Type: Policy
Classification: Operational
Policy Number: SCS2024051
Released: 6 December 2024
Review Date: 6 December 2029
Rescinds/Replaces: SCS2023023
ARE YOU IN IMMEDIATE DANGER?
If you are feeling unsafe at school or in the workplace right now, call 000 or contact SCS’ Critical Incident Hotline on 02 9568 8606.
Sydney Catholic Schools (SCS) is committed to providing workplaces and learning environments that are safe and supportive of staff, students and families who may be experiencing the effects of family or domestic violence. Those who are experiencing, or at risk of experiencing, family and domestic violence, are encouraged to seek support from SCS and Catholic and other support services.
This policy defines the process and steps to follow when responding to disclosures of family and domestic violence. It also sets out the support available to staff, students and families who may be experiencing the effects of family and domestic violence.
This policy applies to all SCS staff, parents/carers, volunteers and contractors. In this policy, ‘SCS staff’ means all employees of SCS and members of religious orders engaged in schools.
SCS recognises that family and domestic violence impacts safety, physical and emotional wellbeing and the ability of individuals to flourish, and its impacts can extend to the workplace or learning environment. SCS is committed to:
- Fostering a supportive environment that aids in recovery, stability and overall wellbeing.
- Protecting staff and student safety when they are in SCS workplaces and learning environments and at SCS/school events.
- Supporting students and staff experiencing the effects of family and domestic violence with the aim of supporting their continued participation in study and/or employment and to ensure they are not disadvantaged.
- Creating an environment where students and staff feel comfortable and safe in disclosing family and domestic violence and in requesting access to leave and adjustments.
- Subject to reporting obligations, maintaining the confidentiality of those experiencing the effects of family and domestic violence.
- Protecting staff from discrimination, adverse action or other detrimental treatment because they are experiencing the effects of family and domestic violence.
A person is experiencing family and domestic violence if their current or former intimate partner, close relative, carer, guardian or member of their extended family, kinship group or household seeks to coerce or control them, cause them harm or fear, or is violent, threatening or behaves in
another abusive way. Family and domestic violence includes:
a. Physical assault (including punching, hitting, kicking, pushing, slapping, choking or the use of weapons)
b. Sexual assault (being forced to have sex or participate in sexual activities, either by watching or participating)
c. Emotional abuse (making a person feel worthless, criticising their personality, looks, the way they dress, constantly putting them down, threatening to hurt them, their children, other family, friends or their pets)
d. Verbal abuse (including yelling, shouting, name calling and swearing at them)
e. Social abuse, or isolation (being stopped from seeing friends and family, isolating them socially or geographically)
f. Damaging property such as furniture, the house or pets in order to threaten or intimidate
g. Financial abuse (taking control of the money, not giving the person enough money to survive on, forcing a person to hand over their money, not allowing a person to have a say in how their money is spent)
h. Technology facilitated abuse (monitoring computer and phone use, using spyware to track a person, publishing or threatening to publish intimate photos online without consent)
i. Stalking and/or harassment via repeated phone calls or text messages, and/or
j. Coercive control (a pattern of controlling and manipulative behaviours within a relationship designed to intimidate, isolate, and control a person).
5.1 This policy sets out the ways in which SCS supports disclosures that a person:
- is experiencing the effects of family and domestic violence
- is caring for a person who is a victim of family and domestic violence, or
- has become aware that another person is experiencing family and domestic
violence.
5.2 Any SCS staff member who discloses family and domestic violence will be offered wellbeing support and other reasonable support to assist their continued employment and protect their safety at work. Any SCS staff member who is experiencing the effects of family and domestic violence is encouraged to contact the Employee Access Program (EAP) or the SCS Staff Wellbeing team for support.
5.3 Any student who discloses family and domestic violence will be offered counselling and other reasonable support to assist their continued participation and protect their safety at school.
5.4 Others who disclose family and domestic violence, including a parent/carer or a child of an SCS staff member, may be referred to appropriate Catholic and other support services and their local Parish Priest.
5.5 Wellbeing support will be offered to any SCS staff member or student to whom a disclosure of family and domestic violence is made, and the Principal, Manager or SCS staff member who deals with the disclosure.
6.1 SCS employees (including part time and casual employees) are entitled to 10 days’ paid Family Domestic Violence Leave (FDVL) in a 12 month period. The leave is available to employees who are experiencing family and domestic violence and need to do something to deal with the impact of it. Further details can be found in the Employee Leave Guidelines.
6.2 An employee may use their personal/carer’s leave if their paid FDVL entitlement has been exhausted.
6.3 Employees experiencing family and domestic violence, or who are caring for an immediate family or household member who is experiencing family and domestic violence, may have a right to request flexible working arrangements in accordance with the Flexible Working Arrangements Procedures.
7.1 Subject to reporting obligations, any disclosure of family and domestic violence will be considered confidential and only communicated by SCS staff on a strictly need to know basis. Unless there is a reporting obligation, SCS recognises adults experiencing family and domestic violence are entitled to decide if and when to make a report.
7.2 Disclosures of family and domestic violence may require reporting under the Crimes Act 1900 (NSW), the Children and Young Persons (Care and Protection) Act 1998 (NSW) or other legislation. Any report to the Police, Department of Communities and Justice (DCJ), Office of the Children’s Guardian (OCG) or other agencies will be made at the earliest opportunity.
7.3 Any disclosure of family and domestic violence involving a child or young person (where that child is directly experiencing family and domestic violence or is in a home where they are exposed to family and domestic violence) must be notified to the SCS Child Safety team. The disclosure may initiate a Risk of Significant Harm (ROSH) report to the DCJ, notification of a reportable allegation to the OCG and/or report to NSW Police.
