Child Protection Policy

July 2020 | CONFIDENTIAL | ABN 54 121 715 446

POLICY: CHILD PROTECTION POLICY

Policy Details

Policy Number: MTA002
Date adopted: 5 September 2013
Authorised by: Board of Directors of Maluk Timor Australia

Policy Reviews

Date of reviews: March 2017, July 2020
Date of next review: July 2022
Reviewed by: Board of Directors of Maluk Timor Australia

Refer to Section 6 below for information on the process for policy review.

Policy Context

Governance and Accountability Standards:

Australian Government Department of Foreign Affairs and Trade – Child Protection Policy 2017
DFAT Child Protection Policy 2017 Guidance Notes: Health Activities; Recruitment and Screening; Child Incident Notification Form
AVI Guide to Child Protection Policy Development

Legislation or Other Requirements:

Criminal Code Act 1995
Crimes Act 1914
Child Protection (Working with Children) Act 2012
Working with Children Act 2005 (Vic)
Children, Youth and Families Act 2005 (Vic)
Commission for Children and Young People and Child Guardian Act 2000 (Qld)
Working with Children (Criminal Record Checking) Act 2004 (WA)
Children and Community Services Act 2004 (WA)
Children’s Protection Act 1993 (SA)
Education and Care Services National Regulations 2011 and Education and Care Services National Law (Tas)
Working with Vulnerable People (Background Checking) Act 2011 (ACT)
Children and Young People Act 2008 (ACT)
Care and Protection of Children Act 2007 (NT)

1. Purpose: Why do we have a Child Protection Policy?

The need to protect children is an issue for all communities. Children across the world are subjected to exploitation and abuse and experience sexual, physical and psychological violation. Many are forced into exploitative work, including commercial sexual exploitation. There are many factors that increase children’s vulnerability to exploitation and abuse, including disability or being orphaned, displaced, homeless or abandoned.

Child exploitation and abuse traumatises children and adversely affects their development and well-being. Children who are exploited and abused experience a greater likelihood of long-term consequences, including mental health issues, reduced educational outcomes, drug and alcohol abuse and increased likelihood of coming into contact with the law. At its core, child exploitation and abuse undermines a child’s right to grow up safely.

There is international recognition that adults who have a formal role in working with or supporting children are in positions of trust and authority. The relationship between an adult and child is not a relationship between equals. Children are dependent on adults to care for and protect them. It is a shared and collective responsibility of all adults to prevent child exploitation and abuse. Maluk Timor Australia (MTA) has adopted this policy in recognition of its responsibilities and is committed to working with its partners to prevent and respond to child exploitation and abuse.

Child sex offenders often seek employment or volunteer placements in organisations that work with children in Australia or overseas. They might be attracted to working in developing countries to access vulnerable children and to avoid tougher laws.

This policy sends a clear message that child exploitation and abuse is not tolerated and attracts disciplinary and commercial sanctions, as well as criminal penalties under Australian domestic and extra-territorial laws.

2. Scope

This policy will apply to all Maluk Timor’s activities regardless of whether they take place in Australia or Timor-Leste. All Directors, contractors, employees and volunteers will abide by this policy, as well as all partner organisations funded by MTA who travel to Timor-Leste and any visitors to MTA sites or MTA controlled sites.

3. Policy statement: Our commitment

The MTA Child Protection Policy and Code of Conduct (refer to Appendix 2 of this Policy for the Code of Conduct) affirms our commitment to the safety and well-being of children. We are committed to the protection of children from abuse and exploitation.

As an Australian Registered Charity supporting overseas partners in the delivery of quality health care this Policy deliberately draws on the Australian Department of Foreign Affairs and Trade policy, tailored to meet MTA’s unique circumstances. Our commitment extends to compliance with this policy being mandatory for contractors of MTA and partner organisations we support including Associacao Maluk Timor (AMT). We are obliged to comply with relevant Australian legislation, and international law which prohibit the abuse and exploitation of children, including child sex tourism, child sex trafficking, child labour and child pornography.

Associacao Maluk Timor has developed a policy and procedure under this overarching policy that reflects the environment in Timor Leste.

3.1. Goal and Objective

Goal: To protect children from exploitation and abuse of all kinds in the delivery of MTA’s activities.

