Pre-employment screening: Working With Children Checks and Police Checks
June 2012
Each day, children across Australia come into contact with a variety of organisations such as schools, childcare centers, medical centres, and sports and recreation clubs. The development and implementation of policy and legislation that provides for the pre-employment screening of adults who work or volunteer in child-related organisations is an important strategy for creating and maintaining child-safe organisations.
This document is provided as a guide only. Individuals are encouraged to contact the relevant department or organisation to clarify requirements in their states or territories, or in relation to legislation.
Overview
There is no single national framework setting out the requirements for obtaining Working With Children Checks or Police Checks. Each state and territory has their own procedures and it is necessary to fulfil the requirements in the jurisdiction(s) in which you are working. However, under the National Framework for Protecting Australia's Children, a nationally consistent approach is being progressed. The framework lists this nationally consistent approach as action under Outcome 2 - Children and families access adequate support to promote safety and intervene early. A Working with Children Checks Working Group has been formed to inform the national alignment, however, they have noted that a national approach to legislation will not necessarily protect all children and that such screening practices and processes must sit in a broader organisational environment determined to ensure the safety of children (FaHCSIA, 2011).1
Most states and territories have introduced legislation providing for child-related employment pre-screening, or are working towards such legislation. The legislation identifies broad categories of child-related work where employers, employees and volunteers must fulfil screening requirements. There are important differences across jurisdictions regarding the type of screening programs that are in place, what records are checked, and who is required to undergo screening.
Police check and child safety screening programs
There are two types of screening programs operating in Australia. Some states have employer-driven systems (NSW and SA2) that make it mandatory for employers in relevant fields to carry out background checks on prospective employees or volunteers. These systems provide "point-in-time" background checks and individuals must undergo screening each time they enter into a child-related position.
The other type of screening program in operation offers certification to engage in child-related work to individuals (Qld, Vic., WA and the NT). These certifications are valid for a period of time (e.g., 3 years in WA) and provide for ongoing monitoring of an individual's suitability for child-related work. This means that if a relevant criminal offence is committed during the validity of the check, or if the individual is subject to relevant work-related disciplinary procedures, the administering authority may inform employers of the offence, and alter or withdraw an individual's entitlement to work with children. Individuals can also carry their certification between positions and do not have to undergo repeated screening while their Working With Children Check is valid. Table 1 outlines the relevant legislation in each state and territory and explains the type of system in place in each.
| Jurisdiction | Act | Type of program |
|---|---|---|
| ACT | Working with Vulnerable People (Background Checking) Bill 2011* | Once enacted, people who have contact with vulnerable people in the course of engaging in certain regulated activities or services require registration with a Statutory Screening Unit (Background Screening Unit) to be established in the Office of Regulatory Services, Justice and Community Safety Directorate. |
| NSW | Commission for Children and Young People Act 1998 (NSW) | The NSW Working With Children Check is an employer driven "point-in-time" system entailing background checks of employees and the exclusion of prohibited persons from child-related occupations. |
| NT | Care and Protection of Children Act 2007 (NT) | Individuals are required to apply for a Working With Children Check, known as an Ochre Card in the Northern Territory. The Ochre Card, which is also known as a Clearance Notice is valid for two years, and applies to employers and volunteers in child-related employment settings. |
| QLD | Commission for Children and Young People and Child Guardian Act 2000 (Qld) | Individuals are required to apply for a Working With Children Check, known as a "Blue Card" in Queensland. Valid for 2 years, Blue Cards entitle individuals to engage in child-related occupations/volunteering. Organisations providing child-related services must also have policies and procedures in place to identify and minimise risk of harm to children, which are monitored by the Commissions for Children and Young People and Child Guardian. |
| SA | Children's Protection Act 1993 (SA) | The South Australian system is an employer driven "point-in-time" system requiring employers and responsible authorities to obtain criminal history checks for those engaging in child-related occupations/volunteering. |
| TAS** | No relevant Act | No formal Act or screening program, however, individual employers may require police checks at their discretion. |
| VIC | Working With Children Act 2005 (Vic.) | Individuals are required to apply for a Working With Children Check. Valid for 5 years, the Check entitles individuals to engage in child-related occupations/volunteering. |
| WA | Working with Children (Criminal Record Checking) Act 2004 (WA) | Individuals are required to apply for a Working With Children Check. Valid for 3 years, the Check entitles individuals to engage in child-related occupations/volunteering. |
* While this Bill has been passed, it has yet to be enacted. For further information on the scheme see Working with Vulnerable People <www.ors.act.gov.au/community/working_with_vulnerable_people>
**Tasmania has not enacted this legislation at the time of writing.
Professional registration and child safety policy development
In addition to child-related employment legislation (where it exists), all states and territories have legislation that requires people who wish to register in certain occupations (e.g., teachers, doctors or childcare workers) to be screened for criminal offences. This means that even in jurisdictions where child-related employment legislation does not exist there are still requirements for adults working in certain occupations to undergo screening (e.g., the Victorian Institute of Teaching Act 2001 [Vic.]; the Medical Practitioners Registration Act 2001 [Qld]; the Child Care Act 2001 [Tas.]). Due to the screening already being part of the registration requirements, certain persons are exempt from Working With Children Check requirements (e.g., in Victoria, persons registered under the Victorian Institute of Teaching Act 2001 are exempt from the Working With Children Check).
Organisations may also have developed their own policies that require employees and volunteers to undergo criminal record checks. These policies may exist as a substitute for relevant legislation (i.e., in a jurisdiction where there is no legislation) or in addition to a relevant Act. State and territory police provide criminal history checks to individuals and organisations wishing to obtain Police Checks for employment, voluntary work and occupation-related licensing or registration purposes.
The difference between a Police Check and a Working With Children Check
Police Checks identify and release relevant criminal history information relating to convictions, findings of guilt or pending court proceedings. However, due to spent conviction/non-disclosure legislation and information release policies, there are limitations on the information a Police Check can provide (e.g., the Spent Convictions Scheme stipulates that prior convictions are not to be disclosed where 10 years have passed from the date of the conviction).
As the object of a Working With Children Check is to make an assessment of the level of risk an individual poses to children's safety, Working With Children Checks are more extensive, but also more targeted than Police Checks. For example, Working With Children Checks draw together information from various sources, but may include a primary focus on certain types of offences (e.g., sexual offences, offences related to the harm or mistreatment of a child). In general, Working With Children Checks give consideration to:
- convictions - whether or not they are considered spent or were committed by a juvenile;
- apprehended violence orders and other orders, prohibitions or reporting obligations;
- charges (i.e., where a conviction has not been recorded because, for example, a proceeding has not been heard or finalised by a court, or where charges have been dismissed or withdrawn);
- any relevant allegations or police investigations involving the individual; and
- relevant employment proceedings and disciplinary information from professional organisations (e.g., organisations associated with teachers, childcare service providers, foster carers, and health practitioners).
Across the five jurisdictions that currently carry out Working With Children Checks (NSW, NT, Qld, Vic. and WA) there are differences in what information is considered and what sources of information are drawn upon. Table 2 provides a comparison of the information considered in Working With Children Checks across these jurisdictions.
Note: SA only has a system for criminal history checks; ACT has no formal screening program (see Table 1).
Who must undergo pre-employment child safety screening?
In all jurisdictions that have child-related employment pre-screening legislation, it is mandatory for certain individuals engaged in occupations such as education and childcare, child protection, child and family welfare, health, entertainment and recreation, and religious instruction to meet screening requirements. There are differences across the states and territories in who is required to undergo screening, and how different occupations are identified. Table 3 provides an outline of the settings in which pre-employment screening is required in each jurisdiction.
If you are unsure whether you need to obtain a Working With Children Check, it is advisable that you check with the relevant body in your state or territory. State and territory contact details are provided in the following section, as is a summary of requirements for each jurisdiction.
Requirements in Australian states and territories
Australian Capital Territory
The Australian Capital Territory government is currently developing a Working with Vulnerable People Checks system that will extend screening requirements for child-related employment. A discussion paper for consultation was released in September/October 2009 regarding the development of a Working with Vulnerable People (WWVP) Screening Unit, however legislation relating to a WWVP check has yet to be enacted. The Working with Vulnerable People (Background Checks) Act 2011 was notified on 8 November 2011. The Act will require all people working with children (and others, such as disabled adults, identified as vulnerable) to obtain to be registered with a statutory screening unit in the Office of Regulatory Services, Department of Justice and Community Services. A background check and risk assessment will be conducted prior to registration and requires applicants to provide information on their criminal history, all non-conviction information and any other relevant information. This registration will be valid for 3 years.
