Child Protection Policy
1. Purpose and Scope
1.1 Purpose
This Child Protection Policy establishes Baker & York Pty Ltd's commitment to protecting children from all forms of harm, abuse, exploitation and neglect in all our operations, programs, and activities globally.
1.2 Scope
This policy applies to:
(a) All Baker & York employees, directors, and officers.
(b) Consultants, contractors, and subcontractors.
(c) Volunteers and interns.
(d) Partners and implementing organisations.
(e) Visitors to Baker & York programs and field sites.
(f) All activities conducted in Australia and internationally across our operational footprint including the Pacific Islands, Southeast Asia, Central Asia and South Asia.
1.3 Geographic Application
This policy applies to all Baker & York operations in Australia, New Zealand, Pacific Islands, Southeast Asia, Central Asia and South Asia, and any other jurisdiction where we conduct business.
2. Policy Statement
Baker & York Pty Ltd has zero tolerance for child abuse, exploitation, or harm of any kind. We are committed to:
(a) Protecting children from all forms of abuse and exploitation in connection with our work .
(b) Creating safe environments for children in all our programs and activities.
(c) Ensuring all personnel understand their responsibilities to safeguard children.
(d) Responding appropriately to any child protection concerns or incidents.
(e) Complying with all relevant Australian and international child protection laws and standards.
(f) Meeting the child protection requirements of our clients including DFAT, UN Women, Asian Development Bank, and other international organisations.
3. Definitions
3. 1 Child
A child is any person under the age of 18 years, consistent with the UN Convention on the Rights of the Child.
3.2 Child Abuse
Child abuse includes:
(a) Physical Abuse: Any non-accidental physical injury to a child including hitting, shaking, burning, or other forms of harm.
(b) Sexual Abuse: Any sexual activity with a child, including contact and non-contact abuse, exploitation, grooming, and exposure to sexual content.
(c) Emotional/Psychological Abuse: Persistent emotional maltreatment causing severe adverse effects on a child's emotional development.
(d) Neglect: Persistent failure to meet a child's basic physical and/or psychological needs.
(e) Child Exploitation: The use of a child for someone else's advantage, gratification or profit, including child labour and trafficking.
3.3 Child Safeguarding
Measures and structures to prevent and respond to abuse, neglect, exploitation and violence affecting children.
4. Principles
Baker & York's approach to child protection is guided by:
(a) Best Interests of the Child: The child's best interests are paramount in all decisions and actions.
(b) Non-Discrimination: All children have equal rights to protection regardless of age, gender, ability, culture, religion, identity or background.
(c) Participation: Children have the right to express views and have them considered in matters affecting them.
(d) Do No Harm: We will take all reasonable steps to ensure our activities do not expose children to harm.
(e) Accountability: We are accountable to children, their communities, and our stakeholders for child protection.
5. Standards of Conduct
5.1 Mandatory Standards
All Baker & York personnel must:
(a) Treat children with respect and dignity.
(b) Comply with all applicable child protection laws.
(c) Report any child protection concerns immediately.
(d) Complete mandatory child protection training.
(e) Undergo appropriate screening before engagement.
5.2 Prohibited Behaviours
Baker & York personnel must never:
(a) Engage in any form of sexual activity with a child.
(b) Develop physical, emotional or sexual relationships with children.
(c) Act in ways intended to shame, humiliate, belittle or degrade children.
(d) Use language or behaviour toward children that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate.
(e) Engage in physical contact with children that is inappropriate or culturally insensitive.
(f) Spend excessive time alone with children away from others.
(g) Take children to their home or accommodation.
(h) Sleep in the same room or bed as a child.
(i) Use computers, mobile phones, video cameras or social media to exploit or harass children or access child exploitation material.
(j) Hire children for domestic or other labour that is inappropriate given their age or developmental stage.
(k) Do things for children of a personal nature that they can do themselves.
(l) Condone or participate in behaviour with children that is illegal, unsafe or abusive.
(m) Act in ways that may be abusive or place a child at risk of abuse.
5.3 Photography, Filming and Use of Images
When photographing or filming children:
(a) Obtain informed consent from the child and parent/guardian.
(b) Ensure images are respectful and not sexually suggestive.
(c) Ensure children are appropriately dressed.
(d) Ensure images accurately represent the context and facts.
(e) Ensure file labels do not reveal identifying information.
(f) Store images securely with restricted access.
6. Risk Management
6.1 Risk Assessment
Baker & York will:
(a) Conduct child protection risk assessments for all programs and activities involving children.
(b) Identify and assess child protection risks in all operational contexts.
(c) Implement appropriate risk mitigation strategies.
(d) Review and update risk assessments regularly.
6.2 Program Design
Child protection considerations will be integrated into:
(a) Project design and planning.
(b) Partner selection and due diligence.
(c) Field research methodologies.
(d) Stakeholder engagement strategies.
(e) Monitoring and evaluation frameworks.
7. Recruitment and Screening
7.1 Recruitment
All recruitment processes will:
(a) Include child protection responsibilities in position descriptions.
(b) Assess candidates' suitability to work with or around children.
(c) Include behavioural-based interview questions on child protection.
(d) Verify employment history and references with specific child protection questions.
7.2 Screening Requirements
Before engagement, all personnel must:
(a) For Australian-based roles:
(i) Provide a valid Working with Children Check (or state equivalent).
(ii) Provide a National Police Check (less than 6 months old).
(iii) Complete a Child Protection Declaration Form.
(b) For international roles:
(i) Provide police checks from countries of residence (where available).
(ii) Provide international reference checks.
(iii) Complete a Child Protection Declaration Form.
7.3 Ongoing Screening
(a) Working with Children Checks must be renewed as required by law.