Objective: To create and maintain safe and protective environments for children in the delivery of MTA’s activities.

3.2. Guiding Principles

a) Zero tolerance of child exploitation and abuse

MTA does not tolerate child exploitation and abuse. Such action attracts criminal, civil and disciplinary sanctions. MTA works to reduce the risks of child exploitation and abuse associated with delivering aid activities and educates its Personnel on their obligations. MTA will not knowingly engage —directly or indirectly— with anyone who poses an unacceptable risk to children. MTA will not fund any individual or organisation that does not meet MTA’s child protection compliance standards in their operations and activities.

b) Recognition of the best interest of the child

Australia is a signatory to the United Nations Convention on the Rights of the Child, and MTA is committed to upholding the rights and obligations under this convention. MTA recognises that some children, such as those who are ill or cared for by ill people, are particularly vulnerable.

c) Sharing responsibility for child protection

To effectively manage risks to children, MTA requires the commitment, support and cooperation of our Personnel, contractors, and partnering organisations. As part of the Relationship Agreement between MTA and MT, certain standards must be maintained to secure funding. The implementation of a suitable Child Protection Policy is considered one of those. AMT has their own procedures that satisfy the MTA policy requirements and will be held accountable, through contracts, audits and spot checks, for complying with the Child Protection Policy.

d) Risk management approach

While it is not possible to eliminate all risks of child exploitation and abuse, careful management can reduce the risks to children that may be associated with our activities. These are identified during initial risk assessments with each partner, are assessed annually, and are managed for the duration of the activity.

e) Procedural fairness

MTA uses fair and proper procedures when making decisions that affect a person’s rights or interests. Our partners are expected to adhere to this principle when responding to concerns or allegations of child exploitation and abuse.

4. Procedures

4.1. Ensuring coordinated policy implementation

MTA’s CEO is responsible for:

Responding to reports of child exploitation and abuse, and policy non-compliance
Conducting child protection audits and spot checks to monitor the child protection systems of MTA, contractors and partner organisations including MT
Monitoring internal and external compliance with the policy
Providing child protection training for MTA Personnel

MTA’s Board is responsible for:

Ensuring the CEO discharges the above responsibilities adequately
Responding to reports of child exploitation and abuse, and policy non-compliance where the CEO has a conflict
Reviewing the policy every three years

4.2. Increasing Personnel awareness of child protection obligations under the policy

MTA Personnel receive, on first joining MTA, training on child protection issues and on their obligations under this policy, including mandatory reporting of concerns or allegations of child exploitation and abuse.
Annual training is compulsory for all MTA Personnel.
Acknowledge their responsibilities under this Policy by signing MTA’s Child Protection Code of Conduct. They must comply with the code of conduct during the course of their employment.

4.3. Internal recruitment and screening processes

MTA’s internal recruitment processes include stringent screening measures that strive to ensure that inappropriate people are not employed. These include:

Background checks on all successful candidates before they take up their position. Documented verbal referee checks are required for all Personnel.
Interview plans incorporating behavioural-based interview questions that are specific to positions that involve working with children.
A documented request for an applicant to disclose whether they have been charged with child exploitation offences, and their response, must be retained on file.
An Australian Federal Police (or equivalent) Criminal Record Check is to be obtained. The Police Clearance Certificate must be retained by MTA for not less than seven (7) years after engagement ceases. This Check will be re-conducted every five years.
A NSW Government (or equivalent) Working with Children Check must be obtained for any MTA Personnel who will or may be in contact with children. This expressly includes MTA Board Members. The Clearance Certificate must be retained by MTA for not less than seven (7) years after engagement ceases. MTA will monitor Personnel’s ongoing status through its Employer Registration.

Further, MTA’s employment contracts contain provisions for dismissal, suspension or transfer to other duties for any employee who breaches the Child Protection Policy or the Child Protection Code of Conduct.

If a person changes their role in MTA and they are required to be in contact with children, a Working with Children Check must be obtained prior to their being permitted to do so.

If a Criminal Record Check or Working with Children check cannot be obtained in sufficient time for a visit to occur in which working with children may occur by MTA Personnel, the CEO must ensure additional measures are deployed to ensure the protection of children during the visit is assured.

