Our Services

Decision making capacity

An individual or organisation providing services, programs, facilities or activities must be able to identify the person(s) responsible for making decisions about the child, young person or other vulnerable person.

We can advise and support individuals and organisations to:

• empower children, young people and other vulnerable people to make their own decisions
• understand the role of supportive decision makers
• identify people who may be responsible for making decisions on behalf of a child, young person or other vulnerable person by:
  • interpreting court orders such as parenting orders, family violence intervention orders, personal safety intervention orders, protection orders, and guardianship and administration orders.
  • interpreting other documents such as advance care directives and powers of attorney.
• manage disputes between people who believe that they may be responsible for making decisions on behalf of a child, young person or other vulnerable person.

Informed Consent

Children and young people, other vulnerable people or their substitute decision makers must usually provide informed consent prior to the proposed services, programs, facilities or activities being provided.

We can advise and support individuals and organisations to:

• draft or review consent forms
• determine whether informed consent has been provided in individual circumstances
• determine what action can be taken if informed consent cannot be provided by the child, young person or other vulnerable person and there is no substitute decision maker
• determine whether the service, program, facility, or activity can be provided without the person’s consent
• determine what actions should be taken if the child, young person, other vulnerable person or their substitute decision maker withdraws consent that was previously provided.

Individuals and organisations that provide services, programs, facilities and activities to children and young people, and other vulnerable people, must engage in careful planning. This can help identify and manage risks. It can also help improve the health,  safety and wellbeing of those who will benefit from these services, programs, facilities and activities.

We can advise and support individuals and organisations throughout this planning process to carefully consider, assess and manage matters such as the following:

• nature of the services, programs, facilities and activities to be offered and any associated risks
• skills and capabilities of the children, young people and other vulnerable people that are to benefit from the services, programs, facilities or activities
• level of supervision required
• qualifications, skills, experience and suitability of the employees, contractors and volunteers that will provide support, care and supervision
• roles and responsibilities of third-party providers
• equipment and other materials required
• suitability of any transport to be provided
• weather conditions that may impact on the delivery of the service, program or activity
• expected standards of behaviour
• reasonable adjustments that may be required for any individual children, young people and other vulnerable people
• any concerns about the behaviour of individual children, young people or other vulnerable people
• any medical conditions or allergies that need to be managed
• availability of first aid equipment and qualified people to administer first aid if required
• emergency management planning
• availability of food, drinking water, and other essential provisions
• availability of toileting and bathroom facilities
• suitability of any location, facility or accommodation
• bedding and sleeping arrangements.

We can also advise and support individuals and organisations to identify, understand and manage the individual needs of children and young people, and other vulnerable people including:

• medical conditions such as asthma, diabetes, epilepsy, allergies and anaphylaxis
• administration and management of medication
• support with personal care such as toileting, personal hygiene, eating and drinking, and mobility assistance
• communication needs and supports
• challenging behaviour such as disruptive, violent, aggressive, unsafe, destructive and inappropriate social behaviours
• development, implementation and review of individual plans such as Health Support Plans, Behaviour Support Plans, and Individual Learning Plans.

We can also assist individuals and organisations by drafting or reviewing enrolment agreements, service agreements, consent forms and associated documents.

We can also assist in the development, implementation and review of related policies, procedures and templates.

Individuals and organisations that provide services, programs, facilities and activities to children and young people, and other vulnerable people must have robust systems, policies and procedures.

We can advise and support individuals and organisations to develop and implement effective operating systems that include:

• governance arrangements
• strategies and operational plans
• key performance indicators
• decision making frameworks
• roles and responsibilities
• induction, training and mentoring
• supervision and management
• internal reporting
• audits and reviews
• analysing data e.g. number and types of incidents and complaints
• continuous improvement.

We can also support individuals and organisations to develop, implement and review related frameworks, policies, procedures and templates including those relating to:

• recruitment and induction of employees, contractors and volunteers
• equity, diversity and inclusion
• risk management
• incident management
• reporting obligations
• management of feedback and complaints
• privacy and information sharing
• records management.

We can also support individuals and organisations to develop, implement, enforce and review codes of conduct for:

• employees, contractors and volunteers
• children and young people, and other vulnerable people
• parents and carers
• families and other members of the community.

