• Section 1 - Purpose and Context
• Section 2 - Definitions
• Section 3 - Policy Statement
• Part A - Approved Screening Agency
• Section 4 - Procedures
• Part B - Part B -Current Employees
• Part C - Recruitment of New Employees (continuing and fixed-term)
• Part D - Employment of Casual Staff
• Part E - Part E -"Working with Children Check"
• Part F - Part F -Notification of Adverse Reports
• Section 5 - Guidelines

Section 1 - Purpose and Context

(1) The NSW Child Protection (Prohibited Employment) Act 1998 prohibits the employment in child-related employment of persons found guilty of committing certain serious sex offences. The Act excludes universities from the operation of the Act - the definition of child-related employment in the Act includes "employment in schools or other educational institutions (not being universities)" - Section 3(a)(iii). However, the University recognises that there may be some situations that involve direct unsupervised contact with children, for example, programs specifically developed for participation by high school students or research on children. The University therefore has an obligation to ensure that such children are protected from harm. It is not the purpose of this policy to create a requirement that all lecturers of first year students (a limited number of whom may be under 18 years of age) submit to a criminal record check.

(2) The University expects all staff to be mindful of their position of authority with respect to students and to ensure that their interactions with students are ethical and do not amount to an abuse of that position.

(3) This policy utilises resources developed and provided by the New South Wales (NSW) Government via their NSW Commission for Children and Young People website. Hyperlinks to the various forms are available from the Resources for Employers page. For ease of access references to forms in this document have been hyperlinked to the resources page. The Government's website also provides other information and resources and employees are encouraged to refer to this site for information.

Section 2 - Definitions

(4) A "prohibited person" means a person convicted of a serious sex offence or a registrable person within the meaning of the NSW Child Protection (Offenders Registration) Act 2000.

(5) "Child-related employment" means any employment that involves direct contact with children where that contact is not directly supervised.

(6) "Children" means persons under the age of 18 years.

Section 3 - Policy Statement

(7) The University has an obligation to ensure that it does not employ a prohibited person in work that has foreseeable or could reasonably be anticipated to involve direct contact with children where that contact is not directly supervised. In circumstances where children are placed in its care, it must ensure that the children are protected from harm. All people looking after children and young people have a responsibility to provide a safe environment for them. No prohibited person will be retained in or appointed to work in child related employment within the University, whether on a continuing, fixed-term or casual mode of employment.

(8) In addition, the University will not engage persons on a voluntary basis to perform any activity which involves unsupervised direct contact with children.

Part A - Approved Screening Agency

(9) The University's Approved Screening Agency for employment screening is the NSW Department of Education and Training.

Section 4 - Procedures

Part B - Part B -Current Employees

(10) The University will obtain a declaration from all existing continuing, fixed-term and casual employees employed in child-related employment as to whether they are a "prohibited person" as defined above in Section 2. The procedure will be as follows:

1. The Office of Human Resources (OHR) will advise all staff of the requirements of this policy and inform staff that they must notify OHR if:
   1. their current work involves direct unsupervised contact with children, and/or
   2. it is foreseeable or could reasonably be anticipated that they will be involved in direct unsupervised contact with children as a result of their future work for the University, and/or
   3. their employment circumstances change at any point in the future to the extent that either (a) or (b) apply.
2. Staff members who notify OHR will be asked to complete the Prohibited Employment Declaration Form issued by the Commission for Children and Young People. The original of the completed form is to be sent to the OHR for filing on personal files.
3. The Office of Human Resources will arrange for the person to be checked by the approved screening agency (see clause (9) above).
4. If any employee identifies as a "prohibited person", the Head of the Organisational Unit, in consultation with OHR, will take immediate appropriate action to ensure that the employee does not remain in child-related employment.
5. If an employee in child-related employment becomes a prohibited person during the course of their employment after they have filled out the declaration, they must notify the University immediately and the action in (d) above will be effected.

