Background

Some years ago, a staff member at a school alleged that she saw a teacher inappropriately touch one of the children in the school playground.

The staff member reported what they saw to the school leadership. A member of the school leadership interviewed the child, the staff member that witnessed the alleged conduct, and the teacher. The child and the teacher denied that the alleged conduct occurred. The school determined that there was ‘no substance’ to the allegation and took no further action.

The staff member that witnessed the alleged conduct also reported what she saw to the Victoria Police. The Victoria Police spoke with the school leadership and determined not to take any further action in relation to the allegation.

Three years later, the child involved in the original allegation participated in the Respectful Relationships program at the school and recognised that the teacher’s behaviour had been wrong. The student then disclosed to school staff that the teacher had abused them for several years. These allegations were reported to Victoria Police and were subject to a criminal investigation.

When news of the teacher’s arrest became public, the parent of a former school student spoke to their child about the teacher’s arrest. This second child disclosed to their parents, and then the Victoria Police, that they had also been sexually abused by the same teacher.

The teacher was subsequently charged and pleaded guilty to multiple sexual offences committed against these two children.

By this stage, four years had elapsed since the staff member had witnessed some of the alleged conduct and raised her concerns with the school leadership and the Victoria Police.

The Victorian Ombudsman received a number of complaints about how this school responded to the allegations of child sexual abuse and decided to conduct an ‘own motion’ investigation.

On 13 February 2025, the Victorian Ombudsman published her report in relation to this matter. She made a number of findings and recommendations that can help all schools and organisations that care for children and young people, to better manage and respond to allegations of child sexual abuse.

Here are some of the lessons that we can all learn from this tragic set of circumstances.

Prevention

1. Develop clear policies and procedures for responding to allegations, disclosures and complaints of child sexual abuse.[1]

2. Be clear about which staff are responsible for responding to allegations of child sexual abuse, including their respective roles and responsibilities, and how they will share information with one another.[2]

3. Provide annual training to all employees, volunteers and contractors.

This training should include relevant topics such as:

• the organisation’s obligations under the Child Safe Standards and the Reportable Conduct Scheme
• understanding the different types of child sexual abuse including grooming type conduct
• responding to allegations, disclosures and complaints about child sexual abuse, including:
  • the internal and external reporting requirements
  • the organisation’s policies and procedures
  • the respective roles and responsibilities of relevant staff members within the organisation
• understanding the impact of child sexual abuse
• engaging in trauma informed practices including how to support a child or young person making a disclosure
• privacy and information sharing
• record keeping.[3]

4. Provide age-appropriate education to children and young people to help keep them safe.

This includes teaching children and young people about things such as:

• their right to feel safe and be safe
• developing respectful relationships
• respecting personal boundaries
• safe and unsafe touching
• understanding consent and their right to say no
• identifying and responding to unsafe situations
• recognising inappropriate behaviour from adults and other children and young people
• strategies for seeking help, including the option of speaking to a trusted adult to raise safety concerns for themselves, their friends or other children and young people.[4]

Allegations and disclosures

5. Be mindful that disclosing an experience of child sexual abuse is difficult.

It can take victims years and decades to disclose their experiences. Some of the reasons why victims of child sexual abuse may delay their disclosure, or do not disclose their experiences of child sexual abuse include the following:

• The child does not understand that what happened to them was child sexual abuse.
• The child may have been coerced or threatened to stay silent.
• The child may fear that they will not be believed.
• The child may be experiencing feelings of shame and blame or be concerned about being judged.
• The child may be worried about the impact on their relationships with the subject of allegation and/or their family.
• The child may have previously disclosed the abuse to someone, and it resulted in a negative experience.[5]

6. Be vigilant about other ways in which an allegation or disclosure of child sexual abuse may be made.

These may include:

• Other children, young people or adults may witness and report inappropriate behaviour that may amount to child sexual abuse.
• The child victim may make partial or indirect disclosures about what has happened to them.
• The child victim may display physical signs that they have experienced child sexual abuse. These may include headaches, stomach aches, bed wetting, weight loss, bruises, or pain in their genital area.
• The child victim may display emotional or behavioural changes. These may include depression, anxiety, social withdrawal, aggressiveness, anger, self-harm or fear and avoidance of certain people and places.[6]

