Introduction
1. Disciples Church is committed to providing a child-safe and child-friendly environment, which includes ensuring that children, vulnerable people, personnel or caregivers who wish to report allegations of abuse or child safety concerns know how to make the report and are encouraged to do so.
2. Abuse often occurs in environments where trust is involved, where a person in a position of trust and/or authority misuses their position to harm another. Often the recipient of the abuse is vulnerable due to their personal circumstances or because the abuser is in a position of power or authority. Abuse is a serious concern, and it is the responsibility of leaders within Disciples Church and all those who work with children and vulnerable people to do everything possible to prevent and/or minimise the risk of abuse.
3. This policy must be followed by every person involved in Disciples Church.
4. For the purpose of this policy a child is a person under the age of 18 years.
2. Abuse often occurs in environments where trust is involved, where a person in a position of trust and/or authority misuses their position to harm another. Often the recipient of the abuse is vulnerable due to their personal circumstances or because the abuser is in a position of power or authority. Abuse is a serious concern, and it is the responsibility of leaders within Disciples Church and all those who work with children and vulnerable people to do everything possible to prevent and/or minimise the risk of abuse.
3. This policy must be followed by every person involved in Disciples Church.
4. For the purpose of this policy a child is a person under the age of 18 years.
Conduct Constituting Abuse
5. Abuse can involve neglect, emotional abuse, physical abuse, sexual abuse, domestic violence, and bullying.
6. Inappropriate behaviour (that can be sexual in nature) can include, but is not limited to:
(a) showing favours to one child over others (for example: giving a child a lift home)
(b) baby sitting
(c) taking photos of a child who is in the care of Disciples Church outside of official duties
(d) creating situations to be alone unsupervised with a child (for example: rehearsals, excursions)
(e) repeatedly visiting a child and/or their family at their home for no professional reason
(f) arranging to meet a child alone away from the institution when there is no professional reason for doing so
(g) providing gifts or favours to a child or their family
(h) sharing phone numbers with a child except as allowed by Disciples Church’s Privacy Policy for professional purposes and documentation
(i) engaging with a child via social media except as provided by Disciples Church’s Social Media and Online Child Safety Policy
(j) wearing inappropriate clothing around children
(k) using sexual language or gestures
(l) making written or verbal sexual advances
(m) sharing sexual photos or videos or other photos of the child
(n) sharing details with a child of one’s own sexual experiences
(o) taking a child to one’s house to be alone with the child
(p) asking children to keep a relationship secret
(q) showering or dressing or undressing with the door open (for example, on excursions and in residential situations)
(r) not respecting the privacy of children when they are using the bathroom or changing (for example, on excursions and in residential situations)
Note: While it is understood that actions (a) through to (i) might occur normally within the interactions of family, Missional Community Groups (MCGs) and some pre-existing relationships, it remains the safety policy of Disciples Church not to engage with participants in these ways in the context of the church’s ministries. Any interactions involving participants outside of those ministries must be only within the framework of an established relationship with the parents of the child.
7. Below are examples of conduct, which if proven, would constitute a criminal offence:
(a) obscene exposure (for example, an adult masturbating in front of a child or exposing their genitals)
(b) having, attempting to have, or facilitating any kind of sexual contact with a child
(c) possessing, creating or exposing children to pornography
(d) giving goods, money, attention or affection in exchange for sexual activities or images
(e) voyeurism
(f) sexting
(g) grooming offences (as defined by law in most jurisdictions).
