(*SAMPLE ONLY) Prevention of Abuse Client Protection Policy The Prevention of Abuse Client Protection Policy has been developed as a guide for use by organisations insured with Ansvar Insurance. The advice, information and procedures in this document are given in good faith and are based on our understanding of current legalities. The document may be altered to more accurately reflect the users requirements but Ansvar Insurance does not accept any liability whatsoever for the document in its current form or any changes, errors or omissions which may result in injury, loss or damage, including consequential or financial loss. It is the responsibility of each organisation, or any other person to ensure that they comply with their statutory obligations and any interpretation or implementation of this information is at the sole discretion of the organisation or other party who may read this policy. Any terms or definitions referred to in this document apply only to the document and do not apply to insurance contracts, policies or any other documents provided by Ansvar Insurance Ltd. Page left blank (*SAMPLE ONLY) Prevention of Abuse Client Protection Policy (*Organisation Name) Page 3 Contents 1. Introduction 5 1.1 Policy Statement 5 1.2 Scope 5 1.3 Authority 5 1.4 Definitions 5 2. Policy Review 5 3. Obligations 5 4. Selection & Screening 6 5. Training 6 6. A Safe Environment 6 7. Disciplining Children 7 8. Reporting Procedures 7 9. Alcohol & Drugs 7 Appendix 1 Further Information to assist with Client Protection 8 Appendix 2 Suggested Application Form 17 Appendix 3 Suggested Interview Questions 21 1. Introduction 1.1 Policy Statement (*Organisation Name) is committed to providing a safe and secure environment for all its Employees, Members, Visitors, Volunteers and particularly to Children, Aged and Vulnerable People. (*Organisation Name) Client Protection Policy aims to reduce the risk of Abuse occurring, and to ensure that a caring and appropriate response is taken should Abuse occur. 1.2 Scope This Client Protection Policy applies to: • All service organisations or subsidiary bodies authorised by or under the control of (*Organisation Name), • All Employees, Members, Volunteers, Contractors and Visitors within (*Organisation Name) or engaged by (*Organisation Name). 1.3 Authority This Client Protection Policy was adopted for use by (*Name of Organisation’s governing body) on (*Date). (*Name of the Organisation’s governing body) are committed to implementing the Client Protection Policy and to training our Employees, Members, Contractors and Volunteers in its content and application. 1.4 Definitions Abuse, can consist of one or more of but is not restricted to the following: Elder Abuse, a single or repeated act, occurring in any relationship where there is an expectation of trust, which causes harm or distress to an older person. Physical Abuse, any non-accidental physical injury resulting from practices such as: • hitting, punching, kicking (marks from belt buckles, fingers), shaking, burning (irons, cigarettes), biting, pulling out hair, alcohol and/or other drug administration. Sexual Abuse, any assault or abuse of a sexual nature, sexual molestation, indecent exposure, sexual harassment or intimidation. Emotional Abuse, the chronic attitude or behavior of one person which is directed at another person, or, the creation of an emotional environment which erodes a person’s self esteem and social confidence over time. Behaviors may include: • Insulting, bullying, devaluing, ignoring, rejecting, corrupting, isolating, terrorising or other extreme acts in the aged or vulnerable person’s presence. Financial Abuse may include: • Activities by an attorney in violation of their powers, duties and responsibilities under an Enduring Power of Attorney (EPA), • Misappropriation of money, valuables or assets, • Forging signatures on cheques, • Denial of access to personal assets, • Accessing a person’s funds electronically and/or • Forced or unauthorised changes to legal documents. Financial abuse may also occur where a person takes advantage of an older person who has already lost (or is losing) capacity, by coercing or arranging for the older person to sign an EPA in circumstances where the older person is unable to understand the nature and effect of the document. This raises questions about the actions of witnesses to EPA’s. Neglect, characterised by the failure to provide for basic needs. Any serious omission or commission which jeopardises or impairs a person’s health or development. Child, any person under the age of 18. Leader, any person (paid or unpaid) over the age of 18 who is responsible for the control and safety of members placed in their care whilst holding a formal position in a named Organisation. A leader could include but is not limited to: • • • • • • • • • • Activity Coordinators, Religious, Small group Leaders, Music, drama or other Leaders, Counselors, Youth Leaders, Teachers, Volunteers, Club Leaders, Sports Coaches and Organisers. Member, any person, including children, who attends or participates in the named Organisation’s activities, objectives or strategic plan. Organisation, the (*Organisation’s Full Name), located at (*Address) Volunteer, any unpaid person over the age of 16 who is invited to assist in the care of Aged and Vulnerable people. Vulnerable Personal, any person who is or may be in need of community care services by reason of mental or other disability, age or illness. 