The CEO must ensure that visitors to MTA who may come in contact with children must be monitored 100% of the time that they might be in contact with children by a MTA Personnel who has been inducted in our Child Protection Policy, signed the Code of Conduct, had a Criminal Record Check and conducted a Working with Children Check.

4.4. Internal procedures for handling reports related to child exploitation and abuse

a) Mandatory Reporting

It is mandatory for all MTA Personnel to report concerns or allegations of child abuse/breach of the Child Protection Policy and/or Code of Conduct, without exception, within 24 hours of any suspected Child Protection incident. These concerns or allegations should be made directly to the MTA CEO in the first instance or MTA Chairperson (during times of travel, leave, conflict leave). Ultimately, any MTA Board Member may be approached, and an incident reported by phone or email.

b) Confidentiality

Confidentiality of reporting is ensured to protect the identity of whistle-blowers, alleged victims and alleged perpetrators, until a complete investigation is completed. All details of the reporting process and investigation process must be kept confidential, and only shared with those relevant authorities. Provisions will be made for the protection of the person reporting an issue or concern if they have a genuine fear for their physical safety, but the case still must be reported.

c) Integrity of Reporting Process

If MTA Personnel or associated personnel see a case of abuse, hears about a case of abuse or a child reports a case of abuse; then this MUST be reported directly to the MTA CEO or Chairman. A verbal interview with the relevant person(s), guided by a series of questions to gather required information. An investigation is then conducted.

d) Investigation

If the incident constitutes criminal behaviour, a report will be made directly to the relevant local police. Preliminary guidance will be obtained from the relevant local police about further action that needs to be taken.

4.5. Ensuring appropriate use of communications systems

MTA’s guidelines on appropriate use of its communications systems apply to child exploitation material. Using the MTA’s systems to access child exploitation material or to engage in online grooming is unacceptable and will be dealt with promptly.

4.6. Breaches of Policy or Code of Conduct

Breaches of this Policy or the Code of Conduct will be treated as very serious and may include, as appropriate:

Reporting to relevant law enforcement agencies
The termination of employment, position, engagement, or contract
MTA seeking the removal from any position held by MTA partners

4.7. Incorporating child protection strategies into risk management procedures

Risk management procedures are integrated into a comprehensive set of compliance and control systems embedded in MTA business processes. Risks to children are identified during risk assessments and are managed.

4.8. Ensuring risks to children are managed in Timor-Leste

MTA recognises that children living in Timor-Leste are particularly vulnerable to exploitation and abuse due to the comparative economic circumstances of the country. All organisation and partners implementing MTA activities must comply with the policy’s child protection compliance standards (see section 2.5). Risks to children must always be considered when delivering our activities.

4.9. Child Protection Code of Conduct

All MTA personnel must comply with MTA’s Child Protection Code of Conduct (Appendix 2) which sets stringent standards for personal behaviour. MTA expects its personnel to use common sense, as defined by what a reasonable person would do in the circumstances and avoid actions or behaviours that could be construed as child exploitation and abuse in the course of their association with MTA.

4.10. Induction and Training

Each new MTA Personnel will be inducted by the CEO in this Policy and the Code of Conduct. They will be required to consent to the relevant checks described in this policy being conducted on their background. They will be required to accept the Code of Conduct before commencing work, and this will be retained by MTA.

At least once per year, training will be provided to all MTA Personnel, and this will be recorded. This will include:

The Policy and Code of Conduct requirements, including clarity on all person’s responsibilities to protect children; and
Reporting methods, and the importance of freedom to report.

4.11. MTA’s expectations of contractors and partner organisations (including Associacao Maluk Timor)

MTA has mandatory child protection compliance standards to ensure that contractor and partner organisations (including MT), and individual contractors understand and act on their obligations for managing risks to children.

All organisations and individual contractors are expected to immediately notify MTA’s Report contacts if any MTA-funded personnel, or MTA partner personnel, are accused of, charged with, arrested for, or convicted of criminal offences relating to child exploitation and abuse.

Contractor and partner organisations

Contractor and partner organisations play an important role in protecting children. MTA-funded contractors and partner organisations are required to develop and implement a MTA-compliant child protection policy (Appendix 1) which consists of nine standards that provide a framework for managing and reducing the risks of child exploitation and abuse. The organisation’s child protection policy must apply to all personnel, volunteers, partners and subcontractors who are engaged by a contractor or partner organisation to perform any part of a MTA-funded activity. Those using MTA funds to engage an organisation or individual subcontractor must ensure the organisation or individual subcontractor complies with the relevant child protection standards.

