the 7-Day Notification Form.
3.2 In matters where the complaint, assessed as an allegation of reportable conduct relating to an affiliate (including where the affiliate is not working in a school), whose employer falls within the scope of Part 4 of the Act, NextSense will work with the other identified Relevant Entity, where appropriate, to assess and manage the risks. The Office of the Children’s Guardian will need to be notified and an appropriate determination made with respect to the Relevant Entity that will be formally notifying the Office of the Children’s Guardian of the matter and taking responsibility for the investigation and related reporting requirements. Principles of privacy and confidentiality must be carefully considered and managed in such situations.
3.3 Matters that are exempt from reporting to the Office of the Children’s Guardian in accordance with sections 30 and 41 of the Act must also be investigated by NextSense in accordance with these procedures.
4.Investigation Protocols
NextSense will consider several factors when deciding how to investigate a Reportable Allegation, including:
- Complying with any advice or direction from the Office of Children’s Guardian in relation to best practice;
- Any requirement by police, DCJ or the Office of the Children’s Guardian to defer the investigation;
- The safety, welfare and wellbeing of a child or vulnerable person affected by the investigation; and
- The rights of other parties
4.2 NextSense will ensure investigation protocols are regularly reviewed and adhere to procedural fairness. The following protocols are applied, as appropriate:
- Preparing an investigation plan identifying the relevant witnesses, including order of interviews (where relevant), applicable steps in the investigation and the risk
- The person subject of the compliant is advised in writing of the allegations;
- The person subject of the complaint is provided with the opportunity and sufficient time to provide a response to the allegations either in writing or at an interview;
- Any response provided by the person subject of the complaint must be reasonably considered;
- All reasonable inquiries are undertaken;
- Any party to the investigation is provided with an opportunity to nominate witnesses;
- The investigation is conducted without unnecessary delay;
- Conflicts of interests are identified and appropriately managed;
- Appropriate and reasonable support, including wellbeing support, is provided for all parties, recognising that regardless of the seriousness of any compliant, most complaints are stressful and impact on those involved;
- The person subject of the complaint and any other people interviewed are permitted to bring a support person if required;
- Parental consent will be obtained for formal interview with a student;
- If a student is interviewed, they are offered an adult support person of their choice;
- Information obtained in interviews is written up in a form of statement or recorded, with consent, and transcribed; and
- Confidentiality principles will be observed to the greatest extent possible, as permitted by law.
4.3 A person who is subject of a complaint, has the right to obtain professional advice from their union or a legal practitioner, at any stage, and is encouraged to do so, if required.
4.4 When all relevant information is obtained the evidence is assessed on the civil standard of proof. A determination is made as to:
- Whether or not the alleged conduct occurred;
- The appropriate finding recorded (a finding of reportable conduct or a finding other than a finding of reportable conduct);
- Appropriate action to be taken based on the finding;
- Any issues arising, or safety matters; and
- Review of the risk
4.5 When making a finding, consideration must also be given to whether the reportable allegation relates to conduct that is in breach of established standards applying to the relevant Staff member, having regard to:
- Professional standards;
- Codes of conduct, including any professional or ethical codes of conduct prescribed by regulatory and/or accreditation authorities; and
- Accepted community
4.6 For a complaint and/or allegation, that is not a reportable allegation, in assessing the evidence, the decision maker must, with consideration of the strength and probative value of the evidence, make one of the following findings:
- Substantiated (in whole or in part)– This finding should be used when the evidence suggests that it is more likely than not that the conduct, happened. ‘In part’ finding can be used when the evidence suggests that some, but not all, elements of the alleged conduct can be substantiated.
- Unsubstantiated – This finding should be used when there is insufficient evidence to establish whether the conduct took place at all.
4.7 An investigation report with all information relevant to the findings is
4.8 Findings and outcomes are communicated to the person who is the subject of the complaint and any other persons as appropriate.
4.9 If an adverse finding (a finding of reportable conduct) is made which may have employment implications, NextSense must ensure that the employee subject to the complaint is afforded a fair procedure in responding further to the findings and outcomes, prior to confirming that Once the final decision is made, the employee must be informed in writing, including if any external notifications are required to be made with respect to the final findings.
4.10 Following conclusion of an investigation, NextSense may determine an appropriate outcome, including with respect to disciplinary outcomes and any other corrective action required, based on issues arising from the Depending on the seriousness of the matter, disciplinary outcomes may include termination of employment or cancellation of contract and termination of engagement relationship with a person, who is not an employee of NextSense.
5. Reporting obligations post conclusion of the investigation
5.1 The Chief Executive Officer (as the Head of Relevant Entity) or their delegate must provide the Office of the Children’s Guardian with an update on the status of the investigation within thirty (30) calendar days from when the Office of the Children’s Guardian was notified in reference to the allegation of reportable conduct.
5.2 If the investigation is completed within thirty (30) calendar days, NextSense must submit an Entity Report to the Office of the Children’s Guardian. The Entity Report must include an analysis of the evidence and rationale for the findings made about the reportable allegations.
5.3 If the investigation has not been completed within thirty (30) calendar days, NextSense must submit a 30-day Interim Report to the Office of the Children’s Guardian. Submission of the Interim Report must include a reason for not providing the Entity Report within thirty (30) days and an estimated time frame for the completion of the report
5.4 NextSense must provide the relevant statutory bodies with an update about the outcome of the investigation as This includes reporting to the Office of the Children’s Guardian a sustained finding of sexual misconduct or serious physical assault under Child Protection (Working with Children) Act 2012 (NSW), reporting to NESA, the outcome of an allegation pursuant to NESA’s Interim Revocation, Suspension and Voluntary Cancellation of Accreditation Policy, reporting to the NSW Early Learning Commission with reference to reporting obligations arising under National Law for any sustained matters, following the conclusion of the investigation, as applicable.
6. Records and Disclosure
6.1 Where required for a relevant investigation or risk assessment, information may be requested and/or shared with a prescribed body pursuant to Chapter 16A of the Children and Young Persons (Care and Protection) Act 1998 (NSW).
6.2 A record of the investigation must be held by NextSense and where required, a copy must be provided to the Office of the Children’s Guardian in accordance with Part 4 of the Act and as set out in section 5 of this document.
6.3 Investigation into matters that are assessed as being exempt from the reporting obligations to the Office of the Children’s Guardian must be documented and retained confidentially at NextSense and the Office of the Children’s Guardian may audit these records in accordance with the Act.
6.4 Records retained at NextSense must be kept securely, confidentially and separately from personnel files.
6.5 NextSense must comply with the disclosure of Relevant Information requirement under section 57 of the Act to a child or a parent of the child, to whom the information
6.6 A person who is the subject of a complaint may request access to records held by NextSense in accordance with the Government Information (Public Access) Act 2009 (NSW), or other relevant legislation, where such a right exists under law.
6.7 NextSense must retain records pertaining to child protection matters for at least 100
Part 4 – Definitions
Term | Definition |
Affiliate | A person employed by an external entity who is formally affiliated with NextSense to conduct work as required by NextSense (for example Children’s Hospital employees). |
Allegation of Reportable Conduct in NSW | Pursuant to section 20 of the Children’s Guardian Act 2019 (NSW), an allegation of reportable conduct includes: · allegations of a sexual offence; · sexual misconduct; · ill-treatment of a child; · neglect of a child; · an assault against a child; · an offence under section 43B (failure to protect) or section 316A (failure to report) of the Crimes Act 1900 (NSW); or · behaviour that causes significant emotional or psychological harm to a child. |
Child/Children | Means a person under the age of 18 years. |
Class or Kind Exemption | Pursuant to section 30 of the Children’s Guardian Act 2019 (NSW), the Office of the Children’s Guardian can grant an exemption to NextSense for reporting conduct of a class or kind prescribed by the regulations, which would otherwise, in absence of a Class or Kind Exemption, be reportable to the Office of the Children’s Guardian under Reportable Conduct Scheme. This includes complaints such as, first time reported smacking of a child, minor and transitory restraint of a child or an isolated incident of inappropriate pushing and pulling of a child. |
Not Reportable Conduct | Under section 41 of the legislation, the following types of conduct is not reportable conduct: |
Term | Definition |
– conduct that is reasonable for the purposes of discipline, management or care of a child having regard to the age, maturity, health or other characteristics of the child, and any relevant code of conduct or professional conduct; – the use of physical force if in all the circumstances, the physical force is trivial or negligible and the circumstances in which it was used have been investigated and the result of the investigation has been recorded in accordance with appropriate procedures; or – conduct of a class or kind exempted from being reportable conduct by the Children’s Guardian under section 30. | |
Relevant Decision (NESA) | Under section 42B of the Teacher Accreditation Act 2004 (NSW), an employer who makes a relevant decision in relation to a person must notify NESA of that decision. A relevant decision in relation to a person is a decision: – to dismiss the person from employment as a teacher for any reason for which the accreditation of a person may be revoked under the law; or – to include the person on the ‘not to be employed list’. In most cases, a relevant decision coincides with a decision by an employer to remove a person from their teaching position. Notifications must be sent within five (5) days of a relevant decision being made. |
Relevant Information | Under section 57 of the Children’s Guardian Act 2019 (NSW), NextSense must disclose relevant information to a child to whom the information relates or a parent of the child. Relevant information is defined to mean the following information relation to a reportable allegation or conviction considered to be a reportable conviction: – information about the progress of the investigation; – information about the findings of the investigation; and – information about action taken in response to the findings. The requirement to disclose relevant information is mandatory unless it is not in the public interest to disclose the information to those parties. |
Term | Definition |
Relevant Matters (NESA) | Under section 42B of the Teacher Accreditation Act 2004 (NSW), an employer of an accredited person who has, or is aware of, any information that is or may be relevant to any of the grounds for revocation or suspension of accreditation under the law must notify NESA. Notifications must be sent within five (5) days of the employer becoming aware of the relevant matter. In the case of failure to maintain the teaching standards, NESA must be notified within twenty-one (21) days of making the decision. Grounds for revocation or suspension of accreditation are set out in section 24A(1) of the Teacher Accreditation Act 2004 (NSW) and includes (relevantly), disciplinary proceedings that are pending in relation to alleged misconduct and act or conduct that is of a nature that would reflect adversely on a teacher’s professional standing or integrity or suitability or competence to teach, and the person has been found guilty of an additional offence of this nature at least once during the previous period of five years. |
Reportable Conduct | Means any allegation that is captured within the Reportable Conduct Scheme in New South Wales, as applicable to NextSense and its Staff and reportable to the Office of the Children’s Guardian NSW. As it is an allegation-based scheme, findings that the alleged conduct did in fact occur is not required for the purposes of NextSense reporting the allegation. |
Reportable Conviction | A conviction (including a finding of guilt without the court proceeding to a conviction), in NSW or elsewhere, of an offence involving reportable conduct. |
Reportable Incident | Pursuant to section 73Z(4) of the National Disability Insurance Scheme Act 2013 (Cth) a reportable incident is an incident that occurs or is alleged to have occurred in connection with the provision of supports or services by a registered NDIS provider and includes:
Reportable Incident also captures allegations of the incidents described above. |
Staff | Includes paid employees (whether employed on a permanent, temporary or casual basis), affiliates, volunteers, contractors, tertiary students, and trainees. |
Part 5 – Related Documents
This procedures document should be read in conjunction with:
Legislation:
- Fair Work Act 2009 (Cth)
- Children and Young Persons (Care and Protection) Act 1998 (NSW)
- Child Protection (Working with Children) Act 2012 (NSW)
- Children’s Guardian Act 2019 (NSW)
- Crimes Act 1900 (NSW)
- National Disability Insurance Scheme Act 2013 (Cth)
- National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018
- Teacher Accreditation Act 2004 (NSW)
Office of the Children’s Guardian Resources
- Assessment Tools
- Factsheets
- Reportable Conduct notification forms Internal Related Policies and Procedures
- NESA Notifications and Disclosures
- NextSense Safeguarding Policy POL00001
- Client Record Management Policy POL00004
- NextSense Code of Conduct Policy POL00009
- Incident Management Policy POL00047
- Mandatory Reporting Procedures PRD00001
- Reportable Conduct Procedures Victoria PRD00069
- Statement of commitment to the safety of children and vulnerable people Any other applicable NextSense Policies and Procedures document
Contact Information
- Child Protection Helpline – Ph: 132 111
- Office of the Children’s Guardian Reportable Conduct Directorate Enquiry Line – Ph: 02 8219 3800 or Email: reportableconduct@ocg.nsw.gov.au
- NESA Executive Director, Quality Teaching (for reporting of Relevant Matters) – email to: notifications@nesa.nsw.edu.au.