6. Inappropriate behaviour (that can be sexual in nature) can include, but is not limited to:
(a) showing favours to one child over others (for example: giving a child a lift home)
(b) baby sitting
(c) taking photos of a child who is in the care of Disciples Church outside of official duties
(d) creating situations to be alone unsupervised with a child (for example: rehearsals, excursions)
(e) repeatedly visiting a child and/or their family at their home for no professional reason
(f) arranging to meet a child alone away from the institution when there is no professional reason for doing so
(g) providing gifts or favours to a child or their family
(h) sharing phone numbers with a child except as allowed by Disciples Church’s Privacy Policy for professional purposes and documentation
(i) engaging with a child via social media except as provided by Disciples Church’s Social Media and Online Child Safety Policy
(j) wearing inappropriate clothing around children
(k) using sexual language or gestures
(l) making written or verbal sexual advances
(m) sharing sexual photos or videos or other photos of the child
(n) sharing details with a child of one’s own sexual experiences
(o) taking a child to one’s house to be alone with the child
(p) asking children to keep a relationship secret
(q) showering or dressing or undressing with the door open (for example, on excursions and in residential situations)
(r) not respecting the privacy of children when they are using the bathroom or changing (for example, on excursions and in residential situations)
Note: While it is understood that actions (a) through to (i) might occur normally within the interactions of family, Missional Community Groups (MCGs) and some pre-existing relationships, it remains the safety policy of Disciples Church not to engage with participants in these ways in the context of the church’s ministries. Any interactions involving participants outside of those ministries must be only within the framework of an established relationship with the parents of the child.
7. Below are examples of conduct, which if proven, would constitute a criminal offence:
(a) obscene exposure (for example, an adult masturbating in front of a child or exposing their genitals)
(b) having, attempting to have, or facilitating any kind of sexual contact with a child
(c) possessing, creating or exposing children to pornography
(d) giving goods, money, attention or affection in exchange for sexual activities or images
(e) voyeurism
(f) sexting
(g) grooming offences (as defined by law in most jurisdictions).
Making Complaints
8. The process for making a complaint about inappropriate behaviour or abuse is detailed in the Reporting and Complaints Policy, which includes a provision for alternate reporting pathways if there is a conflict of interest.
9. The response to such complaints is detailed below.
9. The response to such complaints is detailed below.
Responding To Complaints
10. Complainants should be encouraged to report their allegation to the Police where the conduct is criminal. Individuals should also be informed of their right to also complain to the Department of Child Safety, Seniors and Disability Services [referred hereafter as ‘Child Safety Services’].
11. Disciples Church will report to Police or Child Safety Services any reasonable suspicions that a child has been a victim of sexual abuse or is at risk of a sexual offence being committed against them.
12. If a complaint is made by a child, the most important thing is to listen and tell the child that they are not to blame. Do not press for information or push the child to reveal the details of the abuse. Do not ask leading questions, rather listen carefully and if possible take notes. Reassure the child that they are right to tell and that what they say is taken very seriously, but do not promise them that no one else will be informed about the complaint.
13. Complaints may be made by someone who witnesses abuse or is informed about abuse that has allegedly occurred. These complaints should be taken just as seriously as if the complaint was coming from the child directly.
14. Disciples Church must respond promptly and consistently to all complaints.
15. Members of Disciples Church must be mindful of diversity and the cultural norms and expectations that are within the group of people coming into contact with Disciples Church. It is important to be aware about the specific diversity needs within Disciples Church. Additional safeguards may be required to meet the needs of children with disability, children from culturally and linguistically diverse backgrounds, Aboriginal and Torres Strait Islander children, or children who live in out-of-home care.
16. The response to the complaint should not just be about the factual circumstances of the allegation but should consider the psychological and other effects on the complainant regardless of whether the complaint has at that stage been formally upheld. Prompt referral to trauma-based counselling including funding of such treatment should occur (where possible and appropriate, and not provided by government systems like the mental health plan for psychologists) to ensure that the potential damage to the victim is minimised.
17. The Risk Management Officer [RMO] will be responsible for handling all complaints and reports, unless another member of the Elder Board is appointed to prevent a conflict of interest.
11. Disciples Church will report to Police or Child Safety Services any reasonable suspicions that a child has been a victim of sexual abuse or is at risk of a sexual offence being committed against them.
