Police check and child safety screening programs
Blue Card Validation check here
There are two types of screening programs operating in Australia. Some states have employer-driven systems (NSW and SA ) that make it mandatory for employers in relevant fields to carry out background checks on prospective employees or volunteers. These systems provide "point-in-time" background checks and individuals must undergo screening each time they enter into a child-related position.
The other type of screening program in operation offers certification to engage in child-related work to individuals (Qld, Vic., WA and the NT). These certifications are valid for a period of time (e.g., 3 years in WA) and provide for ongoing monitoring of an individual's suitability for child-related work. This means that if a relevant criminal offence is committed during the validity of the check, or if the individual is subject to relevant work-related disciplinary procedures, the administering authority may inform employers of the offence, and alter or withdraw an individual's entitlement to work with children. Individuals can also carry their certification between positions and do not have to undergo repeated screening while their Working With Children Check is valid. Table 1 outlines the relevant legislation in each state and territory and explains the type of system in place in each.
Table 1. Relevant legislation and state and territory screening programs
| Jurisdiction |
Act |
Type of program |
| ACT |
No relevant Act |
No formal Act or screening program, however, individual employers may require police checks at their discretion. |
| NSW |
Commission for Children and Young People Act 1998 (NSW) |
The NSW Working With Children Check is an employer driven "point-in-time" system entailing background checks of employees and the exclusion of prohibited persons from child-related occupations. |
| NT |
Care and Protection of Children Act 2007 (NT) |
Individuals are required to apply for a Working With Children Check, known as a "Clearance Notice" in the Northern Territory. A Clearance Notice is valid for two years, and applies to employers and volunteers in child-related employment settings. |
| Qld |
Commission for Children and Young People and Child Guardian Act 2000(Qld) |
Individuals are required to apply for a Working With Children Check, known as a "Blue Card" in Queensland. Valid for two years, Blue Cards entitle individuals to engage in child-related occupations/volunteering. |
| SA |
Children's Protection Act 1993 (SA) |
The South Australian system is an employer driven "point-in-time" system requiring employers and responsible authorities to obtain criminal history checks for those engaging in child-related occupations/volunteering. |
| Tas. |
No relevant Act |
No formal Act or screening program, however, individual employers may require police checks at their discretion. |
| Vic. |
Working With Children Act 2005 (Vic.) |
Individuals are required to apply for a Working With Children Check. Valid for five years, the Check entitles individuals to engage in child-related occupations/volunteering. |
| WA |
Working with Children (Criminal Record Checking) Act 2004(WA) |
Individuals are required to apply for a Working With Children Check. Valid for three years, the Check entitles individuals to engage in child-related occupations/volunteering. |
Professional registration and child safety policy development
In addition to child-related employment legislation (where it exists), all states and territories have legislation that requires people who wish to register in certain occupations (e.g., teachers, doctors or childcare workers) to be screened for criminal offences. This means that even in jurisdictions where child-related employment legislation does not exist there are still requirements for adults working in certain occupations to undergo screening (e.g., the Victorian Institute of Teaching Act 2001 [Vic.]; the Medical Practitioners Registration Act 2001 [Qld]; the Child Care Act 2001 [Tas.]). Due to the screening already being part of the registration requirements, certain persons are exempt from Working With Children Check requirements (e.g., in Victoria, persons registered under the Victorian Institute of Teaching Act 2001 are exempt from the Working With Children Check).
Organisations may also have developed their own policies that require employees and volunteers to undergo criminal record checks. These policies may exist as a substitute for relevant legislation (i.e., in a jurisdiction where there is no legislation) or in addition to a relevant Act. State and territory police provide criminal history checks to individuals and organisations wishing to obtain Police Checks for employment, voluntary work and occupation-related licensing or registration purposes.
The difference between a Police Check and a Working With Children Check
Police Checks identify and release relevant criminal history information relating to convictions, findings of guilt or pending court proceedings. However, due to spent conviction/non-disclosure legislation and information release policies, there are limitations on the information a Police Check can provide (e.g., the Spent Convictions Scheme stipulates that prior convictions are not to be disclosed where 10 years have passed from the date of the conviction).