Part 6 – Procedure Status and Details
Document Reference: | PRD00002 |
Status: | APPROVED |
Endorsed by: | Senior Leadership Team |
Approval Authority: | Chief Executive |
Signature of Approval Authority: | |
Approval Date: | 13.12.2022 |
Issue Date: | 19.12.2022 |
Review Date: | 19.12.2024 |
Retirement Date: | Not applicable |
Author: | Kylie Pearson |
Policy Owner: | Director, People & Culture |
Functional Unit: | People & Culture |
Enquiries Contact: | Name: Kylie Pearson Position: Director, People & Culture Email: kylie.pearson@nextsense.org.au Phone: 0400 573 709 |
Schools annual training in safeguarding. Child protection & wwcc requirements & procedure
Procedure Summary – Key Points
- Ensure student safety and wellbeing: Annual Safeguarding training reinforces staff understanding of their duty of care, mandatory reporting and reportable conduct obligations, and how to recognise and respond to indicators of abuse or neglect, maintaining a safe environment for all students.
- Maintain legal and regulatory compliance: Regular training ensures all staff remain current with legislative requirements, including child protection laws and Working With Children Check (WWCC) obligations, reducing organisational
- Promote a consistent, informed school culture: Ongoing Safeguarding training builds a shared understanding of policies, procedures and professional conduct, ensuring all staff respond to concerns appropriately and consistently.
Document Reference: | PRD00048 |
Status: | Approved |
Issue Date: | 30 March 2026 |
Policy Owner: | Head of School |
Functional Unit: | Services (Education) |
Part 1 – Purpose
This procedure defines who is responsible and the processes involved in Safeguarding Training, and the requirement for Working With Children Checks and other Compliance requirements during Onboarding.
Part 2 – Scope
This procedure applies to all NextSense School employees, casuals, volunteers, contractors and student placements.
All NextSense employees, volunteers, contractors and any other individuals engaged in work within the School must hold a valid Working with Children Check and National Criminal Record Check as a condition of engagement.
Part 3 – Procedure
The Head of Education Strategy is responsible for ensuring that all NextSense School employees and volunteers undertake mandatory Safeguarding training and demonstrate an understanding of their legal and professional obligations to protect students from harm and to report any concerns in accordance with relevant legislation and organisational Child Protection procedures.
Activities may be delegated to other employees as outlined in this procedure; however, overall accountability remains with the Head of Education Strategy and is not transferred. In the absence of the Head of Education Strategy, responsibility for child protection training and awareness is delegated to the Head of School.
Recruitment
All NextSense staff and volunteers must be appropriately cleared to work with children as part of the recruitment process, including holding a valid Working with Children Check and
National Criminal Record Check. Clearance is verified by People and Culture, recorded in PeopleHub, and shared with the School for record-keeping purposes.
All employees are required to complete the ‘Safeguarding Training Education’ and ‘Introduction to Safeguarding’ modules, as well as the Australian Childhood Foundation ‘Safeguarding Children Mandatory Training’, via PeopleHub as part of their onboarding. This training must be completed prior to commencing work at NextSense School.
The ‘Safeguarding Training Education’ module is to be renewed annually at the NextSense School’s first Staff Development Day. The Australian Childhood Foundation ‘Safeguarding Children Mandatory Training’ is to be renewed every three years via PeopleHub and is monitored by People and Culture.
Annual school employees training
At the start of each school year, during the staff development day, all school staff complete the Safeguarding Training Education, ran by the Governance, Risk and Compliance Team. The NextSense Code of Conduct is reviewed and discussed by all staff during this day to remind them of their child protection obligations alongside our child protection policies. The meeting covers:
- responsibilities for reporting actual or suspected harm to a student
- review of the reporting triage flow chart
- requirement to attend session to review and acknowledge the following NextSense documents:
- Safeguarding policy (POL00001)
- Reportable conduct procedures (PRD00002)
- Mandatory reporting procedures (PRD00001)
- NextSense Code of Conduct (POL00009)
The Head of School maintains records of staff compliance through a Mandatory Requirements Register. All staff are required to update this register annually to reflect completion of required training. Staff who are absent from scheduled training must attend a follow-up session.
Employees are notified via People Hub email three months prior to the expiry of their Working With Children Check (WWCC), advising them to renew their clearance and upload the updated documentation. The Head of School is copied into these notifications.
Reminder emails are issued monthly until the WWCC has been renewed and recorded. If an employee’s WWCC expires and is not updated, they are not permitted to work until the renewal has been completed and verified.
Non-employee onboarding procedure
The People and Culture Team (P&C) must be notified of all proposed non-employee engagements, including the purpose of the visit and the scope of activities to be undertaken.
Based on this information, P&C will determine the compliance requirements that must be satisfied prior to the engagement commencing.
- One-Day Non-Employee Engagements
The following requirements must be completed prior to engagement:
- Valid photo identification
- Verified Working With Children Check (Volunteer)
- Sign-in and sign-out on the day of attendance
- Signed undertaking (inclusive of relevant policy requirements)
- Site orientation
- Appropriate supervision at all times
- External Providers
The following requirements must be completed prior to engagement:
- Valid photo identification
- Verified Working With Children Check
- Sign-in and sign-out on the day of attendance
- Signed undertaking (inclusive of relevant policy requirements)
- Site orientation
- Appropriate supervision at all times
- Certificate of Currency
- Teaching Programs
- Student Placements (1 – 10 Weeks)
All placements must be enrolled in PeopleHub (HRIS system).
The following requirements must be completed prior to engagement:
- ‘Welcome to NextSense’ onboarding
- 100 points of identification
- University Placement Agreement
- Certificate of Currency
- Criminal Record Check
- Verified Working With Children Check (Volunteer)
- Signed undertaking (inclusive of relevant policy requirements)
- Acknowledgement of required NextSense onboarding policies as relevant to placement scope
- Site orientation
- Sign-in and sign-out requirements
- Student Handbook acknowledgement
- IT requirements (subject to IT request form), including:
- Loan laptop access
- Access to selected drives
- Time limited ID/ email (subject to IT request form)
- Printer access/token
- Offboarding upon completion of placement
- Volunteers
The following requirements must be completed prior to engagement:
- ‘Welcome to NextSense’ onboarding
- 100 points of identification
- Criminal Record Check
- Verified Working With Children Check (Volunteer)
- Signed undertaking (inclusive of relevant policy requirements)
- Acknowledgement of required NextSense onboarding policies as relevant to arrangement
- Site orientation
- Sign-in and sign-out requirements
- Contractors
The following requirements must be completed prior to engagement:
- Service Level Agreement (SLA) and Independent Contractor Agreement
- 100 points of identification
- Evidence of qualifications
- Verified Working With Children Check
- NDIS Worker Screening Check and/or Criminal Record Check
- Acknowledgement of required NextSense onboarding policies as relevant to contracting role
- Site orientation
- Sign-in and sign-out
Record Keeping and Compliance Verification
All documentation, training and policy acknowledgements must be recorded (Undertakings checklist) and maintained under School Compliance.
Approval to Commence
Once all required checks and documentation have been verified, People and Culture will verify accreditation through eTams and provide approval to Head of School.
Part 4 – Related Documents
This procedure document should be read in conjunction with:
- Safeguarding policy (POL00001)
- Reportable conduct procedures (PRD00002)
- Mandatory reporting procedures (PRD00001)
- NextSense Code of Conduct (POL00009)
Part 5 – Procedure Status and Details
Document Reference: | PRD00048 |
Status: | Approved |
Endorsed by: | Head of Education Strategy |
Approval Authority: | Deputy Chief Executive, Chief Operating Officer |
Approval Date: | 30 March 2026 |
Issue Date: | 30 March 2026 |
Review Date: | 30 March 2029 |
Author: | Head of School |
Policy Owner: | Head of School |
Functional Unit: | Services (Education) |
Enquiries Contact: | Head of School |
Mandatory reporting procedures
Procedure Summary – Key Points
- NextSense requires all Staff to maintain the care and protection of children and vulnerable people as paramount.
- Mandatory reporting obligations arising under State and Territory child protection and criminal legislation as well as the National Disability Insurance Scheme Act 2013 (Cth) applies to a significant number of Staff employed or engaged by NextSense and there are significant penalties for non-compliance with legislative requirements.
- Pursuant to the NextSense Safeguarding Policy POL00001 all Staff are deemed mandatory reporters and must report any concerns in relation to the safety, welfare or wellbeing of a child or a vulnerable person to their Manager or their delegate as soon as practicable after becoming aware of the information.
- Staff are required to comply with the procedures set out in this document with respect to Mandatory Reporting of concerns to internal parties as well as applicable statutory bodies consistent with the State and/or Territory specific procedures, as applicable, and within the prescribed timeframe. Non-compliance with the reporting obligations may result in significant disciplinary outcomes including termination of employment or cessation of engagement with NextSense.
