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• Employer guidelines
  • Introduction
  • 1. Do you provide child-related employment?
  • 2. Your obligations as an employer
  • 3. Step-by-step guide
  • 4. Relevant employment proceedings
  • 5. Background information
  • 6. Forms
  • Glossary
• Prohibited employment
• Background checks
• FAQs
• Employer-related bodies
• Child-safe child-friendly
• Offender Counsellors
• Commitment to service

 

 

To assist you in determining whether a position is child-related employment, it is recommended you complete the form, Is the position child-related employment?, for each position.

1.1  Is the nature of the work "employment"?

Employment is:

• performance of work under a contract of employment; or
• performance or work as a self-employed person; or
• performance of work as a subcontractor; or
• performance of work as a volunteer for an organisation; or
• undertaking practical training as part of an educational or vocational course; or
• performance of work as a minister, priest, rabbi, mufti or other like religious leader or spiritual officer of a religion or other member of a religious organisation; or
• performance of the duties of a foster carers (i.e. an authorised carer within the meaning of the Children and Young Persons (Care and Protection) Act 1998.

1.2  Do you employ people in child-related employment?

Child-related employment is employment:

• in the work settings listed below; and
• that primarily involves contact with children; and
• that involves direct contact with children; and
• where that contact is not directly supervised by a person having the capacity to direct the employee in the course of the employment.

All four criteria must be satisfied for the position to be child-related employment.

1.2.1   The work settings

You employ people in child-related employment if you provide employment in NSW:

 

In pre-schools, kindergartens and child care centres (including residential child care centres);	Pre-schools, kindergartens and child care centres are those defined under the Children and Young Persons (Care and Protection) Act 1998, as well as those provided in commercial or recreational facilities
As a babysitter or childminder that is arranged by a commercial agency
Involving the private tuition of children	Private tuition means tuition formally arranged for children, where the person is actively teaching
In schools or other educational institutions (not being universities)	Educational institutions aimed at post-secondary students are not child-related employment (except where students are under 18 years of age) Employers whose primary purpose is not education are not educational institutions, even when they run an educational program
On school buses	School buses cover those accepting travel passes from students travelling to and from school at the start and finish of the school day. Excursion bus drivers should be under the direction of the accompanying teachers, therefore they are not in child related employment
Involving regular provision of taxi services for the transport of children with a disability
Involving the provision of child protection services
Involving fostering or other child care	Other child care covers child care akin to residential out of home care, boarding or home stay arrangements and respite care
In refuges used by children
In detention centres (within the meaning of the Children (Detention Centres) Act 1987);
Involving the provision of counselling or other support services for children	Other support services for children means youth services, family support services and other welfare services Only staff delivering the counselling or other support service are covered by this definition
Involving the direct provision of child health services	Child health services covers medical and dental services, ambulances and those therapies listed in “extras cover” by the major health insurance funds. Only the health staff, including allied health staff, directly delivering the service are in child-related employment
In wards of public or private hospitals in which children are patients
In clubs, associations, movements, societies, institutions or other bodies (including bodies of a cultural, recreational or sporting nature) having a significant child membership or involvement	Museums, councils, galleries and other like institutions are child-related employment if they provide programs specifically for children
In entertainment venues where the clientele is primarily children	Public fairs and events intended for children, children’s theatres, computer games arcades, vacation care centres, public swimming pools and sports facilities are child-related employment Zoos, aquariums, theme parks, fun parks, general theatres, circuses and cinemas are child-related employment if they provide programs specifically for children
At overnight camps for children	Overnight camps covers any activity specifically for children involving overnight accommodation, for example in tents, temporary shelters or group accommodation with organised recreation or programs
In any religious organisation

1.2.2   Primarily involves contact with children

The position primarily involves contact with children when direct contact with children is an essential requirement of the job. For example, a builder/carpenter contractor working in a school is not in child-related employment, as contact with children is not an essential requirement of their job.

1.2.3   Direct contact with children

To involve direct contact with children, it must be face to face contact. Contact with children by telephone or online is not direct contact.

1.2.4   Not directly supervised

Supervised refers to supervising the employee's contact with children. An employee is not directly supervised when:

• there is no officer on site with the capacity to direct the employee during their contact with children; or
• there are periods of more than a few minutes when the employee is not in view of this officer or other delegated officer.

1.2.5   Capacity to direct the employee

A person can direct if they have a higher authority or they are delegated. For example, a teacher supervising children on an excursion is a delegate of the school so can direct a bus driver on such excursions.

1.2.6   If you are still not sure whether a position is child-related employment

If you are not sure whether a position is child-related employment, go to the Commission for Children and Young People's website or contact your Approved Screening Agency.

1.3  What if you are not based in NSW?

If you employ staff in child-related employment in NSW, but you are based outside of NSW then you must comply with the Working With Children Check.

If an employee is engaged to work with children outside NSW, but their work occasionally requires them to work with children in NSW the Working With Children Check does not apply. For example, a teacher employed by a Queensland school on an excursion to NSW with children from their class is not required to do the NSW Working With Children Check

1.4  What if you don't provide child-related employment?

All employers have a responsibility to manage risks to children within their workplaces. The Commission for Children and Young People helps employers do this by providing our Child-safe Child-friendly resources.

For further information on managing risks in your workplace go to What are other employment screening options? and the Commission for Children and Young People's Child-safe Child-friendly resources.

If you do not employ people in child-related employment, you are still required to report relevant employment proceedings to the Commission for Children and Young People.

Any employer can also be required, if requested, to provide information to the Commission for Children and Young People or Approved Screening Agencies about employees who have been the subject of relevant employment proceedings.

For further information go to Relevant Employment Proceedings.