12. If a complaint is made by a child, the most important thing is to listen and tell the child that they are not to blame. Do not press for information or push the child to reveal the details of the abuse. Do not ask leading questions, rather listen carefully and if possible take notes. Reassure the child that they are right to tell and that what they say is taken very seriously, but do not promise them that no one else will be informed about the complaint.
13. Complaints may be made by someone who witnesses abuse or is informed about abuse that has allegedly occurred. These complaints should be taken just as seriously as if the complaint was coming from the child directly.
14. Disciples Church must respond promptly and consistently to all complaints.
15. Members of Disciples Church must be mindful of diversity and the cultural norms and expectations that are within the group of people coming into contact with Disciples Church. It is important to be aware about the specific diversity needs within Disciples Church. Additional safeguards may be required to meet the needs of children with disability, children from culturally and linguistically diverse backgrounds, Aboriginal and Torres Strait Islander children, or children who live in out-of-home care.
16. The response to the complaint should not just be about the factual circumstances of the allegation but should consider the psychological and other effects on the complainant regardless of whether the complaint has at that stage been formally upheld. Prompt referral to trauma-based counselling including funding of such treatment should occur (where possible and appropriate, and not provided by government systems like the mental health plan for psychologists) to ensure that the potential damage to the victim is minimised.
17. The Risk Management Officer [RMO] will be responsible for handling all complaints and reports, unless another member of the Elder Board is appointed to prevent a conflict of interest.
Risk Assessments
18. Upon receiving a complaint or disclosure of child abuse, an initial risk assessment must be conducted to identify and minimise any risks to children. This should include:
(a) assessing the safety of the complainant and other children and vulnerable people
(b) considering whether it is necessary to report to another agency and if so, report to that agency, including the Police and Child Safety Services
(c) considering who, if anyone, should be informed of the complaint, with consideration of the need to protect the privacy of the victim as well as ensure the safety the church community
(d) considering whether there are any restrictions to informing others, for example, whether the disclosure bypasses the Privacy Act by being required by law or not
(e) considering what action should be taken about the accused including supervision, removal of contact with children, being stood down and termination
19. If a complaint of child sexual abuse against a person within Disciples Church is plausible then the person should be stood down from their position while the complaint is investigated. This includes allegations regarding a person who is an Elder Board member, Coordinator, Team Leader, Team Member or Staff involved in the ministry of Disciples Church.
20. The Elder Board of Disciples Church will determine to implement the decisions made as a result of the risk assessment.
22. Support should be offered to those affected, including the child or children involved (or the person who made the complaint).
(a) assessing the safety of the complainant and other children and vulnerable people
(b) considering whether it is necessary to report to another agency and if so, report to that agency, including the Police and Child Safety Services
(c) considering who, if anyone, should be informed of the complaint, with consideration of the need to protect the privacy of the victim as well as ensure the safety the church community
(d) considering whether there are any restrictions to informing others, for example, whether the disclosure bypasses the Privacy Act by being required by law or not
(e) considering what action should be taken about the accused including supervision, removal of contact with children, being stood down and termination
19. If a complaint of child sexual abuse against a person within Disciples Church is plausible then the person should be stood down from their position while the complaint is investigated. This includes allegations regarding a person who is an Elder Board member, Coordinator, Team Leader, Team Member or Staff involved in the ministry of Disciples Church.
20. The Elder Board of Disciples Church will determine to implement the decisions made as a result of the risk assessment.
22. Support should be offered to those affected, including the child or children involved (or the person who made the complaint).
Investigating Complaints
22. Disciples Church must investigate all complaints of conduct that does not reach the criminal threshold but may be inappropriate and/or a breach of Disciples Church’s Code of Practice. If there is any doubt about whether the criminal threshold has been reached, the allegation should be reported to the relevant authorities.
23. The person investigating may be the RMO, a member of the Elder Board of Disciples Church, or an appointed contractor to it, depending on the incident type and its gravity.