- Staff, in all jurisdictions, are personally liable under applicable criminal legislation for reporting child sexual abuse and other criminal matters to the relevant police authority. Where the information arises in the context of work, Staff must report the concern to their Manager in accordance with this document to satisfy their legal For any matters arising outside the context of work, Staff remain personally liable for ensuring compliance with the law.
- The Manager and other NextSense Staff with delegated authority must ensure relevant concerns are reported to applicable statutory bodies within the prescribed timeframe and that appropriate records are retained about the reported concern.
- Records relating to matters subject of this Procedures document must be confidentially retained at NextSense in a secure place, accessible only to Staff who require access for a work-related purpose.
Document Reference: | PRD00001 |
Status: | APPROVED |
Issue Date: | 19.12.2022 |
Policy Owner: | Director of People and Governance |
Functional Unit: | People & Governance |
Part 1 – Purpose
NextSense considers the safety, welfare and wellbeing of children and vulnerable people to be of paramount concern and applies a consistently high standard of compliance and accountability across all services that it offers.
All people employed or engaged by NextSense have a part to play in maintaining practices that create a culture of safety within which children and vulnerable people are supported and protected. NextSense ensure that it has practices in place that reflect best practice standards and legislative compliance in accordance with guidance available from statutory and regulatory bodies, applicable legislation, the National Child Safe Standards, applicable State Child Safe Standards, the National Disability Insurance Scheme (NDIS) Code of Conduct and the NDIS Practice Standards.
As a provider of services to children and vulnerable people, NextSense and certain classes of people employed or engaged by NextSense are subject to statutory requirements to report suspected child abuse as well as incidents pertaining to vulnerable people to appropriate statutory bodies. Under the NextSense Safeguarding Policy POL00001 all staff are deemed mandatory reporters and must report any concerns in relation to the safety, welfare or wellbeing of a child. As NextSense is a registered NDIS provider, under the NextSense Safeguarding Policy POL00001, all staff must also report any concerns in relation to the safety, welfare and wellbeing of a vulnerable person.
All reported concerns (including any complaints and allegations against people employed or engaged by NextSense) are assessed to determine whether it requires mandatory reporting to any statutory body. As a multi-disciplinary and nation-wide organisation, NextSense has obligations to report certain types of concerns relating to safety and wellbeing concerns about children and vulnerable people to the following bodies, as applicable:
- The NDIS Commission
- Australian Children’s Education and Care Quality Authority (ACECQA)
- NSW Early Learning Commission, NSW Department of Education
- Victorian Early Childhood Regulatory Authority (VECRA)
- The Department of Communities and Justice (NSW)
- The Office of the Children’s Guardian (NSW)
- Child Protection (VIC)
- The Department of Families, Fairness and Housing (VIC)
- Care and Protection Services (ACT)
- The Department of Territory Families, Housing and Communities (NT)
- State and Territory and Federal Police
This procedures document sets out the processes through which NextSense reports concerns raised, identified or disclosed to the responsible statutory body.
This document must be read in conjunction with the NextSense Safeguarding Policy POL00001, NextSense Grievance Policy POL00104, NextSense Code of Conduct Policy
POL00009, Reportable Conduct Procedures Victoria PRD00069 and Reportable Conduct Procedures New South Wales PRD00002.
Part 2 – Scope
This procedures document applies to all NextSense services including schools, pre-schools and kindergarten services and health and disability services. It also applies to all employees, affiliates, contractors and volunteers who are engaged by NextSense. Reference to Staff in this document is intended to cover all people that fall within the definition of Staff, as set out in Part 6 of this document.
Part 3 – Managing Mandatory Reporting under the NDIS
3.1Which service areas of NextSense does Part 3 of the Procedures apply to?
Any Staff providing services under the NDIS Scheme at NextSense must comply with Part 3 of the Procedures, in addition to any other reporting obligations set out in this document, as applicable.
3.2 Who is a mandatory reporter under the NDIS?
NextSense as a registered NDIS provider is obligated to notify the NDIS Commission of all Reportable Incidents (including alleged Reportable Incidents) that occur in connection with the provision of supports or services to clients under the NDIS scheme.
Pursuant to the NextSense Safeguarding Policy POL00001 all Staff must report any concerns in relation to the safety, welfare and wellbeing of a vulnerable person to their Manager or their delegate as soon as reasonably practicable after becoming aware of the information. It is the responsibility of the Manager to ensure the information is reported to a relevant member of the Senior Leadership Team for assessment regarding whether the information triggers mandatory reporting obligations to the NDIS Commission under the National Disability Insurance Scheme Act 2013 (Cth) and the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018.
3.3 What is required to be reported to the NDIS Commission?
NextSense must report any Reportable Incident that occurs or is alleged to have occurred in connection with the provision of supports and services under the NDIS Scheme. This includes:
- The death of a person with disability;
- Serious injury of a person with disability;
- Abuse or neglect of a person with disability;
- Unlawful sexual or physical contact with, or assault of, a person with disability;
- sexual misconduct, committed including grooming of the person with disability for sexual activity; or
- Use of restrictive practice in relation to a person with disability where the use is not in accordance with an authorisation (however described) of a state or territory in relation to
the person, or if it is used according to that authorisation but not in accordance with a behaviour support plan for the person with a disability.
If a person with disability discloses an incident that occurred in the past, the disclosure is to be treated in the same way as any other Reportable Incident, noting that the immediate response may differ.
3.4 What steps should be taken following a member of Staff becoming aware of any concerns in relation to the safety, welfare and wellbeing of a vulnerable person?
A member of Staff may become aware of a concern in relation to the safety, welfare and wellbeing of a vulnerable person, including (but not limited to) a Reportable Incident, in a number of ways, including witnessing signs of abuse, disclosure by a person with disability, witnessing the event and/or receiving the information from a third party.
When a member of Staff becomes aware of any concerns in relation to the safety, welfare and wellbeing of a vulnerable person (which may include concerns about a Reportable Incident) they must:
- Record the details of what the impacted person (or other person) has told them, using their exact words if possible. Do not interview the person, only record their reported concern and/or disclosure.
- Record what they have seen and heard, using the exact words heard and using factual and objective language. This includes a record of any following actions, as appropriate.
- Record details of any witnesses, however, be sure not to interview the witnesses and maintain confidentiality regarding the matter.
- Be sure not to interview the person who allegedly committed the abuse or notify them of the matter.
- Be sure not to include anything that was not directly seen or
- Be sure not to include opinions or
- Be sure not to promise the person reporting the concern that you will not notify authorities or the relevant NextSense personnel. If raised as a concern by the person, you must inform the person that you have mandatory reporting obligations under the law and that you are obligated to make reports irrespective of consent from the individual.
- Be sure to maintain confidentiality and only disclose the information to their Manager or a member of the Senior Leadership Team or another member of staff where the disclosure is reasonably necessary for the purposes of their role and ensuring legislative compliance and compliance with this Procedures document.
Staff must use the NextSense Mandatory Reporting Form for recording their notes. The member of Staff should give any notes taken in relation to the incident to their Manager as soon as it is reasonably practicable. Where the Manager is alleged to be involved in the incident, or there is a conflict of interest, the member of Staff should provide their notes to the relevant member of the Senior Leadership Team.
3.5 What must happen after a member of Staff reports the incident to the Manager?
The Manager or the member of the Senior Leadership Team must consider the reported information and conduct an initial risk assessment to identify and minimise:
- Risk to clients, victim/s of the allegation and others in the workplace;
- Risk to the member of Staff/s about whom the information relates (where applicable); and
- Risk to the procedural fairness of any subsequent
The Manager of the member of the Senior Leadership Team may consult with the Head of Quality, Compliance and Legal to determine appropriate actions as part of an initial risk assessment. This includes consideration of whether any report is required to other statutory bodies.
In certain circumstances (for example, where the incident relates to a person who is a minor or does not have legal capacity and is under the care of a guardian), consideration must be given to providing notification of the matter to the person’s parents and/or guardians, as appropriate. Where the matter requires reporting to a statutory body and there is a reasonable concern relating to the notification of information to the parent and/or guardians, consent to report information to the parent and/or guardians must be sought from the statutory body prior to releasing that information. The Manager or the member of the Senior Leadership Team must consult with the Head of Quality, Compliance and Legal if they are unsure regarding providing notification of the matter to the parent and/or guardian.
The Manager or the member of the Senior Leadership Team must provide all information received from the Staff member reporting the incident to the Head of Quality, Compliance and Legal. The Head of Quality, Compliance and Legal must consider the reported information and ensure compliance with the reporting obligations to the NDIS Commission, as applicable, within the prescribed times frames and document actions and maintain records in accordance with the NextSense Incident Management System.
The Chief Executive Officer of NextSense must be notified of any reports of a Reportable Incident as soon as reasonably practicable through the NextSense Incident Management System. If the information relates to the Chief Executive Officer of NextSense, it must be reported to the President of the Board.
The Board must be notified, by the Chief Executive Officer or their delegate, of any Reportable Incidents and kept updated, as applicable, with respect to any actions advised by the NDIS Commission in response to the Reportable Incident.
3.6 Consideration of reports to other statutory bodies
In some circumstances, a matter may require immediate reporting to the relevant State or Territory police and/or Child Protection Agencies, in addition to a report to the NDIS Commission. Reporting a serious incident or allegation to the NDIS Commission does not replace the reporting obligations of suspected crimes to the police and other relevant authorities.
Where the reported concern gives rise to a reasonable concern about a child being at risk of significant harm, immediate action must be taken to report the matter to the relevant child protection agency in accordance with Part 5 of this Procedures document.
Where the reported concern may be assessed as potentially being a criminal offence (or an allegation of a criminal offence) immediate action must be taken to report the matter to the relevant State, Territory of Federal police authority and appropriate records retained. No investigative or other action should be undertaken by NextSense (other than actions pertaining to additional reporting obligations to statutory bodies) until it receives clearance from police and/or child protection authorities.
The report to relevant child protection and/or police authorities can be done by the Manager or another authorised person of NextSense, with notification and consultation with the Head of Quality, Compliance and Legal, unless it is not reasonably practicable to do so in the circumstances. The Head of Quality, Compliance and Legal must be notified as soon as a report to the relevant child protection and/or police authorities has been made and provided with a copy of the report and relevant contact and reference details.
Making a report to child protection or police authorities does not restrict, limit or otherwise replace the obligation to notify the NDIS Commission of Reportable Incidents in accordance with these Procedures and within the prescribed timeframe.