Individual contractors

Individual contractors who are in contact with children are required to sign the MTA’s Child Protection Code of Conduct (Appendix 2) and ensure they comply with this during their employment and all personnel that are in contact with children must have a Working with Children Check completed or, if this is not available in the jurisdiction, a Criminal Record Check.

MTA’s compliance mechanisms

Our due diligence framework requires all potential partners to be assessed for risks and strengths before agreements are entered into, and to ensure they are compliant with our policy and standards. Compliance is monitored through performance assessments, reviews, and a program of random audits and spot checks. Documentary evidence is also required to demonstrate these standards are being met.

MTA can require individuals to be removed from working on an activity and can also require anyone under formal investigation to be suspended from duty or transferred to other duties during an investigation. This right is exercised when an individual has been convicted of a criminal offence relating to child exploitation and abuse, or when it is considered that an individual poses an unacceptable risk to a child’s safety or well-being.

Utilising procedural fairness principles, MTA reserves the right to terminate an agreement or activity in whole or in part or to suspend or terminate contract negotiations if:

Appropriate criminal record checks and working with children checks are not provided;
An organisation does not fully implement our requirements for a child protection policy;
An organisation does not provide the necessary evidence of its implementation of a suitable child protection policy;
If an organisation does not take appropriate steps to manage and resolve an allegation of child exploitation and abuse.

MTA will not engage an individual, or will require an individual to be replaced, if there is an unacceptable risk to a child’s safety or well-being.

4.12. Explaining our standard

MTA will communicate, and require our partner organisations, to explain in its communications that this Child Protection Policy exists.

5. Other related policies and procedures

Documents Related to This Policy

Policies

Employment policies
Informed media consent

Forms or other organisational documents

The Constitution of Maluk Timor Australia
The Articles of Association of Associacao Maluk Timor
Agendas and Minutes of meetings of the Board of Directors of Maluk Timor Australia
Agendas and Minutes of meetings of the Board of Directors of Associacao Maluk Timor

6. Review processes

Policy Review Frequency

This policy will be reviewed every 2 years, with additional periodic reviews as required.

Responsibility for Review

The Board of Directors is ultimately responsible for reviewing this policy and approving any changes. The Company Secretary is responsible for ensuring the review process is listed for discussion on the Board agenda.

Review Process:

The policy will be reviewed by the Finance, Risk and Governance Committee and then the Board. Notice of the review will be placed on the Board agenda and a copy of the current policy will be attached.

Documentation and Communication:

Changes will be included in the minutes of the Board meeting and the soft copy of this policy will be updated accordingly. All hard copies will be retrieved and replaced with an updated policy duly dated. All relevant contractors and volunteers will be provided a copy of the updated policy.

7. Reference: Key terms and phrases

‘Maluk Timor’ means both Maluk Timor Australia and Associacao Maluk Timor.
‘Maluk Timor Australia’ means the Australian incorporated entity, Maluk Timor Australia (ABN 54 121 715 446).
‘Associacao Maluk Timor’ means the Timor-Leste incorporated entity.