7.4 Where a student or staff member is a protected person in any Order related to family and domestic violence (i.e. Apprehended Domestic Violence Order (ADVO) or Apprehended Personal Violence Order (APVO)), the student, parent/carer of the student, or staff member must inform their Principal or Manager and provide a copy of any relevant Order/s to enable appropriate and reasonable safety measures to be put in place.
7.5 A student, parent/carer or staff member experiencing family and domestic violence may request that safety measures be put in place to protect their safety and wellbeing. Principals and Managers must seek advice from the Work Health and Safety, Child Safety, School Operations Unit and/or Legal teams about these requests.
7.6 Where a student or staff member is experiencing family and domestic violence a Principal or Manager may contact the School Operations Unit and/or Legal teams for advice about preventing the person accused of family and domestic violence from having access to the school/SCS site.
7.7 Where necessary, People & Culture will support an employee experiencing family and domestic violence to apply for a role at a new location of work.
7.8 Records in relation to family and domestic violence will be held confidentially in accordance with the Record (Data) Management and Retention Policy.
8.1 It is the expectation of SCS that no staff member will commit an act of family and domestic violence.
8.2 Any staff member, Religious, volunteer or contractor who is charged with a family or domestic violence offence, and/or is the defendant in an ADVO or APVO, is required to notify their Principal/ Manager as soon as possible and provide details of the charges and/or a copy of the ADVO/APVO.
8.3 Being charged with a family and domestic violence offence or subject to an ADVO/APVO may trigger a risk assessment under the Child Protection (Working with Children) Act 2012 (NSW) of the person’s Working with Children Check (WWCC) clearance. An outcome of that assessment may include cancellation or revocation of an employee’s WWCC clearance or imposition of an ‘interim bar’.
8.4 If an employee’s WWCC is barred, cancelled or revoked, the employee will not be able continue to work for SCS in a child-related role in accordance with the Child Related Employment Policy.
8.5 If a Religious, volunteer or contractor’s WWCC is barred, cancelled or revoked, they will not be able to continue working for or volunteering with SCS.
8.6 If the criminal charges or the ADVO/APVO against the SCS staff member, Religious, volunteer or contractor involve a child, they will be subject to a reportable conduct investigation under the Children’s Guardian Act 2019 (NSW).
8.7 An employee who has been charged with a family and domestic violence offence, or is subject to an ADVO/APVO and their WWCC has not been barred, cancelled or revoked, may be placed on paid leave or may be terminated by SCS.
8.8 Any employee who is convicted of a criminal offence related to family and domestic violence must notify their Principal/Manager as soon as possible and provide details of the conviction including any sentencing. Their employment may be terminated after a risk assessment and appropriate employment process.
9.1 SCS Principals and Managers
- Take reasonable steps to ensure that SCS staff and students are safe and protected from risks.
- Notify NSW Police, OCG and/or DCJ (where required) of an allegation of family and domestic violence disclosed by a SCS student, staff or community member, where a child or young person’s safety is at risk. This includes SCS students and children of SCS staff.
- Advise staff who disclose that they are the victim of, or are caring for, a person experiencing family and domestic violence that they have access to EAP ACCESS Counselling and advise them of the availability of paid FDVL and the right to request a flexible work arrangement.
- Obtain copies of any legal orders that are applicable to the situation and store securely in line with the Record (Data) Management and Retention Policy.
- Contact the People & Culture team to discuss any additional needs including support to apply for a role at a new, undisclosed workplace.
- Give appropriate support to students who disclose that they are the victim of, or are caring for, a person experiencing family and domestic violence or who have disclosed that they are aware that another person is experiencing family and domestic violence.
- Subject to limited exceptions (including mandatory reporting and safety), keep information and evidence about family and domestic violence confidential.
- Arrange for wellbeing support to be offered to SCS staff and students who have a disclosure of family and domestic violence made to them.
9.2 SCS Staff
- Take reasonable steps to ensure that school colleagues and students are safe and protected from risks.
- Notify the Principal/Manager of any disclosure of family and domestic violence made to the staff member by a member of the school community.
- Notify the Principal/Manager of any allegation of family and domestic violence against a member of the school community, which the employee becomes aware of during the course of their employment.
- Advise colleagues who disclose that they are the victim of, or are caring for, a person experiencing family and domestic violence that they have access to EAP ACCESS Counselling and advise them of the availability of paid FDVL leave and the right to request flexible work arrangements.
- Give appropriate support to students who disclose that they are the victim of, or are caring for, a person experiencing family and domestic violence or who have disclosed that they are aware that another person is experiencing family and domestic violence.
- Subject to limited exceptions (including mandatory reporting and safety), keep information and evidence about family and domestic violence confidential.
9.3 Parents/Carers
- Parents/carers must ensure that the school holds up-to-date court orders throughout a student’s enrolment including relevant Family Court and criminal court orders and ADVO/ APVOs where the student is listed as a protected person.
- Parents/carers who become aware, or are made aware, by their child or young person that another member of the school community is experiencing family and domestic violence, or is involved in any criminal proceedings relating to family and domestic violence, are encouraged to disclose this to the school Principal.
Details of organisations providing family and domestic violence support services can be found here.
If you have any questions about the policy or would like further information, please contact the People and Culture Services team by email at pcservices@syd.catholic.edu.au, or phone (02) 9568 8297.
• Policy Number: SCS2024051
• Document Rescinds / Replaces: SCS2023023
• Date Released: 6 December 2024
• Review Date: 6 December 2029
• Policy Type: Operational
• Audience: Public
• Approved by: Executive Director
• Document Owner: Director, People & Culture