3.7 How is a report about a Reportable Incident made to the NDIS Commission?
Where an assessment is made that the matter reported is a Reportable Incident, reportable to the NDIS Commission, the Head of Quality, Compliance and Legal as the Authorised Delegate of NextSense must submit an Immediate Notification Form via the NDIS Commission Portal within the required timeframes set out below:
Reportable Incident | Timeframe |
Death of a person with disability | 24 hours |
Serious injury of a person with disability including through use of a restrictive practice | 24 hours |
Abuse or neglect of a person with disability | 24 hours |
Unlawful sexual or physical contact with, or assault of a person with disability | 24 hours |
Sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity | 24 hours |
The use of a restrictive practice in relation to a person with disability if the use is not in accordance with a required state or territory authorisation and/or in accordance with a behaviour support plan | 5 business days |
If the Authorised Delegate is unable to access the NDIS Commission Portal, they must send an email notification to the NDIS Reportable Incidents Team within the prescribed timeframe set out above at reportableincidents@ndiscommission.gov.au.
The email notification to the NDIS Reportable Incidents Team should include the following information:
- The steps taken to complete the authorised notification form and the presenting issue;
- The name of the impacted person;
- Description of the immediate response and steps taken to ensure the impacted person was safe;
- Brief description of the reportable incident; and
- Whether other authorities, such as the police or child protection authorities, were
The email notification does not replace the obligation to submit an Immediate Notification Form on the NDIS Commission Portal as soon as practical. If the Authorised Delegate is unable to complete the online notification through the portal, they must contact the NDIS Commission on 1800 035 544.
3.8 Additional Reporting Requirements to the NDIS Commission
Following submission of the Immediate Notification Form on the NDIS Commission Portal, the Head of Quality, Compliance and Legal as the Authorised Delegate of NextSense, must submit a 5-Day Form within five business days via the ‘My Reportable Incidents’ on the NDIS Commission Portal.
Where required by the NDIS Commission, a Final Report, must be submitted on the NDIS Commission Portal with respect to the Reportable Incident.
3.9 What are the penalties if a report is not made in accordance with the National Disability Insurance Scheme Act 2013?
Failure to comply with the requirements to notify, investigate and manage Reportable Incidents is a breach of the National Disability Insurance Scheme Act 2013 (Cth) and a breach of NextSense’s conditions of registration as a registered NDIS provider. Non-compliance may lead to compliance and enforcement action by the NDIS Commission, including issuance of infringement notices, civil penalties and revocation of registration.
A Staff member’s failure to comply with the reporting obligations set out in the NextSense Safeguarding Policy POL00001, this Procedures document and related policies and procedures, is a serious breach and may result in disciplinary action, which may include termination of employment.
Part 4 – Managing Mandatory Reporting under the Children (Education and Care Services) National Law 2010 (the National Law)
4.1 Which service areas of NextSense does Part 4 of the Procedures apply to?
Any Staff providing services at a NextSense Preschool or Kindergarten must comply with Part 4 of the Procedures in addition to any other reporting obligations set out in this document, as applicable.
4.2 Who is a mandatory reporter under the National Law?
Pursuant to the Children (Education and Care Services) National Law Act 2010 (National Law) and the Education and Care Services National Regulations (National Regulations), an approved provider is required to notify the applicable Regulatory Authority of any serious incident, any complaint alleging that a serious incident has occurred or is occurring while a child was or is being educated or cared for by the approved provider.
NextSense is an approved provider of an education and care service (NextSense Preschools and Kindergarten) under the National Law. All Staff working in a NextSense Preschool and Kindergarten must comply with the reporting obligations set out in this document to enable NextSense to comply with the requiring obligations arising under the National Law.
4.3 Who are the Regulatory Authorities for NextSense Preschool and Kindergarten Services under the National Law?
The Australian Children’s Education and Care Quality Authority (ACECQA) is the independent national authority that assists in administering the National Quality Framework (NQF) for children’s education and care. The Regulatory Authorities are State and Territory based authorities that are responsible for ensuring that approved providers comply with the NQF.
NextSense operates preschools in NSW and a Kindergarten service in Victoria that fall within the scope of the NQF. The applicable Regulatory Authorities are as follows:
NSW
- NSW Early Learning Commission, NSW Department of Education
- Phone: 1800 619 113
- Email: information@earlylearningcommission.nsw.gov.au
Victoria
- Victorian Early Childhood Regulatory Authority (VECRA)
- Phone: 1300 307 415
- Email: vecra@education.vic.gov.au
4.4 What is required to be reported?
Under the Education and Care Services National Law Act 2010, NextSense must notify the applicable Regulatory Authority of any
- Serious incidents;
- Complaints alleging that a serious incident has occurred;
- Circumstances at the service which pose a risk to the health, safety or wellbeing of children; or
- Any incident or allegation that physical or sexual abuse of a child or children has occurred or is occurring while the child or children are being educated and cared for by the service (prescribed matters).
4.5 What are considered Serious Incidents under the National Law?
Under the National Regulations a serious incident is identified as any of the following;
- The death of a child while being educated and cared for by the service or following an incident while being educated and cared for by the service.
- Any incident involving a serious injury or trauma to a child while that child is being educated and cared for, which:
- a reasonable person would consider required urgent medical attention from a registered medical practitioner; or
- the child attended or ought reasonably to have attended a hospital g., broken limb
- any incident involving serious illness of a child while that child is being educated and cared for by a service for which the child attended, or ought reasonably to have attended, a hospital e.g., severe asthma attack, seizure or anaphylaxis reaction.
- Any emergency for which emergency services This means an incident, situation or event where there is an imminent or severe risk to the health, safety or wellbeing of a person at an education and care service. It does not mean an incident where emergency services attended as a precaution.
- Any circumstance where a child being educated and cared for by an education and care service appears to be missing or cannot be accounted for at the service, appears to have been taken or removed from the service in a manner that contravenes the National Regulations, or is mistakenly locked in or locked out of the service premises or any part of the premises.
4.6 Inappropriate Conduct Reporting Obligations under the National Law
In addition to the above, under the Education and Care Services National Law Act 2010, it is an offence for a staff member, volunteer, or contractor to engage in inappropriate conduct in relation to a child or in the presence of a child.
Inappropriate conduct means conduct a reasonable person would consider to be inappropriate in an education and care service. This conduct may include behaviour directed towards a child or conduct between staff that a child is witness to.
Where staff observe, suspect or receive information about conduct that may be considered inappropriate conduct, this must be reported immediately to your supervisor and managed in accordance with sections 4.7 to 4.9.
4.7 What steps should be taken following a member of Staff becoming aware of any concerns in relation to a serious incident or an allegation of a serious incident, or the safety, welfare and wellbeing of a child or other prescribed matters?
A member of Staff may become aware of a matter that triggers reporting obligations to the applicable Regulatory Authority, in a number of ways, including witnessing a serious incident, witnessing signs of abuse, disclosure by a child or another person, witnessing the event and/or receiving the information from a third party.
When a member of Staff becomes aware of any concerns in relation a student (which may include concerns about a serious incident or prescribed matters) they must:
- Record the details of what the child (or other person) has told them, using their exact words if Do not interview the child (or another person), only document what has been disclosed.
- Record what they have seen and heard, using the exact words heard and using factual and objective language. This includes a record of any following actions, as appropriate.
- Record details of any witnesses, however, be sure not to interview the witnesses and maintain confidentiality regarding the matter.
- Be sure not to interview the person who allegedly committed the abuse or notify them of the matter.
- Be sure not to include anything that was not directly seen or
- Be sure not to include opinions or
- Be sure not to promise the person reporting the concern that you will not notify authorities or the relevant NextSense personnel. If raised as a concern by the person, you must inform the person that you have mandatory reporting obligations under the law and that you are obligated to make reports irrespective of consent from the individual.
- Be sure to maintain confidentiality and only disclose the information to their Manager or a member of the Senior Leadership Team or another member of staff where the disclosure is reasonably necessary for the purposes of their role and ensuring legislative compliance and compliance with this Procedures document.
Staff must use the NextSense Mandatory Reporting Form for recording their notes. The member of Staff should give any notes taken in relation to the concern to their Manager, as soon as it is reasonably practicable. Where the Manager is alleged to be involved in the incident, or there is a conflict of interest, the member of Staff should provide their notes to the relevant member of the Senior Leadership Team.
4.8 What must happen after a member of Staff reports the matter (including information about a serious incident or a prescribed matter) to the Manager?
The Manager or the member of the Senior Leadership Team must consider the reported information and conduct an initial risk assessment to identify and minimise:
- Risk to children, victims of the allegation and others in the workplace;
- Risk to the member of Staff/s about whom the information relates (where applicable)
- Risk to the procedural fairness of any subsequent
In certain circumstances consideration must be given to providing immediate notification of the matter to the person’s parents and/or guardians, as appropriate. Where the matter requires reporting to a statutory body and there is a reasonable concern relating to the notification of information to the parent and/or guardians, consent to report information to the parent and/or guardians must be sought from the statutory body prior to releasing that information. The Manager or the member of the Senior Leadership Team must consult with the Head of Quality, Compliance and Legal/Head of Education Strategy if they are unsure regarding providing notification of the matter to the parent and/or guardian.
The Manager or the Member of the Senior Leadership Team may consult with the Head of Quality, Compliance and Legal/Head of Education to assess any immediate actions required to ensure the safety, welfare and wellbeing of children following receipt of any concerns in the workplace.
The Manager or the Member of the Senior Leadership Team must provide all information received from the Staff member reporting the incident to the Head of Quality, Compliance and Legal/Head of Education Strategy. The Head of Quality, Compliance and Legal/ Head of Education Strategy must consider the reported information and ensure compliance with the reporting obligations to the Regulatory Authority, as applicable, within the prescribed times frames and document actions and maintain confidential records.
The Chief Executive Officer of NextSense must be notified of any reports of a serious incident or an allegation of a serious incident or concerns pertaining to prescribed matters as soon as reasonably practicable through the NextSense Incident Management System. If the information relates to the Chief Executive Officer of NextSense, it must be reported to the President of the Board.
The Board must be notified, by the Chief Executive Officer or their delegate, of any serious incidents, allegations of serious incidents or prescribed matters and kept updated, as
applicable, with respect to any actions taken by NextSense in response to the reported concerns.
4.9 Consideration of reports to other statutory bodies
In some circumstances, a matter may require immediate reporting to the relevant State or Territory police and/or Child Protection Agencies, in addition to a report to the applicable Regulatory Authority. Reporting a serious incident or allegation of serious incident or information about a prescribed matter to the applicable Regulatory Authority does not replace the reporting obligations of suspected crimes to the police and other relevant authorities.
Where the reported concern gives rise to a reasonable concern about a child being at risk of significant harm, immediate action must be taken to report the matter to the relevant child protection agency in accordance with Part 5 of this Procedures document.
