When a report or concern is received, the primary consideration is the child's medical needs.
Support to the child includes provision of information about appropriate aftercare, medical treatment and counselling, where required.
Intimate body piercing of a child
Piercing a child's intimate areas (genitals, anal area, perineum and nipples) is illegal and you must refer this to childFIRST in all cases. In a small number of cases, there may be a sexual element to the activity that is exploitative and/or inappropriate to the child's age and developmental level.
Where a report has been made to the Mandatory Reporting Service, you
must liaise with childFIRST in the assessment and investigation processes.
Where the child is in the CEO's care, complete the assessment and all related Assist work. If the child is not in the CEO's care, the assessment is conducted by the Statewide Referral and Response Service (SRRS). Send the referral to SRRS Central Intake Team: 1800 273 889 or email CPDUTY@cpfs.wa.gov.au.
Non-intimate body piercing, tattooing and branding of a child in the CEO's care
A child or young person in the CEO's care must have written approval from:
- the assistant district director for non-intimate body piercing
- the relevant Regional Executive Director or Executive Director for a tattoo or branding.
In general, requests for body piercing, tattooing or branding will not be approved because they are permanent procedures. The only exception to this is for ear piercing for a young person 16 years or older, as legislation does not require written consent.
| Under s.103(1) of the Act it is prohibited for any child under 16 years of age to have a tattoo or branding. Consent will not be provided for any child in the CEO's care under 16 years of age to get a tattoo or brand.
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Non-intimate body piercing, tattooing and branding of a child who is not in the CEO's care
Children aged 16 to 18 years of age
must have written parental consent to have a tattoo or brand placed on any part of their body under s.103(2) of the Act. Written parental consent
must include:
- a description of the type of tattoo or brand consented to, and
- a description of where it is to be placed on the child's body.
It is prohibited for a child under 16 years of age to get a tattoo or brand where they do not have consent from a parent. Send referrals and concerns about a child who has received a tattoo, brand or piercing (not earlobe) to the SRRS, who will conduct the assessment. Referrals to SRRS should be sent to the Central Intake Team: 1800 273 889 or email cpduty@cpfs.wa.gov.au
Western Australia Police
Where there is sufficient identifying information provided in the reported concern, you
must refer the concern to the Western Australia Police (WA Police).
If a parent or carer requests information regarding how they can pursue a possible prosecution themselves, you should:
- recommend that they report the incident to WA Police, and
- suggest that they seek legal advice.
Single agency response by the Department
Where there is not sufficient identifying information, or WA Police have determined that the matter does not warrant further investigation, the Department may undertake a single-agency response. The assessment will focus on the safety of the child and the parent's capacity to protect the child from future harm.
The purpose of the assessment is to determine whether the written consent of the parent was obtained before a child obtained a non-intimate body piercing, tattoo or branding. Consider the following factors when undertaking the assessment:
The child's age.
Type and location of body piercing, tattoo or branding.
Current and future impact of the body piercing, tattoo or branding on the child's wellbeing.
The body piercer or tattooist's awareness of the law.
The body piercer or tattooist's diligence to ascertain the authenticity of the written consent obtained of the parent of the child.
The evidence of proof of age provided.
If the concern involves a child in the CEO's care, consider any relevant case plan issues and the views (if relevant) of:
the child's case manager
the parents, and
the carers.
Requesting relevant information from the local government
All skin penetration establishments (tattoo, branding, piercing artists and businesses) are required to notify the local government where they intend to operate in and comply with the
Health (Skin Penetration Procedures) Regulations 1998 and Code of Practice for Skin Penetration procedures. The Regulations and procedures outline minimum standards of infection control such as basic hygiene, disinfection and sterilisation requirements.
When you receive any concerns, you should contact the Environmental Health Officer in the local government area that the establishment is located in to ascertain the following and exchange other relevant information:
if the establishment is registered
if there have been any previous concerns, and
whether the current concern warrants involvement by the local government.
The Environmental Health Officer has the power to inspect the establishment and enforce the Skin Penetration Regulations. In circumstances where the concerns warrant involvement by the local government, you should consider undertaking a joint assessment.
For more information on the potential risks of skin penetration by refer to Department of Health - Skin penetration and the law.
Recording
Refer to Chapter 2.2 Processing referrals and interactions for more information on how to complete the Interaction and/or complete an Intake.
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| Where contact details for the child are not known, but the details of the tattoo artist or piercer are known, an Interaction should be completed with an outcome of 'No further action' recorded. The contact details for the tattoo artist and/or piercer should be recorded. Provide these contact details to WA Police as part of a formal referral.
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Following an intake all case notes and referrals should be saved on the child's electronic case file.