24. The investigator must ensure that they:
(a) are impartial and objective, applying a consistent treatment of allegations regardless of who they come from and who they are against
(b) have no conflict of interest with the proper investigation of the complaint
(c) have relevant training, skills and experience in investigation processes
(d) follow steps to meet the requirements of procedural fairness.
25. The Lead Pastor should oversee the investigation (or another appointed member of the Elder Board if a conflict of interest exists). They must have sufficient authority to discharge the role effectively and be able to demonstrate they are impartial and objective.
26. Disciples Church will apply the same standards for investigating complaints of child abuse, whether or not the subject of the complaint is a person in a ministry position.
27. The standard of proof that shall be applied by the Elder Board when deciding whether a complaint of child abuse has been substantiated is the balance of probabilities. This is not to be a purely mechanical comparison of mathematical probabilities, but an actual persuasion of the occurrence or existence of the allegation before it can be found. The Elder Board must only be reasonably satisfied that the allegation is made out.
23. The person investigating may be the RMO, a member of the Elder Board of Disciples Church, or an appointed contractor to it, depending on the incident type and its gravity.
24. The investigator must ensure that they:
(a) are impartial and objective, applying a consistent treatment of allegations regardless of who they come from and who they are against
(b) have no conflict of interest with the proper investigation of the complaint
(c) have relevant training, skills and experience in investigation processes
(d) follow steps to meet the requirements of procedural fairness.
25. The Lead Pastor should oversee the investigation (or another appointed member of the Elder Board if a conflict of interest exists). They must have sufficient authority to discharge the role effectively and be able to demonstrate they are impartial and objective.
26. Disciples Church will apply the same standards for investigating complaints of child abuse, whether or not the subject of the complaint is a person in a ministry position.
27. The standard of proof that shall be applied by the Elder Board when deciding whether a complaint of child abuse has been substantiated is the balance of probabilities. This is not to be a purely mechanical comparison of mathematical probabilities, but an actual persuasion of the occurrence or existence of the allegation before it can be found. The Elder Board must only be reasonably satisfied that the allegation is made out.
Outcomes
28. All outcomes and decisions made must be accurately recorded, including the reasons for the decisions.
29. The Elder Board will determine any decisions as a result of the investigation, including informing the complainant and other interested people, institutions or other agencies.
30. There will be an avenue for the accused to discuss the investigation and outcome with the Elder Board. The accused may be entitled to bring a support person or present any evidence they consider appropriate, details of which should be notified to the investigator prior to the date. The Elder Board may then decide to revisit its investigation findings and could decide to implement a modified outcome.
31. Disciples Church may consider the need to conduct a systemic review or root cause analysis, if necessary, and consider the need to recommend changes from that process outlining the continuous improvement system that is in place – including analysis of complaints to identify and address systemic issues.
29. The Elder Board will determine any decisions as a result of the investigation, including informing the complainant and other interested people, institutions or other agencies.
30. There will be an avenue for the accused to discuss the investigation and outcome with the Elder Board. The accused may be entitled to bring a support person or present any evidence they consider appropriate, details of which should be notified to the investigator prior to the date. The Elder Board may then decide to revisit its investigation findings and could decide to implement a modified outcome.
31. Disciples Church may consider the need to conduct a systemic review or root cause analysis, if necessary, and consider the need to recommend changes from that process outlining the continuous improvement system that is in place – including analysis of complaints to identify and address systemic issues.
Substantiated Findings Of Abuse And Convicted Offenders
32. Any person involved in a Disciples Church ministry who is the subject of a complaint of child sexual abuse which is substantiated on the balance of probabilities, or who is convicted of an offence relating to child sexual abuse, must be permanently removed from ministry. All necessary steps must be taken by the Elder Board, Coordinator and Team Leaders to effectively prohibit the person from holding himself or herself out as being a person with religious authority in Disciples Church in any way.
33. Any person in ministry who is convicted of an offence relating to child sexual abuse must be dismissed, deposed or otherwise effectively have their religious status removed.