2. Policy Review This Client Protection Policy will be reviewed annually at the (*Relevant Annual Meeting) meeting. The Organisation’s governing body will inform all interested parties when the date of review will occur, and any changes recommended by the interested parties should be submitted in writing to the governing body for consideration one month before the review date. Any proposed changes will be submitted to the (*Relevant Annual Meeting) for approval before being implemented. 3. Obligations 3.1 Responsibility The core expectations of any responsible Organisation require us to treat all people with fairness and dignity and to care for those who are less powerful and in need of nurture and protection. 3.2 Legal All relevant organisations within Australia are bound by Federal and State legislation and principles established through common law. (*Organisation’s Full Name) is committed to adhering to all relevant legislation. 3.3 Ethical Some actions may not be regarded as Abuse, but are unacceptable behavior for (*Organisation’s Full Name). These include: • Inappropriate conversation of a sexual nature. • Coarse language, especially that of a sexual nature. Page 5 • • • • Suggestive gestures or remarks. Jokes of a sexual nature. Inappropriate touching. Inappropriate literature (e.g. PG, M, MA, R or X rated material used with Elderly or Vulnerable Persons). • Recording or filming with or without prior consent. • Acts of violence committed by a Worker, Leader or Volunteer in the course of an activity. (*Organisation’s Full Name) governing body will ensure that high standards of conduct are maintained at all times. Note: The term ‘residential care service’ below means the same as ‘aged care home’. Each client of (*Organisation’s Full Name) has the right: • To full and effective use of his or her personal, civil, legal and consumer rights; • To quality care which is appropriate to his or her needs; • To full information about his or her own state of health and about available treatments; • To be treated with dignity and respect and to receive services without exploitation, abuse or neglect; • To receive services without discrimination or victimization, and without being obliged to feel grateful to those providing his or her care and accommodation; • To personal privacy; • To live in a safe, secure and home like environment, and to move freely both within and outside any residential care service without undue restriction; • To be treated and accepted as an individual, and to have his or her individual preferences taken into account and treated with respect; • To continue his or her cultural religious practices and to retain the language of his or her choice, without discrimination; • To select and maintain social and personal relationships with any other person without fear, criticism or restriction; • To freedom of speech; 4. Selection & Screening 4.1 Employees, Agency Staff, Contractors & Volunteers Employees, Agency Staff, Contractors and Volunteers involved in activities or programs with children, aged and/or vulnerable people must be carefully selected and screened. Prior to commencing employment or volunteer services, the following precautions will be taken: • All employees should, and/or volunteers must, be Members of (*Organisation Name) and have regularly attended (*Organisation Name) for at least 6 months. • All employees and/or volunteers must complete an application form which requests details of relevant past experience, positions held, details of two referees and permission to contact them (see Appendix 2). • Both referees will be checked and spoken to, using an agreed set of questions which have been drafted by (*Organisation Name). The questions will seek to establish the applicant’s suitability for the role or position and the conversation will be documented and retained on file. • All short-listed candidates must undertake a formal interview which includes an analysis of past experience working with children, the elderly or vulnerable people. • A Police and/or Community Services check which complies with the legislative requirements of (*State where the Organisation is located) will be requested and received prior to the Employee or Volunteer commencing their proposed role. The check must show that the individual is not precluded from working in childcare or aged care. Where the Organisation has identified that an applicant has previously committed a violent or sexually related offence, they cannot, under any circumstances, be considered for employment or engagement with (*Organisation Name). 5. Training All new Workers/Employees, including Agency Staff, Contractors and Volunteers will be issued with a copy of this policy and receive formal training in; • The content and application of the Organisation’s Client Protection Policy, • Reporting procedures and the associated legal requirements. • To maintain his or her personal independence, which includes a recognition of personal responsibility for his or her own actions and choices, even though some actions may involve an element of risk which the client has the right to accept, and that should then not be used to prevent or restrict those actions; Refresher training courses based on current “best practice” and changes to legislation will be provided on an annual basis. • To maintain control over, and to continue making decisions about, the personal aspects of his or her daily life, financial affairs and possessions; 6. A Safe Environment • To be involved in the activities, associations and friendships of his or her choice, both within and outside any residential care service; Incidents of Abuse are unlikely to take place in front of another person and the presence of a witness can assist in clarifying questionable allegations. For these reasons, working in pairs is the