What Is Ministerial Order 1359?
Ministerial Order 1359 is a mandatory child safety framework that all Victorian schools and school boarding premises must comply with. Issued by the Victorian Minister for Education, the Order took effect on 31 January 2022 and officially replaced Ministerial Order 870 on 30 June 2022.
Who Must Comply with Ministerial Order 1359?
Ministerial Order 1359 applies to:
- All registered schools in Victoria
- School boarding premises (including residential facilities)
- Any entity applying for school registration in Victoria
Why Was Ministerial Order 1359 Introduced?
- Implementing 11 new Child Safe Standards (replacing the previous 7)
- Enhancing governance and accountability in schools
- Promoting a zero-tolerance culture for child abuse
- Requiring schools to actively involve families and students in child safety initiatives
What Are the 11 Child Safe Standards?
Ministerial Order 1359 introduces 11 key Child Safe Standards that every Victorian school must implement. Click on a standard below to learn more.
Culturally safe environments
Schools and school boarding premises must establish culturally safe environments in which the diverse and unique identities and experiences of Aboriginal children, young people and students are respected and valued.
In complying, the school governing authority or school boarding premises governing authority must, at a minimum, ensure:
- a child or student’s ability to express their culture and enjoy their cultural rights is encouraged and actively supported.
- strategies are embedded within the school or school boarding premises which equip school staff or school boarding premises staff, students, volunteers and the school community or school boarding premises community to acknowledge and appreciate the strengths of Aboriginal culture and understand its importance to the wellbeing and safety of Aboriginalchildren and students.
- measures are adopted by the school or school boarding premises to ensure racism is identified, confronted and not tolerated, and any instances of racism within the school environment or school boarding premises environment are addressed with appropriate consequences.
- the school or school boarding premises actively supports and facilitates participation and inclusion by Aboriginal children and students and their families.
- all of the policies, procedures, systems and processes of the school or provider of school boarding services, taken together, create a culturally safe and inclusive environment and meet the needs of Aboriginal children and students and their families.
The school governing authority or school boarding premises governing authority must develop and endorse a policy or statement that details the strategies and actions the school or school boarding premises will take to implement the above.
*This standard applies even if there are no children or students at a school or school boarding premises that identify as Aboriginal.
Child safety and wellbeing is embedded in leadership, governance and culture
Schools and school boarding premises must ensure that child safety and wellbeing is embedded in school or school boarding premises leadership, governance and culture.
In complying, the school governing authority or school boarding premises governing authority must, at a minimum:
- develop, endorse and make publicly available a child safety and wellbeing policy that details:
- the commitment of the school or provider of school boarding services to child safety;
- the actions the school or school boarding premises proposes to take to ensure a child safe culture is championed and modelled at all levels of the school or school boarding premises;
- the governance arrangements in place within the school or school boarding premises for ensuring implementation of the policy at all levels; and
- the process by which the school governing authority or school boarding premises governing authority will review its child safe practices.
- develop, endorse and make publicly available a Child Safety Code of Conduct that:
- has the objectives of promoting child safety and wellbeing in the school environment or school boarding premises environment;
- provides guidelines for school staff, school boarding premises staff and volunteers on expected standards of behaviour in relation to child safety and wellbeing;
- takes into account the needs of all children and students and is consistent with any relevant professional or occupational codes of conduct; and
- is consistent with the child safety and wellbeing strategies, policies and procedures of the school or provider of school boarding services.
- develop and implement risk management strategies that:
- focus on preventing, identifying and mitigating risks related to child safety and wellbeing in the school environment or school boarding environment; and
- take into account the nature of the school environment or school boarding environment, the activities expected to be conducted in those environments (including the provision of services by contractors or outside organisations), and the
characteristics and needs of all children and students expected to be present in those environments.
- if the school governing authority or school boarding premises governing authority identifies risks of child abuse occurring in the school environment or school boarding premises environment, make a record of those risks and the actions that are taken or will be taken to reduce or remove the risks (risk controls and risk treatments).
- as part of its risk management strategy and practices, monitor and review the risks related to child safety and wellbeing annually, including evaluating the effectiveness of the implementation of its risk controls.
- create, maintain and dispose of records relevant to child safety and wellbeing in accordance with Public Record Office Victoria Recordkeeping Standards, including minimum retention periods.
- develop a policy or statement that details the processes the school or school boarding premises has in place to meet Public Record Office Victoria Recordkeeping Standards.
- ensure that school and school boarding premises staff and volunteers understand their obligations on information sharing and recordkeeping.
Child and student empowerment
Schools and school boarding premises must ensure that children, young people and students are empowered about their rights, participate in decisions affecting them and are taken seriously.