34. If Disciples Church becomes aware that any person attending any of its services or activities is the subject of a substantiated complaint of child sexual abuse, or has been convicted of an offence relating to child sexual abuse, the Elder Board must:
b) restricting the events and activities the person is allowed to attend
c) implementing an ongoing behavioural management program for that person, reviewed regularly.
33. Any person in ministry who is convicted of an offence relating to child sexual abuse must be dismissed, deposed or otherwise effectively have their religious status removed.
34. If Disciples Church becomes aware that any person attending any of its services or activities is the subject of a substantiated complaint of child sexual abuse, or has been convicted of an offence relating to child sexual abuse, the Elder Board must:
- Assess the level of risk posed to children by that perpetrator’s ongoing involvement in the community of Disciples Church; and
- Take appropriate steps to manage that risk, which may include:
b) restricting the events and activities the person is allowed to attend
c) implementing an ongoing behavioural management program for that person, reviewed regularly.
External Bodies
35. Disciples Church will report concerns, allegations, disclosures or findings relating to the harm of children to external authorities, namely the Police or Child Safety Services or other relevant authority (such as the Office of the Public Guardian).
36. Members of Disciples Church are always able to make a report directly to the Police or Child Safety Services before going through this complaint process. However, afterwards the RMO must be notified of the report made, in order that Disciples Church can take appropriate safety measures and support the parties involved.
37. If the Police are investigating or deciding whether to investigate an allegation, any communication undertaken by Disciples Church might interfere with the Police investigation or undermine possible criminal proceedings. If Disciples Church considers urgent action is required to protect the children in its care, it should consult the Police or Child Safety Services about the action. If Disciples Church wishes to communicate with children, parents or staff about the matter, it should do so only in consultation with the Police or Child Safety Services.
38. Disciples Church will report allegations of child sexual abuse to ACS Insurance Services.
36. Members of Disciples Church are always able to make a report directly to the Police or Child Safety Services before going through this complaint process. However, afterwards the RMO must be notified of the report made, in order that Disciples Church can take appropriate safety measures and support the parties involved.
37. If the Police are investigating or deciding whether to investigate an allegation, any communication undertaken by Disciples Church might interfere with the Police investigation or undermine possible criminal proceedings. If Disciples Church considers urgent action is required to protect the children in its care, it should consult the Police or Child Safety Services about the action. If Disciples Church wishes to communicate with children, parents or staff about the matter, it should do so only in consultation with the Police or Child Safety Services.
38. Disciples Church will report allegations of child sexual abuse to ACS Insurance Services.
Documentation
39. A complaints register is to be kept in the ChildSafe Safety Management Online system. The Child Safety Coordinator [Coordinator] shall be responsible for safeguarding the documentation located on the Organisation's site, and only the Coordinator and RMO shall be permitted access to them.
40. The complaints register shall detail all complaints, any supporting documents, information obtained, the action taken and findings.
41. All steps taken in the complaint handling process must be documented including:
(a) receipt of the complaint
(b) contact with the complainant
(c) contact with witnesses
(d) contact with the accused
42. Evidence obtained during the investigation, including witness statements, must be retained. The identity of the author of the record, the reason for their involvement and the date the record was made shall be documented.
40. The complaints register shall detail all complaints, any supporting documents, information obtained, the action taken and findings.
41. All steps taken in the complaint handling process must be documented including:
(a) receipt of the complaint
(b) contact with the complainant
(c) contact with witnesses
(d) contact with the accused
42. Evidence obtained during the investigation, including witness statements, must be retained. The identity of the author of the record, the reason for their involvement and the date the record was made shall be documented.
Follow Up
43. Disciples Church should ensure that victims are looked out for, even after a complaint is resolved, as the effects of child abuse - especially sexual abuse - are lifelong. The practice of finalising a complaint and excluding someone from an organisational community should be avoided. At the same time Disciples Church should not hold up the healing of the victim by remaining entangled with the victim in the long term.
44. This policy was last updated in November 2023.
44. This policy was last updated in November 2023.