Breaking the Silence

Frequently asked questions

1. Who can I talk to about Breaking the Silence at my church?

If you need information about what is required to work as a leader or with children or young people, your BTS Representative can help you with information about obtaining an appropriate check, registering with the CPU, accessing resources such as the BTS Code of Conduct, as well as other requirements.

If you need to raise an issue or concern, for example you are worried about the safety of a child, there will be support people in your church that have pastoral training and experience and are familiar with how to respond well to issues of abuse under Breaking the Silence. There are posters in your church that have the names and contact details of these people. A church may have one person for this purpose, or perhaps a team of people.  Sometimes a pastoral care team fulfills this purpose.  This support role can be filled by a minister or elder or another mature Christian with appropriate experience.  We encourage churches, if possible, to have at least one female as a support person for when issues arise.  The BTS Representative may also be able to advise you or will be able to guide you on who to talk to. If in doubt, or if you would prefer to talk to someone independent of your church, you are always welcome to contact the CPU on 02 9690 9325 or cpu@pcnsw.org.au – the CPU is here to help.

2. What is BTS Read and Review?

Read and Review (previously called Top-Up Training) in Breaking the Silence is required in the years between completing Foundations Training for all those in a position of authority within the church who work directly with children and young people. It is strongly encouraged for all other leaders as well. It is helpful to think of it as a group review session, rather than training.

This is typically done at the beginning of the year when the new year’s children and youth programs are starting up.

Read and Review involves the following steps:

  1. Read through the BTS Policy together
  2. Read through the BTS Code of Conduct together
  3. Discuss reporting requirements and who to speak to if you have concerns
  4. Discuss any safe ministry issues particular to your ministry 

All of this is contained within the Read and Review Package.

Read and Review is not equivalent to BTS Foundations Training, and responsibility for keeping a record of it lies with your church.

3. How long do churches need to keep records?

The governing legislation for retention is the Statute of Limitations which indicates that records should be kept for 7 years.  If the record is concerning a child or young person the record must be kept for 7 years, or 7 years past when a child turns 18 (ie. age of 25), whichever is greater.  If the record is concerning child sexual abuse it will be retained for 50 years. In any situation where there has been information pertaining to abuse or any allegation of abuse, regardless of the form that such abuse is alleged to have taken, the ordinary procedure in relation to records apart shall not apply and records must be kept for the full period of 50 years. Any such record apart must be transmitted to the CPU when the relevant case is closed.

If you have any questions about this, please contact the CPU.

4. Can we have people from outside our church provide childcare or run events with our kids or youth?

Yes, you can. You can allow people from outside the church to provide child care or run events with the children or young people of your congregation.

However, before they can provide this service they must have met the church’s child protection requirements. That is, they must have a verified Working with Children Check, have current safe ministry training (BTS Foundations Training or equivalent), and know who they are required to report to. It is also important that the individuals have been responsibly selected and that Session is confident that they are suitable.

To collect the information needed for the CPU to verify their WWCC, please complete the external volunteers form and ask your visiting volunteers to send a certificate of their current safe ministry training (if other than BTS Foundations training). For anyone from a state or territory other than NSW, you will also need to obtain a photo or scan of their clearance card (WWVP or WWCC) to send to the CPU.

If people from outside the church are providing assistance to your regular leaders and are “under the supervision” of someone who has met the Breaking the Silence requirements then they can help out. It must be made very clear however that they are not to be left alone with any child or group of children and must be in the presence of the authorised person at all times.

5. Can we include children and young people in images in our newsletter, website, social media etc.?

Anyone wanting to take photos or video of children in the church must get parental permission. We recommend a cautious approach. To gain informed consent, you must include information about where you wish to publish the photos on the permission note. Examples of forms used to obtain this permission are provided on the Resources page, under Templates. We recommend using or adapting these for use in your context.

If your church live-streams or records services where those in attendance may be seen on video, you should actively inform everyone of this. Remember - there can be very good reasons for parents and carers to not want their child's image used and circulated. This is sometimes directly related to the safety of a child or young person. Similarly, adults can also be in a situation where they must be cautious about their image being used.

6. Do leaders who have child protection training included in their profession have to do the BTS Foundations Training?

Many people work in a profession (such as teaching or healthcare) which includes child protection training in their professional development.

