Commitment to Children and Young People

We know that there are wonderful education and care services, schools, services, programs, facilities and activities that protect, educate and support children and young people, and provide them with the care that they need and that they deserve.

However, we also believe that we can always continuously improve the ways in which we provide for the health, safety and wellbeing of children and young people, and help them reach their full potential.

We are aware that various inquiries, inquests, royal commissions, regulators and agencies have confirmed this.

For example:

Children and young people in the criminal justice system

The Australian Human Rights Commission has recently reported that the treatment of children in the criminal justice system is one of the most urgent human rights issues facing Australia. It found that:

• Children who are involved in the criminal justice system often have a history of poverty, intergenerational trauma, violence and abuse, racism, homelessness and inadequate health care.
• Many have disabilities and mental health issues.
• These children reported that they needed the following things to help them stay out of trouble:
  • They want to be safe and have a place to live.
  • They want to participate in positive activities.
  • They want friends and supportive family relationships.
  • They want to be heard and have their views taken seriously.
  • They want to be able to go to school and one day get a job.
  • They want to get extra help for themselves and their family members when they need it.

Australian Human Rights Commission, ‘Help way earlier!’ How Australia can transform child justice to improve safety and wellbeing, August 2024

Children and young people in out of home care

The Commission for Children and Young People recently found that:

• The number of children and young people in Victoria’s out of home care system has increased.
• Placement instability is a significant and growing problem. It adversely affects the social and emotional wellbeing of children and young people in care and represents a significant barrier to their educational engagement and outcomes.
• Children and young people in out of home care experience substantially higher rates of disengagement from school compared to the general student population. This is evidenced by lower attendance rates, chronic absences, and lower rates of progressing to, and completing year 12.
• There are some practices in the education system that also adversely affect children in out of home care engaging with their education. These include:
  • inconsistent information sharing practices
  • racism and other culturally unsafe practices
  • modified timetables and other exclusionary practices
  • the use of informal suspensions and soft expulsions
  • the use of restraint and seclusion
  • a lack of understanding regarding childhood trauma.

The CCYP recommended (among other things) that:

• Child protection practitioners and residential care providers should provide better support to children and young people in out of home care to engage with their education.
• Schools should improve cultural safety, particularly for Aboriginal children and young people, and address racism.
• Schools should reconsider the way in which they use modified timetables and ensure that:
  • They are only used if it is in the best interests of the child.
  • They include reviews, targeted supports, and the development of plans to return the child to full time education.
  • The non-attendance of the child is correctly recorded.

Commission for Children and Young People, Let Us Learn – Systemic inquiry into the educational experiences of children and young people in out of home care, November 2023

Children and young people with disabilities

The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability made a number of specific findings and recommendations in relation to children and young people with disabilities. These included:

• Children and young people in disability, health, mental health and education settings experienced seclusion and this should be prohibited.
• Children and young people currently experience various barriers to safe, quality and inclusive education in mainstream schools. These barriers need to be addressed. They include:
  • Gatekeeping practices – this is where a school denies a student with disability access to the school of their choice or informally discourages their enrolment and attendance.
  • Exclusionary discipline – this is where a student with disability is excluded from a classroom, extra-curricular activities or a school in response to what is perceived to be negative or disobedient behaviour. It includes suspensions, exclusions and expulsions.
  • Discriminatory practices – this is where a school fails to provide reasonable adjustments and supports as required under the Disability Standards for Education.
  • Other exclusionary practices – this is where a student with disability is excluded from full participation in school activities such as school assemblies, sporting events, excursions and camps.
• Children and young people with disability in youth detention have complex needs and are likely to have experienced multiple traumas such as childhood abuse and neglect, socio-economic disadvantage, family violence, and poor educational opportunities. While they are in detention, they are exposed to an increased risk of violence, abuse, neglect and exploitation. In this context, it was recommended that:
  • Children and young people with disability receive timely screening, expert assessments, and appropriate supports and interventions.
  • The use of solitary confinement is prohibited.
  • The use of isolation or seclusion is carefully monitored.

Commonwealth of Australia, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, September 2023

Children and young people that require mental health and wellbeing services

The Royal Commission into Victoria’s mental health system made a number of recommendations to improve the mental health and wellbeing services provided to children and young people. These included:

• The establishment of an integrated infant, children and youth mental health and wellbeing system to provide developmentally appropriate mental health and wellbeing treatment, care and support for newborns to 25 year olds.
• The development of healing centres delivered by Aboriginal community-controlled health organisations to improve the social and emotional wellbeing of Aboriginal children and young people.
• The expansion of supports for young carers and children and young people who have a family member living with mental illness or psychological distress.
• The expansion of specialist youth forensic mental health programs to provide consistent and appropriately specialised treatment, care and support to children and young people in contact with, or at risk of coming into contact with, the youth justice system.

State of Victoria, Royal Commission into Victoria’s Mental Health System, February 2021

Children and young people that experience sexual abuse

The Royal Commission into Institutional Responses to Child Sexual Abuse found that many organisations such as schools, religious institutions, out of home care providers, residential care services and sports and community groups failed to protect children and young people from sexual abuse. It recommended the implementation of a number of important initiatives including:

• the Child Safe Standards
• the Reportable Conduct Scheme
• information sharing schemes that prioritise the safety and wellbeing of children and young people
• codes of conduct that that specifically outline behaviour towards children and young people that is considered unacceptable
• clear, accessible, and child focused complaint handling policies and procedures
• better support for children with harmful sexual behaviours
• education programs for children and young people and their parents and carers that increase understanding of child sexual abuse and promote online safety.

Commonwealth of Australia, Royal Commission into Institutional Responses to Child Sexual Abuse, December 2017

Children and young people that experience family violence

The Royal Commission into Family Violence put a spotlight on children and young people that experience family violence. They described them as ‘silent victims’ because their specific needs were being overlooked, and they were rarely treated as victims in their own right.

It also focused on young people who engage in family violence – this includes young people that engage in child on parent violence, sibling violence, and problem sexual behaviour. They recognised that these young people also required early intervention therapeutic and diversionary responses.

Since this time, the Victorian government, family violence services, and other individuals and organisations have completed significant work to address these and other findings and recommendations in the hope of reducing the impact of family violence on children and young people and others in our community.

Unfortunately, there is still much work to be done. Family violence continues to significantly impact children and young people. The Crimes Statistics Agency has reported that between July 2023 and June 2024:

• Victoria Police attended 98 816 family incidents (6.1% increase).
• Of these incidents:
  • 35 605 incidents were recorded as having a child present.
  • 3 422 male children and 5 529 female children aged between 0-17 years were recorded as the affected family members.
  • 4 803 male children and 2 725 female children aged between 0-17 years were recorded as the alleged perpetrators.

State of Victoria, Crime Statistics Agency, September 2024 and Royal Commission into Family Violence, March 2016

We are committed to supporting individuals and organisations to understand and implement all of the various legislative, policy and funding initiatives that arise from these findings and recommendations.

We are also passionate about supporting individuals and organisations to reduce the risk of harm, abuse and neglect of children and young people; and appropriately responding to these incidents when they do occur.