It is imperative that individuals and organisations that provide services, programs, facilities or activities to children and young people, and other vulnerable people have robust risk management practices.

We can support individuals and organisations to identify, assess, manage, monitor and review different types of risks including:

• physical injuries such as fractures, concussion, snake or insect bites, sunburn and hypothermia
• allergic or anaphylactic reactions
• choking or aspiration pneumonia
• incorrect administration of medication
• self-harm or attempted suicide
• physical violence and aggressive behaviour
• inappropriate sexualised behaviour
• sexual harassment or sexual assault
• emotional or psychological harm arising from incidents such as bullying, cyber-bullying, discrimination, and racism
• lost, missing, or unaccounted for children, young people or other vulnerable people.

We can also support individuals and organisations to identify, manage and monitor factors that contribute to these risks including:

• the structure, culture, attitudes, practices, policies and procedures of the specific organisation
• the specific nature of the services, programs, facilities and activities being provided to children, young people and other vulnerable people
• the physical locations and facilities in which the services, programs and activities are being provided
• the qualifications, skills, experience and practices of the employees, contractors and volunteers who are supervising and supporting the specific services, programs, facilities and activities
• the circumstances and needs of individual children, young people and other vulnerable people.

We can also help individuals and organisations to create safer physical and online environments in which to provide their services, programs and activities.

Individuals and organisations that provide services, programs, facilities and activities to children and young people, and other vulnerable people must be ready to respond to emergencies and other serious incidents. These incidents can occur without warning and can have devastating consequences to the health, safety and wellbeing of children, young people, other vulnerable people, and/or the employees, contractors and volunteers that support and care for them.

We can support individuals and organisations to plan and prepare for emergencies or serious incidents that may occur, including:

• fires including building fires, bushfires or grassfires
• medical emergencies
• severe weather events such as floods, severe thunderstorms, severe rain or hail
• loss of essential services such as electricity and water
• local police incidents
• intruders engaging in violent, threatening or aggressive behaviour
• identification of asbestos and other hazardous materials.

We can also support individuals and organisations to develop, implement, monitor and review emergency management plans.

We can also advise and support individuals and organisations to respond, manage and recover from specific emergencies or incidents.

Individuals and organisations that provide services, programs, facilities or activities to children and young people, and other vulnerable people must ensure that their employees, contractors and volunteers are suitable and do not pose an unacceptable risk to the children, young people, and vulnerable people that they are supporting.

We can provide advice and support in relation to:

• developing and implementing robust recruitment policies, procedures and templates
• conducting appropriate interviewing and screening processes to help ensure that you are employing or engaging qualified, suitable and registered people
• planning, developing and delivering comprehensive induction programs and related resources to support new employees, contractors and volunteers to understand their roles and responsibilities, and their obligations.

It is important that individuals and organisations continue to train, educate and support their employees, contractors and volunteers to provide for the health, safety and wellbeing of children and young people, and other vulnerable people.

We can support individuals and organisations to develop and deliver training, education and resources for its employees, contractors and volunteers. This training, education and resources may include topics such as the following:

• expected standards of behaviour
• risk management
• understanding and identifying different types of abuse, neglect and harm
• understanding and identifying other inappropriate conduct such as discrimination, racism, bullying, harassment and victimisation
• indicators that a child, young person or other vulnerable person may be at risk of harm, is being harmed, or is otherwise needing support
• knowing how to respond when a child, young person or other vulnerable person makes a disclosure of harm or abuse
• mandatory reporting and other reporting obligations
• reportable conduct scheme
• behaviour management
• incident management
• complaints management
• privacy and information sharing
• records management
• good decision making
• other legal obligations.

We can also support individuals and organisations to develop and deliver training, education and resources for children and young people, and other vulnerable people. This may include topics such as the following:

• rights and responsibilities
• expected standards of behaviour
• how to recognise physical abuse, sexual abuse, emotional or psychological abuse, neglect, family violence, bullying, discrimination, racism, harassment, unfair treatment and punishment and other inappropriate behaviour
• how to provide feedback, make a complaint, and report incidents or concerns
• the details of other organisations that can assist in responding to safety, quality and care issues
• the details of other organisations that can provide support to children, young people and other vulnerable people
• privacy and information sharing.

