Care

Some children, young people and other vulnerable people may have medical conditions or health needs that may require monitoring or support, or that impact their ability to engage and participate in the service, program, facility, or activity. For example:

Asthma

People with asthma may have:

• known triggers e.g. exercise, specific weather conditions, pollen, dust, smoke, animals, deodorants, certain foods
• strategies to mitigate triggers, flare ups or attacks
• preventative and/or reliever medications
• specific signs or symptoms that may indicate an asthma flare up or attack e.g. shortness of breath, chest tightness, cough
• specific instructions to follow during an asthma flare up or attack.

Diabetes

People with diabetes may require:

• monitoring of blood glucose levels
• administration of insulin and/or glucagon
• timing and management of meals
• careful planning of special activities
• planning and management of emergencies such as hypoglycaemia (hypo) (low blood glucose) and hyperglycaemia (hyper) (high blood glucose).

Epilepsy

People with epilepsy may have:

• triggers that may lead to seizures e.g. lack of sleep, stress, infection or illness, and bright, flashing or flickering lights
• specific signs that may indicate a seizure could occur
• anti-seizure and emergency medication
• specific care, support and needs during and after a seizure.

In order to effectively and safely manage these and other medical conditions, the individual or organisation may need to work collaboratively with the person and their health professionals to develop and implement a Health Support Plan.

Some children, young people and other vulnerable people may have allergies or be at risk of anaphylaxis. These need to be carefully managed when they engage and participate in the service, program, facility, or activity.

The allergies may relate to food such as dairy products, egg, peanuts, tree nuts, sesame, fish, wheat, soy and meat from mammals (e.g. beef, pork, lamb).

The allergies may relate to things in the environment such as dust mites, mould, pollen, insect stings, animal fur and feathers.

The allergies may also relate to particular products such as medication or latex.

A mild to moderate allergic reaction may result in symptoms such as hives or welts, swelling of the face and/or eyes, tingling in the mouth, or swelling of the lips.

An anaphylactic reaction may result in severe symptoms such as difficulty breathing, swelling of the tongue, swelling or tightness in the throat, difficulty talking or a hoarse voice, wheeze or persistent cough, dizziness, collapse, abdominal pain and/or vomiting. It can also result in young children being pale and floppy.

It is imperative that the individual or organisation take reasonable steps to:

• identify the individual children, young people and other vulnerable people that have allergies or may be at risk of anaphylaxis
• identify, assess and manage the risks of exposure to these allergens
• be prepared to respond to an allergic reaction, anaphylactic response or other adverse event while people are using the service, attending the facility, or participating in a program or activity.

In addition:

• Children, young people and other vulnerable people with mild or moderate allergies should have an Individual Management Plan.
• Children, young people and other vulnerable people who are at risk of anaphylaxis must have an Anaphylaxis Management Plan.

Some individuals and organisations have specific legal obligations. For example, if a school has enrolled a student who has been diagnosed as being at risk of anaphylaxis, the school must comply with all of the requirements set out in Ministerial Order 706: Anaphylaxis Management in Victorian schools and school boarding premises.

Some children, young people and other vulnerable people may require medication when they are receiving services, attending facilities, or participating in programs or activities.

When administering medication, the individual or organisation must ensure that:

• the correct person receives the medication
• the correct medication is given to the person
• the medication is within its expiry date
• the proper dose is given to the person
• the medication is administered correctly
• the medication is given at the correct time of day.

In order to safely manage the administration of medication, the individual or organisation may need to develop and implement a Medication Management Plan for each child, young person or other vulnerable person that requires medication.

Some individuals and organisations have specific legal obligations. For example, education and care services are required to:

• receive an authorisation to administer medication to the child at the service (unless it is an anaphylaxis or asthma emergency).
• ensure that another person checks the identity of the child, and the dosage of the medication, before the medication is administered.
• maintain a medication record for each child who is administered medication at the service.
• advise the parent or carer of the child as soon as practicable after medication is administered to the child at the service.

Some children, young people and other vulnerable people may also require support with their personal care. This may include assistance with:

• toileting
• personal hygiene
• eating and drinking
• mobility assistance.

