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
None
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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
Kirsten Clayton, Director People and Culture
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
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
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
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
Procedure
WHS OP015 Children in the Workplace Procedure
Guideline
None
Other Websites
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Working with Children - ACT
Description
The Working With Vulnerable People (WWVP) Act requires a person engaged in a regulated activity (which includes the provision of activities or services for children) to have a background check and be registered to engage in the regulated activity. A person is engaged in a regulated activity if they:
(a) have contact with a vulnerable person as part of engaging in the activity; and
(b) are engaged in the activity in any capacity - a student on a work experience placement for an educational or vocational course is such an example.
Students will need to apply for registration with Access Canberra. The registration is valid for 3 years and is subject to ongoing monitoring. There are three types of registration administered to individuals under the Working With Vulnerable People Background Check:
1. general registration, which is transferable across all roles and organisations;
2. role-based registration (restricts a person to engaging in specified regulated activities with a stated employer); and
3. conditional registration (a result of a risk assessment and imposition of specific conditions on registration).
Upon registration the student will be issued with a Working With Vulnerable People registration card - and any conditions of registration will be listed on the back of the card. Where a negative notice has been issued or registration is cancelled, three years must elapse before reappliying for registration. Students must provide proof to their School of their registration - otherwise a placement cannot occur - your School will validate your registration with Access Canberra.
Access Canberra will advise:
a. the nominated employer of any conditions imposed on a conditional registration or role-based registration.
b. the employer of a negative risk assessment notice.
Obligations of applicants include:
- Holding a WWVP registration if engaging in a regulated activity with vulnerable people
- Informing the Commissioner/Access Canberra in writing if you are charged with a relevant offence (within 10 working days)
- Informing the Commissioner/Access Canberra in writing if you are charged, convicted or found guilty of a relevant offence (within 10 working days)
- If conditionally registered, you must not breach a condition of the registration
- If engaged in a regulated activity or service, you must produce your registration card when asked by a police officer or a person authorised by the Commissioner/Access Canberra
- Informing the Commissioner/Access Canberra in writing if you change your name or address (within 10 working days)
- Surrendering your registration card if it is suspended or cancelled
Impacts
Penalties for individuals
1. It is an offence if a person engages in a regulated activity for which they are required to be registered, and they are not registered. For an individual, penalties up to a maximum of $7000 apply.
2. It is an offence if a person engages in regulated activity for which they are required to be registered, is not registered and knows, or is reckless about whether the person is engaging in a regulated activity or is required to be registered. For an individual, penalties up to a maximum of $28,000 apply.
Penalties for employers
1. It is an offence if an employer engages a person in a regulated activity for which they are required to be registered, and the person is not registered. For an employer, penalties up to a maximum of $35,000 apply.
2. It is an offence if an employer engages a person in regulated activity for which they are required to be registered and knows that the person is not registered, or is reckless about whether the person is engaging in a regulated activity or is required to be registered. For an employer, penalties up to a maximum of $140,000 and/or up to 2 years imprisonment apply.
Responsible Manager
Nigel Flett, Faculty Manager - Humanities, Arts & Social Sciences & Education
Coordinating Officer
Tim Bartlett-Taylor, Manager, Office of Professional Learning
Coordinating Unit
Faculty of Humanities, Arts, Social Sciences and Education
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
Procedure
Child Protection Procedures
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
Procedure
Child Protection Procedures
Guideline
None
Other Websites
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Working with Children - NT
Description
Under the Northern Territory’s Care and Protection of Children Act, a person is determined to be involved in child-related work and requires a Working With Children Clearance only if the usual duties of the work involve, or are likely to involve, contact with a child aged under 18 years. Students on placement in work as part of their studies (e.g. student teachers and child care workers) are captured under the legislation and require a Working with Children Clearance Notice (they will also receive an Ochre Card).
It is the responsibility of the student to apply for the Working with Children Clearance, and to ensure that it remains valid. In the event a clearance notice is not processed prior to commencing employment, it is the responsibility of the Employer to request an exemption for individual staff members/volunteers. Exemptions are granted by the Chief Executive of the Department of Children and Families and will normally apply for a period of 90 days, and the process of securing an exemption will require Employers to indicate what mechanisms are in place to promote the safety of Territory children in workplaces and volunteer organisations. The exemption will ensure staff and employers are not in breach of the legislation in the event that they have not received the WWCC.
It is the responsibility of the University to make sure that students on placement in child-related work as part of their studies have a valid Working with Children Clearance, before they are involved in child-related work.
Working with Children Clearance screening is a criminal and employment record check that ensures there is nothing in the candidate’s history which may constitute a serious risk of harm to children. Screening for a Working with Children Clearance will include a national Police records check.
The cost of a Working with Children Clearance (including the Ochre Card) is $5.00 for volunteers, and is valid for two years from the date of issue. If a person wishes to continue to work or volunteer with children after this time they will need to apply again.