(b) Police checks must be renewed every 3 years.
(c) Additional checks may be required based on role changes or concerns.
8. Reporting Procedures
8.1 Reporting Obligations
All personnel must immediately report:
(a) Any child protection concerns or suspicions.
(b) Any breach of this policy.
(c) Any incident involving a child in connection with Baker & York's work.
8.2 How to Report
(a) Internal Reporting:
(i) Report to your immediate supervisor or manager.
(ii) Report to the Chief Executive Officer.
(iii) Anonymous reports can be made via: hello@bakerandyork.com.
(b) External Reporting: Where required by law, reports must also be made to:
(i) Local police or child protection authorities.
(ii) Relevant government agencies (e.g., state child protection services in Australia).
(iii) Client organisations as per contractual requirements.
8.3 What to Report
Reports should include:
(a) Details of the child (if known and safe to share).
(b) Nature of the concern or allegation.
(c) Details of the alleged perpetrator (if known).
(d) Date, time and location of incident.
(e) Any witnesses.
(f) Any immediate action taken.
8.4 Confidentiality
(a) Information will be shared only on a need-to-know basis.
(b) The identity of the reporter will be protected where possible.
(c) Information will be stored securely with restricted access.
9. Response and Investigation
9.1 Immediate Response
Upon receiving a report, Baker & York will:
(a) Ensure the immediate safety of the child.
(b) Assess whether emergency services or authorities need to be contacted.
(c) Provide support to the child and reporter.
(d) Secure any evidence.
(e) Consider interim measures regarding the alleged perpetrator.
9.2 Investigation
(a) All allegations will be taken seriously and investigated promptly.
(b) Investigations will be conducted by appropriately trained personnel.
(c) External investigators may be engaged for serious allegations.
(d) The alleged perpetrator may be suspended pending investigation.
(e) Natural justice principles will be followed.
9.3 Outcomes
Possible outcomes include:
(a) Substantiated: Evidence supports the allegation - disciplinary action up to and including termination.
(b) Unsubstantiated: Insufficient evidence to support the allegation.
(c) False: Evidence proves the allegation is false.
(d) Malicious: The allegation was deliberately false - may result in disciplinary action against the reporter.
9.4 Support
Baker & York will provide appropriate support to:
(a) The child and their family.
(b) The reporter.
(c) Other affected personnel.
(d) The alleged perpetrator (where appropriate).
10. Partner Organisations
10.1 Due Diligence
Before engaging partners, Baker & York will:
(a) Assess the partner's child protection policies and practices.
(b) Ensure partners have adequate child protection measures.
(c) Include child protection requirements in partnership agreements.
10.2 Partnership Agreements
All partnership agreements will:
(a) Require partners to comply with this policy or equivalent standards.
(b) Include child protection reporting requirements.
(c) Allow for termination in case of serious child protection breaches.
(d) Require partners to conduct appropriate screening of their personnel.
10.3 Monitoring
Baker & York will monitor partners' compliance with child protection requirements through:
(a) Regular reporting.
(b) Site visits and audits.
(c) Review of partner policies and procedures.
(d) Investigation of any concerns.
11. Community Engagement
11.1 Community Awareness
Baker & York will:
(a) Communicate child protection commitments to communities where we work.
(b) Provide information on how to report concerns.
(c) Engage communities in child protection efforts.
(d) Respect local child protection systems and customs while maintaining international standards.
11.2 Child Participation
Where appropriate, Baker & York will:
(a) Consult with children on matters affecting them.
(b) Ensure child participation is safe, voluntary and respectful.
(c) Obtain informed consent from children and parents/guardians.
(d) Provide feedback to children on how their input was used.
12. Compliance and Monitoring
12.1 Responsibility
(a) The Chief Executive Officer is responsible for:
(i) Overall implementation of this policy.
(ii) Ensuring adequate resources for child protection.
(iii) Reporting to the Board on child protection matters.
(b) The Child Protection Focal Point is responsible for:
(i) Day-to-day implementation and monitoring.
(ii) Providing advice and support on child protection matters.
(iii) Maintaining child protection records.
(iv) Coordinating training and awareness activities.
12.2 Monitoring and Review
This policy will be:
(a) Reviewed annually or following any significant incident.
(b) Updated to reflect changes in law, best practice or client requirements.
(c) Monitored through regular reporting on child protection incidents and compliance.
12.3 Record Keeping
Baker & York will maintain confidential records of:
(a) Child protection incidents and responses.
(b) Screening checks and training completion.
(c) Risk assessments.
(d) Policy reviews and updates.
(e) Records will be stored securely with restricted access and retained in accordance with legal requirements.
13. Client Compliance
13.1 DFAT Requirements
This policy aligns with the Australian Government's Child Protection Policy and DFAT's requirements for preventing and responding to child exploitation and abuse.
13.2 UN Women Standards
This policy incorporates UN Women's standards on protection from sexual exploitation and abuse, adapted for child protection.
13.3 Asian Development Bank
This policy aligns with ADB's Safeguard Policy Statement and requirements for protecting vulnerable groups including children.
13.4 Reporting to Clients
Baker & York will report child protection incidents to clients as required by contractual agreements and within specified timeframes.
14. Breaches and Consequences
14.1 Breach of Policy
Breaches of this policy will be treated seriously and may result in:
(a) Formal warning.
(b) Additional training requirements.
(c) Suspension.
(d) Termination of employment or engagement.
(e) Legal action.
(f) Reporting to professional bodies or authorities.
14.2 Criminal Conduct
Any conduct that may constitute a criminal offence will be reported to police and relevant authorities.
15. Related Policies and Documents
This policy should be read in conjunction with: