Policy: Working with Children

Polciy Coordinators : Principal, Deputy Principal, Heads of School

The Working with Children Act 2005 (the Act) was introduced by the Victorian Government to protect children from physical harm by checking a person’s criminal history for serious sexual assault, serious violence or serious drug offences. This policy has been created to provide existing and new employees with information about the legislated requirements and the procedures that have been implemented by Tintern Schools to meet its duty of care to all students, staff and visitors to the School and ensure compliance with the Act.

This policy commences operation on 1 April, 2008 and replaces all previous Working with Children Check policies of the School. This policy is subject to variation by Tintern Schools from time to time. Amended policies will be communicated to all employees.

The Act requires a person employed by Tintern Schools to apply for a Working with Children Check where:

1. the work involves (or is likely to involve) regular and direct contact with a child, and
2. that contact is not directly supervised by another person, who is in receipt of current registration with the Victorian Institute of Teaching or has an Assessment Notice from a Working with Children Check

The meanings of these terms are as follows:

• regular has its everyday meaning

• direct contact is any contact with a child that involves:

1. physical contact,
2. talking face to face, or
3. being within eyeshot (i.e., physically able to see the child),

WORKING WITH CHILDREN CHECK POLICY

1. direct supervision must be undertaken by a person who has the role of supervising the person’s contact with children, and must be immediate and personal. It does not require a constant physical presence. For example, a person who is directly supervising an employee may leave the room to make a telephone call.

A non-teaching employee employed by Tintern Schools, who has regular and direct contact with a child, is required to have a Working with Children Check. This includes:

1. Overnight camps
2. Before/After Care Programs
3. School Holiday Programs
4. Early Learning Program
5. Boarding House Staff
6. School Assistants
7. First Aid Officers
8. School Counsellors
9. Farm Staff
10. Maintenance Staff
11. IT and AV staff
12. OE staff
13. Registrar
14. School Secretaries
15. Uniform Shop
16. Marketing
17. Community Relations
18. Administration
19. Secretarial
20. Human Resources
21. Finance
22. Transport
23. Exam Supervisors
24. Sports Coaches

It is an offence for an employee to work, or for Tintern Schools to engage staff without a current Working with Children Check. This applies to all permanent and casual staff employed in the above categories.

A Working with Children Check is not required for:

1. a teacher who has current registration with the Victorian Institute of Teaching (including Permission to Teach)
2. an employee under the age of 18 years
3. a non-teaching employee with current registration with the Victorian Institute of Teaching
4. a visiting worker who does not ordinarily reside and perform child-related work in Victoria

Child-related work is also defined by the Act as work undertaken in other capacities such as volunteers and contractors (self-employed persons).

Under the Act Parent volunteers whose child ordinarily participates in the activity or people ‘closely related’ to each child they have contact with in their ‘child-related’ work, are exempt from maintaining a Working with Children Check. This also applies to contractors who are supervised at all times by an employee who holds current VIT Registration or a Working with Children Check.

As a matter of ‘best practice’ Tintern Schools requires regular volunteers to have a Working with Children Check.

All new employees must have applied for a Working with Children Check and show the verified Application Receipt to Human Resources, who will record the number. If the person is unable to show the verified Application Receipt then, at the employer’s discretion, the commencement date of employment will be delayed or the offer of employment is withdrawn without notice due to frustration of the offered contract of employment.

Where an employee has no relevant criminal offences or professional disciplinary findings, the person will be issued with an Assessment Notice and a Working with Children Check Card, which will enable the person to work directly with children.

Upon receipt of the Working with Children Check Card and Assessment Notice, the employee is required to show the Assessment Notice to Human Resources, who will maintain a copy on their personnel file and record the Number and Date of Expiry.

The Assessment Notice is valid for five (5) years, unless cancelled, and will be monitored by the Department of Justice. The Working with Children Check Card will also enable the employee to volunteer for other child-related work.

The employee is responsible for ensuring that he/she has applied for a new Assessment Notice by the required date. Once a new Assessment Notice has been issued, the employee is required to show the new Assessment Notice to Human Resources, who will maintain a copy on their personnel file and record the Number and Date of Expiry.

Where an employee is issued with an Interim Negative Notice in response to a Working with Children Check application, the Act requires the employee to notify Tintern Schools, specifically the Deputy Principal, within seven days of receipt. Tintern Schools may permit an employee, who is issued with an Interim Negative Notice, to continue to work or other arrangements may be implemented, depending upon the particular circumstances.

Where a person who is an employee of Tintern Schools is issued with a Negative Notice, the School will terminate the employee’s employment summarily upon notification that the employee has been issued with a Negative Notice. It is an offence under the legislation for a person in receipt of a Negative Notice to be employed in child-related work and for Tintern Schools to employ a person in receipt of a Negative Notice.

If a relevant change in circumstances occurs, then an employee’s eligibility with respect to a Working with Children Check may be re-assessed. The employee must notify both the Department of Justice and Tintern Schools within seven (7) days of a relevant change in circumstances, which include:

1. a charge or conviction or final determination in relation to a relevant offence (defined by the Act)
2. becoming subject to reporting obligations under the Sex Offenders Registration Act 2004
3. becoming subject to an extended supervision order under the Serious Sex Offenders Monitoring Act 2005
4. a relevant finding (as defined by the Act) being made against the employee

If a Tintern Schools’ employee fails to renew a Working with Children Check in accordance with the compliance dates specified by the Department of Justice, then Tintern Schools will terminate the employee’s employment without providing notice. However, where possible, the employee will be provided with an opportunity to explain why he/she has not made an application to renew their Working with Children Check. If Tintern Schools believes that there is merit in the explanation, then the employee will be provided with leave with pay for two (2) hours to make the renewal application.

Tintern Schools may periodically check the status of an employee’s Working with Children Check Card using the employee’s name and Card Number on the Department of Justice’s website.

In some circumstances, Tintern Schools may require an employee or potential employee to undertake a criminal record check. Such circumstances may include the need to consider whether any offences exist that may be relevant to the duties performed. For example, dishonesty and driving offences are not considered under a Working with Children Check.

1. Working with Children Act 2005
2. Working with Children Check Application Guide and Form
3. Department of Justice Working with Children Check Information Line on 1300 652 879.
4. Department of Justice website: www.justice.gov.au/workingwithchildren

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