Impacts
Negative impact on reputation
Fines
Responsible Manager
Nigel Flett, Faculty Manager - Humanities, Arts & Social Sciences & Education
Coordinating Officer
Tim Bartlett-Taylor, Manager, Office of Professional Learning
Coordinating Unit
Faculty of Humanities, Arts, Social Sciences and Education
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
Procedure
Child Protection Procedures
Guideline
None
Other Websites
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Working with Children - QLD
Description
In Queensland 'trainee students' must hold a Blue Card (valid for three years) to complete a practical placement within a child-related regulated environment (trainee students include those providing health, counselling or support services to children in a public, private or not for profit health facility as part of their studies with the University, and those undertaking a course of study that includes a practical placement in a school or child care centre). 'Trainee Students' are not required to pay for a Blue Card - only paid employees.
A Blue Card application (BC) form should be lodged by 'trainee students' proposing to start or continue in child-related employment. The 'Proof of Identity' section of the BC form is to be completed by the University except where the student resides more than 50km from the University or has a disability which affects their mobility, then the student must also complete and submit an 'Identification verification by a prescribed person’ form.
The University of New England has a duty of care to ensure that students undertaking practicum placements must not commence regulated child-related work until they hold a valid blue card. Applicants need to be aware that it is an offence under the Act (500 penalty points or 5 years imprisonment) for a 'disqualified person' to apply for a Blue Card.
A Blue Card remains valid for three years unless cancelled/disqualified, and is subject to ongoing monitoring.
Impacts
Negative impact on reputation
Fines
Responsible Manager
Nigel Flett, Faculty Manager - Humanities, Arts & Social Sciences & Education
Coordinating Officer
Tim Bartlett-Taylor, Manager, Office of Professional Learning
Coordinating Unit
Faculty of Humanities, Arts, Social Sciences and Education
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
Procedure
Child Protection Procedures
Guideline
None
Other Websites
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Working with Children - SA
Description
The South Australian child protection laws make it mandatory for certain organisations to ensure particular employees and volunteers have met specific screening requirements. Child-related employment screening is conducted by the Department of Communities and Social Inclusion (DCSI) Screening Unit on behalf of organisations that are engaging employees and/or volunteers. The informed consent of the individual is required prior to screening. Child-related employment screening assesses whether a person may pose a risk to the safety of children, while engaged to act in certain types of position within an organisation as an employee or volunteer.
Online screening assessment which includes:
- A National Criminal Records Check.
- South Australian Police information regarding alleged offences regardless of outcome, including spent convictions, pending charges and non-conviction charges and circumstantial information around charges and convictions.
- Information from other jurisdictions.
- Information sourced from professional registration bodies.
The assessment remains valid for three years.
University related 'volunteers' include, but are not limited to, students undertaking practicum or clinical placements as a component of their course of study. Students are to contact the relevant School's placement officer so the University can initiate the student's screening application - the student will be notified (by the DCSI Screening Unit, giving log-in details) when this has been done and the student will need to complete and submit the application online. Once the student has received confirmation of their clearance, they should provide the relevant details to the University.
Impacts
Negative impact on reputation
Fines
Responsible Manager
Nigel Flett, Faculty Manager - Humanities, Arts & Social Sciences & Education
Coordinating Officer
Tim Bartlett-Taylor, Manager, Office of Professional Learning
Coordinating Unit
Records, Policy and Governance Unit
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
Associated Code
None
Associated Information
Management Tools
Rule
None
Policy
Child Protection Policy
Procedure
Child Protection Procedures
Guideline
None
Other Websites
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Working with Children - TAS
Description
Under the Work with Vulnerable People Act 2013, students engaged in a regulated activity (on a work experience placement for an educational or vocational course) will need to apply for a Working with Children Registration. Work that is classified as 'child-related' is work where the usual duties involve, or are likely to involve, contact with a child. Contact with a child includes any form of physical contact, oral communication, telephone and electronic communication (email or internet).
The Working with Children Registration process requires:
1. Completion of the online application form
2. Attendance at a Service Tasmania Shop to:
a. verify your identity;
b. have your photo taken; and
c. pay the application fee (there is a small fee for Volunteer Registration)
3. a national criminal history assessment and ongoing monitoring (by the Department of Justice)
4. a risk assessment (by the Department of Justice)
The Department of Justice advise that in general, a person receives the result of the Working with Children Registration process within six weeks of completing the application process, however for some; there may be a longer wait. If registration is approved an email will be sent to the student advising their registration number and the expected timeline for delivery of the registration card - valid for 3 years. Students must provide proof to their School of their registration approval - otherwise a placement cannot occur.
The University will check online to ensure students have a current Working with Children Registration.
