Frequently asked questions

Everything you need to know about the Working With Children Check at a glance.

What is the Working With Children Check?

The Working With Children Check is about looking at a person's suitability to work with children. It is about making sure that, as far as possible, people who may pose a risk to children are not employed in roles where they have direct, unsupervised contact with children.

The Working With Children Check involves an employer doing two things:

1. Employers are required to ask all current employees primarily working with children if they are a "prohibited person". This applies to both paid and unpaid employees.

2. There will be a national criminal record check for preferred applicants for paid positions primarily working with children. It is a check for child abuse, child pornography, sexual activity or acts of indecency. It will also include a check on relevant Apprehended Violence Orders and a check of previous relevant disciplinary proceedings.

Who is a prohibited person?

A "prohibited person" is a person convicted of a serious sex offence. A "serious sex offence" is an offence involving sexual activity or acts of indecency that would receive a prison sentence of 12 months or more if it was committed in New South Wales.

Also, since the Child Protection (Offenders Registration) Act 2000 became law in October 2001, a person who has been found guilty of certain offences against children will be known as a "Registrable Person". A Registrable Person automatically becomes a Prohibited Person.

The new legislation means that a "prohibited person" is not allowed to work, or continue to work, unsupervised with children. It is an offence for a "prohibited person" to apply for a position working with children.

What is a "relevant" Apprehended Violence Order?

A relevant Apprehended Violence Order (AVO) in regard to this Act is defined as an AVO (other than an interim order) made by a Court, under Part 15A of the Crimes Act, 1900, or an interstate restraint order (within the meaning of Part 15A of the Crimes Act, 1900), and made on the application of a police officer or other public official for the protection of a child (or a child and others).

Where does the Working With Children Check apply?

Employers must use the Working With Children Check for people in "child-related" employment.

It covers employment in a range of areas such as child care centres, schools and pre-schools, detention centres, hospitals, refuges, commercial child-minding agencies, clubs and associations with significant child membership and religious organisations. It includes ministers of religion and foster carers.

Who carries out the Working With Children Check?

Approved Screening Agencies will undertake checking on behalf of all child related employers in New South Wales. NSW Sport and Recreation is an Approved Screening Agency.

Will I have to pay?

There is no cost for a mandatory check of someone seeking paid child-related employment with your organisation.

How is privacy protected?

There are strict provisions to protect the privacy of people being checked. It is an offence for any person to inappropriately obtain or tell another person about the information gathered during the checking process.

Am I an Employer?

If you or the sport/recreation organisation you represent, supervises or has responsibility for any of the following "employees":

• someone who works or provides a service to children under a contract or agreement
• someone who works or provides a service to children as a subcontractor
• someone who provides a service to children as a volunteer
• someone who is undertaking practical training involving children as part of an educational or vocational course

The above definition of an employee and/or employment is further detailed in Section 33 of the Commission for Children and Young People Act, 1998.

What if I am self-employed?

The act also applies to you. It is an offence to undertake work in a self-employed capacity in a child related position without first ensuring your compliance with the child protection legislation.

How do I undertake a Working With Children Check?

Each sport has its own recording and reporting procedure and it is strongly recommended that you contact your sport's State Secretary or Child Protection Officer to ascertain the procedure within your sport.

However should that information be unavailable or your sport is not affiliated with any State Sporting Organisation the following procedure (outlined in detail in our Guidelines) should be adopted:

• determine which Approved Screening Agency you will use - if you are a sport and/or recreation organisation you would use the NSW Sport and Recreation.
• establish within your Committee who will have responsibility for child protection administrative matters - your Child Protection Officer. This may be in addition to another role.
• the Committee should identify which positions within the organisation are child related as defined by the Act. Remember, any person who is asked to do something for the club or organisation is a volunteer and is therefore considered an employee under the Act.
• Develop a Child Protection and Intervention Policy for your organisation and promote its existence. See our policy template.
• Register your organisation as an employer with the Approved Screening Agency.
• Request all identified positions to complete a Prohibited Employment Declaration and return it to the Child Protection Officer. Background checking is currently not available for volunteers.
• For new paid positions, request all identified positions to complete a WWCC Consent Form and return it to the nominated person.
• Complete the WWCC Request Form and forward it by secure means to the Approved Screening Agency. Child Protection Secure Fax Line 9006 3900.
• Store all forms in a safe, secure location.

An individual's right to privacy must be respected at all times.

Who should be checked in our sport?

Determination of who needs to be checked varies from sport to sport and from club to club within a sport. The Club/Association's Committee, including their Child Protection Officer, should determine who and/or what positions require a Working With Children Check for their particular organisation.

"Child-related" employment means employment (including volunteers) that primarily involves direct, unsupervised contact with children. This means that "one of the essential duties of the position involves direct unsupervised contact with children".

What about volunteers?

All volunteers must fill out a Prohibited Employment Declaration. Hopefully in the future we will be able to screen volunteers but right now we can only screen people in a new paid child related position.