8. Appendices

Appendix 1: MTA-compliant Child Protection Policy Fundamentals

Compliance standard	Why this is required	Evidenced by
1. The organisation has a child protection policy that applies to all personnel, partners and subcontractors that are engaged by a contractor or civil society organisation to perform any part of a MTA-funded activity	A child protection policy provides clear guidance and demonstrates how the organisation, across its operations, will ensure that children are protected from child exploitation and abuse in the delivery of Australian aid.	– Child protection policy. – Personnel are aware of the organisation’s child protection policy (e.g. through internal communication and training). – Documented plan for ensuring MTA-funded implementing partners are meeting the minimum standards.
2. The organisation has robust recruitment screening processes for all personnel in contact with children…	Child-safe recruitment and screening processes are essential…	– Documented criminal record checks – Documented verbal referee checks – Interview plans with behavioural-based questions – Disclosure request regarding child exploitation offences
3. The organisation’s child protection policy includes a documented reporting procedure…	An effective child protection policy requires a report handling procedure…	– Guidelines for managing concerns – Evidence personnel can raise concerns – Details of available sanctions
4. The organisation provides child protection training for personnel	Personnel must be fully aware of their responsibilities…	– Training agendas and timeframes – Materials used in training
5. The organisation has a child protection code of conduct that meets MTA’s minimum standard	A code of conduct protects children and personnel…	– Code based on MTA’s version – Signed copies or register
6. The organisation’s policy commits it to preventing a person from working with children if they pose an unacceptable risk	Provides clear grounds as an employer…	– Referenced in policies, contracts, HR guidelines
7. Employment contracts contain provisions for dismissal, suspension or transfer for breaches	Reinforces importance and ensures legal recourse…	– Contract with personnel
8. Policy is subject to regular review – at least every two years	Contexts change… must learn and adapt…	– Timetable for review – Policy review report – Records of consultation
9. Organisation undertakes a risk assessment covering all MTA-funded activities with children	Some activities are higher risk…	– Risk log identifying high-risk activities – Evidence of ongoing review

Appendix 2: MTA Child Protection Code of Conduct

I, [insert name], acknowledge that I have read and understand MTA’s Child Protection Policy, July 2020, and agree that in the course of my association with MTA, I must:

Treat children with respect regardless of race, colour, gender, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status
Not use language or behaviour towards children that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate
Not engage children under the age of 18 in any form of sexual intercourse or sexual activity, as defined under Australian criminal law, including paying for sexual services or acts
Wherever possible, ensure that another adult is present when working in the proximity of children
Not invite unaccompanied children into my home, unless they are at immediate risk of injury or in physical danger
Not sleep close to unsupervised children unless absolutely necessary, in which case I must obtain my supervisor’s permission, and ensure that another adult is present if possible
Use any computers, mobile phones, video cameras, cameras or social media appropriately, and never to exploit or harass children or access child exploitation material through any medium
Not use physical punishment on children
Not hire children for domestic or other labour which is inappropriate given their age or developmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury
Comply with all relevant Australian and local legislation, including labour laws in relation to child labour
Immediately report concerns or allegations of child exploitation and abuse and policy non-compliance in accordance with appropriate procedures
Immediately disclose all charges, convictions and other outcomes of an offence, which occurred before or occurs during my association with MTA that relate to child exploitation and abuse

When photographing or filming a child or using children’s images for work-related purposes, I must:

Assess and endeavour to comply with local traditions or restrictions for reproducing personal images before photographing or filming a child
Obtain informed consent from the child and parent or guardian of the child before photographing or filming a child. As part of this I must explain how the photograph or film will be used
Ensure photographs, films, videos and DVDs present children in a dignified and respectful manner and not in a vulnerable or submissive manner. Children should be adequately clothed and not in poses that could be seen as sexually suggestive
Ensure images are honest representations of the context and the facts
Ensure file labels, meta data or text descriptions do not reveal identifying information about a child when sending images electronically or publishing images in any form
I understand that the onus is on me, as a person associated with MTA, to use common sense and avoid actions or behaviours that could be construed as child exploitation and abuse

Signed: _________________________
Date: _________________________

Appendix 3: Mandatory reporting process for MTA Personnel and MTA-funded individual contractors

What should I report?

Any behaviour that you suspect may be child exploitation and abuse, including possession of child exploitation material, or policy non-compliance by:
- A MTA Personnel member
- A personnel of a MTA-funded contractor or partner organisation
- A MTA-funded volunteer
Any report made to you by anyone relating to child exploitation and abuse or policy non-compliance by a MTA Personnel or MTA partners

What if I am not sure what I have seen is child exploitation and abuse?

Contact the MTA contacts below for confidential advice and further information about what constitutes child exploitation and abuse or policy non-compliance.

How do I make a report?

Any person may report a Child Protection Incident, or potential incident. This can be done via:
The CEO of Maluk Timor Australia: [email protected] or 0439900018; or by contacting any board member.

What information do I need to provide in the report?

Date(s) of incident(s)
Name of organisation(s) involved
Alleged offender’s details, including name, nationality and occupation
Details of alleged incident(s)
Whether local law enforcement authorities or Australian, or other country’s Police have been informed
If it is a MTA-funded activity, the name of the activity (if known)
Details of what the organisation(s) proposes to do, where a contractor or partner organisation is involved
Any other relevant information

What happens to the information I provide?