In complying, the school governing authority or school boarding premises governing authority must, at a minimum, ensure:
- children and students are informed about all of their rights, including to safety, information and participation.
- the importance of friendships is recognised and support from peers is encouraged, to help children and students feel safe and be less isolated.
- staff and volunteers are attuned to signs of harm and facilitate child-friendly ways for children and students to express their views, participate in decision-making and raise their concerns.
- schools and school boarding premises have strategies in place to develop a culture that facilitates participation and is responsive to the input of children and students.
- schools and school boarding premises provide opportunities for children and students to participate and are responsive to their contributions to strengthen confidence and engagement.
The school governing authority must ensure students are offered access to sexual abuse prevention programs and to relevant related information in an age-appropriate way.
Where relevant to the setting or context, the school boarding premises governing authority must ensure students are offered access to sexual abuse prevention programs and to relevant related information in an age-appropriate way.
The school governing authority or school boarding premises governing authority must develop curriculum planning documents or other documentation that details the strategies and actions the school or school boarding premises will take to implement the above.
Family engagement
Schools and school boarding premises must ensure that families and communities are informed, and involved in promoting child safety and wellbeing.
In complying, the school governing authority or school boarding premises governing authority must, at a minimum, ensure:
- families participate in decisions related to child safety and wellbeing which affect their child.
- the school or school boarding premises engages and openly communicates with families and the school community or school boarding premises community about its child safe approach and relevant information is accessible.
- families and the school community or school boarding premises community have a say in the development and review of policies and practices of the school or provider of school boarding services related to child safety and wellbeing.
- families, carers and the school community or school boarding premises community are informed about the operations and governance of the school or school boarding premises related to child safety and wellbeing.
The school governing authority or school boarding premises governing authority must develop a policy, statement or other documentation that details the strategies and actions the school or school boarding premises will take to implement the above.
Diversity and equity
Schools and school boarding premises must ensure that equity is upheld, and diverse needs respected in policy and practice.
In complying, the school governing authority or school boarding premises governing authority must, at a minimum, ensure:
- the school or school boarding premises, including staff and volunteers, understands the diverse circumstances of children and students, and provides support and responds to vulnerable children and students.
- children, students, staff, volunteers and the school community or school boarding premises community have access to information, support and complaints processes in ways that are culturally safe, accessible and easy to understand.
- the school or school boarding premises pays particular attention to the needs of students with disability, students from culturally and linguistically diverse backgrounds, students who are unable to live at home, international students, and lesbian, gay, bisexual, trans and gender diverse, intersex and queer (LGBTIQ+) students.
- the school or school boarding premises pays particular attention to the needs of Aboriginal students and provides and promotes a culturally safe environment for them.
The school governing authority or school boarding premises governing authority must develop and endorse a policy, statement or curriculum document that details the strategies and actions the school or school boarding premises will take to implement the above.
Suitable staff and volunteers
Schools and school boarding premises must ensure that people working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice.
In complying, the school governing authority or school boarding premises governing authority must, at a minimum, ensure:
- recruitment advertisements for school staff or school boarding premises staff who will be engaged in child-connected work have a clear statement that sets out:
- the job’s requirements, duties and responsibilities regarding child safety and wellbeing; and
- the job occupant’s essential or relevant qualifications, experience and attributes in relation to child safety and wellbeing.
- all applicants for jobs that involve child-connected work for the school or school boarding premises must be informed about the child safety practices of the school or provider of school boarding services (including the code of conduct).
- when engaging volunteers to undertake child-connected work, volunteers are made aware of the child safety and wellbeing policy and child safety code of conduct of the school or provider of school boarding services.
- when engaging school staff or school boarding premises staff to perform child-connected work, the school governing authority or school boarding premises governing authority must:
- sight, verify and record the person’s Working with Children clearance, if the person is required to have a clearance in accordance with the Worker Screening Act 2020 (Vic), or any equivalent background check; and
- where the person will be engaged in child-related work, collect and record:
- proof of the person’s identity;
- information about any essential or relevant professional or other qualifications;
- the person’s history of work involving children; and
- references that address the person’s suitability for the job and for working with children.
- when engaging a volunteer to perform child-connected work, the school governing authority or school boarding premises governing authority must:
- sight, verify and record the person’s Working with Children clearance, if the person is required to have a clearance in accordance with the Worker Screening Act 2020 (Vic), or any equivalent background check; and
- consider the child safety risks relevant to the volunteer’s role and, if reasonable and appropriate, collect and record:
- proof of personal identity;
- information about any essential or relevant professional or other qualifications;
- the person’s history of work involving children; and
- references that address the person’s suitability for the job and for working with children.
