Working With Children Check

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The Working With Children Check (WWCC) is an Australian background check requirement, assessing the criminal record of those working or volunteering in child-related work. The check is known as the WWCC (or WWC) in most states and territories. [1] [2] [3] The equivalent check in Queensland is known as a "Blue Card." [4] In the ACT, the equivalent check is known as the Working with Vulnerable People registration (or WWVP). [5] [6]

Contents

In Australia, the Working With Children Check is legislated by each state and territory for the purpose of conducting background checks for people seeking to engage in child-related work. These checks aim to prevent people from working or volunteering with children if records indicate that they may pose an unacceptable level of risk to children. While the check is currently conducted on a state level, an Australian government royal commission has called for the transition to a nationwide check. [7] [8] At the same time, some researchers have questioned the effectiveness of a nationwide approach, citing advantages of the particular state scheme developments. [9]

History

In Australia, this form of pre-employment screening for child-related work began in 2000, when the state of New South Wales introduced its Working With Children Check scheme. Since then, every state and territory has established some form of the scheme. Each of the eight state and territory children check schemes operate independently of each other. [7]

In 2016, South Australia announced it would be switching from a model of criminal background checks to a WWCC model, following a recent royal commission report. [10]

Bars

In New South Wales, since changes to the WWCC system in 2013, about 1,800 people have been barred from working with children in the state. [11]

Legislation

Working With Children Check schemes in Australia
StateNameAuthorityCommencementLegislation
Australian Capital TerritoryWorking With Vulnerable People (WWVP) checkBackground Screening Unit, Access Canberra2012
  • Working with Vulnerable People (Background Checking) Act 2011
New South WalesWorking With Children CheckNSW Office of the Children's Guardian2000
  • Child Protection (Working with Children) Act 2012 [12]
  • Child Protection (Working with Children) Regulation 2013 [13]
  • Child Protection Legislation Amendment Act 2015 [14]
Northern TerritoryWorking With Children Check / Ochre CardScreening Assessment for Employment – Northern Territory (SAFE NT), Northern Territory Police2010
  • Care and Protection of Children Act 2007
QueenslandBlue Card Check / Working With Children CheckBlue Card Services / Public Safety Business Agency2001
  • Working with Children (Risk Management and Screening) Act 2000 [15]
South AustraliaDHS screening (changing to WWCC pending legislation commencement)Screening Unit (DHS - Department of Human Services formerly known as DCSI - Department for Communities and Social Inclusion)2011
  • Child Safety (Prohibited Persons) Bill 2016 [16]
TasmaniaRegistration to Work with Vulnerable People (RWVP) / Working with Children RegistrationDepartment of Justice2014
  • Registration to Work with Vulnerable People Act 2013
  • Registration to Work with Vulnerable People Regulations 2014
VictoriaWorking With Children CheckDepartment of Justice and Regulation, Working with Children Check Unit2006
  • Working with Children Act 2005
Western AustraliaWorking With Children CheckWWC Screening Unit (Department for Child Protection and Family Support)2006
  • Working with Children (Criminal Record Checking) Act 2004
  • Working with Children (Criminal Record Checking) Regulations 2005

Application process

In NSW, the application process involves registering online with the Office of the Children's Guardian, and bringing 100 points of ID to a Service NSW centre. The verification is subsequently emailed to the individual, however, the employer is required to verify the check online as well. [17]

Employers of child-related services need access and update the online WWC system with their current employees to include the Working With Children (WWC) number of each child-related employee. This means that technically if there is an adverse finding in the future, an employer could theoretically be notified, however there is no official requirement to do so, on the contrary, there is concern that lack of coordination between states may allow some adverse issues slip through. [18] According to Working With Children NSW, if the verification result is CLEARED or APPLICATION IN PROGRESS, the worker may commence child-related work. If the verification result is NOT FOUND, EXPIRED, INTERIM BARRED or BARRED, the employer must not employ the worker for child-related work and it is a criminal offence to do so. [19]

Once a person has a Working With Children Check they can seek employment in child-related work; the Check relates to the individual, not to the specific position of employment. As such, individuals may use the same check for multiple positions or workplaces. [20]

The WWCC expires after a certain time (5 years) and should be renewed before the deadline to avoid employment compliance issues.