In order to provide personal care support in a manner that is safe, private, dignified and respectful, the individual or organisation must develop and implement an Individual Support Plan.

Some children, young people and other vulnerable people may use additional or alternative ways to express themselves and to understand others.

Some may use gestures, body language, facial expressions and formal sign language.

Others may benefit from closed captions, text readers, text-to-speech options, voice recognition, and particular font sizes.

Others may require communication aids and supports such as pictures, symbols, communication boards, communication books, communication cards or specific technology and devices.

Communication barriers can have the following impacts:

• They limit or prevent the person’s ability to access, participate and be included in the services, programs, facilities and activities.
• They impact the person’s wellbeing, quality of life, safety and security.
• They limit the person’s independence and autonomy.

Individuals and organisations need to take steps to:

• understand each person’s communication needs and supports; and
• ensure that the person is able to communicate and participate in the services, programs, facilities and activities that are being offered.

Some children, young people and other vulnerable people may engage in challenging behaviours such as the following:

• disruptive behaviours including tantrums, swearing, screaming or refusing to follow instructions.
• violent and aggressive behaviours such as kicking, biting, punching, fighting.
• self-harming behaviours such as head banging and self-harming.
• unsafe behaviours such as absconding or running away.
• destructive behaviours such as smashing equipment or fixtures.
• inappropriate social behaviours such as inappropriate comments, inappropriate touching or being over-affectionate.

There may be many underlying reasons why people engage in these behaviours. These include medical conditions, disabilities, trauma, communication barriers or a lack of social skills.

There are also many triggers that may lead a person to engage in challenging behaviour at a particular moment in time. These include:

• specific noises
• particular environments
• inconsistent routines
• hunger, tiredness or pain
• being asked to complete a difficult task
• restricting or prohibiting the person from engaging in enjoyable activities.

There are some strategies that may be used to help prevent challenging behaviour. These may include:

• understanding the reasons behind the person’s behaviour
• setting clear and consistent rules and boundaries
• providing a structured, consistent and predictable routine
• encouraging and reinforcing appropriate behaviour
• supporting the person to communicate what is bothering them or what they need in more appropriate ways
• providing the person with an outlet to express their feelings (e.g. stress, anxiety or frustration) in a safe and appropriate way.

Individuals and organisations must also develop strategies to manage the challenging behaviour if and when it occurs. The strategies that may be used will vary depending on the individual, the environment, and the advice from relevant professionals, the person, and their carers.

Sometimes, individuals and organisations may use restrictive practices to manage challenging behaviours. Restrictive practices include:

• seclusion – the confinement of a person in a room or physical space where they are prevented or prohibited from leaving voluntarily.
• chemical restraint – the use of medication or another substance for the primary purpose of influencing the person’s behaviour.
• mechanical restraint – the use of a device to prevent, restrict or subdue the person’s movement for the primary purpose of influencing their behaviour.
• physical restraint – the use of physical force to prevent, restrict or subdue movement of a person’s body, or part of their body, for the primary purpose of influencing their behaviour.
• environmental restraint – restricting a person’s access to some parts of their environment, including particular:
  • areas (e.g. kitchen, particular rooms, particular outdoor areas)
  • items (e.g. food, mobile phone, cigarettes, computer)
  • activities (e.g. cooking, watching television).

The use of restrictive practices is regulated, actively discouraged, and prohibited in many circumstances. For example:

Disability services

• The use of restrictive practices by NDIS providers is not permitted unless:
  • The use is specified in the person’s behaviour support plan.
  • The use has been authorised by an Authorised Program Officer or the Victorian Senior Practitioner (as appropriate).
  • The restrictive practice was used in accordance with the person’s behaviour support plan.
• Any restrictive practice that does not meet these criteria is not authorised, is considered a reportable incident, and must be reported to the NDIS Quality and Safeguards Commission.

Mental health services

• Designated mental health services may only use restrictive interventions if all reasonable and less restrictive options have been tried or considered and have been found to be unsuitable, and the use of the restrictive intervention has been specifically authorised.
• Restrictive interventions are only permitted for the following reasons:
  • To prevent imminent and serious harm to that person or another person.
  • To administer treatment or medical treatment to the person (in this case, only bodily restraint may be used).