Where the reported concern may be assessed as potentially being a criminal offence (or an allegation of a criminal offence) immediate action must be taken to report the matter to the relevant State, Territory of Federal police authority and appropriate records retained. No investigative or other action should be undertaken by NextSense (other than actions pertaining to additional reporting obligations to statutory bodies) until it receives clearance from police and/or child protection authorities.
The report to relevant child protection and/or police authorities can be done by the Manager or another authorised person of NextSense, with notification and consultation with the Head of Quality, Compliance and Legal/ Head of Education Strategy, unless it is not reasonably practicable to do so in the circumstances. The Head of Quality, Compliance and Legal/ Head of Education Strategy must be notified as soon as a report to the relevant child protection and/or police authorities has been made and provided with a copy of the report and relevant contact and reference details.
Making a report to child protection or police authorities does not restrict, limit or otherwise replace the obligation to notify the applicable Regulatory Authority of matters reportable under the NQF in accordance with these Procedures and within the prescribed timeframe.
4.10 How is the report made to the applicable Regulatory Authority?
Where a serious incident has occurred, or a complaint about a serious incident is received or information pertaining to prescribed matters is reported, the Head of Quality, Compliance and Legal/Head of Education Strategy, as the authorised delegate of NextSense, must make an online notification to the applicable Regulatory Authority through the ACECQA National Quality Agenda IT System which can be accessed here.
Where there is additional information, or supporting evidence to be provided to supplement the notification to the applicable Regulatory Authority through the ACECQA National Quality Agenda IT System, the incident, injury, trauma and illness record template should be utilised.
The report must be made within the following prescribed timeframes:
- Information about a serious incident or any complaint alleging that a serious incident has occurred, while a child is being educated and cared for must be notified to applicable Regulatory Authority within 24 hours.
- Any circumstances that pose a risk to the health, safety or wellbeing of a child must be notified to the applicable Regulatory Authority within 7 days of the circumstances
- Any incident where there is a reasonable belief that physical or sexual abuse of a child or children has occurred or is occurring or there are allegations that physical or sexual abuse of a child or children has occurred or is occurring while the child is being educated and cared for by the service must be notified to the applicable Regulatory Authority within 24 hours of the information being reported to the service.
What are the penalties if a report is not made?
Failure to comply with the reporting obligations set out in Part 4 of this Procedures document may be in breach of the NQF and could result in enforcement action by the Regulatory Authorities, including issuance of pecuniary penalties.
A Staff member’s failure to comply with the reporting obligations set out in the NextSense Safeguarding Policy POL00001, this Procedures document and related policies and procedures, is a serious breach and may result in disciplinary action, which may include termination of employment.
Part 5: Managing Mandatory Reporting Obligations under State and Territory Child Protection Schemes
5.1 Which service areas of NextSense does Part 5 of the Procedures apply to?
Under the NextSense Safeguarding Policy POL00001, all Staff are deemed mandatory reporters and must report any concerns in relation to the safety, welfare or wellbeing of a child to their Manager or their delegate, irrespective of the whether they directly work with, or provide services to children at NextSense.
All Staff must comply with the reporting obligations set out in Part 5 of this Procedures document.
5.2 What is Mandatory Reporting under Child Protection Schemes?
There are specific State and Territory based legislation with respect to mandatory reporting obligations in each jurisdiction in which NextSense operates. This relates to reporting concerns to applicable statutory bodies about the safety and wellbeing of a child or a class of children and information about child abuse matters.
The principles of the United Nations Convention on the Rights of the Child (1989) underpin all of Australia’s child protection legislation. The Australian Human Rights Commission Act 1986 (Cth) provides guidance on how to uphold the principles in the Convention on the Rights of the Child. The ACT, Victoria and Queensland have human rights Acts or Charters that also guide their State or Territory child protection legislation and services. In addition, the principles outlined in the National Child Safe Standards (and State, where applicable) supplements child protection legislation and gives primacy to the safety, welfare and wellbeing of children and young people.
NextSense is committed to creating a safe environment for all children and ensure its processes adhere to the highest standard of accountability in establishing child safe communities and enforcing legislative compliance. The information specific to the State and Territory in which NextSense operates is set out within Part 5 of this Procedures document.
- 5A – New South Wales (NSW)
- 5B – Victoria
- 5C – Queensland
- 5D – Australian Capital Territory (ACT)
- 5E – Northern Territory (NT)
These steps must be followed by the Manager or the member of the Senior Leadership Team (as applicable) following receipt of information relating to the safety, welfare and wellbeing of a child or a class or children or information about child abuse matters.
5.3 What steps should be taken following a member of Staff becoming aware of any concerns in relation to the safety, welfare and wellbeing of a child or a class of children or information about child abuse matters?
A member of Staff may become aware of a matter that relates to the safety, welfare or wellbeing concerns of a child (including matters that may trigger reporting obligations to the applicable statutory child protection body), in a number of ways, including witnessing signs of abuse, disclosure by a child or another person, witnessing an event and/or receiving the information from a third party.
When a member of Staff becomes aware of any concerns in relation to the safety, welfare or wellbeing of a child or a class of children they must:
- Record the details of what the child (or other person) has told them, using their exact words if Do not interview the child (or another person), only document what has been disclosed.
- Record what they have seen and heard, using the exact words heard and using factual and objective language. This includes a record of any following actions, as appropriate.
- Record details of any witnesses, however, be sure not to interview the witnesses and maintain confidentiality regarding the matter.
- Be sure not to interview the person who allegedly committed the abuse or notify them of the matter (including if the reported concern relates to a member of Staff and/or the child’s parent or guardian).
- Be sure not to include anything that was not directly seen or
- Be sure not to include opinions or
- Be sure not to promise the person reporting the concern that you will not notify authorities or the relevant NextSense personnel. If raised as a concern by the person, you must inform the person that you have mandatory reporting obligations under the law and that you are obligated to make reports irrespective of consent from the individual.
- Be sure to maintain confidentiality and only disclose the information to their Manager or a member of the Senior Leadership Team or another member of staff where the disclosure is reasonably necessary for the purposes of their role and ensuring legislative compliance and compliance with this Procedures document.
The member of Staff should give any notes taken in relation to the concern to their Manager. Where the Manager is alleged to be involved in the incident, or there is a conflict of interest, the member of Staff should provide their notes to the relevant member of the Senior Leadership Team. Staff must use the NextSense Mandatory Reporting Form for recording their notes. The completed form must be provided to the Manager as soon as it is reasonably practicable.
If there is an imminent and urgent threat to a child’s wellbeing, including if the concern originates in the workplace, immediate action must be taken to remove the child from any imminent threat of harm. If the Manager or a more senior member of Staff is not readily available, notification to the police or the relevant Child Protection Authority must be made as soon as reasonably practicable. The matter must be reported to the Manager including all relevant information about steps taken by a member of Staff in the absence of the Manager.
In certain circumstances consideration must be given to providing immediate notification of the matter to the child’s parents and/or guardians, as appropriate. Where the matter requires reporting to a statutory body and there is a reasonable concern relating to the notification of information to the parent and/or guardians, guidance (and in some circumstances clearance) must be sought from the statutory body prior to releasing that information. The member of Staff or the Manager must consult with the Director of People & Culture or their delegate if they are unsure regarding providing notification of the matter to the parent and/or guardian.
5.4 What must happen after a member of Staff reports the matter to the Manager?
The Manager or the member of the Senior Leadership Team must consider the reported information and conduct an initial risk assessment to identify and minimise:
- Risk to children, victims of the allegation and others in the workplace;
- Risk to the member of Staff/s about whom the information relates (where applicable); and
- Risk to the procedural fairness of any subsequent
The Manager must assess the reported information to determine whether a Mandatory Report is required to the applicable statutory Child Protection Authority (and the Police) in accordance with the State and Territory procedures outlined below. In circumstances where mandatory reporting obligations are not triggered (for example if the staff member is not a mandatory reporter for the purposes of the legislation), the information may still be reported to the relevant child protection authorities if there is a reasonable concern for the safety, welfare or wellbeing of a child.
If a mandatory reporting obligation is triggered, the Manager must make a report to the relevant statutory body in accordance with these Procedures document and retain relevant records of the report. The copy of a report must be provided to the Director of People & Culture or their delegate for confidential record keeping at the head office and a copy must be retained on the child’s confidential file at the school or in the Client Management System.
If the Manager, following the procedures outlined below, is unsure whether a matter triggers mandatory reporting obligations, they should consult with the Director of People & Culture or their delegate, as soon as reasonably practicable and prior to making a report to a statutory body.
If the matter does not reach the threshold of a mandatory report, the Manager must consider appropriate strategies and reasonable supports that may be required to manage the wellbeing of the child under the care and supervision of NextSense.
Strict confidentiality must be maintained at all times, and information should only be shared with another member of Staff if it is reasonably necessary for work purposes.
5.5 What records must the Manager retain when making a report to a statutory body
The Manager (and any other person authorised by NextSense) must confidentially retain all relevant records when making a report to a statutory body (including Child Protection authorities and/or Police).
This includes (at a minimum):
- Date and Time of the report
- The person who original reported the information to the Manager
- Name of the LGA and the officer the report was made
- Reference number provided by the
- Details of the report (including name and date of birth of the child, any other person involved, and the information provided to the officer).
- Name and position of the person making the
- Copies of any information submitted to the statutory body. If the matter relates to child abuse material, the Manager must not make copies of the child abuse material, as doing so may constitute a criminal offence. The Manager must comply with all instructions provided by Police with respect to such matters and consult with the Director of People & Culture or their delegate if unsure about what information and/or access to devices can be provided to the Police.
5.6 Does mandatory reporting impact on NextSense’s duty of care obligations?
Mandatory reporting obligations do not cease or replace NextSense’s duty of care towards the child or young person, as relevant. Staff must ensure that the child (and their family) continues to be treated with care and respect and that they are not otherwise discriminated against with respect to access to services with NextSense. Strict confidentiality must be maintained at all times.
5.7 What are the penalties if a report is not made?
Non-compliance with mandatory reporting obligations under this Procedures document may be in breach of legislative obligations under relevant child protection legislation and criminal legislation whereby Staff may be held personally liable for the breach and subject to civil and criminal liability. Breach of the NextSense Safeguarding Policy POL00001 and this Procedures document may result in serious disciplinary action, which may include termination of employment or cessation of engagement with NextSense.
5A: New South Wales
5A.1: Who is a mandatory reporter under NSW child protection legislation?
The following Staff working in NSW are mandatory reporters under the Children and Young Persons (Care and Protection) Act 1998 (NSW):
- All health care professionals (including occupational therapists, speech therapists, psychologists, and other allied health professionals);
- All education staff (meaning all staff in NextSense Schools and pre-schools);
- All welfare staff (including psychologists and social workers); and
- Any person who holds a management position, the duties of which include direct responsibility for, or direct supervision of, the provision of health care, welfare, education or children’s services, wholly or partly, to children.