The school governing authority or school boarding premises governing authority need not comply with the record checking requirements above if it has already undertaken these activities in relation to a particular individual within the previous 12 months.
In complying, the school governing authority or school boarding premises governing authority must ensure that:
- school staff, school boarding premises staff, members of the governing body, and volunteers engaged in child-connected work, receive an induction regarding child safety and wellbeing that is appropriate to the nature of the role, and which includes:
- information on the child safety code of conduct; and
- where relevant to the role, the child safety and wellbeing policy and the procedures for managing complaints and concerns related to child abuse;
- school staff, school boarding premises staff, members of the governing body, and volunteers engaged in child-connected work, are aware of their responsibilities to children and students, information sharing and reporting obligations, and record keeping obligations.
- ongoing supervision and people management of staff and volunteers focuses on child safety and wellbeing.
Complaints processes
Schools and school boarding premises must ensure that processes for complaints and concerns are child focused.
In complying, the school governing authority or school boarding premises governing authority must, at a minimum:
- develop a complaint-handling policy that is made publicly available and that is accessible, child-focused, culturally safe and easily understood by the school community or school boarding premises community, and clearly outlines:
- the process for making a complaint about the school or school boarding premises or the behaviour of any person within the school or school boarding premises (for example staff, volunteers, contractors, families, children or students);
- the roles and responsibilities of leadership, school staff, school boarding premises staff, and volunteers in relation to handling complaints; and
- the process for dealing with different types of complaints, breaches of relevant policies or the code of conduct and obligations to act and report.
- ensure complaints are taken seriously and responded to promptly and thoroughly.
- have policies and procedures in place that address reporting of complaints and concerns to relevant authorities, whether or not the law requires reporting, and cooperate with law enforcement.
- ensure recordkeeping, reporting, privacy and employment law obligations are met when responding to complaints and concerns.
- have a clear procedure or set of procedures for responding to complaints or concerns relating to child abuse.
The procedures referred to above must:
- cover all forms of child abuse.
- be sensitive to the diversity and characteristics of the school community or school boarding premises community.
- be made publicly available.
- be accessible to children, students, staff, volunteers and the school community or school boarding premises community.
- apply to complaints and concerns relating to child abuse made by or in relation to a child or
student, school staff, school boarding premises staff, volunteers, contractors, service providers, visitors, or other persons while connected to a school environment or school boarding premises environment. - identify the roles and responsibilities of school staff or school boarding premises staff and leadership to act and report on complaints and concerns relating to child abuse including:
- ensuring that the complaint or concern is taken seriously;
- promptly and thoroughly managing the response of the school or provider of school boarding services;
- responding appropriately to a child or student who raises or is affected by the complaint or concern;
- monitoring overall compliance of the school or provider of school boarding services with the procedure; and
- managing an alternative procedure for responding to the complaint or concern if any person allocated responsibility cannot perform their role.
- include a statement that fulfilling the roles and responsibilities in the procedure does not displace or discharge any other obligations that arise if a person reasonably believes that a child is at risk of child abuse.
- clearly describe the actions the school or provider of school boarding services will take to respond to a complaint or concern relating to child abuse, including actions to:
- report allegations, suspicions or disclosures to relevant authorities, regardless of whether there is a legal obligation to report;
- protect any child or student connected to the complaint or concern relating to child abuse until the complaint or concern is resolved; and
- make, secure, and retain records of the complaint or concern and the response of the school or provider of school boarding services.
The procedures referred to above must not:
- prohibit or discourage school staff, school boarding premises staff or volunteers from reporting a complaint or concern relating to child abuse to a person external to the school or school boarding premises.
- state or imply that it is the victim’s responsibility to inform the police or other authorities of an allegation relating to child abuse.
- require school staff, school boarding premises staff or volunteers to make a judgment about the truth of a complaint or concern relating to child abuse.
- prohibit school staff, school boarding premises staff or volunteers from making records in relation to a complaint or concern relating to child abuse.
Child safety knowledge, skills and awareness
Schools and school boarding premises must ensure that staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training.
In complying, the school governing authority or school boarding premises governing authority must, at a minimum:
- ensure that, at least annually, school staff or school boarding premises staff engaged in child-connected work receive training and information on child safety that includes:
- the child safety and wellbeing policy of the school or provider of school boarding services;
- the child safety code of conduct of the school or provider of school boarding services;
- the procedure or set of procedures for responding to complaints or concerns relating to child abuse;
- guidance on recognising indicators of child harm including harm caused by other children and students;
- guidance on responding effectively to issues of child safety and wellbeing and supporting colleagues who disclose harm;
- guidance on how to build culturally safe environments for children and students;
- guidance on their information sharing and recordkeeping obligations; and
- guidance on how to identify and mitigate child safety and wellbeing risks in the school environment without compromising a child or student’s right to privacy, access to information, social connections and learning opportunities.