Victorian government schools

• The Education and Training Reform Regulations 2017 (Vic) state that a member of staff of a Victorian government school may take any reasonable action that is immediately required to restrain a student of the school from acts or behaviour that are dangerous to the member of staff, the student, or any other person.

Individuals and organisations that provide services, programs, facilities and activities to a child, young person or other vulnerable person that displays challenging behaviour should take reasonable steps to:

• understand:
  • the behaviour
  • the underlying causes or functions of the behaviour
  • the triggers that may lead to challenging behaviour
  • the strategies that can be used to respond to the behaviour.
• develop and implement a Behaviour Support Plan.
• manage and respond to incidents of challenging behaviour.
• regularly review the effectiveness of the strategies that are being used to manage the challenging behaviour.

Some children and young people may require additional support with their education. These include:

• students with disabilities
• students with additional learning needs
• students in out of home care
• students involved in the youth justice system
• students that have significant attendance issues
• students at risk of disengaging with their education
• students participating in re-engagement programs or flexible learning.

Schools, education and care services, and other individuals and organisations that provide education should ensure that each of these children and young people have an Individual Education Plan / Individual Learning Plan. These plans should set out:

• the specific skills, knowledge and capabilities that the student will focus on
• the learning environment required to support the student with their learning
• the teaching strategies that should be used
• the reasonable adjustments that should be made
• the support that will be provided to the student.

• Discrimination is when a person is treated unfavourably because they have a certain personal characteristic (direct discrimination).
• Discrimination also refers to individuals and organisations that impose unreasonable requirements, conditions or practices that disadvantage a person who has a certain personal characteristic (indirect discrimination).
• The personal characteristics that are protected by law are:
  • age
  • physical features
  • disability
  • gender identity
  • sex
  • sex characteristics
  • sexual orientation
  • lawful sexual activity
  • race
  • religious belief or activity
  • marital status
  • pregnancy
  • breastfeeding
  • parental status or status as a carer
  • profession, trade or occupation
  • employment activity
  • industrial activity
  • political belief or activity
  • expunged homosexual conviction
  • spent conviction
  • personal association with someone who has, or is assumed to have, one of these personal characteristics.

• Sexual harassment refers to an unwelcome sexual advance, unwelcome request for sexual favours, or any unwelcome conduct of a sexual nature that may cause a person to feel offended, humiliated or intimidated.

• Victimisation refers to treating a person unfavourably or threatening to do so because they:
  • made a complaint under the equal opportunity law
  • helped someone else make a complaint
  • refused to do something because it would be contrary to the equal opportunity law
  • are associated with a person who has done any of these things
  • intends to do any of these things.

• Racial and religious vilification refers to any conduct or behaviour that incites hatred, serious contempt, revulsion or severe ridicule for a person because of their race, religious belief or religious activity.

• The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) within the Act govern how certain individuals and organisations handle personal information. The APPs include the following principles:
  • APP 1 – open and transparent management of personal information
  • APP 2 – anonymity and pseudonymity
  • APP 3 – collection of solicited personal information
  • APP 4 – dealing with unsolicited personal information
  • APP 5 – notification of the collection of personal information
  • APP 6 – use or disclosure of personal information
  • APP 7 – direct marketing
  • APP 8 – cross-border disclosure of personal information
  • APP 9 – adoption, use or disclosure of government related identifiers
  • APP 10 – quality of personal information
  • APP 11 – security of personal information
  • APP 12 – access to personal information
  • APP 13 – correction of personal information.

  The Commonwealth government has recently introduced the Privacy and Other Legislation Amendment Bill 2024 (Cth) into the Commonwealth Parliament. If this Bill is passed and becomes law, it will significantly change the Act and the APPs.

  Safety Quality & Care Legal Services will continue to monitor these proposed legislative changes and will update this section of the website with more information as soon as it is available.

The Health Records Act 2001 (Vic) and the Health Privacy Principles (HPPs) within the Act govern how certain individuals and organisations handle health information. In this context, health information means information or an opinion about:

• a person’s physical, mental or psychological health
• a person’s disability
• the person’s expressed wishes about the future provision of health services
• a health service provided, or to be provided, to the person
• personal information collected about a person to provide a health service
• personal information collected in relation to a person’s donation of body parts, organs or body substances
• personal information that is genetic information which could be predictive of the health of the person or any or their descendants.