preferred method. • To have access to services and activities which are available generally in the community; • To be consulted on, and to choose to have input into, decisions about the living arrangements of any residential care service; Wherever possible, workers will not visit Aged or Vulnerable Persons in their homes unless a friend or relative is present or another Worker accompanies them. • To have access to information about his or her rights, care, accommodation and any other information which relates to him or her personally; When transporting people under their care, Workers will take them directly to and from arranged venues and will not spontaneously detour or make additional arrangements. • To complain and to take action to resolve disputes; All personal counseling is to be carried out within sight of another Worker. • To have access to advocates and to other avenues of redress; and • To be free from reprisals, or a well-founded fear of reprisal, in any form for taking action to enforce his or her rights. Page 6 Workers will respect a Member’s feelings and privacy when engaging in physical contact of any kind. Adults and Children are expected to respect each other’s privacy during times that require undressing, dressing or changing clothes. Workers will set an example by protecting their own privacy in similar situations. No Worker will be alone in a room with a Child or an Elderly or Vulnerable person while any/either is changing. Initiations and secret ceremonies are prohibited. All aspects of every program related to children, aged and vulnerable people will be open to observation by family, friends or guardians. Workers have the right to ask people who do not have a valid reason to be present at such activities to leave. Police may be contacted if such persons refuse to comply with any reasonable request to leave. 7. Disciplining Children The Police will also be notified if a Member discloses an incident of Abuse that has occurred somewhere other than (*Organisation Name’s) premises, (e.g. an outing). If a disclosure of abuse is made, the person who receives the disclosure will maintain appropriate pastoral care to the one making the disclosure. This will include: • Treating each allegation seriously and not attempting to deny the allegation or minimise its impact on the alleged victim. The matter should not be swept under the carpet. • Not pushing the Member to disclose details of the alleged assault or attempting to investigate the allegation. • Assuring the Member that they are understood: that their disclosure is being taken seriously; that what has happened is not their fault, and that they are correct in disclosing the incident. Is not the responsibility of (*Organisation Name) or its Workers, Volunteers or Leaders to discipline a Child. If a Child does not abide by the rules set down by the Organisation, or becomes an obstruction to the care of other Children or Members, and may cause harm, the Child will be removed and referred back to their parent or guardian. • Reporting the abuse to the police and (*Organisation Name’s) insurer. At no time will a Leader administer any form of physical, emotional, financial or mental discipline. • If the alleged assault has taken place recently, clothing worn by the Member should be, if reasonably practical, retained and handed to the police for forensic examination. 8. Reporting Procedures • Maintaining confidentiality. (*Organisation Name) actively encourages the reporting of all abuse including Sexual Abuse. (*Organisation Name) is committed to building an environment where either a victim or employee/volunteer feels able to report such abuse. Employees and/or volunteers must report reasonable suspicions of abuse to the senior management of (*Organisation Name). Reasonable Suspicion means fair and practical reason to believe an incident involving abuse has occurred based on either verbal communication, hearsay, rumor or observation of behavior. An independent person will be appointed by (*Organisation Name) with the specific duty of dealing with any allegations of harm or abuse that may arise. The details of those reporting abuse will be kept private and confidential. • Not making contact with the alleged perpetrator. If the Worker or Volunteer is already providing counsel to the alleged perpetrator, it may be advisable for another person to assume this responsibility for the duration of any investigation. Any disclosures by a Member, reports of suspected abuse and all details of the subsequent investigation will be documented promptly and the documents will be held in a secure location where a breach of privacy cannot occur. 9. Alcohol & Drugs The consumption of alcohol or illegal drugs on (*Organisation Name’s) grounds or during an activity is not to be allowed or condoned by any Worker. Any Member found to be under the influence of alcohol or illegal drugs is to be counseled and family contacted. Any Member required to take prescription medication administered by a Worker, Volunteer or Leader, will provide a letter from their physician to (*Organisation Name’s). A documented reporting process with escalating procedures has been established by (*Organisation Name) for handling allegations of abuse. The escalating procedures will be as follows: • The automatic suspension from all work or other duties within (*Organisation Name) of any person while under investigation by (*Organisation Name), or by the police, for committing abuse; • The automatic termination of their employment, or involvement with (*Organisation Name) if found guilty of committing abuse, either by internal investigation or by a court. If there is reasonable suspicion that a Member has been or is suffering abuse, the Police and the Organisation’s Insurer will be contacted immediately. The phone number for the Police is: (*Police ph no.) The phone number for (*Organisation Name’s) is: (*Organisation ph no.) Page 7 Client Protection Assistance APPENDIX 1 - Further Information to assist with Client Protection APPENDIX 1 Further Information to assist with Client Protection (*Delete the following information that is not relevant to your Organisation) The list below provides assistance contact details in your State or Territory. Refer to the Department of Health and Ageing website for information regarding Residential Care Standards and Accreditation: http://www.health.gov.au/internet/main/publishing.nsf/content/ageing-rescarestandard.htm Every attempt has been made to ensure this information is accurate, however a review should be undertaken regularly to ensure the information remains correct and current. Elder Abuse Prevention, advocacy and information telephone services: • • • • • • • • ACT - Elder Abuse Prevention Information Line 02 6205 3535 NSW - Police Assistance Line 131 444 NT - Advisory Council on Ageing - 08 8999 2809 QLD - Elder Abuse Prevention Unit 1300 651 192 or 07 3250 1955 SA - Aged Rights Advocacy Service - 08 8232 5377 or 1800 700 600 TAS - Department of Health and Human Services - 03 6233 8514 VIC - Seniors Rights Victoria 1300 368 821 WA - Advocare Inc - 08 9479 7566 or 1800 655 566 Child Protection information Below is a précis of legislative requirements with respect to Child Abuse that apply in (*Your State). (*Delete the following information that is not relevant to your organisation) 1. Queensland Suitability notice (Blue card) – working with children check A blue card is issued by the Commission for Children and Young People and Child Guardian. When a person applies for a blue card the commission conducts a working with children check which is a detailed national check of a person’s criminal history, including any charges or convictions. Also considered is disciplinary information held by certain professional organisations and police investigation information (into allegations of serious child-related sexual offences, even if no charges were laid because the child was unwilling or unable to proceed). A person is disqualified if they: • Have been convicted of a disqualifying offence (including a child-related sex or pornography offence, or the murder of a child), or • Are a reportable offender with current reporting obligations under the Child Protection (Offender Reporting) Act 2004, or • Are subject to a child protection offender prohibition order, or • Are subject to a disqualification order prohibiting them from applying for or holding a blue card. A disqualified person may apply to the commission for an ‘eligibility declaration’ and in very limited and defined circumstances may be declared eligible to apply for a blue card. A person whose application is approved is issued with a positive notice letter and a blue card. If a person’s application is refused, they are issued with a negative notice which prohibits them from carrying on a business or providing child-related activities in the categories regulated by the Commission’s Act. All employers and education providers must: • Use only the latest blue card application forms (which note a declaration that it’s an offence for a disqualified person to apply for a blue card). • Warn every person applying for a blue card that it’s an offence for a disqualified person to sign the application form. For example, “I am legally obliged to warn you that it is an offence for a disqualified person to sign a blue card application form.” • Sign the declaration on the application form stating you have warned the applicant, and check that the applicant has signed the declaration stating they are not a disqualified person before lodging an application on their behalf. Risk management obligations It is also mandatory for every organisation covered by the Commission’s Act to have a risk management strategy in place to keep children and young people safe. This means employers must develop and implement a written child protection risk management strategy and review it each year. The strategy should include a register of all paid and volunteer staff in your organisation that carry out regulated child-related activities. The commission provides free risk management workshops around the state. For more information call the commission on 3247 5518 or visit the website at www.ccypcg.qld.gov.au/about/risk_management.html. Who needs a blue card? Anyone who proposes to work, in a paid or voluntary capacity in a child-related area regulated by the Commission’s Act will require a blue card. Regulated employment activities include: Both paid employees and volunteers may need a blue card if they fall under one of the following categories: • residential facilities • school boarding houses • schools – employees other than teachers and parents • child care • churches, clubs and associations involving children • health, counselling and support services • private teaching, coaching or tutoring • education programs conducted outside of schools • child accommodation services, including home stays • religious representatives • sport and active recreation • emergency services cadet programs Page 9 • school crossing supervisors • care of children under the Child Protection Act 1999 • volunteers A volunteer, unless exempt, must have a blue card before they start volunteering in one of the above categories, regardless of how often they come into contact with children and young