We can also support individuals and organisations to develop and deliver training, education and resources for parents and carers. This may include topics such as the following:

• rights and responsibilities
• expected standards of behaviour
• indicators that a child, young person or other vulnerable person may be at risk of harm, is being harmed, or is otherwise needing support
• identifying the warning signs of grooming, abuse, neglect and other inappropriate behaviour towards children, young people and other vulnerable people
• knowing how to respond when a child, young person or other vulnerable person makes a disclosure of harm or abuse
• how to provide feedback, make a complaint, and report incidents or concerns
• the details of other organisations that can assist in responding to safety, quality and care issues
• the details of other organisations that can provide support to children, young people, other vulnerable people, and their families
• privacy and information sharing

We can also work with individuals and organisations to develop and deliver training that is specific to their individual and current needs. This may involve helping to educate employees, contractors, volunteers, children and young people, other vulnerable people, parents and carers and members of the community about:

• individual frameworks, policies and procedures
• codes of conduct
• specific issues or concerns that have arisen for that particular organisation.

Individuals and organisations that provide services, programs, facilities and activities are required to manage a large variety of incidents that may adversely impact on the health, safety and wellbeing of children, young people and other vulnerable people.

These include incidents of abuse, neglect, harm, violence or exploitation such as:

• grooming, sexual assaults and sexual harassment
• sexual exploitation
• physical violence and assaults
• restraint and seclusion
• intimidation and threats
• financial abuse
• discrimination and racism.

These also include incidents between children and young people, and other vulnerable people such as:

• harmful sexualised behaviour
• sexual assaults
• sexting and sharing intimate images
• bullying and cyberbullying
• physical violence
• aggressive and threatening behaviour.

These also include other significant and serious incidents such as:

• physical injuries e.g. broken limbs, concussion
• self-harm, suicidal ideation, suicide attempts
• acute mental illness
• drug overdoses
• person affected by alcohol
• use or possession of firearms, weapons and other dangerous articles
• family violence
• criminal conduct.

These also include managing emergencies such as:

• unexpected or preventable deaths
• child, young person or other vulnerable person who has run away, absconded or is missing
• medical emergencies such as an asthma emergency, anaphylactic reaction, breathing difficulties, heart attack or stroke
• infectious diseases
• food poisoning
• error in the administration of medication
• exposure to hazardous materials
• fires such as building fires and bushfires
• floods and other severe weather events.

We can advise and support individuals and organisations to respond, manage and recover from significant and serious incidents or emergencies. This may include:

• providing support and assistance to all of the children and young people, or other vulnerable people impacted by the incident
• providing for the ongoing health, safety and wellbeing of children, young people and other vulnerable people
• reviewing or investigating the circumstances and contributing factors that led to the incident.
• determining whether any further action needs to be taken to prevent further incidents from occurring.

Individuals and organisations that provide services, programs, facilities and activities to children and young people, and other vulnerable people have various reporting and protection obligations. These include the following:

• mandatory reporting to the Department of Families, Fairness and Housing (DFFH) (Child Protection)
• disclosing child sexual offences to the Victoria Police
• taking reasonable steps to protect children and young people from sexual abuse that may be committed by an adult associated with the organisation.

We can advise and support individuals and organisations to understand and comply with these reporting and protective obligations.

We can also support individuals and organisations to take action in relation to specific matters. This includes:

• reporting to the relevant authorities
• co-operating with any subsequent investigations; and
• providing for the ongoing health, safety and wellbeing of the child, young person, or other vulnerable person that is the subject of the report.

Individuals and organisations that provide services, programs, facilities and activities to children and young people, and other vulnerable people have various privacy and information sharing obligations including obligations under the following legislative schemes:

• Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs)
• Health Records Act 2001 (Vic) and the Health Privacy Principles (HPPs)
• Privacy and Data Protection Act 2014 (Vic) and the Information Privacy Principles (IPPs)
• Child Information Sharing Scheme
• Family Violence Information Scheme
• Child Link

Sometimes individuals and organisations may also be required to understand and comply with:

• subpoenas and witness summonses; and
• pseudonym and suppression orders.

We can assist individuals and organisations to comply with their privacy and information sharing obligations. This includes providing advice and support to:

• proactively disclose information and documentation
• make specific requests for information and documentation
• respond to specific requests for information and documentation
• comply with subpoenas and witness summonses
• negotiate the scope of a subpoena or witness summons including applying redactions if appropriate to do so
• object to a subpoena or witness summons
• apply or respond to an application for a pseudonym or suppression order
• comply with an existing pseudonym or suppression order.