However, as BTS covers more than just child protection and addresses the issue of abuse from the church’s point of view, they still need to complete the full Breaking the Silence: Foundations Training. This ensures they are trained with the same information as other leaders in their church, ensuring everyone is well equipped to serve and protect people of all ages who they may encounter in their ministry activities.

7. If I have done child protection or safe ministry training in another denomination, do I have to do the BTS Foundations Training?

As a denomination, it is our aim to ensure that all those serving in positions of authority are equipped and trained to conduct their activities in a safe, consistent way that minimises the risk of harm and allows the church to respond well to issues that arise.

The best way to ensure that everyone is trained with the same understanding and protocols is to have everyone complete the same training course. In the Presbyterian Church in NSW, the ACT, Tasmania and WA, this course is Breaking the Silence: Foundations Training.

Even if you have completed safe ministry training in a different denomination, we require that you take the time to be trained in the Breaking the SilenceFoundations Training course. This training is valid for 3 years and recorded by the Conduct Protocol Unit.

8. Can someone under 18 years old serve in a role?

Many children’s programs in the church have young people helping with activities.

However, wisdom and serious consideration should be given when allowing a young person to assist in a ministry role. If you have a particular situation involving a young helper who is under 18 and you require clarification of what is required, please contact the CPU.

 

It is not wise for someone under the age of 18 to be in charge of a group of children. Being a child themselves, they cannot be given the responsibility of being a leader of a group and should only be providing assistance to the adult leaders. 

Helpers under 18 should be encouraged to mainly help in activities with significantly younger children (not their peers), and can take on this role only when they are under the supervision of at least two adult leaders. These senior leaders must meet all the requirements of Breaking the Silence, and it should be clear that they have responsibility for the group - Young Helpers do not count towards the number of leaders present for supervision or accountability. It should also be made clear to the adult leaders that the Helper is still a child and the same protocols apply regarding maintaining boundaries and accountability when working together.

 
HELPERS AGED 12-17 YEARS OLD

Paperwork: The Young Helper Agreement should be completed. Session must make sure that Young Helpers have the consent of their parents / carers to assist. To give this consent, they need to receive, read, understand and sign the Young Helper Agreement, before their child can begin the role. This means they must be happy for their child have discussions with the supervising leaders about the behaviour that is expected and how to manage any worries they may have. 

Training: Consult the CPU.

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For very short-term activities (eg. church camps) where young helpers are fully under the supervision of 2 adult leaders and are only assisting for a short period of time, a Young Helper Agreement is not needed.

We recommend a safety conversation with all involved, ensuring that the expected behaviour is outlined and what young people need to do if they are worried about a child in their group. A helpful starting point for having this conversation is to review the info sheet Running Youth Group Games and Activities together.

9. What do people who are exempt from the WWCC (in NSW) need to do?

There are some people in our churches who work with children and young people who are not eligible to apply for a Working with Children Check.  There are others who are exempt from the Check (see the list below).  

If you are an adult (over 18 years of age) please consult the CPU to check what is required.

If you are between 16 and 18 years old, undertaking children’s or youth ministry under the supervision of two senior leaders with WWCCs and BTS training, you are considered to be a Young Helper and need to complete the Young Helper Agreement.

People who are exempt from the NSW Working with Children Check

There are specified exemptions from the Working With Children Check. People covered by these exemptions are not required to have a Working With Children Check. There are more exemptions than listed below (you can find the full list at ocg.gov.au) but these are the ones most likely to apply within PCNSW:

  1. Children (under the age of 18)
  2. Administrative, clerical, maintenance or ancillary work, not ordinarily involving contact with children for extended periods
  3. Very short term work: -A worker who works for a period of not more than a total of 5 working days in a calendar year, if the work involves minimal direct contact with children or is supervised when children are present - As a visiting speaker, adjudicator, performer, assessor or other similar visitor for a one off occasion, in the presence of one or more other adults
  4. Volunteering by a parent or close relative at an activity in which the child usually participates (in this case PCNSW requires that they only assist their own child and are supervised)
  5. Interstate visitors: – can work or volunteer at a one-off event for up to 30 days a year without a NSW Working With Children Check - can work or volunteer in any child-related work for up to 30 days a year, if the person holds an interstate Working With Children Check, or is exempt from the requirement to have such a check in his or her home jurisdiction.