people. Paid employees Paid employees must apply for a blue card if they work, or are likely to work, in one of the above categories over 12 months, for at least: • eight consecutive days; or • once a week, each week, over four weeks; or • once a fortnight, each fortnight, over eight weeks; or • once a month, each month, over six months. Note: A paid employee can commence work pending the outcome of their blue card application. Trainee students A student, irrespective of their age, studying at a registered training organisation, university or TAFE, will require a blue card if they carry out work in one of the above categories as part of their study. Note: A trainee student must have a blue card before they start volunteering in one of the above categories, regardless of how often they come into contact with children and young people. Checking blue cards When a new employee or volunteer starts work in your organisation, you should; check the card holder’s name and signature on their blue card with other signature or photo identification to satisfy yourself of their identity, then lodge an ‘Authorisation to confirm a valid blue card’ form. This will allow the commission to validate the blue card produced and notify you of any change to their blue card status considered relevant to their child-related employment. Don’t forget to notify the commission when an applicant or blue card holder stops working for your organisation, or the contact person for your organisation changes. To do this, an authorised person from your organisation should write to the commission on official letterhead advising the name and contact details of the new contact person. How long is the check valid? The check is valid for 2 years unless there is a change in the person’s criminal history. Cost of the blue card The cost is $73.45 for paid and self employed people and is free for volunteers and students. Replacement cards are $11.15 Mandatory reporting Legislation which specifies who is required by law to report suspected cases of child abuse and neglect is known as mandatory reporting. The people mandated to report in the State of Queensland are: • Doctors; nurses - aware of or reasonably suspects a child has, is, or is likely to suffer harm. • Officers employed to implement the Act 1999; all staff of residential care services - reasonable suspicion of abuse or neglect to a child in residential care. Page 10 • Educational staff (teaching and non-teaching staff in government and non-government schools) - aware of or reasonably suspects sexual abuse of a child under 18 by an employee of the school. Reports should be made to: The Commission for Children and Young People PO Box 12671 George Street, Brisbane QLD 4003 Telephone: (07) 3247 5525 Fax: (07) 3247 5507 Email: [email protected] Website: www.ccypcg.qld.gov.au Sources: • Commission for Children and Young People and Child Guardian • http://www.ccypcg.qld.gov.au • Health Act 1937 s76k • The Criminal Code Act 1899 • The Commission for Children & Young People Act 2004 2. New South Wales A new Working with Children Check started in NSW early in 2013. Under the new check: • Workers and volunteers will apply for their own check once every five years. • Employers will verify a child-related worker’s or volunteer’s clearance number. • The same Working With Children Check will apply to everyone – paid workers, self-employed people and volunteers. • Everyone with a clearance will be continuously monitored for serious sex or violence offences. There can only be two results for a new Working with Children Check – a clearance or a bar. People with a bar may not work or volunteer in child-related roles. Find out more: http://kids.nsw.gov.au/kids/working/newcheck#ixzz2Ba4bml7N NSW Commission for Children and Young People Prohibited employment declaration The Children and Young Persons (Care and Protection) Act 1998 mandates the Department of Community Services with the responsibility for the care and protection of children and young people in NSW where there are concerns about their safety, welfare and wellbeing. Who is a prohibited person? All people working in, or seeking to work in, child-related employment must declare whether they are a prohibited person. This includes volunteers and students on placement. It is an offence for prohibited persons to apply for, undertake or remain in child-related employment. A prohibited person is a person convicted of committing a serious sex offence, or a ‘registrable person’. A ‘registrable person’ is someone who has been found guilty of the following offences: • murder of a child • child related personal violence offence • serious sexual offences • indecency offences (punishable by imprisonment of 12 months or more) • kidnapping • child prostitution • child pornography (possession, distribution or publication) • attempt, conspiracy or incitement to commit the above offences What is child related employment? Child-related employment is any work (paid or unpaid) of the following kinds that involve direct and unsupervised contact with children in the following areas: • pre-schools, kindergartens, child care centres (including residential child care centres) • refuges used by children • clubs, associations etc (including those of a cultural, recreational or sporting nature) which have a significant child membership • religious organisation • entertainment venues where the clientele is primarily children • taxi services for the transport of children • private tuition of children • child health services • counselling or other support services for children • overnight camps for children • babysitter or child minder arranged by a commercial