We can also advise and support individuals and organisations in circumstances where information is lost or stolen, or subject to unauthorised access or disclosure including:

• providing support and assistance to all of the children and young people, or other vulnerable people affected by the incident and otherwise making provision for their health, safety and wellbeing.
• determining whether other persons or bodies need to be notified of the incident.
• investigating or reviewing the circumstances and contributing factors that led to the incident.
• determining whether any further action needs to be taken to prevent further incidents from occurring.
• co-operating with any external investigation or review of the incident.
• complying with any regulatory action that may be taken as a result of the incident.

Individuals and organisations that provide services, programs, facilities or activities to children and young people, or other vulnerable people are also subject to significant regulatory oversight.

We can provide comprehensive advice and support to individuals and organisations to understand and comply with their regulatory obligations.

This includes supporting individuals and organisations to make:

• an initial application for registration
• a subsequent application to renew, amend, or transfer registration
• an application to vary, amend or revoke conditions or restrictions on an existing registration.

During this process, we can support you to:

• plan, prepare and submit the relevant application
• collate the necessary information and documentation to support the relevant application
• respond to requests from the regulator for additional information and documentation
• prepare submissions to the regulator to respond to a proposed decision to:
  • impose conditions or restrictions on the provider registration; or
  • refuse the application
• appeal decisions to refuse an application
• understand the legal obligations, conditions and restrictions imposed on the provider’s registration.

We can also advise and support individuals and organisations to comply with relevant standards such as:

• the Child Safe Standards
• the Education and Care Services National Quality Standards
• the Disability Standards for Education
• the Social Service Standards
• the NDIS Practice Standards
• the mental health and wellbeing principles
• the National Safety and Quality Health Service Standards.

This advice and assistance may include:

• developing and implementing systems, policies and procedures to help comply with these standards.
• training and educating employees, contractors, volunteers, children and young people, other vulnerable people, parents and carers, and their communities about the standards, and their respective roles and responsibilities.

We can also advise and support individuals and organisations to:

• understand and comply with other legal and regulatory obligations.
• conduct internal audits or reviews to determine compliance with standards and other legal obligations.
• prepare for external reviews, audits and assessments.
• co-operate with any regulatory action taken by regulatory authorities.

Individuals and organisations that provide services, programs, facilities or activities to children and young people, and other vulnerable people may receive funding from the government or relevant agencies. There are usually conditions and restrictions attached to this funding.

We can provide advice and support to individuals and organisations to:

• interpret the funding agreement, related policies and procedures, and other relevant documentation
• understand and comply with the conditions, requirements and limitations attached to funding
• report to the funding body as appropriate
• conduct internal audits, reviews and investigations as required e.g. reporting and investigation of certain incidents using the Client Incident Management System (CIMS) used by the Department of Families, Fairness and Housing.

Individuals and organisations that provide services, programs, facilities or activities to children and young people, and other vulnerable people may be required to report certain incidents to regulatory bodies and/or funding bodies. For example:

• Education and care services in Victoria must notify the Department of Education (Quality Assessment and Regulation Division) of certain incidents.
• Social service providers must notify the Social Services Regulator of certain incidents.
• NDIS providers must notify the NDIS Quality and Safeguards Commission of certain incidents.

We can conduct independent investigations into these incidents to determine the circumstances and contributing factors that led to the incident.

We can also provide legal advice and support individuals and organisations to respond to these incidents. This may include:

• reporting these incidents to the relevant regulatory authorities and/or funding bodies.
• determining whether any further action needs to be taken to prevent further incidents from occurring.
• co-operating with any external investigations or reviews of these incidents.
• complying with any regulatory action that may be taken as a result of these incidents.

The Reportable Conduct Scheme applies to certain individuals and organisations that exercise care, supervision and authority over children. The purpose of the Reportable Conduct Scheme is to help ensure that reportable allegations are identified, reported, and properly investigated.

Reportable allegations refer to allegations that employees, contractors, volunteers or certain other people associated with the individual or organisation may have engaged in any of the following conduct:

• sexual offence committed against, with, or in the presence of a child
• sexual misconduct committed against, with, or in the presence of a child
• physical violence committed against, with, or in the presence of a child
• any behaviour that causes significant emotional or psychological harm to a child
• significant neglect of a child.

We can conduct independent investigations in relation to reportable allegations made against current or former employees, contractors and volunteers.

Our process are thorough and procedurally fair. Our findings are based on relevant and reliable evidence. Our reports are logical, concise and easy to follow.

We can also provide comprehensive legal advice and support to individuals and organisations that must comply with the Reportable Conduct Scheme. This advice and support may include any or all of the following:

• assessing whether the alleged conduct needs to be managed in accordance with the Reportable Conduct Scheme.
• reporting to the Commission for Children and Young People.
• communicating with the affected children and their families, the subject of allegation, witnesses and others impacted by the alleged conduct.
• communicating with Victoria Police and any other relevant regulatory authorities and stakeholders.
• requesting and disclosing relevant information and documentation.
• determining what further action (including disciplinary action) should be taken at the end of the investigation.

Individuals and organisations that provide services, programs, facilities or activities to children and young people, and other vulnerable people may become aware of other allegations made about an employee, contractor or volunteer. This may include:

• Misconduct – Misconduct refers to a failure to comply with the standards of conduct that are expected of the particular employee, contractor or volunteer. It may relate to a failure to comply with legal obligations, professional codes of conduct or relevant policies, procedures and guidelines.
• Unsatisfactory performance – Unsatisfactory performance refers to situations where an employee, contractor or volunteer fails to perform their role, discharge their responsibilities, or otherwise fails to meet the standards expected of them.

We can conduct independent investigations in relation to misconduct or unsatisfactory performance allegations made against current employees, contractors and volunteers.

Our process are thorough and procedurally fair. Our findings are based on relevant and reliable evidence. Our reports are logical, concise and easy to follow.

We can also provide comprehensive legal advice and support. This may include any or all of the following:

• considering whether to take immediate action to manage any ongoing risks to the health, safety and wellbeing of others
• providing support to the children, young people and other vulnerable people affected by the alleged conduct
• communicating with the affected children, young people and other vulnerable people, their families, the subject of allegation, witnesses and others impacted by the alleged conduct
• communicating with Victoria Police and any other relevant regulatory authorities and stakeholders (if appropriate to do so)
• requesting relevant information and documents
• engaging health practitioners or other professionals to provide professional opinions about the allegations
• ensuring a fair and transparent process including an opportunity for the person to respond to the allegations
• reviewing investigation reports
• determining what further action (including disciplinary action) should be taken at the end of the investigation.

Sometimes individuals or organisations may be concerned about the capacity of an employee, contractor or volunteer to perform their role.

The ability of an employee, contractor or volunteer to perform their role may be adversely impacted by various factors including:

• physical injury
• mental illness or psychological distress
• alcohol or drug dependence
• medical condition.

We can provide legal advice and support to individuals and organisations to sensitively and fairly manage these concerns.

Individuals and organisations may be concerned about the conduct or challenging behaviour of a child, young person or other vulnerable person.

We can provide advice and support to sensitively and fairly manage these concerns.

We can assist individuals and organisations to develop and implement strategies to help prevent the child, young person or other vulnerable person from engaging in the challenging behaviour. This may include:

• working with relevant professionals to understand:
  • the behaviour
  • the underlying causes or functions of the behaviour
  • the triggers that may lead to challenging behaviour
  • the strategies that can be used to respond to the behaviour.
• developing and implementing Behaviour Support Plans
• regularly reviewing the effectiveness of the strategies being used to manage the challenging behaviour.

We can also assist individuals and organisations to manage specific incidents. This may include:

• taking immediate action to manage any ongoing risks to the health, safety and wellbeing of all children, young people and other vulnerable people
• providing support to all of the children, young people and other vulnerable people impacted by the behaviour
• understanding the circumstances leading up to the conduct or challenging behaviour and the reasons for the conduct or behaviour
• consulting with health practitioners and other professionals
• conducting investigations
• determining what further action should be taken including consideration of disciplinary action, suspension or expulsion, or terminating services in appropriate circumstances.

Individuals and organisations may be concerned about the conduct of parents and carers, visitors and others who are part of the community.

We can provide advice and support to sensitively and fairly manage these concerns.

This may include taking preventative steps such as:

• developing and implementing codes of conduct and other relevant policies and procedures
• delivering training and education to the community
• regularly communicating about expected standards of behaviour.

This may also include managing and resolving specific incidents involving parents and carers, visitors and others.

If appropriate, we can also conduct independent investigations into specific allegations made about parents and carers, or others in the community.

Individuals and organisations that provide services, programs, facilities and activities to children and young people, and other vulnerable people may receive complaints, concerns or feedback from:

• children, young people and other vulnerable people
• parents and carers
• members of the community
• employees, contractors and volunteers.

It is critical that individuals and organisations take these seriously because they can assist them to:

• identify and manage potential risks, issues, incidents or areas for improvement.
• improve policies and procedures, and ways of working.
• identify and support children, young people and other vulnerable people who are at risk or may be in need of additional assistance.
• identify and support employees, contractors, volunteers and others who may have acted inappropriately and may require additional mentoring or training.
• identify and address issues in the physical or online environment.
• comply with legal obligations such as the reportable conduct scheme, mandatory reporting and other reporting obligations, occupational health and safety obligations, and duty of care.

We can advise and support individuals and organisations to appropriately, fairly and effectively assess, investigate and respond to complaints, concerns and feedback.

Individuals and organisations that provide services, programs, facilities or activities to children and young people, or other vulnerable people can also sometimes be subject to regulatory investigations.

We can provide comprehensive advice and support throughout a regulatory investigation. This may include:

• understanding the investigation process and the powers of the regulator
• responding to requests for information and documents
• preparing witness statements and submissions
• understanding and implementing any advice, recommendations or directions provided by the regulator
• responding to an infringement notice or criminal charges
• applying for a review of the decision of the regulator if appropriate to do so.

We can also advise and support individuals and organisations who become aware that a person that they have employed or engaged is the subject of an investigation by Victoria Police or a professional agency or regulatory body such as:

• the Victorian Institute of Teaching
• the Department of Education (Quality Assessment and Regulation Division)
• the Australian Health Practitioner Regulation Agency
• the NDIS Quality and Safeguards Commission
• the Victorian Disability Worker Commission
• the Health Complaints Commissioner.

The advice and assistance that can be provided in these circumstances may include:

• identifying, assessing and managing risks
• determining whether immediate action needs to be taken to protect the health, safety and wellbeing of children and young people, or other vulnerable people
• understanding the investigation process and the powers of the regulator
• responding to requests for information and documents
• understanding the findings of the investigation
• determining what other action to take (if any) at the end of the investigation.

Victoria Police may approach individuals and organisations that provide services, programs, facilities or activities to children and young people, and other vulnerable people to assist them with a criminal investigation. These investigations may relate to current or historical conduct. They are likely to relate to the alleged conduct or omissions of:

• the individual or provider
• a current or former employee, contractor or volunteer
• a child, young person or other vulnerable person
• a parent, carer or family member of a child, young person or other vulnerable person
• a current or former substitute decision maker for a child, young person or other vulnerable peson
• any other person involved in providing care and support to a child, young person or other vulnerable person
• another organisation or professional that is or was providing services or support to a child, young person or vulnerable person.

We can provide advice and support throughout this process.

Individuals and organisations that provide services, programs, facilities or activities to children and young people, or other vulnerable people may also be subject to other external investigations, inquiries or processes.

These include:

• discrimination complaints managed by the Victorian Equal Opportunity and Human Rights Commission or the Australian Human Rights Commission.
• occupational health and safety issues investigated by Worksafe Victoria.
• breaches of privacy investigated by the Office of the Victorian Information Commissioner, the Health Services Commissioner, or the Office of the Australian Information Commissioner.
• inquiries into the services provided to children and young people conducted by the Commission for Children and Young People.
• investigations and inquests into the deaths of children, young people or other vulnerable people conducted by the Coroners’ Court of Victoria.

We can provide comprehensive advice and support throughout any of these processes. This includes:

• understanding the nature of the investigation and the powers of the relevant regulatory authority
• responding to requests for information and documents
• preparing witness statements and submissions
• representing the individual or organisation at any hearings
• understanding and implementing any advice, recommendations, directions or orders received at the end of the investigation or hearing.