Child protection changes remain unknown

By Jennifer Leete

Federation has not yet seen any detail of the State Government's proposed amendments to its child protection legislation.

Education Minister Dr Andrew Refshauge has told Federation the amendments have not yet been to Cabinet. It is usual practice that before legislation is amended 'exposure drafts' are prepared for consultation with appropriate groups. Dr Refshauge has agreed that these exposure drafts will be provided to Federation as soon as they are available.

On July 2, Premier Bob Carr and Dr Refshauge issued a press release which stated the Government planned to make the following changes:

• amending the Ombudsman Act 1974 and the Commission for Children and Young People Act 1998 so that the definition of child abuse does not extend to the reasonable work of teachers in the classroom and playground
• amending current guidelines so that everyday classroom management, such as reasonable restraint, criticism for educational purposes, and comforting a distressed child is not classified as child abuse
• a short, clear and practical fact sheet for teachers on what is acceptable and unacceptable behaviour
• more support and clearer guidance for principals to deal with low level complaints quickly and effectively at the school level
• working with the Ombudsman to ensure that less serious allegations do not need to be formally reported to the Ombudsman.

Until appropriate amendments are prepared and passed through the Parliament, the changes necessary to restore balance and sense on the child protection issues have not been achieved. Members' lobbying must continue.

In addition, as previously advised to schools and in Education, Federation members are encouraged to take collective action when members who are the subject of trivial and/or malicious allegations and/or facing unfair or lengthy investigations seek support from their colleagues. Examples of such collective action include letter writing to the Premier or local member and resolutions that are expressions of support for colleagues. Such collective action could also include stopwork action when considered appropriate, following consultation with their Federation Organiser.

Once Federation knows the proposed amendments, the union will communicate with members about the next step in the campaign. If the amendments are not adequate to address Federation's concerns members will need to act quickly to lobby state MPs. Even if the amendments are satisfactory for Federation, the union knows there are some powerful lobby groups that oppose any change to the legislation and therefore members will still need to lobby.

In the meantime members should continue to use the "Protecting teachers as well as children" campaign engine on Federation's website to send messages to politicians on your concerns about the child protection legislation.

This site will be updated as developments occur.

Jennifer Leete is the Deputy President.

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