10. Are certificates issued to those who complete Breaking the Silence: Foundations Training?

The CPU is happy to issue certificates for training facilitated by a CPU trainer, or for completing the online training. If you did BTS training in your church, we ask that the appointed organiser and facilitator of the session issues this. Their Foundations Training must not be expired, and they need to have recently completed the online training themselves in order to facilitate a church session.

 

The appointed organiser can issue a Statement of Completion to attendees using the official template provided by the CPU upon email request. Alternatively, you can ask your Minister or Session Clerk to write a statement of completion with details of the date, venue and facilitator with their church letter-head. The CPU can provide advice of the wording if this is helpful.

 
How to get a certificate:
  • Attended a CPU-run training session – Request to CPU, and check your junk mail folder in your inbox for our response.
  • Completed online training – Request to CPU and check your junk mail folder in your inbox for our response.
  • Attended a church ‘in-house’ training session – Issued by the appointed organiser and facilitator of the session, usually your Minister or BTS Rep. The CPU can provide a Statement of Completion template for them to use.

11. Can I babysit or provide care for kids in my own time if I am in a position of authority?

The BTS Code of Conduct states in Point 9, “You will not visit a child or young person in their own home unless a parent is present or you visit with another person in a position of authority within the church with parental permission” and Point 11, “You will not drive a child or young person unaccompanied.”

This poses a conflict for leaders breaching the Code as babysitting/caring for a child implicitly involves the parent being absent.

 There are times when church parents may wish to ask leaders whom they know e.g. Sunday School teachers or youth group leaders, to babysit/care for their children.  There may be several reasons for this e.g. knowing and trusting the leader over a period of time, a pre-existing relationship, sharing Christian values, proximity and availability of the leader etc.

The Office of the Children’s Guardian considers informal babysitting (i.e not through an agency) as a private arrangement and does not require a WWCC.

The CPU considers babysitting as a private arrangement, initiated by the parent and not a formal activity of the church.  However, in seeking to be transparent and accountable we would recommend that if a leader is asked by a parent to babysit, the leader informs their supervisor on each occasion they plan to babysit/care or if there is a regular schedule of babysitting/caring.  This is not required if the babysitter/carer is an extended family member.

12. If you are leasing your church hall to a group that runs child-related activities, do you have to check their WWCC’s?

In the vast majority of cases where Sessions lease or rent church premises to an outside group that runs activities for children (such as a dance class or playgroup), the Session should not collect any Working with Children Check information. To collect or verify the WWCC of any employee, volunteer, sole trader or provider will indicate to the Office of the Children’s Guardian and others that that person is an employee or volunteer of PCNSW, which they are not.

If you have any doubts, please contact the CPU. For more information about what you do need to collect from people renting church property, please contact Peter Merrick on 0498 000 085.

13. Do Supply Preachers need to have a Working with Children Check and have completed the BTS Training?

Many Supply Preachers only do one or two services for a congregation. In these instances, the Session can approve the Supply Preacher to preach on a Sunday without having a WWCC or having completed the BTS training. However, in situations where a Session is engaging a Supply Preacher for lengthy periods of time, such as while their Minister is on Long Service Leave, then the Supply Preacher will have to obtain a cleared WWCC and complete BTS training.

If you are unsure, please contact the CPU for advice.

14. Do members of the Committee of Management have to have a Working with Children Check and complete the BTS Training?

Breaking the Silence specifies which roles in the Church require the incumbent to have a WWCC and complete the BTS Training, including all people in a position of authority and anyone working with children and young people. A person in a position of authority includes the following, whether paid or volunteer:

    • Ministers
    • Home missionaries
    • Deaconesses
    • Licentiates
    • Elders
    • Paid employees
    • Church workers engaged in ministry or pastoral care work

Members of the Committee of Management at a church are not included in this list and therefore are not mandated to have a WWCC or complete BTS Training unless they also meet one of the other criteria.

 

If you are unsure if someone is covered by the BTS requirements for WWCC or BTS Training please contact the CPU for advice.

Glossary of Terms

Abuse is a broad term. For the purposes of Breaking the Silence, abuse includes:
  • child abuse
  • risk of significant harm,
  • reportable conduct,
  • sexual misconduct, and/or
  • conduct that breaches the Breaking the Silence Code of Conduct.
Any person over the age of 18.

The person making the complaint, whether they present as a victim, survivor or complainant.