agency • in schools or other educational institutions (not being universities) • on school buses • fostering or other child care • child protection services All people in, or commencing, child-related employment must be asked by their employer if they are a prohibited person. Employers should clearly state in all information for child-related positions that prohibited persons are not eligible to apply. As an employer, the working with children check requires that you: • don’t employ prohibited persons in child-related employment; • do working with children background checks; • report relevant employment proceedings; and • keep records and protect confidentiality. Background checks: Background checks are conducted by the NSW Commission for Children and Young People and other approved screening agencies. Background checks are only mandatory for: • preferred applicants for paid child-related employment • a minister, priest, rabbi, mufti, or other like religious leader or spiritual official of a religion • anyone seeking to provide foster care (‘authorised care’ to children) Three specific checks are made for: • relevant criminal records; • relevant Apprehended Violence Orders; and • relevant employment proceedings. Any relevant records arising out of the background check will be assessed in terms of risk of employing the person in a child-related position. An assessment report is then forwarded on to the employer. The decision whether to employ a person always remains the employers. Employers may conduct other criminal record checks as part of their employment screening process at their own discretion. Cost of the check: The new check will be free for volunteers and cost $80 for paid workers and self-employed people, it is valid for 5 years. A volunteer check cannot be used for paid work with children. Mandatory reporting A ‘mandatory reporter’ is any person who delivers health care, welfare, education, children’s services, residential services or law enforcement wholly or partly to children (aged under 16) as part of their paid work and includes any person who directly manages or supervises such work. If you are a mandatory reporter with current concerns that a child aged under 16 is at risk of harm, you are required to make a report to the Department of Community Services. This is a legal obligation, which carries a penalty if you fail to comply. Reports should be made to: Department of Community Services 4 – 6 Cavill Avenue Ashfield, NSW 2131 Phone Number 9716 2222 24 hours: 132 111 URL: www.community.nsw.gov.au Sources • NSW Commission for Children & Young People http://www.kids.nsw.gov. au/check/ • Child Protection (Prohibited Employment) Act 1998 • Commission for Children and Young People Act 1998 • Children (Care & Protection) Act 1987 • Children (Care & Protection) Regulations 1996 • Children & Young Persons (Care & Protection) Act 1998 s27 • Ombudsman Act 1974 http://www.kids.nsw.gov.au/kids/check/ employerguidelines.cfm 3. Australian Capital Territory The Working with Vulnerable People (Background Checking) Act 2011 (the Act) aims to reduce the risk of harm or neglect to vulnerable people in the ACT. The Act requires people who have contact with vulnerable people while engaging in regulated activities and services to register with the Office of Regulatory Services (ORS). A vulnerable person is a child, or an adult who is disadvantaged and accessing a regulated activity. Contact, for the purpose of the Working with Vulnerable People (Background Checking) Act 2011 (the Act) can be described as: • The type and duration of contact a person has with vulnerable people before they must be registered as engaging in a regulated activity. For example, a person would require registration if the contact occurs as part of their usual activity, such as a teacher and a student. • Not all persons having contact with a vulnerable person require registration. For example, people under the age of 16 years and people who undertake regulated activities in the ACT on no more than three days in any twenty-eight day period and up to a maximum of seven days in any twelve month period are an example of people who are not required to be registered to engage in a regulated activity under the Act. • Contact is that which would reasonably be expected as a normal part of Page 11 engaging in the activity. For example, physical (including working in the same place as the vulnerable person),oral and written communication (including electronic communication or dealing with a record relating to the vulnerable person either face-to-face or over the telephone), or, making a decision about the vulnerable person. 4. Victoria Working with children check Under the Working with Children Act 2005 only people who engage in paid or voluntary child-related work need a WWC Check. • The definition of ‘contact’ is necessarily broad to encompass the various situations in which people may have an opportunity to harm a vulnerable person either directly through the misuse of information or via a power imbalance. What is child related work? Child-related work is paid or unpaid work involving regular direct and unsupervised contact with a child when working with or caring for children in any of the occupational categories listed in the Act. Working means being engaged in an activity with a vulnerable person where the contact would reasonably be expected as a normal part of the activity and the contact is not incidental to the activity. Working includes volunteering or other unpaid work. You do not require a WWC Check if you: • are involved in a private or domestic arrangement that exists between family and friends