When an allegation or disclosure is made

7. Follow the organisation’s policies and procedures for managing and responding to allegations of child sexual abuse.[7]

These policies and procedures should include taking the following critical actions:

• Respond to any emergency – this includes:
  • providing immediate safety for the alleged victim and others involved
  • contacting emergency services (if appropriate)
  • preserving the evidence.[8]
• Report all allegations of child sexual abuse to the Victoria Police as soon as practicable.[9] A failure to report child sexual abuse may amount to a criminal offence in some circumstances.
• Report the allegations of child sexual abuse to other bodies as appropriate.[10] For example:
  • Where the allegation indicates that a child may be in need of protection from sexual abuse, and the parents and carers of the child are unable or unwilling to protect the child from abuse of that type, the allegations must be reported to the Department of Families, Fairness and Housing (Child Protection). A failure to report to Child Protection in these circumstances may amount to a criminal offence.
  • Where the allegation amounts to a reportable allegation, the head of entity (or their delegate) must report the allegations to the Commission for Children and Young People.
• Report the allegations of child sexual abuse to relevant internal leaders and managers.
• Contact the parents or carers of the alleged child victim as soon as it is appropriate and practicable to do so.[11]
  • Where the Victoria Police and/or the Department of Families, Fairness and Housing (Child Protection) may be involved, it is important to consult with them about this so as to not to interfere with any investigation into the alleged conduct.
  • It is important for parents and carers to be aware of any allegations of child sexual abuse so that they can take steps to:
  • prevent or limit the child’s exposure to further abuse; and
  • make sure that their child receives the support that they need.[12]
• Provide immediate counselling and other internal and external supports to all alleged child victims, regardless of whether or not they are still involved with the organisation.[13]

8. Identify, assess and manage any ongoing risks to the safety and wellbeing of the alleged victim and other children and young people.

This includes:

• Considering whether it is necessary or appropriate to take any other reasonable steps to separate the affected child and the subject of allegation.[14]
• Considering whether it is necessary or appropriate to remove the subject of allegation from the organisation while the allegation is being investigated.[15]
• Planning the ongoing attendance, participation and support to be provided to the alleged child victim.[16] This should be documented in an Individual Support Plan or Safety Plan. The Plan should include the following:
  • ongoing communication and information sharing between the organisation, the child and their family
  • the supports and services to be provided to the child
  • any known triggers for the child and how these will be managed – for example:
  • specific smells, sounds, sights, tastes or forms of touch
  • particular places or people
  • specific times of day or times of year
  • specific situations or scenarios
  • specific emotional states
  • certain words or topics of conversation
  • certain objects or symbols.[17]

9. Consider whether there may be other potential victims.

These victims may be:

• currently associated with the organisation
• previously associated with the organisation
• associated with an organisation where the subject of allegation currently attends or works
• associated with an organisation where the subject of allegation previously attended or worked.[18]

Investigating the allegations

10. Conduct a thorough investigation into all allegations of child sexual abuse when it is appropriate to do so.

Where Victoria Police, the Department of Families, Fairness and Housing (Child Protection) and/or regulators are involved, it is important to consult with them about when it may be appropriate to conduct the investigation so as not to interfere with other potential investigations into the alleged conduct.

A thorough investigation includes:

• Engaging investigators that have practical experience in conducting complex and sensitive investigations into allegations of child sexual abuse. Sometimes, this may require an organisation to outsource the investigation to an external investigator.[19]
• Considering what support can be provided to a child or young person when they are being interviewed by the investigator.[20]
• Obtaining written statements from the alleged victim, the subject of the allegation, and any witnesses.[21]
• Providing the subject of the allegation with procedural fairness – this includes:
  • providing the allegations in writing
  • providing the subject of the allegation with an opportunity to respond to the allegations
  • providing the subject of the allegation with the option to have a support person during the investigation process.[22]

Communication

11. Focus on clear, transparent and collaborative communication with the alleged victim and their family.[23]

For example:

• If you intend to send information about the allegations to your community, consult with the alleged child victim and their family before the communication is finalised and sent.[24]
• If the media becomes aware of the allegations, consider notifying the alleged child victim and their family before any media is published.[25]

12. Consider communicating with children and families that were previously involved with the organisation, and that may be impacted or affected by the allegations.[26]

13. Collaborate and co-operate with the Victoria Police and any other agencies involved in investigating and managing the allegations.