A complaint, incident, allegation, or allegation – reportable conduct includes any matter brought to the church by an aggrieved person that may be rightly dealt with under Breaking the Silence.
An allegation made within a procedure conducted in terms of the Children’s Guardian Act 2019 (NSW) of reportable conduct must identify a current employee (including volunteer leaders); describe behaviour that may constitute reportable conduct or details of conviction; and involve a person who was under 18 years at the time of the alleged behaviour or conviction. All such allegations – reportable conduct are notifiable circumstances.
The person who is alleged to have offended.
Unless otherwise specified this refers to the current issue of Breaking the Silence.
The repeated seeking out or targeting of an adult, child or young person to cause them distress and humiliation or to exploit them. It includes exclusion from a peer group, intimidation and extortion.

The adult person responsible for a child or young person.

Any person under 16 years of age and in some instances any person under the age of 18 years of age.

Includes neglect, emotional abuse, physical abuse, sexual abuse, domestic violence as defined in Section 4: Child abuse. Child abuse is a notifiable circumstance.

Employment where at least one of the essential duties of the position involves direct contact with children where the contact is not directly supervised, such as child protection services, pre-schools, kindergartens, child care centres, schools, refuges used by children, hospitals, clubs, Sunday schools, camps etc.

Mandatory standards identified by the Child Safe Scheme which aim to make institutions safer for children.

The Police and officials of government departments responsible for child protection, for the administration of laws relating to complaints of sexual harassment, for the discipline of professions and for industrial relations.
Contained in the Presbyterian Church of Australia Constitution, Procedure and Practice – Code of Discipline.
Physical or psychological actions intrinsic to initiating or hiding abusive behaviour, which involved the manipulative cultivation of relationships with vulnerable adults, children and/or young people, their carers and others in authority. This is also referred to as “grooming”. Coercion is a form of sexual misconduct.

The relevant State or Territory government department with responsibility for caring for children and providing support to families who are struggling to care for children and meet their needs. 

See allegation.

The person who has alleged abuse. In most cases, but not all, the complainant will also be the person against whom it is alleged that the abuse was directed. Unless it is necessary to specify complainant the term aggrieved person is used throughout this document.

The CPU can appoint a number of contact person so that if an aggrieved person wishes to make a complaint to a person who is independent of the church they may do so.

Conduct Protocol Unit of the Presbyterian Church of Australia in the State of New South Wales, acting on behalf of the church.

The Clerk and Deputy Clerk of the Assembly, the Law Officers, the Superintendent of the Ministry and Mission Committee and the General Manager are advisors to the Director Conduct Protocol Unit.

Where the supervisor is present at all times and is observing the contact by the person under supervision with any child and is responsible for directing that person if required.
A disclosure occurs when someone informs a person in authority within the church that they have been subject to abuse or know of abuse. A disclosure may or may not be an allegation or a notifiable circumstance.
Actions which involve violent, abusive or intimidating behaviour carried out by a partner, carer or family member to control, dominate or instil fear, including physical, emotional, psychological, sexual, financial or other types of abuse.
Those appointed by the CPU to facilitate procedures by which agreements may be reached between an aggrieved person and the church about what the church can and should do to assist the aggrieved person.
Physical or psychological actions intrinsic to initiating or hiding abusive behaviour, which involve the manipulative cultivation of relationships with vulnerable adults, children and/or young people, their carers and others in authority. This is also referred to as “coercion”. Grooming behaviour is a form of sexual misconduct
A framework adopted by the General Assembly of the Presbyterian Church of Australia to establish a uniform and consistent approach to the protection of children within the Presbyterian Church of Australia and all of the State churches.

The CPU must be advised of all notifiable circumstances, including:

  • any fact, circumstance, allegation, notification, knowledge of, verbal advice of, direct or indirect connection to, or attempt of abuse, and
  • all allegations, complaints, reportable allegations and allegations reportable conduct.

A notifiable circumstance may identify someone who is currently or has been a member of the church, someone who is currently or has been a person in a position of authority within the church, a current or ex-employee, a current or ex-student, a current or ex-volunteer and/or a current or ex-third party.

The person who perpetrated proven abuse.
The provision of care, counsel and education to persons who seek the support of the church, including:
  • guiding to make decisions concerning spiritual matters by means of Biblical teaching,
  • prayer,
  • provision of practical support, such as medical care or counselling,
  • reconciling someone to God and/or other people,
  • spiritual guidance, and
  • sustaining through a period of hardship and/or crisis.

