Hansard debates

Mr HERBERT (Minister for Training and Skills) tabled following statement in accordance with Charter of Human Rights and Responsibilities Act 2006:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the charter act), I make this statement of compatibility with respect to the Education and Training Reform Amendment (Child Safe Schools) Bill 2015.

In my opinion, the Education and Training Reform Amendment (Child Safe Schools) Bill 2015 (the bill), as introduced to the Legislative Council, is compatible with the human rights protected by the charter act. I base my opinion on the reasons outlined in this statement.

Overview of bill

The bill proposes amendments to the Education and Training Reform Act 2006 (ETR act) to add a minimum standard for registration of government and non-government schools about managing child safety and responding to allegations of child abuse within Victorian schools. The amendment is the first step to implementing the government's response to recommendations 12.1 and 16.1 of the report of the Family and Community Development Committee of the Parliament: Betrayal of Trust — Inquiry into the Handling of Child Abuse by Religious and other Non-Government Organisations (Betrayal of Trust report).

Recommendation 16.1 of the Betrayal of Trust report recommended that the government review procedures for responding to allegations of criminal child abuse within Victorian schools and identify a benchmark to apply to non-government schools. Recommendation 12.1 of the Betrayal of Trust report recommended that government implement minimum standards for maintaining 'child-safe environments' for all organisations with direct and regular contact with children.

The bill will amend the ETR act to require registered schools to satisfy the schools regulator, the Victorian Registration and Qualifications Authority (the VRQA), that they have taken actions, in accordance with a ministerial order, to manage the risk of child abuse, including responses to allegations of child abuse.

The bill would empower the minister to make a ministerial order to prescribe (in a manner consistent with the government's approach to implementing related Betrayal of Trust recommendations) the actions that schools are required to take to achieve a child-safe environment.

The bill also enhances the VRQA's powers to monitor and review school compliance with the minimum standards of registration, including the new standard concerning the protection of children from child abuse within schools. The VRQA's powers to collect and disclose information will be widened.

Human rights issues

Human rights protected by the charter that are relevant to the bill

The following charter act rights are relevant:

the right to privacy and reputation, set out in section 13 of the charter act; and

the right to protection of families and children, set out in section 17 of the charter act.

Are the relevant charter rights actually limited by the bill?

Privacy and reputation

Section 13 of the charter act is relevant to clause 12 of the bill. Section 13 of the charter provides that a person has the right not to have his or her privacy, family, home or correspondence unlawfully or arbitrarily interfered with.

Clause 12 of the bill would broaden the VRQA's ability to share information that it has obtained during the performance of its functions with a prescribed group of persons or bodies.

Currently the VRQA has limited information disclosure powers under section 4.9.4 of the ETR act concerning the kinds of information that can be shared, and the entities with which it can be shared. The VRQA may only disclose to the secretary of the department, a department of the commonwealth government or to another registering body, and only with respect to information about or arising from:

the registration or approval of a person or body including the application for that registration or approval;

a compliance audit conducted about a person or body;

any action the VRQA takes in relation to a registered or approved person or body;

the performance of a function or the exercise of a power by a person at the request of another registering body; and

the breach of, or failure to comply with, a government training contract by a registered training organisation (which provides vocational education and training).

The bill proposes to extend the class of prescribed persons or bodies the VRQA is authorised to disclose information to under section 4.9.4 of the ETR act. The amended class includes the secretary of another department of the Victorian government, a public sector body, a municipal council, a registering body, a school registering body, a department of the commonwealth, state or territory government, and an agency of the commonwealth.

The bill also proposes a less prescriptive approach to identifying the circumstances in which the VRQA may disclose information. Instead, the bill will authorise the VRQA to disclose information to a prescribed person or body if that information relates to the recipient's performance of a function.

Most information the VRQA obtains relates to the registration of a school. However, the VRQA may also incidentally collect information of a personal nature. For instance, the VRQA may collect personal information about individual students, and school staff who work with those students.

The bill authorises the VRQA to disclose information about a school's registration to another Victorian government department (such as the Department of Health and Human Services), or a government agency or regulator in another jurisdiction where the school has interstate campuses or operations. The amendments also authorise the VRQA to disclose information about, for example, safety issues to the appropriate government entity, such as the Victorian WorkCover Authority. In any of these circumstances, the VRQA may disclose personal information.

I consider that such information disclosure is not unlawful, nor arbitrary. The proposed law authorises information sharing by the VRQA for purposes related to the functions and powers of the recipient. The sharing of such information is lawful. The sharing of information is not arbitrary since it is always connected to the performance of a lawful function. This sharing of information is necessary to ensure that regulatory bodies and government agencies are able to efficiently access necessary and relevant information.

In my opinion, the provisions are compatible with the right to privacy in section 13 of the charter act.

Protection of families and children

Section 17(2) of the charter act provides that every child has the right, without discrimination, to protection that is in his or her best interests and is needed by reason of being a child. Section 17(2) recognises that children are vulnerable because of their age and entitled to special protection.

Clause 5 of the bill creates a new condition of registration for all schools. The condition will be implemented through a regulatory framework that will require schools to take actions to manage the risks of child abuse, and to achieve a child-safe environment. The actions required of schools will be in accordance with a ministerial order made under the ETR act.

Actions that might be prescribed in the ministerial order include developing and implementing recruitment policies for school staff who work with children, revising procedures for responding to allegations of child abuse, or providing guidance or training to decision-makers and other school staff about managing the risk of child abuse. The intention is to improve the capabilities of schools to manage and mitigate the risk of child abuse and respond appropriately to allegations of child abuse. This is important since any abuse that occurs would infringe the rights of the child.

I consider the proposed framework for schools upholds and promotes the rights of children to be protected from abuse.

The Hon. Steve Herbert, MP
Minister for Training and Skills