The HPPs include the following principles:

• HPP 1 – collection of health information
• HPP 2 – use and disclosure of health information
• HPP 3 – quality of health information
• HPP 4 – security and retention of health information
• HPP 5 – openness about management of health information
• HPP 6 – access and correction of health information
• HPP 7 – use of identifiers
• HPP 8 – anonymity
• HPP 9 – transborder data flows
• HPP 10 – transfer or closure of health service provider
• HPP 11 – making information available to another health service provider.

The Privacy and Data Protection Act 2014 (Vic) and the Information Privacy Principles (IPPs) within the Act govern how certain individuals and organisations handle personal information and sensitive information.

In this context:

• Personal information means information or an opinion that is recorded in any form and whether true or not, about a person whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
• Sensitive information means information or an opinion about a person’s:
  • race or ethnic origin
  • political opinion
  • membership of a political association
  • religious belief or affiliation
  • philosophical belief
  • membership of a professional or trade association
  • membership of a trade union
  • sexual orientation or practices
  • criminal record.

The IPPs include the following principles:

• IPP 1 – collection of personal information
• IPP 2 – use and disclosure of personal information
• IPP 3 – quality of personal information
• IPP 4 – security of personal information
• IPP 5 – openness about the management of personal information
• IPP 6 – access and correction of personal information
• IPP 7 – use of identifiers
• IPP 8 – anonymity
• IPP 9 – transborder data flows
• IPP 10 – collection of sensitive information.

The Child Information Sharing Scheme permits some individuals and organisations that provide services, programs, facilities and activities to children to request and disclose information to one another if it meets the following criteria:

• It is made for the purpose of promoting the wellbeing or safety of a child or group of children.
• It may assist the individual or organisation to carry out one or more of the following activities:
  • make a decision, conduct an assessment, or prepare a plan relating to a child or group of children.
  • initiate or conduct an investigation relating to a child or group of children.
  • provide a service relating to a child or group of children.
  • manage any risk to a child or group of children.

The Family Violence Information Sharing Scheme permits some individuals and organisations to request and disclose information in the following circumstances:

• To assist with a family violence assessment, namely assessing the risk of:
  • a person committing family violence; and/or
  • a person being subjected to family violence.
• To assist with family violence protection, namely managing the current and ongoing risk of:
  • a person committing family violence; and/or
  • a person being subjected to family violence.

The Child Link Register contains information about children and young people who fall within the following categories:

• they were born in Victoria
• they register with particular services e.g. maternal and child health services, playgroups, education and care services and schools
• they are registered for homeschooling
• they are the subject of a child protection order.

The Register contains certain information about each child and young person including:

• some personal information e.g. name and date of birth
• the names of their parents and carers
• the names of any siblings
• whether the child or young person is a NDIS participant
• details of the services that the child has accessed, enrolled in, registered for, been referred to, or otherwise engaged with including:
  • maternal and child health services
  • supported playgroups
  • funded kindergartens
  • registered schools and homeschooling
  • school nurse programs
  • student support services.

Some individuals and organisations that provide services, programs, facilities or activities to children and young children can access this information.

In addition to the APPs, HPPs, IPPs, the Child Information Sharing Scheme, the Family Violence Information Scheme and Child Link, there are many other legitimate and legal ways for an individual or organisation to request and receive information about a child, young person, or other vulnerable person.

Safety Quality & Care Legal Services can advise and support individuals and organisations to find the most suitable and efficient ways to request and receive information about children, young people, or other vulnerable people that they are supporting.

Individuals and organisations that provide services, programs, facilities and activities to children, young people and other vulnerable people may receive subpoenas or witness summonses. A subpoena or witness summons is a legal document issued by a court or a tribunal requesting a person to do one of the following:

• produce documents
• attend a court or tribunal to give evidence
• produce documents and attend a court or tribunal to give evidence.

There may be penalties for failing to comply with a subpoena or witness summons.

