Compliance Framework
Compliance Driver
Child Protection (Working with Children) Act 2012 (NSW)
Classification
Level 2
University-wide requirement. Lower impacts.
Associated Legislation
Associated Standards
Associated Codes
None
Associated Information
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Administrative Information
Administrative Body
Office of the Children's Guardian (NSW)
Administrative Name
Administrative Address
Administrative Phone
02 9286 7219
02 8219 3600
Administrative Email
check@kidsguardian.nsw.gov.au
kids@kidsguardian.nsw.gov.au
Administrative Website
http://www.kidsguardian.nsw.gov.au/
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General Introduction
VC Compliance Delegate
Meredith Parry, Chief Operating Officer
Compliance Coordinator
Anne Hodson, Program Manager Safe Communities
Business Units Impacted
Overview
The paramount aim of child protection legislation is the safety, welfare and well-being of children (persons under the age of 18 years) and, in particular, protecting them from child abuse.
As an employer engaged in child-related work, and as a higher education provider involved in student education, welfare and workplace placements, the University is subject to child protection legislation. The object of the legislation is to protect children:
(a) by not permitting certain persons to engage in child-related work, and
(b) by requiring persons engaged in child-related work to have working with children check clearances.Compliance Obligations
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Commonwealth Child Safety Framework - ARC Reporting
Description
All Australian Research Council funded grants signed after 1 August 2020 need to comply with the Commonwealth Child Safety Framework. The University is required to submit an annual Statement of Compliance to the ARC.
Impacts
Responsible Manager
Anne Hodson, Program Manager Safe Communities
Coordinating Officer
Kath Dougall, Senior Manager, Research Grants
Coordinating Unit
Research Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
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Department of Health Requirements (NSW)
Description
STUDENTS attending clinical placements within NSW Health agencies are not in child related work and are exempt from the WWCC (Working with Children Checks) requirements, but they may require:
* have a valid NCRC (National Criminal Record Checks) - National Police Certificate
* sign a declaration that they have read and understood the NSW Health Code of Conduct and that they will notify NSW Health if they are charged with any criminal offences.
Additionally, overseas students enrolled at the University, must obtain Police Certificates from their home country or any country that they have been permanent residents of or citizens in since turning 16 years of age (translated in to English). Where an overseas student is unable to obtain a Police Certificate, the student must complete the NSW Health "Template Statutory Declaration" contained in Policy Directive PD2013_028 (Employment Checks - Criminal Checks and Working with Children Checks).
STUDENT SUPERVISORS/FACILITATORS engaged by the University, must provide evidence of a NCRC. This NCRC must have been completed either in the last three years or at the time of their appointment with the Tertiary Institution or recruitment agency. In addition, student supervisors/facilitators are required to have a WWCC number if the work meets the definition of child related work.
Impacts
Negative impact on reputation
Fines
Responsible Manager
Kim Usher, Executive Dean Faculty of Medicine and Health
Coordinating Officer
Maree Walsh, Academic Manager - Medicine & Health
Coordinating Unit
Faculty of Medicine and Health
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
Associated Code
None
Associated Information
Management Tools
Rule
None
Policy
Child Protection Policy
Protocol
None
Procedure
Child Protection Procedures
Guideline
None
Other Websites
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Mandatory Reporting
Description
Under Sections 23 and 27 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) ALL EMPLOYEES who:
- in the course of their professional work or other paid employment delivers health care, welfare, education, children's services, wholly or partly, to children; and
- hold a management position in the University, the duties of which include direct responsibility for, or direct supervision of, the provision of health care, welfare, education, children's services, wholly or partly, to children,
MUST
where they have reasonable grounds to suspect that a child is at risk of significant harm, and those grounds arise during the course of or from the person's work, make a REPORT to the Child Protection Helpline.
'At risk of significant harm' circumstances' include:
-Physical abuse
-Sexual abuse
-Emotional/psychological abuse
-Neglect
-Exposure to domestic violence
Yarm Gwanga is a mandatory reporter. Yarm Gwanga is required to use the Mandatory Reporting Guide , to guide their decision making and determine whether or not to report to the Child protection Helpline under the risk of significant harm reporting threshold. The interactive online Mandatory Reporter Guide will assist Yarm Gwanga staff to determine whether a case meets the risk of significant harm threshold for reporting children and young people at risk in NSW.
Impacts
Responsible Manager
Galia Urquhart, OIC and Nominated Supervisor (Yarm Gwanga)
Coordinating Officer
Galia Urquhart, OIC and Nominated Supervisor (Yarm Gwanga)
Coordinating Unit
Yarm Gwanga
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
Associated Code
None
Associated Information
Management Tools
Rule
None
Policy
Child Protection Policy
Protocol
None
Procedure
Child Protection Procedures
Guideline
None
Other Websites
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Unattended Children
Description
A child left unattended in any University facility, or a child habitually left unattended, may be deemed to be at risk under the Children and Young Persons (Care and Protection) Act 1998, s23, and subsequently may be reported to the Department of Community Services under s24 or s27 of the Act.
Parents/care providers who leave a child unattended in any of the University's facilities are exposing their child to potential harm, and may themselves be committing an offence under the Children and Young Person's (Care and Protection) Act 1998, s228.
Impacts
Responsible Manager
Anne Hodson, Program Manager Safe Communities
Coordinating Officer
Anne Hodson, Program Manager Safe Communities
Coordinating Unit
Yarm Gwanga
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
Management Tools
Rule
None
Policy
Child Protection Policy
Protocol
None
Procedure
WHS OP015 Children in the Workplace Procedure
Guideline
None
Other Websites
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Working with Children - NSW
Description
In NSW, a Working With Children Check (WWCC) is a requirement for people who work or volunteer in child-related work. It involves a national criminal history check and a review of findings of workplace misconduct. Individuals, including volunteers, are responsible for their own application for a WWCC. The result of a Working With Children Check is either a clearance to work with children for five years, or a bar against working with children. Cleared applicants are subject to ongoing monitoring and relevant new records may lead to the clearance being revoked.
The University is required to conduct online verification of an individual's WWCC clearance before they are placed in a position or at a facility where they are required to be engaged in child related work. Individuals are responsible for providing their WWCC number to the appropriate University unit or School for verification. A WWCC remains valid for five years and is subject to ongoing monitoring.
University related 'volunteers' include, but are not limited to, students undertaking practicum or clinical placements as a component of their course of study.
Please note:
Under the Act, academic staff are only exempt from the WWCC if their work is confined to the delivery of lectures and tutorials either in person or online to groups of University students (who are in most cases, over the age of 18 years).
Impacts
A maximum penalty of 100 penalty units, or imprisonment for 2 years, or both applies where a worker engages in child-related work , and they do not:
(a) hold a working with children check clearance of a class applicable to the work, or
(b) have a current application with the Children's Guardian for a clearance of a class applicable to that work.
Responsible Manager
Anne Hodson, Program Manager Safe Communities
Coordinating Officer
Anne Hodson, Program Manager Safe Communities
Coordinating Unit
People and Culture
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
Associated Code
None
Associated Information
Management Tools
Rule
None
Policy
Child Protection Policy
Protocol
None
Procedure
Child Protection Procedures
Guideline
None
Other Websites
Compliance Overview