What happens if a person is found to be not suitable to be working with children?

If during the course of the checking process an issue arises about a person's status, the Approved Screening Agency will conduct an assessment to help you and your organisation determine whether that person is suitable to work with children. The agency will provide you with advice about the potential risk that person may or may not pose when working with children.

The decision to employ that person is ultimately yours or your Committee's. The Agency will simply provide you with an assessment for consideration when making that decision. If you choose not to employ that person you must notify the Commission for Children and Youth People.

It must be noted that in the small number of cases where this has arisen, the organisations have acted on the side of conservatism, thus minimising potential risk.

Does the designated Child Protection Officer have to take responsibility for dealing with an "unsuitable" person.

No, the form of contact with an "unsuitable" person, either in person or by correspondence, is the decision of the organisation's Management Committee.

How can our sport manage our child protection responsibilities?

Your sport and recreation organisation can ensure that your child protection legislative requirements can be dealt with effectively and efficiently by ensuring that you have a good understanding of what's needed of you.

Establishment and promotion of your own Child Protection Policy and having a simple but smooth administrative "system" in place will minimise the additional workload this legislation requires.

The benefits of providing a safe environment for children will far outweigh any additional administrative duties.

What if a person refuses to sign a Prohibited Employment Declaration and/or a Working with Children Check Consent Form?

If a person refuses to sign the Prohibited Employment Declaration and/or a Working with Children Check Consent Form for whatever reason no further action is required regarding that person.

However it should be noted that it is an offence under the Child Protection (Prohibited Employment) Act, 1998, to employ a person, who may have direct unsupervised contact with children, who has not completed and submitted the Prohibited Employment Declaration. Remember in terms of the Act, volunteers are deemed "employees".

Does a person who is identified as "unsuitable" have a right of appeal?

Yes, a person who is assessed as "unsuitable" via the Criminal Record Check or by Declaration may seek exemption from the requirements of the Act through the Industrial Relations Commission or the Administrative Decisions Tribunal.

Under what circumstances is physical contact with a child allowed?

It is almost impossible to coach without physical contact. This legislation does not aim to stop people coaching, it aims to raise awareness amongst coaches and children about the differences between appropriate touch and inappropriate touch. Establish coaching guidelines early. Ask permission before physical contact. Ensure that all coaches and children know who to talk to if there is a problem.

What is 100 points of identification?

Proof of identity information

Before a Working With Children Background Check can be conducted on a preferred applicant, the applicant must provide documentation to support their identity as required by the 100 Point Check under the Financial Transaction Reports Act 1988.

All preferred applicants for a position that is deemed to be child-related must provide certified identification from Category A and Category B to equal 100 points to enable a background check to be conducted:

Category A (70 points) – An item from this list is essential
One document from this list: Birth Certificate Birth Card issued by the NSW Registry of Births, Deaths and Marriages Citizenship Certificate Current Australian passport Expired Australian passport which has not been cancelled and was current within the preceding 2 years Current passport from another country or diplomatic documents. For a preferred applicant under 18 years, one document from the above list, or the following, is sufficient: Identity of the applicant verified by an educational institution, either on a student card or a letter signed by the principal, deputy principal, head teacher, deputy head teacher or enrolment officer, confirming that the applicant currently attends the institution.
Category B
40 points Name and photograph/signature of preferred applicant verified from one of the following (more than one document can be counted): Current driver photo licence issued by an Australian state or territory Identification card issued to a public employee Identification card issued by the Australian or any state government as evidence of a person's entitlement to a financial benefit Identification card issued to a student at a tertiary education institution. 35 points Name and address of preferred applicant verified from any of the following (more than one document can be counted): Document held by a cash dealer giving security over property A mortgage or other instrument of security held by a financial body Council rates notice Document from current employer or previous employer within the last two years Land Titles Office record Document from the Credit Reference Association of Australia. 25 points Name of preferred applicant verified from any of the following (more than one document can be counted): Current credit card or account card from a bank, building society or credit union Current telephone, water, gas or electricity bill Foreign driver's licence Medicare Card Electoral roll compiled by the Australian Electoral Commission Lease/rent agreement

What is a certified copy?

A photocopy of the original witnessed by a qualified witness. The original and photocopy must be presented to the witness who notarises the photocopy with "I certify that this is a true copy of the original which I have sighted". We must receive the photocopy with the original signature of the witness.

Qualified Witnesses

• Justice of the Peace
• Barrister/Solicitor
• Commissioner for Affidavits
• Notary Public
• Officers at the NSW Registry of Births Deaths & Marriages

Alternatively, the employing officer of the Department may sight the original document, take a copy and sign the copy certifying that it is a true copy.

Alternatively, the employer may sight the original document, take a copy and sign the copy certifying that it is a true copy. Identification is kept on file with the Working With Children Consent Form and Prohibited Employment Declaration. Employers must certify on the Working With Children Background Check Request Form that they have sighted and retained a copy of the identification for their records.

 

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