A person of concern can be considered to be subject of a substantiated complaint of abuse; has been convicted of an offence relating to abuse; has been denied a clearance or where their clearance has been withdrawn, suspended, barred or revoked; or poses a reasonably-known risk to children, young people or other vulnerable people (refer National Safe Ministry Framework section 2.5).

Those in a position of authority within the church include all ministers, home missionaries, deaconesses, licentiates, elders, paid employees, church workers whether paid or volunteers and all those working with children and young people.

Under New South Wales law, a prohibited person is someone who is a registrable person as defined in the Child Protection (Offenders Registration) Act 2000 (with some exceptions) or has been convicted of certain offences asset out in the Commission for Children and Young People Act 1998.

Where a declaration in relation to prohibited persons is required under New South Wales law, a similar declaration is required in other States and Territories under Breaking the Silence.

A claim, statement or assertion that has yet to be substantiated or proven within a procedure conducted in terms of the Children’s Guardian Act 2019 (NSW). All reportable allegations are notifiable circumstances.

is a defined term that appears in the Children’s Guardian Act 2019 (NSW). Section 20 of the Children’s Guardian Act defines reportable conduct as:

  • a sexual offence,
  • sexual misconduct,
  • ill-treatment of a child,
  • neglect of a child,
  • an assault against a child,
  • an offence under section 43B or 316A of the Crimes Act 1900,
  • behaviour that causes significant emotional or psychological harm to a child.

Reportable conduct is a standard that is applied to all people in a position of authority within the church under the Children’s Guardian Act 2019 (NSW). Reportable conduct applies to conduct towards children under the age of 18 years. Reportable conduct includes conduct that is defined in relevant legislation that occurs within a person’s public ministry as well as their personal life. All reportable conduct is a notifiable circumstance.

Reportable conduct in Breaking the Silence also covers the provisions of the Australian Capital Territory Reportable Conduct Scheme. The CPU will maintain an internal policy setting out the administrative requirements of each scheme in more detail.

Where Breaking the Silence has been formally adopted by the appropriate State General Assembly in other States and Territories, the CPU will provide support to establish a local policy for any reportable conduct scheme implemented in that State or Territory.

At risk of significant harm is a term used by Community Services for situations where a reasonable person has current concerns about the safety, welfare or wellbeing of a child or young person. Conduct putting a child or young person at risk of significant harm may also be reportable conduct and is a notifiable circumstance.
Any behaviour that could be reasonably considered to be sexual assault, sexual exploitation, sexual harassment, coercion or grooming of an adult or a child or a young person as defined in the BTS Manual in Section 5: Sexual Misconduct.
Sexual misconduct is contact or invitation, via any means, of a sexual nature which is inconsistent with the integrity of a person in a position of authority within the church or who is working with children or young people. It includes behaviour that may reasonably be perceived to be of a sexual nature according to the standards of the time by the person to whom it is directed.
Sexual misconduct is a notifiable circumstance.

Any intentional or reckless act, use of force or threat to use force against an adult, child or young person without their consent as defined in Section 6: Sexual Misconduct.

Any form of sexualised behaviour with an adult, child or young person, whether or not there is consent and regardless of who initiated the behaviour, where that behaviour is contrary to the Word of God and as defined in Section 6: Sexual Misconduct.

Any unwelcome sexualised behaviour, whether intended or not, in relation to an adult, child or young person where the person reasonably feels in all circumstances offended, belittled or threatened as defined in Section 6: Sexual Misconduct.

Sexualised behaviour is any behaviour that may reasonably be perceived to be of a sexual nature according to the standards of the time by the person to whom it is directed. Sexualised behaviour is only permitted as set out in the Word of God.
The body with direct supervision and jurisdiction over a person or person/s. For example, the supervising body for an ordained minister would be the presbytery. The supervising body for a school Principal would be the Board or Council.

Appropriate individuals sourced by the Director CPU from time to time, drawn from within and without the church, from diverse backgrounds, having skills in areas such as mediation and conflict resolution, child protection, the social sciences, civil and church law and industrial relations.

The person against whom proven abuse was directed. See victim.
The Presbyterian Church of Australia in those States or Territories where Breaking the Silence has been formally adopted by the appropriate State general Assembly, including all congregations, organisations, committees, associations, groups, schools, hospitals and other institutions.

The person against whom abuse was directed, many of whom refer to themselves as survivors.

Any person/s above 16 years of age but under 18 years of age.

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