C8. Working with Children

C8.1 Introduction
C8.2 Policy statement
C8.3 Procedures
   C8.3.1 Definitions
   C8.3.2 Application procedures
   C8.3.3 Existing employees
   C8.3.4 New employees
   C8.3.5 Students
   C8.3.6 Payment of suitability notices
   C8.3.7 Advice on suitability notices
   C8.3.8 Offences and penalties under the Act

C8.1 Introduction

C8.2 Policy statement

The University requires all employees and students engaged in child-related employment or studies to comply with legislative requirements and obtain appropriate documentation and approval prior to commencing work with children and young people.  

(Approved by Council, May 2006)

C8.3 Procedures

C8.3.1 Definitions

C8.3.1(a) Counselling and Support Services includes a person other than a registered health practitioner, providing counselling or a similar support service to a child in a situation where the person is physically present with the child while no-one else is present; or the person is not physically present with the child.

C8.3.1(b) Children means anyone under the age of 18.

C8.3.1(c) Education Programs means providing services or conducting activities for an Education program under the Education (General Provisions) Act 1989.

C8.3.1(d) Residential Facilities means a place where child accommodation services are provided.

C8.3.1(e) Proof of Identity documents means the documentation required to be submitted with the Suitability Notice/Blue Card application form.  Two original documents must be submitted to the University and may include a driver's licence, birth certificate, passport, credit card, bank statement, electoral card or any other documentation which is specified on the application form.  The University will not retain the documents and is only required to certify that the original documents have been sighted.

Further details on 'definitions' and 'exemptions' is available from the Commission for Children and Young People and Child Guardian website.

C8.3.2 Application procedures

C8.3.2(a) The "Working with Children" check is designed to determine whether or not a person is suitable to work with children.  An employee or student who is required to undergo a check must complete an application for a suitability notice/blue card.  Application forms for suitability notices/blue cards are available from the Commission for Children and Young People and Child Guardian.

Employees are required to complete the ‘Paid Employees' Application Form.  Students are required to complete the ‘Student Placements' Application Form.

C8.3.2(b) The suitability notice/blue card application form enables the Commission for Children and Young People to investigate a person's criminal history, which may affect that person's suitability to work with children.  An investigation of a person's full criminal history includes charges and convictions for offences no matter when or where in Australia they occurred, or whether they have been recorded or not.

C8.3.3 Existing employees

C8.3.3(a) ‘Existing employees' are those who are employed by the University as at the date of implementation of this policy and associated procedures (ie as at May 2006).

C8.3.3(b) Positions across the University will be identified as being involved in child related employment.  It is the responsibility of the relevant delegate to advise Human Resources of positions within their faculty/section that may fall into one of the identified child related employment categories (refer to C8.4.1 Definitions).  Employees who occupy these positions will then be contacted by Human Resources to make an application for a suitability notice/blue card.  The University will lodge the employee's completed suitability application with the Children's Commission.

C8.3.4 New employees

C8.3.4(a) ‘New employees' are those who are appointed to the University after the date of implementation of this policy and associated procedures (ie post May 2006).

C8.3.4(b) New employees will be notified in their appointment letter of the requirement to hold a suitability notice/blue card and will also specify that commencing and continuing their employment is conditional on holding the suitability notice/blue card.
 
C8.3.4(c) New employees undergoing the check must submit their completed form to the Human Resources department prior to their commencement and provide proof of identity documents for sighting.  The University will lodge the employee's completed suitability application with the Children's Commission.  Employees will not be permitted to commence work with the University until the appropriate suitability notice/blue card is obtained.

C8.3.4(d)  New employees who have already applied for a blue card, or hold a current blue card, when starting work with the University must complete an 'Authorisation to Confirm a Valid Blue Card' form to enable the Commission to record the University as an employer and notify of changes to the employee's blue card status considered relevant to their employment.

C8.3.5 Students 

C8.3.5(a) All students who undertake practical placements as part of their degree program are required to obtain a suitability notice/ blue card prior to their placement.  The relevant Faculty / Department area will advise students of their requirement to obtain a suitability notice/blue card prior to the commencement of the course.