Reporting a concern relating to the safety, welfare or wellbeing of a child or young person to their Manager is accepted as evidence of compliance with personal obligations arising under NSW child protection legislation for mandatory reporters for matters arising in the context of work.
Under the NextSense Safeguarding Policy POL00001 all Staff working in NSW (including those not captured as a mandatory reporter under the legislation) are deemed as mandatory reporters under policy. This means that all Staff must report any concern regarding the safety, welfare or wellbeing of a child to their Manager for consideration of appropriate action. This may include reporting the concern to the relevant authorities under Children and Young Persons (Care and Protection) Act 1998 (NSW).
5A.2: Which statutory body is responsible for receiving mandatory reports under the NSW child protection legislation?
The Department of Communities and Justice, (DCJ NSW) is the responsible statutory body under the Children and Young Persons (Care and Protection) Act 1998 (NSW).
If the reported concern relates to a child abuse offence or a criminal matter, reports must also be made to the NSW Police in accordance with the Crimes Act 1900 (NSW).
5A.3: What is required to be reported?
Reports can be made to DCJ NSW about:
- Children and young people at risk of significant harm
- Unborn children at risk of significant harm
- Homeless children (aged under 16) and young people (aged 16 and 17)
In NSW, a child or young person is at Risk of Significant Harm (ROSH) if there are current concerns for the safety, welfare or wellbeing of the child or young person because of the existence of one or more of the following circumstances:
- The child or young person’s basic physical or psychological needs are not being
- The parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive necessary medical care.
- Where the child or young person is required to attend school, the parents or caregivers have not arranged or are unable to unwilling to arrange for the child or young person to receive an education in accordance with the Education Act 1990 (NSW).
- The child or young person has been, or is at risk of being physically, or sexually abused or ill-treated including where there are concerns relating to the child engaging in problematic sexualised behaviours.
- The child or young person is living in a household where there have been incidents of domestic violence and, as a consequence, the child or young person is at risk of serious physical or psychological harm.
- The child was the subject of a prenatal report and the birth mother did not engage successfully with support services.
The reporter does not need to be certain that the above circumstances are actually present. They only need to have a reasonable belief that the risk exists.
Significant, in this context, means serious enough to warrant a response by a statutory authority irrespective of a family’s consent. What is significant is not minor or trivial and may reasonably be expected to produce a substantial and demonstrably adverse impact on the child’s safety, welfare or wellbeing.
Under the NSW legislation, reporting of ROSH concerns is mandatory if it relates to a person aged between 0 to 15 years. NextSense requires reporting of ROSH concerns for all children and young persons (i.e., persons aged under 18 years).
5A.4: How is a mandatory report made?
The Manager (the Principal, the Director of a Preschool or Kindergarten or a site Manager, as applicable) will use the Mandatory Reporter Guide (MRG) to make the most appropriate reporting decision. A record of the MRG must be retained for the file, including where the assessment states that the concern does not meet the threshold for making a ROSH report to DCJ NSW.
If the concern meets the threshold for making a ROSH report to DCJ NSW, it can be done in one of two ways, as suggested by the MRG:
- By contacting the Child Protection Helpline on 132 111 (TTY 1800 212 936), if the suspected risk of significant harm is imminent or high (this number can be contacted 24 hours a day, 7 days a week); and/or
- Sending an eReport via the ChildStory online portal, if there is suspected risk of harm that is not imminent or high.
The Manager must ensure the matter is reported immediately (if it relates to an imminent risk of significant harm) or as soon as reasonably practicable (must be within 24 hours) if the suspected risk of harm is not imminent or high.
5A.5: Does the NSW Police require notification of matters relating to the safety, welfare or wellbeing of a child or young person?
If there is a concern that the child or young person is in immediate danger, NSW Police should be contacted immediately on 000. A report to DCJ is still required following notification to the NSW Police of the imminent concern. The NSW Police must be notified that NextSense has mandatory reporting obligations to DCJ and that NextSense will make an immediate report following notification to the NSW Police. There are mandatory reporting obligations to NSW Police regarding certain matters under the Crimes Act 1900 (NSW) for all adults in NSW.
Under section 316A (Failure to Report) of the Crimes Act 1900, all adults in NSW, who know, believe or reasonably ought to know that a child abuse offence has been committed, and fail to report the information to police as soon as it is practicable, are guilty of a criminal offence. The person is not guilty of an offence if they have reported the same matter to DCJ. Where the information is known in the context of work or arising from work, Staff will satisfy their obligation to report child abuse offences under the legislation if they report the information relating to a child abuse offence to their Manager as soon as reasonably practicable. The Manager must ensure compliance with the mandatory reporting obligations arising under the Crimes Act 1900 with respect to child abuse offences and ensure appropriate records are retained as evidence of report. Staff are personally liable under the Crimes Act 1900 for any information known to them that is not related to work, with respect to mandatory reporting obligations under section 316A, even if they share this information with their Manager.
In addition, it is also an offence (Failure to Protect) if a person in a position of authority within NextSense does not take any action (including where they are negligent in taking appropriate action) against a person working in the organisation, where they are aware of information about that person posing a serious risk of abusing a child (section 43B of the Crimes Act 1900). Where a Manager becomes aware of any such information about a member of Staff, they have a legal obligation to report the matter immediately to the relevant member of the Senior Leadership Team and the Director of People & Culture or their delegate and follow all reasonable and lawful directions of NextSense.
5A.6: What happens after a ROSH report is made?
Once a ROSH report is made to DCJ, a child protection caseworker will assess what action needs to be taken and may ask the reporter for additional information.
Under certain circumstances, additional relevant information (for example information that is not directly related to the matter subject of the ROSH report but is relevant information about the child’s wellbeing) may be shared with DCJ (verbally and in writing) under Chapter 16A of the Children and Young Persons Care and Protection Act 1988 (NSW). If the Manager is unsure whether additional information can be shared, they must consult with the Director of People & Culture or their delegate prior to disclosing additional information.
5A.7: Consideration of reports to other statutory bodies
In addition to reporting obligation to DCJ NSW and the NSW Police, there may be circumstances where the concern triggers additional reporting obligations to the NDIS Commission (as set out in Part 3 of this Procedures document), the relevant Regulatory Authority under NQF (as set out in Part 4 of this Procedures document) and/or to the NSW Office of the Children’s Guardian in accordance with the NextSense Safeguarding Policy POL00001 and the Reportable Conduct Procedures New South Wales PRD00002 document. Reporting to one statutory body does not restrict, limit or otherwise replace the obligation to report to another statutory body in accordance with the applicable Policies and Procedures and within the prescribed timeframes.
5B: Victoria
5B.1: Who is a mandatory reporter under Victorian child protection legislation?
The following Staff working in Victoria are mandatory reporters under the Children Youth and Families Act 2005 (Vic):
- All persons registered as teachers or early childhood teachers under the Education and Training Reform Act 2006 or have been granted permission to teach under that Act;
- All persons providing education and care to children;
- The nominated supervisor of, or a person with post-secondary qualification in the care, education or minding of children who is employed to provide an education and care service to children;
- All persons who work in the health, education, community or welfare services field who hold a post-secondary qualification in youth, social or welfare work; and
- All registered
Under the NextSense Safeguarding Policy POL00001 all Staff working in Victoria (including those not captured as a mandatory reporter under the legislation) are deemed as mandatory reporters under policy. This means that all Staff must report any concern regarding the safety, welfare or wellbeing of a child to their Manager for consideration of appropriate action. This may include reporting the concern to the relevant authorities under Children Youth and Families Act 2005 (Vic).
5B.2: Which statutory body is responsible for receiving mandatory reports under the Victorian child protection legislation?
The Child Protection Service with the Department of Families, Fairness and Housing (DFFH, VIC) is the responsible statutory body under the Children Youth and Families Act 2005 (Vic).
If the reported concern relates to child sexual abuse, child abuse offence or neglect reports must also be made to Victoria Police in accordance with the Crimes Act 1958 (Vic).
5B.3: What is required to be reported?
All mandatory reporters must make a report to the Child Protection Services (DFFH, VIC) and to Victoria Police as soon as practicable, if during the course of carrying out their professional roles and responsibilities, they form a belief on reasonable grounds that a child has suffered, or is likely to suffer, significant harm as a result of physical abuse and/or sexual abuse, and the child’s parents have not protected or is unlikely to protect the child from harm of that type. A belief is a belief on reasonable grounds if a reasonable person, doing the same work, would have formed the same belief on those grounds.
In addition to the mandatory reports with respect to significant harm as a result of physical or sexual abuse, NextSense requires a report to be made to Child Protection Services (DFFH, VIC) with respect to the following types of significant harm:
- Emotional or intellectual development
- Physical development or health
- Abandonment or parent
Any information about a child being at significant harm, including harm or likely harm from another child, must also be reported to Child Protection Services (DFFH, VIC).
Where a mandatory reporter holds concerns for a child’s wellbeing but does not believe the concerns meet the threshold of the child being at risk of significant harm, a referral should be made to Child FIRST or The Orange Door.
5B.4: How is the report made to Child Protection Services (DFFH, VIC)?
To make a report to Child Protection Services (DFFH, VIC), the Manager (the Principal, the Director of a Preschool or Kindergarten or a site Manager, as applicable), should contact the intake service covering the Local Government Area (LGA) where the child normally resides.
If the report is being made during business hours (8:45am-5pm, Monday to Friday) the appropriate numbers are as follows:
Local Government Area Intake | Phone Number |
North Division | 1300 598 521 |
South Division | 1300 555 526 |
East Division | 1300 360 452 |
West Division | 1300 360 462 |
If the report concerns the immediate safety of a child outside of normal business hours the Manager must make the report to After Hours Child Protection Emergency Service on 13 12 75.
The Manager must ensure the matter is reported immediately (if it relates to an imminent risk of significant harm) or as soon as reasonably practicable (must be within 24 hours) of forming the belief that the child is at risk of harm.
A Child Protection Report cannot be made via the website or email. The Manager is responsible for ensuring appropriate records are confidentially retained with respect to the report.
5B.5: Does Victoria Police require notification of matters relating to significant harm or likely harm to a child?
If there is a concern that the child is in immediate danger, Victoria Police should be contacted immediately on 000. Matters relating to child abuse and neglect can be reported to the Police Sexual Offences and Child Abuse Investigation Teams (SOCIT) through the relevant local police command.
A report to Child Protection Services (DFFH, VIC) is still required following notification to Victoria Police of the imminent concern. Victoria Police must be notified that NextSense has mandatory reporting obligations to Child Protection Services (DFFH, VIC) and that NextSense will make an immediate report following notification to Victoria Police.
