Employer guidelines - NSW Commission for Children and Young People

The Working With Children Employer Guidelines show employers how to meet their responsibilities under the Working With Children program.

These Guidelines supersede the 2004 Working With Children Check Guidelines. The information in these Guidelines is correct at 30 June 2009.

Commissioner's Foreword

The communities that children and young people live in and the organisations they are part of are important to their well-being.

And every day children and young people across NSW spend time with adults in organisations such as schools, childcare centres, refuges, sporting clubs and hospitals.

Keeping children and young people safe in the workplace is part of your broader responsibility, as an employer, to manage risks within your organisation.

These Guidelines will show you how to meet your responsibilities under the Working With Children program.

The Commission for Children and Young People has also developed other resources to complement these Guidelines and help you create a safer, friendlier organisation for kids. You can find these resources on the Commission’s website at www.kids.nsw.gov.au/safefriendly.

Index

	Introduction
	Do you provide child-related employment?
	1.1	Is the nature of the work "employment"?
	1.2	Do you employ people in child-related employment?
	1.2.1	The work settings
	1.2.2	Primarily involves contact with children
	1.2.3	Direct contact with children
	1.2.4	Not directly supervised
	1.2.5	Capacity to direct the employee
	1.2.6	If you are still not sure whether a position is child-related employment
	1.3	What if you are not based in NSW?
	1.4	What if you don't provide child-related employment?
	Your obligations as an employer
	2.1	Don't employ prohibited persons in child-related employment
	2.2	Do Working With Children background checks
	2.3	Report relevant employment proceedings
	2.4	Keep records and protect confidentiality
	A step-by-step guide for child-related employment
	3.1	Recruitment for child-related employment
	3.2	Prohibited persons
	3.2.1	Who is a prohibited person
	3.2.2	When to seek Prohibited Employment Declarations
	3.2.3	How often to get Prohibited Employment Declarations signed
	3.2.4	Storing Prohibited Employment Declarations
	3.2.5	How long to keep Prohibited Employment Declarations
	3.2.6	Commission for Children and Young People may request Prohibited Employment Declarations for auditing purposes
	3.2.7	If a prohibited person applies for child-related employment
	3.3	Do you need to do Working With Children background checks?
	3.3.1	Who must be checked?
	3.3.2	Who is not checked?
	3.3.3	When must you do the Working With Children background check?
	3.3.4	What to do if you need to employ a person urgently
	3.3.5	Short-term employees
	3.3.6	What records are checked in the Working With Children background check
	3.4	How to register for the Working With Children background check
	3.4.1	What are Approved Screening Agencies?
	3.4.2	Which Approved Screening Agency should you register with?
	3.4.3	How do you register with an Approved Screening Agency?
	3.5	How to obtain a Working With Children background check
	3.5.1	Identifying the preferred applicant accurately
	3.5.2	Requesting consent from the preferred applicant
	3.5.3	How long to keep consent forms
	3.5.4	Informa ion you are required to provide to your Approved Screening Agency
	3.6	What happens if the Working With Children background check shows no relevant records exist
	3.7	What happens if a relevant record exists
	3.7.1	Verifying the records
	3.7.2	Providing information to the Approved Screening Agency
	3.7.3	Are you protected when you provide information?
	3.7.4	Making your employment decision
	3.7.5	When to notify the Commission for Children and Young People about your employment decision
	Relevant employment proceedings
	4.1	What is a relevant employment proceeding?
	4.1.1	When is an employment proceeding considered "completed"?
	4.1.2	What is a class or kind agreement?
	4.1.3	What reportable conduct does not include
	4.1.4	What is trivial or negligible use of physical force?
	4.2	Which matters should not be notified to the Commission for Children and Young People?
	4.3	What are the categories for relevant employment proceedings?
	4.3.1	Category One classification
	4.3.2	Category Two classification
	4.4	How do you notify the Commission for Children and Young People of a relevant employment proceeding?
	4.4.1	Notifying the employee
	4.5	What information do you need to record?
	4.5.1	Keep records of relevant employment proceedings
	4.5.2	Confidentiality of relevant employment proceedings
	4.5.3	Access to information for employees
	4.6	When can you withdraw a relevant employment proceeding notification?
	4.7	How can the categories of relevant employment proceedings be reviewed?
	4.7.1	How to request a review of categories by the Commission for Children and Young People
	4.7.2	Review of notifications by the Commission for Children and Young People
	Background information
	5.1	What are other employment screening options?
	5.2	Maintaining confidentiality
	5.3	What are the offences and penalties?
	5.3.1	Prohibited persons
	5.3.2	Not undertaking the Working With Children background check
	5.3.3	Failing to notify the Commission for Children and Young People of a rejected applicant for child-related employment
	5.3.4	Failing to notify the Commission for Children and Young People of a relevant employment proceeding
	5.3.5	Breaching confidentiality
	5.3.6	Failing to produce information when requested by the Commission for Children and Young People
	5.4	What records are checked in the Working With Children background check?
	5.4.1	Relevant criminal records
	5.4.2	Relevant Apprehended Violence Orders
	5.4.3	Relevant employment proceedings
	5.5	What is reportable conduct and an act of violence for the purposes of relevant employment proceedings?
	5.5.1	Sexual offences
	5.5.2	Sexual misconduct
	5.5.3	Physical assault
	5.5.4	Ill-treatment
	5.5.5	Neglect
	5.5.6	Behaviour that causes psychological harm
	5.5.7	What is an 'act of violence'?
	5.6	What does an estimate of risk take into account?
	5.7	How to make your workplace child-safe and child-friendly
	5.8	What you should expect from your Approved Screening Agency
	5.9	What you should expect from the Commission for Children and Young People
	5.10	What to do if you have a complaint about service
	5.11	What is the relevant legislation?
	5.11.1	Commission for Children and Young People Act 1998
	5.11.2	Part 3A of the Ombudsman Act 1974
	5.11.3	Child Protection (Offenders Registration) Act 2000
	5.11.4	Freedom of Information Act 1989
		Glossary
	Forms
	6.1	Employer Registration
	6.2	Amendment to Employer Registration Details
	6.3	Is the position child-related employment?
	6.4	Prohibited Employment Declaration
	6.5	Working With Children Background Check Consent
	6.6	Working With Children Background Check Request
	6.7	Employment Decision Notification
	6.8	Relevant Employment Proceedings Notification
	6.9	Relevant Employment Proceedings Summary
	6.10	Relevant Employment Proceedings Employee Advisory Letter
	6.11	Relevant Employment Proceeding Records Release