All information provided to the MTA reporting contacts will be treated confidentially in accordance with our Privacy Policy and any relevant Commonwealth legislation.

Appendix 4: Legislation relevant to child protection

A range of laws are relevant to this policy, including Australian Commonwealth, state and territory laws and local laws in countries where MTA works. A number of international child protection instruments also apply.

1. Relevant Australian Legislation

Commonwealth legislation

Under Commonwealth law an Australian citizen or resident can be prosecuted for an offence committed against a child in another country under laws that have an extra-territorial application.

Criminal Code Act 1995 Legislation	Examples of offences	Maximum penalty
Division 272 (child sex offences outside Australia)	Engaging in sexual intercourse outside of Australia with a child under 16 years of age	20 years imprisonment
Division 272	Engaging in sexual activity outside of Australia with a child under 16 years of age	15 years imprisonment
Division 272	Engaging in sexual activity with a child under 16 with mental impairment or under care of defendant	25 years imprisonment
Division 272	Sexual activity with young person aged 16–17 where defendant is in position of trust	7–10 years imprisonment
Division 272	Grooming a child under 16 to engage in sexual activity outside Australia	12 years imprisonment
Division 273	Possessing, producing, distributing child pornography material outside Australia	15 years imprisonment
Division 474	Accessing or transmitting child abuse material via carriage service	15 years imprisonment
Division 474	Engaging in sexual activity with child under 16 via carriage service	15 years imprisonment
Division 474	Online grooming of a child under 16	15 years imprisonment

State and territory child protection legislation

State or territory	Legislation	Source
New South Wales	Children and Young Persons (Care and Protection) Act 1998	Link
Victoria	Children, Youth and Families Act 2005	Link
Queensland	Child Protection Act 1999	Link
Western Australia	Children and Community Services Act 2004	Link
South Australia	Children’s Protection Act 1993	Link
Tasmania	Children, Young Persons and their Families Act 1997	Link
Australian Capital Territory	Children and Young People Act 2008	Link
Northern Territory	Care and Protection of Children Act 2007	Link

2. Local Legislation

Most countries in which MTA works have legislation relating to child exploitation and abuse. When working in-country, MTA Personnel and the personnel of contractors and civil society organisations implementing aid program activities are required to abide by local legislation, including labour laws with regard to child labour.

3. International child protection instruments that Australia is a signatory to

Instrument	Reference
The United Nations Convention on the Rights of the Child	www.unicef.org/crc
Optional Protocol on the sale of children, child prostitution and child pornography	Link
Optional Protocol on the involvement of children in armed conflict	Link
Geneva Declaration of the Rights of the Child	Link
ILO Convention 182 – Worst Forms of Child Labour	Link

9. Glossary

Abuse

Includes:

Physical abuse: the use of physical force against a child that results in harm. Includes shoving, hitting, slapping, shaking, throwing, punching, kicking, biting, burning, strangling and poisoning.
Neglect: the failure by a parent or caregiver to provide conditions culturally accepted as essential for a child’s physical and emotional development and well-being.
Emotional abuse: inappropriate verbal or symbolic acts or a pattern of failure to provide emotional availability, damaging a child’s self-esteem or social competence.
Sexual abuse: the use of a child for sexual gratification by an adult or significantly older child. Includes fondling, masturbation, oral sex, penetration, voyeurism, exhibitionism, and involving children in pornography.

MTA Personnel

People employed by MTA; volunteers of MTA; officers of MTA Foundation. Includes permanent or temporary roles, in Australia or overseas.

Behavioural-based interview questions

Interview questions that probe the applicant’s past behaviour in specific situations relevant to the position.

Changes in circumstances

Personnel should report:

Involvement in criminal activity
Disciplinary procedures and criminal or civil court proceedings relating to child exploitation and abuse

Child or children

In accordance with the United Nations Convention on the Rights of the Child, ‘child’ means every human being under the age of 18 unless under the law applicable to the child, majority is attained earlier. For this policy, MTA considers a child to be a person under the age of 18 years.

Child abuse material

Material that depicts (expressly or implicitly) a child under 18 years of age as a victim of torture, cruelty or physical abuse.