Currently, there are no legal statutes that require people working with children to undergo a Police Check. However, services contracted to government have a contractual obligation to employ "fit and proper" people. This has been interpreted as a requirement to obtain a Police Check. Individual organisations may have developed policies that require their employees to undergo screening.
Residents of the Australian Capital Territory should contact the ACT Police Department for further information about obtaining a National Police Check, including forms and fees <www.afp.gov.au/what-we-do/police-checks/national-police-checks.aspx>.
New South Wales
The Commission for Children and Young People Act 1998 (NSW) provides minimum standards for those who work with children in broadly identified occupations or activities to undergo a background check, which includes screening for relevant criminal offences and relevant employment proceedings.
The NSW Commission for Children and Young People oversees the Working With Children Check program. The program entails the exclusion of prohibited persons from child-related employment; the conduct of background checks for persons in child-related employment; and the adoption of child-safe and child-friendly practices within organisations.
Employers are responsible for requesting Working With Children Checks for employees and reporting on relevant employment proceedings, which are taken into account when subsequent applications are made for an individual. Self employed people are required to obtain a Certificate for Self Employed People in Child Related Employment. The application can be authorised by the police. Checks can be obtained from various Approved Screening Agencies in NSW and employers are required to register with the relevant agency for their field.
Employers must obtain Working With Children Checks for preferred applicants for child-related employment. An approved screening agency will conduct the check and provide an estimate of risk based on the information gathered as part of the check. Anyone with a conviction for a serious sex offence, or serious violence against a child is prohibited from working with children. Applicants with relevant records that do not prohibit a person from this work are subject to an estimate of risk. This considers the applicant's records, the risks associated with the actual position, and the employer's capacity to manage risk. The employer receives a risk estimate to help them make an informed recruitment decision.
The commission website provides comprehensive information and guidelines for employers, and self-employed people, in relation to the Working With Children Check program <https://check.kids.nsw.gov.au/>.
Working With Children Checks are not currently available for volunteers. People not eligible for the Working With Children Check can apply for a National Police Check through NSW Police <www.police.nsw.gov.au/>.
Northern Territory
The Care and Protection of Children Act 2007 (NT) came into force in 2008. The Act legislates for screening of employees and volunteers in child-related employment and broadly identifies occupations and activities for which an Ochre Card is required. It is the responsibility of the person who wants to work or volunteer with children to apply for the Working with Children Check. As of 1 March 2011, anyone employed or volunteering in child-related work is required by law to hold an Ochre Card, which is photo ID proof they have passed the Working with Children Clearance screening process and received a Clearance Notice.
Individual organisations may also have their own policies that require people working with children and young people to undergo a Police Check. The Northern Territory Government provides information on obtaining Police Checks <www.workingwithchildren.nt.gov.au>.
Queensland
The Commission for Children and Young People and Child Guardian Act 2000 (Qld) provides minimum standards for those who work or volunteer with children in broadly identified occupations or activities to undergo screening for criminal offences. The Queensland Commission for Children and Young People and Child Guardian is responsible for administering the Working With Children Check program, which is known as the Blue Card System. The Blue Card System entails a National Police Check, a review of disciplinary information held by certain professional organisations, and consideration of relevant police investigations. The Blue Card System also provides for ongoing monitoring and notification of changes in Blue Card holders' criminal histories. Blue Cards entitle individuals to work or volunteer in child-related occupations or operate child-related businesses. Blue Cards are valid for 2 years and can be carried between positions by individuals. See Blue Card System <www.ccypcg.qld.gov.au/bluecard/index.html> for more information.
Since January 2007, employers and businesses that require employees to have a Blue Card must also have a written risk management strategy in place (Commission for Children and Young People and Child Guardian Act 2000 (Qld) s99G).
The Commission provides information about what an organisation's risk management strategy should contain, as well as training about organisational risk management <www.ccypcg.qld.gov.au/employment/bluecard/risk.html>.
South Australia
The responsibility of government and non-government organisations who come into regular contact with children to obtain Police Record Checks for employees, volunteers, agents, contractors and sub-contractors is embedded in the Children's Protection Act 1993 (SA). The Act also requires that organisations have a policy framework relating to child-safety.
Further information is available at the South Australian Department for Families and Communities <www.dfc.sa.gov.au/pub/Default.aspx?tabid=238>.
Police Check application forms can be obtained from the South Australian Police <www.sapolice.sa.gov.au/sapol/home.jsp>.
Tasmania
At present there is no legislation in Tasmania that identifies broad categories of child-related work and mandates for employees or volunteers to undergo a Working With Children Check. However, the Department of Education administers a safety screening program for employers, individuals and students engaged in the childcare industry. Information and application forms are available on the Department of Education's website <www.education.tas.gov.au/documentcentre/Documents/Child-Care-Safety-Screening-Form.pdf >. Additionally, government and non-government organisations may have developed their own requirements and procedures for screening.
The Tasmanian Commissioner for Children is involved in ongoing discussions with policy makers and the police force in relation to the development of a working with children screening program. In 2005, the Commissioner released a consultation paper discussing proposals for the introduction of a screening program and cabinet papers have recently been drafted to start the process of legislating for Working With Children Checks . A Working with Children and other Vulnerable People (WWCVP) Policy will be finalised and submitted for the consideration of Government and it is anticipated that legislation will be introduced into the Tasmanian Parliament in 2011. It is expected that the working with children checks will be phased in over 5 years commencing in 2011.
Police Checks can be obtained from the Tasmanian Police Department <www.police.tas.gov.au/services-online/police-history-record-checks>.
Victoria
The Working With Children Act 2005 (Vic.) sets out the legislative requirements for child safety screening in Victoria. Individuals who work or volunteer with children are required to undergo a screening process known as a Working With Children Check. Information, guidelines and application forms are available from the Department of Justice, Victoria <www.justice.vic.gov.au/workingwithchildren>. Beginning in 2006, the legislation is being phased-in over 5 years for different areas of child-related work. It is important that you check the date at which Working With Children Checks will become compulsory in your field.
The Working With Children Check is different from a Police Check as it provides ongoing monitoring for criminal offences for the duration of the validity of the check (5 years) and can be carried across employment/volunteer positions.
Police Checks can also be obtained via Victoria Police <www.police.vic.gov.au/content.asp?Document_ID=274>.
Western Australia
The Working With Children (Criminal Record Checking) Act 2004 (WA) legislates for child-safety screening and identifies broad categories of employment that require safety-screening. Information, guidelines and application forms are available from the Working With Children Check website. The program is administered by the Working With Children Screening Unit (WWCSU), Department for Child Protection <www.checkwwc.wa.gov.au/checkwwc>.
The Working With Children Check is a compulsory criminal check. Working With Children Checks are different from Police Checks as they offer ongoing monitoring and may be updated if a person's criminal record changes while the check is valid (3 years). The Checks can also be carried across employment/volunteer positions. Additionally, Working With Children Checks are only concerned with child-related offences. Therefore, employers may require that employees or volunteers obtain both a Working With Children Check and a National Police Check.
Information on obtaining a National Police Check (including the National Police Check for Volunteers Program) can be obtained from the WA Police <www.police.wa.gov.au/ABOUTUS/OurServices/ClearanceCertificates/tabid/1202/Default.aspx>.
Conclusion
Screening helps to prevent people with a known history of violent and abusive behaviour gaining access to children through organisations. However, screening alone is not sufficient (e.g., it is limited to identifying known perpetrators) and needs to be coupled with interviews, thorough reference checks, policy development for child-safe environments, and robust accountability frameworks for responding to allegations.
Further reading and references
- Department of Families, Housing, Community Services and Indigenous Affairs. (2011). Position paper: Toward a nationally consistent approach to Working with Children Checks. Retrieved from <www.fahcsia.gov.au/sa/families/pubs/Pages/working_with_children_checks.aspx>.
- Irenyi, M., Bromfield, L., Beyer, L., & Higgins, D. (2006). Child maltreatment in organisations: Risk factors and strategies for prevention (Child Abuse Prevention Issues No. 25). Available at: <www.aifs.gov.au/nch/pubs/issues/issues25/issues25.html>.
Acknowledgements
This paper was updated by Deborah Scott, Research Fellow with the Child Family Community Australia information exchange at the Australian Institute of Family Studies.
Previous editions have been compiled by Claire Berlyn, Prue Holzer, Daryl Higgins and Nick Richardson.
Publishing details
Published by the Australian Institute of Family Studies, June 2012
Please advise the CFCA information exchange team if you are citing this paper.
Footnotes
1 See also: Child maltreatment in organisations: Risk factors and strategies for prevention
2 SA's screening relates only to Police Checks, rather than a Working with Children Check