Part C - Recruitment of New Employees (continuing and fixed-term)

(11) The University will ensure that all persons commencing child-related employment will be checked against any relevant criminal record, any relevant apprehended violence order or any relevant disciplinary proceeding.

1. The chair of the selection committee will notify the Office of Human Resources when recruitment action is initiated for a position that has foreseeable or could reasonably be anticipated to involve direct contact with children, where that contact will be unsupervised.
2. The Office of Human Resources will indicate on the Job Advertisement that "prohibited persons" are not permitted to apply and that all shortlisted applicants for such a position will be asked to complete the Working with Children Consent Form, authorising checks to be conducted.
3. The chair of the selection committee will undertake Structured Referee Checks for all applicants considered for appointment to the position. It is recommended that references be obtained orally.
4. The Office of Human Resources will arrange for the person selected by the committee to be checked by the approved screening agency, which will:
   1. carry out the " Working with Children Check" for the University [see clauses (13) through (16) below];
   2. undertake a risk assessment of any prospective employee whose check reveals any matter which should be taken into consideration before engagement is confirmed;
   3. contact any prospective employee whose check has revealed a matter which should be taken into consideration regarding that person's possible engagement; and
   4. submit a report to the University about the assessed level of risk of employing the person.

Part D - Employment of Casual Staff

(12) A staff member who intends to engage a casual employee for work that has foreseeable or could reasonably be anticipated to involve direct contact with children, where the contact is unsupervised, must inform the prospective employee that a "prohibited person" cannot be engaged for this type of work and the screening agency will be asked to perform a " Working with Children Check" on them before employment can be authorised. The staff member will then perform an ID check on the prospective employee (photo on licence or passport) and contact the Office of Human Resources, who will request that the approved screening agency perform a "Working with Children Check" and notify the staff member of the result. The staff member authorising the employment must indicate in the appropriate place on the Casual Employment Authority form the fact that the work involves unsupervised direct contact with children and that an employment screening check has been completed. The Office of Human Resources will file the response from the screening agency.

Part E - Part E -"Working with Children Check"

(13) The "Working with Children Check" includes a check for any:

1. relevant national criminal records;
2. relevant apprehended violence orders;
3. relevant disciplinary proceedings.

(14) Relevant criminal records means any criminal record relating to offences involving sexual activity, acts of indecency, child abuse or child pornography, that was punishable by penal servitude or imprisonment for 12 months or more. Registrable offences under the Child Protection (Offenders Registration) Act 2000 are also classed as relevant criminal records.

(15) Relevant apprehended violence orders means any Apprehended Violence Order (other than an interim order); made by a court under Part 15A of the Crimes Act 1900; and taken out in NSW; and made on the application of a police officer or other public official for the protection of a child (or a child and others); and includes those taken out from a date five years prior to the commencement of the legislation.

(16) For the purposes of child protection employment legislation, relevant disciplinary proceedings include actions where a person, who has the authority to do so, enquires into an allegation of: child abuse; sexual misconduct; or an act of violence committed by an employee in the course of employment and a finding is reached, regardless of whether the matter is sustained or not sustained. It is only a requirement to notify the Commission of sexual misconduct or acts of violence in the workplace where these acts involve children, are directed at children, or take place in the presence of children. It is not a requirement to notify the Commission where completed disciplinary proceedings have proven the allegations to be false, vexatious, or misconceived.

Part F - Part F -Notification of Adverse Reports

(17) The Office of Human Resources will notify the Commission for Children and Young People of any:

1. decision not to engage a person as a result of the findings of the employment screening process (Refer to Rejected Applicants Notification Form); and
2. completed disciplinary proceedings against an employee involving child abuse, sexual misconduct or acts of violence in employment where these acts involve children, are directed at children, or take place in the presence of children (Refer to Completed Relevant Disciplinary Proceedings).

(18) Relevant disciplinary proceedings do not include those where there has been a finding that allegations were false, vexatious or misconceived.

Section 5 - Guidelines

(19) Nil.