C8.3.5(b) Students will then be required to submit their completed form to the relevant Faculty / Department.  The Faculty / Department will then lodge the student's completed application form with the Children's Commission.  Students will not be permitted to commence their placement until the appropriate suitability notice/blue card is obtained.

C8.3.5(c) Where students are required to obtain a suitability notice/blue card for the purpose of their course and they fail to do so either through non-submission or through their application being rejected by the Commission, the Course Coordinator will provide the student with possible options to complete their program requirements.

For further information students should contact their relevant Faculty/Department.

C8.3.6 Payment of suitability notices/blue cards

C8.3.6(a) The University has adopted the following approach for payment of suitability notices/blue cards for employees in identified positions:

• Existing employees who occupy identified child related positions will not be required to pay the application fee that the "Working with Children Check" attracts.  The payment will be met by the University on a "one-off" basis.  The cost of future applications will need to be met by the employee.
• New employees appointed to the University after the date of implementation of this policy and associated procedures who occupy identified child related positions will be required to pay the application fee.  Employees will be notified in their appointment letter that their employment is conditional upon satisfying this requirement as contained in the Act.
• Any existing employee who is appointed to a new identified child related position within the University after the date of implementation of this policy and associated procedures must meet the cost individually.
• All casual employees identified as being engaged in child-related employment are responsible for the cost of obtaining their suitability notice/blue bard.
• University students are not required to pay a fee to undergo a suitability check.  

C8.3.7 Advice on suitability notices

C8.3.7(a) Following lodgement of the application form to the Children's Commission by Human Resources or the Faculty/Departmental Area, the process then involves the Commission determining suitability.  The Commission with then make either a positive or negative notice about the applicant's suitability. 

C8.3.7(b) Where a positive notice is received a suitability or blue card will be issued to the employee or student.  The University will also be notified of the employee or student's suitability to work in child-related employment.  This notice will be retained on the relevant employee or student file.  The employee or student must continue to advise the University about any changes to their criminal history.

C8.3.7(c) Applicants deemed by the Commission to be unsuitable are issued with a negative notice which is valid indefinitely unless cancelled by the Commission or reviewed by the Children Services Commission.  There is an appeal mechanism for an employee or student to lodge an appeal where they believe there to be a mistake.  The University will be advised of the Commission's final decision on unsuitability.  The University will only be advised that the applicant is unsuitable and will not be advised of the reasons for unsuitability.

C8.3.7(d) Should an employee identified as requiring a suitability notice/blue card for their employment fail to obtain one, the University is obligated under the Act to cease their employment immediately  In the first instance however, where possible, a transfer to a suitable position not requiring a suitability notice/blue card may be negotiated where such a position is available and mutually agreeable.

C8.3.7(e) Students whose application is rejected must immediately inform their Course Co-ordinator as they will not be able to undertake their field placement.  Where an application is rejected, the Course Co-ordinator will provide the student with possible options to complete their program requirements.

C8.3.7(f) Suitability notices/blue cards are valid for two years and are transferable to other types of child-related employment.  Applications are required for renewal for a further period.  Re-application is required for employees and students who lose their suitability cards.  Any costs for renewals will be met by the individual.

C8.3.8 Offences and penalties under the Act

C8.3.8(a) It is an offence to employ or engage a person in child-related employment where

• The employer has not applied for a criminal history check; or
• Is aware that a negative notice has been issued and is current; or
• Is aware the person has been convicted of a serious offence and has not received a suitability notice/blue card; or
• Has applied for suitability notice/blue card about the employee and has been notified by the Commission that the employee has withdrawn their consent to the criminal history check.

C8.3.8(b) It is an offence for persons deemed unsuitable by the Commission to apply for, or start, or continue in child-related employment. 

C8.3.8(c) It is also an offence to provide false or misleading information or documents for the purposes of the criminal history check.

C8.3.8(d) Employees and students must continue to advise the University about any changes to their criminal history.  To protect privacy, employees and students are not required to disclose any information about the change in their criminal history to the University, other than to tell the employer that a change has occurred.

C8.3.8(e) On receipt of such information, the employer must not continue to employ that person without applying to the Commission for a further suitability notice/blue card for that employee.  Failure to do so will be deemed an offence under the Act.