- ensure that volunteers engaged in child-connected work receive training and information that will equip them with the knowledge, skills and awareness required to keep children and students safe and that is appropriate to the nature and responsibilities of their role.
- when determining the type of training and information to provide to volunteers, consider whether or not it is reasonable and necessary to include training and information on:
- the child safety and wellbeing policy of the school or provider of school boarding services;
- the child safety code of conduct of the school or provider of school boarding services;
- guidance on how to recognise indicators of child harm including harm caused by other children and students;
- guidance on how to respond effectively to issues of child safety and wellbeing and support colleagues who disclose harm;
- guidance on how they can contribute to building culturally safe environments for children and students;
- guidance on any obligations they have relating to information sharing and recordkeeping; and
- guidance on how to identify and manage child safety risks relevant to the role the volunteer will undertake, without compromising a child or student’s right to privacy, access to information, social connections and learning opportunities.
- ensure that school staff, school boarding premises staff and volunteers are supported to implement the child safety and wellbeing policy of the school or provider of school boarding services to the extent that it is applicable to their role and responsibilities.
- ensure that, at least annually, appropriate training and guidance is provided to the members of the governing body about:
- individual and collective obligations and responsibilities for implementing the Child Safe Standards and managing the risk of child abuse;
- child safety and wellbeing risks in the school environment or school boarding premises environment; and
- the child safety policies, procedures and practices of the school or provider of school boarding services.
Child safety in physical and online environments
Schools and school boarding premises must ensure that physical and online environments promote safety and wellbeing while minimising the opportunity for children, young people and students to be harmed.
In complying, the school governing authority or school boarding premises governing authority must, at a minimum:
- ensure that the child safety and wellbeing policies, procedures and practices of the school or provider of school boarding services enable school staff, school boarding premises staff, and volunteers to identify and mitigate risks in school environments and school boarding premises environments without compromising a child or student’s right to privacy, access to information, social connections and learning opportunities.
- develop and endorse a policy or statement on online conduct and online safety that is consistent with the child safety and wellbeing policy and practices and child safety code of conduct of the school or provider of school boarding services.
- ensure the procurement policies of the school or provider of school boarding services for facilities and services from third parties ensure the safety of children and students.
Note: Schools and school boarding premises procure a wide range of goods and services, some of which may be obtained at no cost. Child safe procurement policies apply regardless of the value of the product or service.
Review of child safety practices
Schools and school boarding premises must ensure that implementation of Ministerial Order 1359 is regularly reviewed and improved.
In complying, the school governing authority or school boarding premises governing authority must, at a minimum:
- review and evaluate the child safety and wellbeing policies, procedures and practices of the school or provider of school boarding services after any significant child safety incident, or at least every two years, and improve where applicable.
- ensure complaints, concerns and safety incidents are analysed to identify causes and systemic failures and inform continuous improvement.
- report on the outcomes of relevant reviews to school staff, school boarding premises staff, volunteers, the school community or school boarding premises community, and families and students.
Implementation of child safety practices
Schools and school boarding premises must have policies and procedures that document how schools and school boarding premises are safe for children, young people and students.
In complying, the school governing authority or school boarding premises governing authority must, at a minimum, ensure:
- that the school or provider of school boarding services implements practices for a child-safe environment in accordance with Ministerial Order 1359.
- that the policies and procedures and any other statements and records Ministerial Order 1359 requires:
- address all Child Safe Standards;
- are understood and implemented by all relevant school staff, school boarding premises staff, the governing body and volunteers;
- are championed and modelled by leaders;
- are documented and easy to understand; and
- are informed by best practice models and stakeholder consultation.
How Safeguarding Services Can Assist in Implementing Ministerial Order 1359
Ensuring compliance with Ministerial Order 1359 is paramount for all Victorian educational institutions. Safeguarding Services offers comprehensive support to help your school or boarding premises meet these obligations effectively. Our services include:
- Policy Development and Review: Assisting in the creation and evaluation of child safety and wellbeing policies that align with the Order’s requirements.
- Risk Assessment and Management: Conduct thorough assessments to identify potential child safety risks and implement robust mitigation strategies.
- Training and Capacity Building: Providing tailored training programs to equip staff and volunteers with the necessary knowledge and skills to uphold child safety standards.
- Ongoing Support and Consultation: Offering continuous guidance to ensure sustained compliance and to address any emerging child safety concerns.
Partner with Safeguarding Services to foster a secure and compliant educational environment. Contact us today for a no-obligation discussion on how we can support your community in implementing Ministerial Order 1359.