Exemptions

Certain roles and positions are exempt from the WWCC requirement. For example, in Queensland, shopping mall Santas are exempt, while those hired by schools and other venues are required to undergo the check. [21] A parent who volunteers at their child's school may be exempt from the check. [22] In other instances, some roles, such as tutors, will require a WWCC in some states but not in others. [11] Schoolchildren are generally exempt from the check, however, the check is required for Year 12 students who repeated their studies (completing a 13th year), as they turned 18. [23]

Privacy

The WWCC is intended to exclude people with inappropriate criminal histories from working with children, but at the same time, it is not a mechanism for accessing individual criminal history information. The WWCC process is actually designed to protect the individual from having to reveal his or her record, as the application is made by the individual, and if rejected is not otherwise publicised. [9]

Criticism

Some criticism of the WWCC system followed a report that a man being investigated by counter-terrorism authorities, who had previously been involved in a standoff with police at gunpoint in which he threatened them with a sword, continued to be authorised to work with children. Nesha Oneil Hutchinson, President of Australian Childcare Alliance NSW stated that the Working With Children Check system contained serious flaws where unless an individual was convicted of a crime against a child, they may still pass the check. This would allow individuals convicted of crimes against adults to be allowed to work with children. Additionally, the state-based system would possibly allow someone committed of a crime against a child in another state to receive the check as well. [24]

In 2015, final decisions on thousands of applications for checks in South Australia were delayed due to staffing shortages. In some instances, individuals were unable to work while the applications were still being processed, leading members of the public to call for an interim measure to let people work at least until a new clearance was issued. [23]

See also

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References

  1. ↑ "Working With Children Check - NSW Office of the Children's Guardian".
  2. ↑ "Home". Department of Justice, Victoria.
  3. ↑ "Home". Department of Child Protection, Western Australia.
  4. ↑ "Blue Card Services, Department of Justice and Attorney-General". Queensland Government.
  5. ↑ "Home". ACT Government.
  6. ↑ "Access Canberra". www.accesscanberra.act.gov.au. Retrieved 2023-08-02.
  7. 1 2 "Working With Children Check Report". Royal Commission into Institutional Responses to Child Sexual Abuse.
  8. ↑ "Home". Sydney Morning Herald. 17 August 2015.
  9. 1 2 Budiselik, William, Frances Crawford, and Joan Squelch. "The limits of working with children cards in protecting children." Australian Social Work 62, no. 3 (2009): 339-352.
  10. ↑ "SA's Working With Children Checks overhauled after royal commission". ABC News. 23 August 2016.
  11. 1 2 Munro, Kelsey (9 July 2016). "Why parents need to be vigilant about tutors". Sydney Morning Herald.
  12. ↑ Child Protection (Working with Children) Act 2012.
  13. ↑ Child Protection (Working with Children) Regulation 2013.
  14. ↑ Child Protection Legislation Amendment Act 2015.
  15. ↑ Working with Children (Risk Management and Screening) Act 2000.
  16. ↑ Child Safety (Prohibited Persons) Bill 2016.
  17. ↑ "Role of an employer". The Children's Guardian.
  18. ↑ "Working with children checks should be urgently strengthened, royal commission finds". ABC News. 17 August 2015.
  19. ↑ "Verifying a Check - NSW Office of the Children's Guardian". www.ocg.nsw.gov.au. Archived from the original on 2017-02-26.
  20. ↑ Naylor, Bronwyn. "Criminal records and rehabilitation in Australia." European Journal of Probation 3, no. 1 (2011): 79-96.
  21. ↑ "'No, no, no!' Concern as Santas exempt from working with children checks in Queensland". Yahoo News.
  22. ↑ De Plevitz, Loretta. "Systemic racism: The hidden barrier to educational success for Indigenous school students." Australian Journal of Education 51, no. 1 (2007): 54-71.
  23. 1 2 "Working with children check backlog forces SA department to double staff, people left unable to work". ABC News. 22 April 2015. 22 Apr 2015.
  24. ↑ "Alleged fraudster allowed to work with kids despite sword attack". ABC News. 15 August 2016.
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