• Section 1 - Purpose and Context
• Section 2 - Definitions
• Section 3 - Policy Statement
• Section 4 - Procedures
• Part A - Current Employees
• Part B - Recruitment of New Employees (ongoing and fixed-term)
• Part C - Employment of Casual Staff
• Part D - Engagement of other Workers
• Part E - Notification of Adverse Reports
• Section 5 - Guidelines

Section 1 - Purpose and Context

(1) The Child Protection (Working with Children) Act 2012 (NSW) (Act) aims to protect children by prohibiting certain persons from being involved in Child-Related Work. This involves background checking for Child-Related Work which is administered by the Commission and other agencies.

(2) Although universities are expressly excluded from the operation of the Act, the University recognises that there may be some circumstances in which activities are undertaken that would otherwise fall within the notion of Child-Related Work. By way of example, such activities may include, but are not limited to, programs specifically developed for participation by high school students under the age of 18 years or research involving children. The University therefore has an obligation to ensure that such children are protected from harm.

(3) This policy outlines the principles committed to and the processes to be undertaken in response to Child Protection (Working with Children Act 2012 (NSW). 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) obtain a Clearance.

Section 2 - Definitions

(4) For the purposes of this policy:

1. "Act" means the Child Protection (Working with Children) Act 2012 (NSW).
2. "Child" or "Children" means a person or persons under the age of 18 years.
3. "Child-Related Work" means work that involves direct contact with Children or a Child-related role as prescribed by the Act.
4. "Clearance" means a Working with Children Check Clearance carried out by the Commission. This will involve, amongst other things, the conduct of a criminal record check.
5. "Commission" means the NSW Commission for Children and Young People.
6. "Disqualified Person" means a person convicted of, or subject to proceedings relating to, any offence(s) prescribed in Schedule 2 to the Act.
7. "Worker" or "Workers" includes any person or persons who is or are engaged in work as an employee (whether on a fixed-term, ongoing or casual basis), as a self-employed person or as a contractor or subcontractor, or as a volunteer.

Section 3 - Policy Statement

(5) Wherever possible, the University will ensure that it does not engage a Disqualified Person as a Worker to carry out work that is, or may reasonably be foreseen as becoming or involving, Child-Related Work.

Section 4 - Procedures

(6) This policy utilises resources developed and provided by the New South Wales 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.

Part A - Current Employees

(7) As at the date of publication, the University has obtained a prohibited person declaration from all existing ongoing, fixed-term and casual employees employed in Child-Related Work as to whether they are a Disqualified Person.

(8) If an employee in Child-Related Work who has previously completed a prohibited person declaration becomes a Disqualified Person during the course of their employment, they must notify the University immediately and the Unit Head, in consultation with Office of People and Culture (OPC), will take immediate appropriate action to ensure that the employee does not remain in Child-Related Work.

(9) The procedure will be as follows:

1. OPC will advise all staff of the requirement of this policy and inform staff that they must notify OPC if:
   1. His/her work with the University is, or may reasonably be foreseen as becoming or involving, Child-Related Work; or
   2. His/her employment circumstances change at any point in the future such that (i) applies.
2. If any employee identifies as a Disqualified Person, the Unit Head, in consultation with OPC, will take immediate appropriate action to ensure that the employee does not remain in Child-Related Work.

(10) The University will not continue to employ an employee in Child-Related Work if the University becomes aware, knows or has reasonable cause to believe that the employee is not the holder of a Clearance that authorises that work.

Part B - Recruitment of New Employees (ongoing and fixed-term)

(11) All persons shortlisted for a position that involves Child-Related Work must obtain a Clearance as evidence that they are not a Disqualified Person.

1. The Chair of the selection panel will notify OPC when recruitment action is initiated for a position that will involve, or may reasonably be foreseen as becoming or involving, Child-Related Work.
2. OPC will indicate on the job advertisement that Disqualified Persons are not permitted to apply for the role and that all shortlisted applicants for the position will be required to provide a Clearance.
3. The Chair of the selection panel will undertake Structured Referee Checks for all applicants considered for appointment to the position. It is recommended that references be obtained orally.
4. The University will not employ or continue to employ an applicant in a position that involves Child-Related Work if it knows or has reasonable cause to believe that the applicant is not the holder of a Clearance and there is no current application by the applicant to the Commission for a Clearance.

Part C - Employment of Casual Staff

(12) A staff member who intends to engage a casual employee for work that will involve, or may reasonably be foreseen as becoming or involving, Child-Related Work must inform the prospective employee that a Disqualified Person cannot be engaged for this type of work and that the employee will be required to obtain a Clearance.

(13) The University will not engage or continue to engage an employee in a casual position that involves Child-Related Work if it knows or has reasonable cause to believe that the applicant is not the holder of a Clearance and there is no current application by the applicant to the Commission for a Clearance.

Part D - Engagement of other Workers

(14) Any other persons engaged as any other type of Worker (for example, as a volunteer) by the University for work that will involve, or may reasonably be foreseen as becoming or involving, Child-Related Work will be required to obtain a Clearance.

(15) The University will not engage or continue to engage a person as any other type of Worker in work that involves Child-Related Work if it knows or has reasonable cause to believe that the person is not the holder of a Clearance and there is no current application by the person to the Commission for a Clearance.

Part E - Notification of Adverse Reports

(16) OPC will notify the Commission of any finding by the University that a Worker has engaged in misconduct involving children within the meaning of Schedule 1(2) of the Act.

Section 5 - Guidelines

(17) Nil.