Impacts
Under s16 it is an offence to engage in a regulated activity unless registered, and could result in a fine up to 200 penalty points or imprisonment for up to 2 years, or both.
Responsible Manager
Nigel Flett, Faculty Manager - Humanities, Arts & Social Sciences & Education
Coordinating Officer
Tim Bartlett-Taylor, Manager, Office of Professional Learning
Coordinating Unit
Faculty of Humanities, Arts, Social Sciences and Education
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
Procedure
Child Protection Procedures
Guideline
None
Other Websites
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Working with Children - VIC
Description
The Working with Children Act 2005 (Vic.) requires an individual who engages in child-related work (as defined in the Act) to obtain an assessment notice under the Act, known as a Working with Children Check (WWCC). Students are required to fill in the WWCC application online, print out the Application Summary and take it to Australia Post with proof of identity documents, a passport size photo and a fee if required. If the WWC Check is validated, the Department of Justice and Regulation will send the student a card directly, enabling them to undertake child-related work for 5 years. During this time, the Department continues to screen criminal records and, in some cases, professional conduct. Students will also need to provide proof to their School that the WWCC has been undertaken and is valid - otherwise a placement cannot occur. If an individual fails the WWCC and been served with a Negative Notice they cannot undertake child-related work, even if they are supervised or qualify for an exemption under the Act.
School of Education
Professional experience placements in schools in the course of a university degree is “child-related work”, and a student teacher must obtain a WWCC before commencing school experience placements in a school - it is an offence under the Act to engage in school experience without holding a WWCC. The WWCC must remain current throughout the course.
The University will not allow students to participate in professional school experience in any school in Victoria until a WWCC is obtained. Where a student has not nominated the University as the (or one of the) employers on the WWCC application form, the student is required to provide the University with a copy of their WWCC assessment notice. While the University will hold on file documentation relating to the WWCCs obtained by students engaged in school experience, it is each student’s responsibility to ensure that he or she can produce the WWCC card upon request and to keep the WWCC current under the Act.
Should a student fail to obtain a WWCC, practical training in a school will not be provided, and as practical training is a requirement for completion of a teaching degree, the student may be unable to complete the degree. Should such a situation arise, the University will provide advice on options for tertiary study.
School of Health
Students must complete a WWCC prior to undertaking clinical placements.
Impacts
Negative impact on reputation
Fines, penalties and imprisonment.
Responsible Manager
Nigel Flett, Faculty Manager - Humanities, Arts & Social Sciences & Education
Coordinating Officer
Tim Bartlett-Taylor, Manager, Office of Professional Learning
Coordinating Unit
Faculty of Humanities, Arts, Social Sciences and Education
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
Associated Code
None
Associated Information
Management Tools
Rule
None
Policy
Child Protection Policy
Procedure
Child Protection Procedures
Guideline
None
Other Websites
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Working with Children - WA
Description
Under the Working with Children (Criminal Record Checking) Act 2004, which applies to Western Australia and the Christmas and Cocos (Keeling) Islands, an individual involved in child-related work (where their work involves or is likely to involve contact with a child under the age of 18 years) is required to undertake a Working with Children Check (WWCC). A 'student', being a person who is undertaking an educational or vocational course of study with an education provider (the University) and who are required undertake child-related work as part of that course, is required to apply for a WWCC. The University must only request students to apply for a WWCC once a placement in child-related work has been arranged, as only students who are engaging in child-related work are eligible to apply for a WWCC. [Note: Education providers are not to require students to apply for their WWCC when they enrol in a course or at the start of the calendar year, as the students are not yet engaged in child-related work].
The WWCC application form is available at authorised Australia Post outlets throughout WA. Where students do not have sufficient identification or live in remote communities and are unable to access an authorised Australia Post outlet, they should contact the WWC Screening Unit. In most cases, the students application form will need to be signed by the University's authorised representative (this person will be contacted by the WWC Screening Unit should further information about your application be required), however if the circumstances require it, the employer or volunteer organisation (being the person or organisation where student is placed, the placement provider) can sign the application form.
If an application for a WWCC is successful, the student is issued with an Assessment Notice, in the form of a WWC Card. A valid WWC Card permits the student to engage in child-related work, remains valid for three years, and is also transferable across paid, unpaid and volunteer work and across all categories of child-related work.
The University's authorised representative will receive a copy of the students’s WWC Card, Interim Negative Notice or Negative Notice and any related correspondence. Only students with a valid WWC Card can attend a placement.
Impacts
Negative impact on reputation
Fines
Responsible Manager
Nigel Flett, Faculty Manager - Humanities, Arts & Social Sciences & Education
Coordinating Officer
Tim Bartlett-Taylor, Manager, Office of Professional Learning
Coordinating Unit
Faculty of Humanities, Arts, Social Sciences and Education
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
Procedure
Child Protection Procedures
Guideline
None
Other Websites
Compliance Overview