There are mandatory reporting obligations to Victoria Police regarding certain matters under the Crimes Act 1958 (Vic) for all adults in Victoria.
Under section 327 of the Crimes Act 1958 all adults in Victoria (not just professionals who work with children) who form a reasonable belief that another adult may have committed a sexual offence against a child under 16 years of age must report the information to Victoria Police. Failure to do so constitutes a criminal offence (Failure to Disclose) and Staff can be held personally liable and personally prosecuted for a breach of this law. Where the information is known in the context of work or arising from work, Staff will satisfy their obligation to report child sexual offences under the legislation if they report the information relating to a child sexual offence to their Manager as soon as reasonably practicable. The Manager must ensure compliance with the mandatory reporting obligations arising under the Crimes Act 1958 with respect to child sexual offences and ensure appropriate records are retained as evidence of report.
Staff are personally liable under the Crimes Act 1958 for any information known to them that is not related to work, with respect to mandatory reporting obligations under section 327, even if they share this information with their Manager.
Under section 49O of the Crimes Act 1958, it is an offence (Failure to Protect) for a person in a position of authority within an organisation who knows of a substantial risk that a child under the age of 16, under the care, supervision or authority of the organisation, will become a victim of a sexual offence committed by an adult associated with the organisation (for example any Staff member or visitor), and negligently fails to remove or reduce the risk of harm. Where a Manager becomes aware of any such information about a member of Staff or visitor, they have a legal obligation to report the matter immediately to the relevant member of the Senior Leadership Team and the Director of People & Culture or their delegate and follow all reasonable and lawful directions of NextSense.
5B.6: What happens after a report is made?
Once a report is made to Child Protection Services (DFFH, VIC), a child protection caseworker will assess what action needs to be taken and may ask the reporter for additional information.
Under certain circumstances, additional relevant information may be requested by Child Protection Services (DFFH, VIC). Sharing of information with Child Protection Services (DFFH, VIC) in good faith is protected under the Children Youth and Families Act 2005 (Vic) and the Privacy and Data Protection Act 2014 (Vic). Where required for a relevant matter, information may be requested and/or shared with a prescribed Information Sharing Entity (such as kindergartens, schools, DFFH Child Protection and Victoria Police) pursuant to the Act and the Child Wellbeing and Safety (Information Sharing) Regulations 2018 (Vic). If the Manager is unsure whether additional information can be shared, they must consult with the Director of People & Culture or their delegate prior to disclosing additional information.
5B.7: Consideration of reports to other statutory bodies
In addition to reporting obligation to Child Protection Services (DFFH, VIC) and Victoria Police, there may be circumstances where the concern triggers additional reporting obligations to the NDIS Commission (as set out in Part 3 of this Procedures document), the relevant Regulatory
Authority under NQF (as set out in Part 4 of this Procedures document) and/or to the Social Services Regulator (SSR) in accordance with the NextSense Safeguarding Policy POL00001 and the Reportable Conduct Procedures Victoria PRD00069. Reporting to one statutory body does not restrict, limit or otherwise replace the obligation to report to another statutory body in accordance with the applicable Policies and Procedures and within the prescribed timeframes.
5C: Queensland
5C.1: Who is a mandatory reporter under Qld child protection legislation?
The following roles are considered as being mandatory reporters under the Child Protection Act 1999 (Qld):
- Teachers and Early childhood education and care professionals
- Doctors and Registered nurses
- Police officers with child protection responsibilities
- A person performing a child advocate function under the Public Guardian Act 2014
Although NextSense does not currently engage any persons who are mandatory reporters for the purposes of the Child Protection Act 1999 (Qld), all Staff working in Queensland are deemed mandatory reporters under the NextSense Safeguarding Policy POL00001. This means that all Staff must report any concern regarding the safety, welfare or wellbeing of a child to their Manager for consideration of appropriate action. This may include reporting the concern to the relevant authorities under section 13A of the Child Protection Act 1999 (Qld).
5C.2: Which statutory body is responsible for receiving reports under the Qld child protection legislation?
Child Safety Services, Department of Children, Youth Justice and Multicultural Affairs is the responsible statutory body under the Child Protection Act 1999 (Qld).
If the reported concerns relate to a child abuse offence or a criminal matter, reports must also be made to Qld Police in accordance with the Criminal Code Act 1899 (Qld).
5C.3: What is required to be reported?
Any information about a child who has been significantly harmed or is at risk of being significantly harmed, must be reported. Harm is any detrimental effect of a significant nature on the child’s psychological or emotional well-being. It is immaterial how it was caused.
This includes where there is a reasonable belief that a child has been a victim of child abuse or is likely to become a victim of child abuse. Child abuse includes physical, sexual, emotional abuse and neglect.
5C.4: How is the report made?
The Manager may use the Child Protection Guide to assist them in deciding whether a report is required to be made to Child Safety Services. The Manager will contact Qld Child Safety Services by telephone or via the online reporting form. When using the online reporting form, the Manager must select the option of making a report under section 13A of the Child Protection Act 1999 (Qld).
During normal business hours contact should be made with the appropriate regional intake service depending on the area the child resides in.
Regional Intake Service: | Phone Number: |
Brisbane and Moreton Bay | 1300 682 254 |
Far North Queensland | 1300 684 062 |
North Queensland | 1300 706 147 |
South East (Logan, Gold Coast and Bayside) | 1300 679 849 |
South West (Darling Downs) | 1300 683 390 |
South West (West Moreton) | 1800 316 855 |
Sunshine Coast and Central Queensland | 1300 703 762 |
After hours and on weekends Child Safety After Hours Service Centre can be contacted on 1800 177 135.
The Manager must ensure the matter is reported immediately (if it relates to an imminent risk of significant harm) or as soon as reasonably practicable (must be within 24 hours) if the suspected risk of harm is not imminent or high.
5C.5: Does Qld Police require notification of matters relating to child who has been significantly harmed or is at risk of significant harm?
If there is a concern that a child is in imminent danger, Qld Police should be contacted immediately on 000. A report to Qld Child Safety Services can be made following notification to Qld Police of the imminent concern.
There are mandatory reporting obligations to Qld Police regarding certain matters under the Criminal Code Act 1899 (Qld). Under section 228BB of the Criminal Code Act 1899 (Qld), where an adult has the power and responsibility to reduce or remove the risk of child sexual assault in an institutional setting and fails to do so, they have committed a crime (Failure to Protect). Where a Manager becomes aware of any such information about a member of Staff, they have a legal obligation to report the matter immediately to the relevant member of the Senior Leadership Team and the Director of People & Culture or their delegate and follow all reasonable and lawful directions of NextSense.
Under section 229BC of the Criminal Code Act 1899 (Qld), where an adult has information that causes them to form a belief on reasonable grounds that a child sexual offence is being or has been committed against a child under the age of sixteen (16) and fails to disclose this information to a police officer as soon as reasonably possible commits a misdemeanour (Failure to Report).
Where the information is known in the context of work or arising from work, Staff will satisfy their obligation to report child abuse offences under the legislation if they report the information relating to a child abuse offence to their Manager as soon as reasonably practicable. The Manager must ensure compliance with the mandatory reporting obligations arising under the Criminal Code Act 1899 (Qld) with respect to child abuse offences and ensure appropriate records are retained as evidence of report.
Staff are personally liable under the Criminal Code Act 1899 (Qld) for any information known to them that is not related to work, with respect to mandatory reporting obligations under section 229BC, even if they share this information with their Manager.
5C.6: Consideration of reports to other statutory bodies
In addition to reporting concerns to Qld Child Safety Services and Qld Police, there may be circumstances where the concern triggers additional reporting obligations to the NDIS Commission (as set out in Part 3 of this Procedures document). Reporting to one statutory body does not restrict, limit or otherwise replace the obligation to report to another statutory body in accordance with the applicable Policies and Procedures and within the prescribed timeframes.
5D: Australian Capital Territory
5D.1: Who is a mandatory reporter under ACT child protection legislation?
Under section 356 of the Children and Young People Act 2008 (ACT) the following people are considered mandatory reporters:
- Doctor, dentist, nurse and psychologists
- Teachers and staff working in schools and early childhood services
- Police officers
- Any person who, in the course of their employment has contact with or provides services to children and their families and is prescribed.
Under the ACT child protection legislation, any other adult person who suspects or believes on reasonable grounds that a child or young person is experiencing abuse or neglect or they wish to discuss concerns about a child or young person can contact the statutory body.
All Staff working in the ACT are deemed mandatory reporters under the NextSense Safeguarding Policy POL00001. This means that all Staff must report any concern regarding the safety, welfare or wellbeing of a child to their Manager for consideration of appropriate action. This may include reporting the concern to the relevant authorities under the Children and Young People Act 2009 (ACT).
5D.2: Which statutory body is responsible for receiving reports under the ACT child protection legislation?
Child and Youth Protection Services (CYPS) is the responsible statutory body under the Children and Young People Act 2008 (ACT). If the reported concerns relate to a child abuse offence or a criminal matter, reports must be made to ACT Police in accordance with the Crimes Act 1900 (ACT).
5D.3: What is required to be reported?
A mandatory reporter is required to report if they believe on reasonable grounds that a child or young person has experienced or is experiencing abuse or neglect. This includes concerns relating to sexual abuse and physical abuse, including non-accidental physical injury and exposure to family violence.
5D.4: How is the report made?
The Manager can make a report to CYPS of any matters that give rise to a reasonable belief that a child or young person has or is experiencing abuse or neglect. A report can be made as follows:
- General public line (available 24 hours): 1300 556 729 (for non-mandatory reporters as defined under the ACT child protection legislation)
- Mandatory reporters’ line (available 24 hours): 1300 556 728 (only to be used if the matter triggers a mandatory report under the ACT child protection legislation)
- Online by completing and submitting a Child Concern Report.
The Manager must ensure the matter is reported immediately (if it relates to an imminent risk of significant harm) or as soon as reasonably practicable (must be within 24 hours) if the suspected risk of harm is not imminent or high. The online report option should not be used for reporting concerns about imminent risks that require an immediate response.
5D.5: Does ACT Police require notification of matters relating to a child who has experienced or is experiencing abuse or neglect?
If there is a concern that a child is in imminent danger, ACT Police should be contacted immediately on 000. Any other concern about a child at risk of harm that may constitute a criminal offence a report can be made by calling ACT Policing on 131 444.
Under section 66AA of the Crimes Act 1900 (ACT), failure to report child sexual abuse to ACT Police is a criminal offence for any person who knows believes or reasonably ought to know that a sexual offence has been committed against a person who was under the age of 18 at the time the offence was committed (Failure to Report).