This includes consulting with them before any communication is finalised and sent to:

• the alleged victim and their family
• the children and families currently involved with the organisation
• the children and families previously involved with the organisation
• the subject of the allegation.

Apology

14. Consider apologising to the alleged child victim and their family in a timely way.

This acknowledges harm, supports healing, and demonstrates accountability.[27] Organisations should seek specific legal advice about this.

Review

15. Consider, investigate and appropriately respond to any complaints or concerns about the way in which the organisation managed and responded to the allegations of child sexual abuse.[28]

16. Conduct a review of the systems, policies, procedures and guidance in place to respond to the allegations of child sexual abuse.

Determine whether the organisation followed the systems, policies, procedures and guidance to manage and respond to the allegations of child sexual abuse.

Determine whether it is necessary or appropriate to amend or improve the systems, policies, procedures and guidance that the organisation uses to manage and respond to allegations of child sexual abuse.[29]

 

It is clear that there are strategies that we can adopt to help prevent child sexual abuse. This includes developing and implementing clear policies and procedures; regular training for all employees, contractors and volunteers; and age appropriate education to children and young people.

It is also clear that identifying and responding to child sexual abuse is complicated. It requires careful consideration. The response needs to be adapted and nuanced to the individual circumstances of each case. We also need to be sensitive to the needs of the affected children and young people, and the ongoing impact that the abuse and our actions may have on them.

Please feel free to contact Safety Quality & Care Legal Services to discuss how we can support you to implement these lessons in your organisation.

 

 

Elena Totino

Founder, Director & Principal Lawyer

Safety Quality & Care Legal Services

 

February 2025

 

[1] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 9, 46, 55

[2] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, p. 46

[3] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 25, 55, 57-58; Commonwealth of Australia, Australian Centre for Child Protection, Minimum Practice Standards: Specialist and Community Support Services Responding to Child Sexual Abuse, June 2023, p. 25; and Commission for Children and Young People, A guide for creating a Child Safe Organisation, Version 5.1, April 2023, pp. 56-58, 149-152

[4] Commission for Children and Young People, A guide for creating a Child Safe Organisation, Version 5.1, April 2023, pp. 61-62, 67-70; www.respectvictoria.vic.gov.au/news/talking-children-about-consent (accessed 22 February 2025); and www.childsafety.gov.au/having-conversations/having-conversations-children-and-young-people (accessed 22 February 2025)

[5] Commonwealth of Australia, National Office of Child Safety, https://www.childsafety.gov.au/about-child-sexual-abuse/how-respond-child-sexual-abuse-disclosure (accessed 3 March 2025)

[6] Commonwealth of Australia, National Office of Child Safety, https://www.childsafety.gov.au/about-child-sexual-abuse/signs-and-indicators-child-sexual-abuse (accessed 3 March 2025)

[7] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 9, 44-45

[8] www.schools.vic.gov.au/action-1-respond-emergency (accessed 28 February 2025)

[9] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 21, 45

[10] www.schools.vic.gov.au/action-2-reporting-authorities (accessed 28 February 2025)

[11] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 4, 20, 26-27, 55, 57

[12] www.schools.vic.gov.au/action-3-contacting-parents-or-carers (accessed 28 February 2025)

[13] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 30-39, 55, 57; and www.schools.vic.gov.au/action-4-providing-ongoing-support (accessed 28 February 2025)

[14] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, p. 45

[15] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 45, 57

[16] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 34-35

[17] Commonwealth of Australia, National Office for Child Safety, Engaging with victims and survivors of child sexual abuse – A practice guide for workers and organisations, 2024, p. 36

[18] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 39-40, 55

[19] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 4, 20, 28, 46, 57

[20]Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 4, 20, 24

[21] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, p. 45

[22] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, p. 20

[23] Commonwealth of Australia, Australian Centre for Child Protection, Minimum Practice Standards: Specialist and Community Support Services Responding to Child Sexual Abuse, June 2023, p. 16

[24] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 32, 41-42

[25] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 31, 41

[26] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 32, 43, 57

[27] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 52-53

[28] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, p. 43

[29] Victorian Ombudsman, Investigation Report: Support when children are sexually abused at school – The Department of Education’s response to abuse in a Victorian primary school, February 2025, pp. 46, 57