As the object of a Working With Children Check is to make an assessment of the level of risk an individual poses to children's safety, Working With Children Checks are more extensive, but also more targeted than Police Checks. For example, Working With Children Checks draw together information from various sources, but may include a primary focus on certain types of offences (e.g., sexual offences, offences related to the harm or mistreatment of a child). In general, Working With Children Checks give consideration to:
- convictions - whether or not they are considered spent or were committed by a juvenile;
- apprehended violence orders and other orders, prohibitions or reporting obligations;
- charges (i.e., where a conviction has not been recorded because, for example, a proceeding has not been heard or finalised by a court, or where charges have been dismissed or withdrawn);
- any relevant allegations or police investigations involving the individual; and
- relevant employment proceedings and disciplinary information from professional organisations (e.g., organisations associated with teachers, childcare service providers, foster carers, and health practitioners).
Across the five jurisdictions that currently carry out Working With Children Checks (NSW, NT, Qld, Vic. and WA) there are differences in what information is considered and what sources of information are drawn upon. Table 2 provides a comparison of the information considered in Working With Children Checks across these jurisdictions.
Table 2. Information considered in Working With Children Checks
| Jurisdiction |
Information considered |
|
NSW
|
The Working With Children Check is comprised of:
- a National Police Check for charges and convictions (including spent convictions) for: any sexual offence (including but not limited to, sexual assault, acts of indecency, child pornography, child prostitution and carnal knowledge); any assault, ill treatment, neglect of, or psychological harm to a child; any registrable offence; offences of attempting, or of conspiracy or incitement, to commit any of the above offences;
- consideration of whether any of the above offences were committed in New South Wales and were punishable by penal servitude or imprisonment for 12 months or more; or whether any of the above offences were committed elsewhere and would have been an offence punishable by penal servitude or imprisonment for 12 months or more if the offence had been committed in New South Wales;
- consideration of relevant matters, including all matters irrespective of whether they are considered spent or were committed as a juvenile (relevant matters include charges that may not have been heard or finalised by a court; are proven but have not led to a conviction; or have been dismissed, withdrawn or discharged by a court);
- consideration of relevant Apprehended Violence Orders; and
- consideration of relevant employment proceedings, reportable conduct, any sexual offences or sexual misconduct, committed against, with or in the presence of a child, including a child pornography offence; any child-related personal violence offence; any assault, ill treatment or neglect of a child; any behaviour that causes psychological harm to a child; or an act of violence committed by an employee in the course of employment and in the presence of a child.
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NT
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The Northern Territory has only recently enacted the Care and Protection of Children Act 2007 (NT). Administrative guidelines outlining the types of information that will be screened as part of the Clearance Check have yet to be finalised.
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QLD
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The Blue Card screening system is comprised of:
- a National Police Check;
- consideration of any charge or conviction for an offence, whether or not a conviction is recorded;
- consideration of whether a person is a respondent to or subject to an application for a child protection prohibition or disqualification order; or whether a person is subject to reporting obligations under the Child Protection (Offender Reporting) Act 2004;
- disciplinary information from professional organisations associated with teachers, childcare service providers, foster carers, nurses, midwives and certain health practitioners; and
- information from police investigations into allegations of serious child-related offences will be taken into account even if no charges were laid because the child was unwilling or unable to proceed.
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VIC
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The Working With Children Check is comprised of:
- a National Police Check - offences with most significance include serious sexual offences; serious violent offences; serious drug related offences, offences against the Working With Children Act 2005 (Vic.) itself;
- a review of relevant findings from prescribed professional disciplinary bodies (at present only the Victorian Institute of Teaching);
- information sought from other bodies such as courts, Corrections Victoria and employers, including, where a court: made a formal finding of guilt in relation to an offence; convicted the applicant of an offence; accepted a plea of guilt from the applicant; or acquitted the applicant of an offence because of mental impairment; and
- information about any spent convictions, juvenile convictions and findings of guilt, pending charges; and the circumstances surrounding any charges or convictions.
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WA
|
The Working With Children Check considers:
- relevant national criminal record information to see if the applicant has charges or convictions that indicate that he or she may be of harm to a child (relevant criminal records include information about: convictions for any offence whether committed as an adult or a juvenile; any "spent" convictions; any pending charge for a Class 1 or Class 2* offence; and any charge that has been finalised by a court for a Class 1 or Class 2* offence, but which did not result in a conviction); and
- information may also be obtained from authorised bodies in Western Australia and similar authorities in other states and territories such as: the Police; the Director of Public Prosecutions; the Department of Corrective Services; the Department of the Attorney General; and courts.
* Class 1 and 2 offences include various sexual offences against a child as well as offences such as murder, manslaughter, grievous bodily harm, indecent assault, making/viewing child pornography and involvement in child prostitution and other offences.
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Note: SA only has a system for criminal history checks; ACT has no formal screening program (see Table 1).
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