and where no payment is involved; Cost of the Background Check: $71 for paid employees (including where the person also volunteers) Free for volunteers. Mandatory reporting: A person who is: a doctor; a dentist; a nurse; an enrolled nurse; a midwife; a teacher at a school; a person providing education to a child or young person who is registered, or provisionally registered, for home education under the Education Act 2004; a police officer; a person employed to counsel children or young people at a school; a person caring for a child at a child care centre; a person coordinating or monitoring home-based care for a family day care scheme proprietor; a public servant who, in the course of employment as a public servant, works with, or provides services personally to, children and young people or families; the public advocate; an official visitor; a person who, in the course of the person’s employment, has contact with or provides services to children, young people and their families and is prescribed by regulation. What should be notified? A belief, on reasonable grounds, that a child or young person has experienced or is experiencing sexual abuse or non-accidental physical injury; and the belief arises from information obtained by the person during the course of, or because of, the person’s work (whether paid or unpaid) Reports should be made to: Office for Children, Youth and Family Support - Department of Disability, Housing & Community Services Address: GPO Box 158 Canberra City, ACT 2601 Enquiries: 132281 Fax: (02) 620 59183 Email: [email protected] Sources • ACT Government – Office for Children, Youth and Family Support • participate in an activity with a child on the same basis as the child for example in the same team; • supervise a student in practical training organised by their educational institution. You need to apply for and pass the WWC Check if you meet all 1-4 criteria: 1. You are engaged in child-related work as: • an employee or • a self-employed person or an independent contractor or • a volunteer or • a supervisor of child employees or • part of practical training through an educational or vocational course or • unpaid community work under a court order or • a minister of religion or performing duties of a religious vocation or • an officer of a body corporate or • a member of a committee of management of an unincorporated body or • a member of a partnership. 2. Your contact with a child is with any of the occupational categories listed in the Act. Occupational categories are not titles of people’s jobs but broad descriptions of services or places where people work with or care for children. 3. Your work involves regular direct contact with a child, who is under 18 years of age. a) Regular contact is contact that is not incidental to but normally part of providing a service or activity for children. b) Direct contact with a child involves physical contact, talking face to face or within eyeshot when providing a service or activity for children. 4. Your work is not directly supervised. Direct supervision is: • immediate and personal supervision; • Working with Vulnerable People (Background Checking) Bill 2010 • undertaken by a person whose role is to supervise your work; • Australian Institute of Family Studies • does not require constant physical presence, for example a supervisor may leave the room for a short while to take a phone call. Who is exempt from the WWC Check? There are several situations listed in the Working with Children Act 2005 (the Act) where people engaged in child-related work are exempt and do not need a Working with Children (WWC) Check. Page 12 The exemptions in the Act are described below. Children If you are under 18 years of age, you are exempt from the WWC Check. This exemption does not apply under the Child Employment Act 2003 to people who are under 18 years of age supervising children in employment. Some student volunteers If you are a student who is 18 or 19 years of age, you are exempt from the WWC Check for volunteer work organised by or held at the educational institution you attend. Parents volunteering in an activity with their child If you are a parent volunteering in an activity in which your child participates or normally participates, you are exempt from needing a WWC Check. Family members and people who are closely related to the child If you are closely related to each child in your child-related work you are exempt from the WWC Check. ‘Closely related’ to a child means you are the: • parent • spouse or domestic partner • step-parent • mother-in-law or father-in-law • grandparent • uncle or aunt • brother or sister, including half siblings, step siblings, brother-in-law or sister-in-law Teachers If you are a teacher who is currently registered with the Victorian Institute of Teaching (VIT), you are exempt from the WWC Check. However, if your VIT registration is suspended or cancelled, you are no longer exempt. You must apply for the Check and within 7 days of your registration being suspended or cancelled notify in writing every organisation that engages you in child-related work that you are no longer exempt. Police officers If you are a sworn Victoria Police officer or a sworn Australian Federal Police officer, you are exempt from the WWC Check. However, if you are suspended or dismissed, you are no longer exempt. You must apply for the Check and within 7 days of being suspended or dismissed notify every organisation who engages you in child-related work that you are no longer exempt. Visiting workers If you usually live and work in another state or territory and are visiting Victoria to engage in child-related