Sometimes, complying with a witness summons or subpoena can be complicated. There may be concerns about:

• locating or identifying the relevant documents
• the requested documents do not exist
• disclosing sensitive or confidential information e.g. counselling records, mandatory reporting to child protection, legal advice
• disclosing the names, contact details and personal information of others
• the relevance of the documents requested.

In some cases, it may be possible to negotiate the scope of the subpoena or witness summons and /or for redactions to be made to the requested documents.

In other cases, it may be appropriate to object to the subpoena or witness summons.

A pseudonym order is an order made by a court or tribunal that conceals the identity of a person involved in a legal proceeding and restricts the way in which the person may be referred to in legal documents and in the hearing. For example, the court or tribunal may order that the person’s name be substituted with letters e.g. ZAB.

A suppression order is an order made by a court or tribunal that restricts or prohibits the publication of certain information about the legal proceeding. These orders are usually made for any one or more of the following reasons:

• to prevent a real and substantial risk to the proper administration of justice
• to protect the safety of a person
• to avoid causing undue distress or embarrassment to a complainant or a witness in any criminal proceeding involving a sexual offence or a family violence offence
• to avoid undue distress or embarrassment to a child who is a witness in any criminal proceeding.

• Certain professionals must report to the Department of Families, Fairness and Housing (Child Protection) if all of the following criteria are met:
  • the professional forms a reasonable belief that a child has suffered or is likely to suffer significant harm as a result of physical injury or sexual abuse
  • the child’s parents have not protected the child, and are unable or unwilling to protect the child from harm of this type
  • the professional forms this reasonable belief while they are carrying out their professional duties.

  The report must be made as soon as practicable after forming the reasonable belief.

  A report must be made each time the professional becomes aware of any further reasons for forming the reasonable belief.

  The professionals that must comply with this obligation include:

  • school principals and registered teachers
  • school counsellors including student wellbeing co-ordinators, student support service officers, welfare officers, mental health practitioners and chaplains
  • school based health and wellbeing staff including social workers, speech pathologists, and youth workers
  • early childhood workers, approved providers, nominated supervisors, and registered early childhood teachers in education and care services
  • early childhood workers, proprietors and nominees of children’s services
  • registered medical practitioners, nurses and midwives
  • registered psychologists
  • police officers
  • out of home care workers
  • youth justice workers
  • people in religious ministry.

  It may be a criminal offence to fail to comply with this legal obligation.

Any adult who has information that leads them to form a reasonable belief that another adult has committed a sexual offence against a child under 16 years of age must report that information to the Victoria Police unless they have a reasonable excuse for not doing so.

It may be a criminal offence to fail to comply with this obligation.

A person in authority who knows of a substantial risk that a child connected to the organisation is at significant risk of sexual abuse by an adult connected to the organisation, must take reasonable steps to reduce or remove that risk.

It may be a criminal offence to fail to comply with this obligation.

The head of certain organisations must report to the Commission for Children and Young People if they become aware of reportable allegations made about certain staff and volunteers.

The allegations may relate to any of the following people provided that they are at least 18 years of age:

• employees, volunteers, contractors
• office holders
• secondees who are under the direction, supervision or control of the individual or organisation that is covered by the reportable conduct scheme
• people who meet all of the following criteria:
  • they are a worker or volunteer for an organisation
  • their employer supplies them to an individual or organisation that is covered by the reportable conduct scheme
  • they perform work under the direction, supervision or control of the individual or organisation that is covered by the reportable conduct scheme e.g. causal relief teachers engaged via a recruitment agency
• a director or officeholder of another organisation that is engaged by the individual or organisation that is covered by the reportable conduct scheme
• ministers for religion, religious leaders and employees of religious bodies
• foster carers approved by the provider of an out of home care service with whom a child is or has been placed in out of home
• family member or other person of significance to a child with whom a child is or has been placed in out of home care.

The allegations must relate to the person engaging in any of the following conduct:

• sexual offence committed against, with, or in the presence of a child
• 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
• significant neglect of a child.

It may be a criminal offence to fail to comply with this obligation.

Individuals and organisations that provide services, programs, facilities and activities to children, young people and other vulnerable people must also report certain incidents to regulatory and funding bodies. More information about this can be found on the Safety page of this website.