If a report is made to CYPS because of mandatory reporting obligations arising under the Children and Young People Act 2008 (ACT), the same information does not need to be separately reported to ACT Police to discharge the reporting obligations arising under section 66AA.
If a voluntary report is made to CYPS, a separate report must be made to ACT Police to satisfy the reporting obligations arising under section 66AA.
Where the information is known in the context of work or arising from work, Staff will satisfy their obligation to report child sexual abuse offences under the legislation if they report the information relating to a child sexual abuse offence to their Manager as soon as reasonably practicable. The Manager must ensure compliance with the mandatory reporting obligations arising under the Crimes Act 1900 (ACT) with respect to child sexual abuse offences and ensure appropriate records are retained as evidence of report.
Staff are personally liable under the Crimes Act 1900 (ACT) for any information known to them that is not related to work, with respect to mandatory reporting obligations under section 66AA, even if they share this information with their Manager.
In addition, under section 66A of the Crimes Act 1900 a Failure to Protect offence occurs where an adult holds a position in authority in an organisation, is aware that there is a substantial risk that an adult associated with the organisation will sexually abuse a person under 16 years old, or another person in authority poses a substantial risk of sexually abusing a person who is 16 years old or older but not yet an adult (18 year old), as a result of their position, has the power to reduce or remove this risk and fails to reduce or remove the risk. Where a Manager becomes aware of any such information about a member of Staff, they have a legal obligation to report the matter immediately to the relevant member of the Senior Leadership Team and the Director of People & Culture or their delegate and follow all reasonable and lawful directions of NextSense.
5D.6: Consideration of reports to other statutory bodies
In addition to reporting concerns to CYPS and ACT Police, there may be circumstances where the concern triggers additional reporting obligations to the NDIS Commission (as set out in Part 3 of this Procedures document). Unless otherwise explicitly noted in this document, reporting to one statutory body does not restrict, limit or otherwise replace the obligation to report to another statutory body in accordance with the applicable Policies and Procedures and within the prescribed timeframes.
5E: Northern Territory
5E.1: Who is a mandatory reporter under NT child protection legislation?
All adults in the Northern Territory are considered mandatory reporters.
Territory Families Housing and Communities is the responsible statutory body under the Care and Protection of Children Act 2007 (NT). Mandatory reports can also be made to NT Police.
5E.2: Which statutory body is responsible for receiving reports under the NT child protection legislation? Territory Families Housing and
Territory Families Housing and Communities is the responsible statutory body under the Care and Protection of Children Act 2007 (NT). Mandatory reports can also be made to NT Police.
5E.3: What is required to be reported?
Any information about a child who has suffered or is likely to suffer harm, abuse or neglect must be reported. This includes concerns relating to physical harm, sexual harm, emotional harm or exposing a child to violence.
Territory Families Housing and Communities or the NT Police must also be contacted if a person believes on reasonable grounds that:
- A child aged less than 18 years has suffered or is likely to suffer harm or
- A child aged less than 14 years has been or is likely to be a victim of a sexual
- A child aged less than 18 years has been or is likely to be a victim of sexual intercourse or gross indecency whilst under a person’s ‘special care’
A ‘special care includes the following relationships:
- Step-parent, guardian or foster parent of the victim;
- School teacher and victim is a pupil of the offender
- Established personal relationship in connection with care or instruction or supervision;
- Officer at a correctional institution at which the victim is detained
- Health professional where the victim is a patient or client of the
A registered health practitioner working in NT has an additional mandatory reporting obligation if they believe on reasonable grounds that a child aged 14 or 15 years old has been or is likely to be a victim of a sexual offence and the age difference between the child and the sexual offender is greater than 2 years.
5E.4: How is the report made?
The Manager must contact Child Protection Reporting on 1800 700 250 to report suspected child abuse.
A report can also be made to NT Police by contacting 131 444 or at the local police station. If the report concerns the immediate safety of a child, the Manager must contact NT Police immediately.
The Manager must ensure the matter is reported immediately (if it relates to an imminent risk of significant harm) or as soon as reasonably practicable (must be within 24 hours) of forming the belief that the child is at risk of harm.
A Mandatory Report cannot be made via email. The Manager is responsible for ensuring appropriate records are confidentially retained with respect to the report.
Where the information is known in the context of work or arising from work, Staff will satisfy their obligation to report child abuse offences under the legislation if they report the information relating to a child abuse offence to their Manager as soon as reasonably practicable. The Manager must ensure compliance with the mandatory reporting obligations with respect to child abuse offences and ensure appropriate records are retained.
Staff are personally liable under the Care and Protection of Children Act 2007 (NT) for any information known to them that is not related to work, with respect to mandatory reporting obligations even if they share this information with their Manager.
5E.5: Consideration of reports to other statutory bodies
In addition to the reporting concerns to Territory Families Housing and Communities and NT Police, there may be circumstances where the concern triggers additional reporting obligations to the NDIS Commission (as set out in Part 3 of this Procedures document). Unless otherwise explicitly noted in this document reporting to one statutory body does not restrict, limit or otherwise replace the obligation to report to another statutory body in accordance with the applicable Policies and Procedures and within the prescribed timeframes.
Part 6 – Definitions
Term | Definition |
Affiliate | A person employed by an external entity who is formally affiliated with NextSense to conduct work as required by NextSense. (Children’s Hospital employees) |
Allegation of Reportable Conduct in NSW | Pursuant to section 20 of the Children’s Guardian Act 2019 (NSW), an allegation of reportable conduct includes: § allegations of a sexual offence; § sexual misconduct; § ill-treatment of a child; § neglect of a child; § an assault against a child; § an offence under section 43B (failure to protect) or section 316A (failure to report) of the Crimes Act 1900 (NSW); or § behaviour that causes significant emotional or psychological harm to a child. |
Allegation of Reportable Conduct in Victoria | Pursuant to section 3 of the Child Wellbeing and Safety Act 2005 (Vic), an allegation of reportable conduct includes: § a sexual offence committed against, with or in the presence of, a child, whether or not a criminal proceeding in relation to the offence has been commenced or concluded; § sexual misconduct, committed against, with or in the presence of, a child; § physical violence committed against, with or in the presence of, a child; § any behaviour that causes significant emotional or psychological harm to a child; or § significant neglect of a child. |
Child/Children | Some State and Territory legislation define a child as any person under the age of sixteen (16) years of age. For the purposes of this document, a reference to a child means any person under the age of eighteen (18) years of age, unless the context in which the |
Term | Definition |
| word is used, denotes a difference between the reference to a child and to a young person. |
Manager | Means a workplace manager or supervisor, or their delegate, as appropriate. |
Mandatory Reporting | Means legislated reporting obligations with respect to the safety and wellbeing concerns about a child or a class of children and child abuse matters to relevant statutory bodies in the applicable State and Territories. This extends to mandatory reporting requirements for potential criminal matters to the applicable State, Territory or Federal police. |
Reportable Conduct | Means any allegation that is captured within the Reportable Conduct Scheme in New South Wales and Victoria, as applicable to NextSense and its Staff and reportable to the Office of the Children’s Guardian NSW (OCG) and the Social Services Regulator (SSR) in Victoria, respectively. As it is an allegation-based scheme, findings that the alleged conduct did in fact occur is not required for the purposes of NextSense reporting the allegation |
Reportable Incident (NDIS) | Pursuant to section 73Z(4) of the National Disability Insurance Scheme Act 2013 (Cth) a reportable incident is an incident that occurs or is alleged to have occurred in connection with the provision of supports or services by a registered NDIS provider and includes: § The death of a person with disability; § Serious injury of a person with disability; § Abuse or neglect of a person with disability; § Unlawful sexual or physical contact with, or assault of, a person with disability; § Sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity; or § The use of a restrictive practice in relation to a person with disability, other than where the use is in accordance with an authorisation (however described) of a State or Territory in relation to the person. Reportable Incident also captures allegations of the incidents described above. |
Staff | Includes paid employees (whether employed on a permanent, temporary or casual basis), affiliates, volunteers, contractors, tertiary students, and trainees. |
Vulnerable people/person | Means a child, or a person above the age of 18 years, who is, or may be in need of care services, or unable to take care of themselves, or protect themselves from harm or exploitation by reason of age, illness, trauma, |
Term | Definition |
| disability, or any other reason. The definition, for the purposes of this policy, includes a person with disability who requires no or minimal additional supports to ensure they can access general safeguards to an extent equal to other members of the community. |
Young Person | Where expressly referred to in this document, a young person is considered to be a person who is over the age of sixteen (16) but is under the age of 18 (eighteen). |
Part 7 – Related Documents
This policy document should be read in conjunction with:
Internal Related Policies and Procedures
- Reportable Conduct Procedures New South Wales PRD00002
- Reportable Conduct Procedures Victoria PRD00069
- NextSense Code of Conduct Policy POL00009
- Statement of commitment to the safety of children and vulnerable people
- NextSense Grievance Policy POL00104
- Incident Management Policy POL00047
Any other applicable NextSense Policies and Procedures document.
Legislation
- Care and Protection of Children Act 2007 (NT)
- Child Protection (Working with Children) Act 2012 (NSW)
- Child Protection (Working with Children) Regulation 2012 (NSW)
- Child Protection Act 1999 (Qld)
- Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021 (Vic)
- Child Wellbeing and Safety Act 2005 (Vic)
- Child Wellbeing and Safety Amendment (Child Safe Standards) Act 2015 (Vic)
- Child Youth and Families Act 2005 (Vic)
- Children (Education and Care Services) National Law 2010 (Cth)
- Children and Young People Act 2008 (ACT)
- Children and Young Persons (Care and Protection) Act 1998 (NSW)
- Children and Young Persons (Care and Protection) Regulation 2012 (NSW)
- Children Youth and Families Act 2005 (Vic)
- Children’s Guardian Act 2019 (NSW)
- Crimes Act 1900 (ACT)
- Crimes Act 1900 (NSW)
- Crimes Act 1958 (Vic)
- Criminal Code Act 1899 (Qld)
- Criminal Code Act 1983 (NT)
- Education Act 1990 (NSW)
- National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 (Cth)
- National Disability Insurance Scheme Act 2013 (Cth)
Part 8 – Procedure Status and Details
Document Reference: | PRD00001 |
Status: | APPROVED |
Endorsed by: | Senior Leadership Team |
Approval Authority: | Chief Executive |
Signature of Approval Authority: |
|
Approval Date: | 13.12.2022 |
Issue Date: | 19.12.2022 |
Review Date: | 19.12.2024 |
Retirement Date: | Not applicable |
Author: | People & Governance |
Policy Owner: | Director, People & Governance |
Functional Unit: | People & Governance |
Enquiries Contact: | Head of Quality Compliance and Legal |