work, you are exempt from the WWC Check. Some accredited drivers If you engage in child-related work that requires a current driver accreditation under the Transport (Compliance and Miscellaneous) Act 1983, you are exempt from the WWC Check for that child-related work, with some exceptions. How long is the check valid? The WWC check is valid for five years and is transferable between different employers or volunteer organisations (except if moving from a volunteer to an employee position). Cost of the working for children check: The check is free for volunteers and $100.20 if you are applying for an Employee card. This fee is not refundable. Mandatory reporting: The following people are legally required to report reasonable suspicions of abuse: • Registered Medical Practitioners • Registered Nurses • Persons registered as teachers under the Education Training and Reform Act 2006 or teachers granted permission to teach under that Act, • Principles of government or non-government schools • Members of the Police Force Reports should be made to: Department of Human Services Children Youth and Families Child Protection & Family Services 9/50 Lonsdale Street, Melbourne, Vic. 3000 Phone: 1300 360 391 Phone Number: 131 278 - after hours emergency service URL: www.cyf.vic.gov.au Sources • Department of Justice • http://www.justice.vic.gov.au/ • www.careforkids.com.au • National Child Protection Clearinghouse http://www.aifs.gov.au/nch/ index.html • Children & Young Persons Act 1989 s64 • Children Services Act 1996 • Children Services Regulations 1998 s27 • Working with Children Act 2005 • Working with Children Regulations 2006 5. Tasmania Criminal record check The Commissioner for Children Tasmania released a consultation paper in 2005 discussing proposals to introduce policies and procedures for Tasmanian organisations to screen individuals who seek to work with children in a voluntary or paid capacity. However, at present there are no legal requirements for people working with children to undergo a police check. Criminal history record checks can be obtained through the Tasmanian Police Department. Mandatory reporting: The following people are legally required to report reasonable suspicions of abuse: • registered medical practitioners • registered and enrolled nurses • a person who is registered as a dentist, dental therapist or dental hygienist • registered psychologists • police officers • probation officers Page 13 • principals and teachers in any educational institution (including a kindergarten) • a person who provides child care, or a child care service, for fee or reward • a person concerned in the management of a licensed child care service • any other person who is employed or engaged as an employee for, of or in, or who is a volunteer in: • a Government Agency that provides health, welfare, education, child care or residential services wholly or partly for children, • an organisation that receives any funding from the Crown for the provision of such services, any other person of a class determined by the Minister by notice in the Gazette to be prescribed persons. Anyone working for Gateway Services, Integrated Family Support services or any non-government organisation providing support to families with children is a mandatory reporter. Reports should be made to: Department of Health and Human Services Children and Families Division Level 4, 34 Davey, Street Hobart Tas, 7000 Phone Number: 1300 737 639 1800 001 219 URL:www.dhhs.tas.gov.au Sources • Department of Health & Human Services – www.thelaw.tas.gov.au • Children, Young Persons and their Families Act 1997 • Mandatory Reporting – ‘Summary of Grounds & Contacts for Notification of Abuse’ Herbert Greer & Rundle (Lawyers), Choose with Care (Childwise), National Child Protection Clearinghouse http://www.aifs.gov. au/nch/index.html • www.childcomm.tas.gov.au • Disability, Child, Youth and Family Services 6. South Australia In South Australia, the requirement for organisations to establish and maintain child safe environments is set out in section 8C of the Children’s Protection Act 1993. Government and non-government organisations providing health, welfare, education, sporting or recreational, religious or spiritual, childcare or residential services wholly or partly for children are required to establish and maintain child safe environments policies and procedures. Criminal record checks Changes to the Children’s Protection Act 1993 extend the steps these organisations must take to help protect the children in their care. From January 2011, these organisations will also be required to: • Conduct criminal history assessments on certain employees, contractors and volunteers who are working with children (this requirement is being phased-in over three years, concluding Dec.2013); and • Lodge a Child Safe Environment Compliance Statement with the Department for Families and Communities. Those people in SA working jobs that require regular contact with children are required to obtain police clearance before they commence their employment. Organisations will need to check when their sector is being phased-in and ensure criminal history assessments are conducted for all new and existing staff Page 14 and volunteers who are working with children by the conclusion of their phase-in date. Who has responsibility to apply for a criminal history assessment? If an individual is asked to undertake a criminal history assessment, it is their responsibility to apply for a National Police Certificate. The National Police Certificate belongs to the individual and not the organisation requesting it. The individual is responsible for presenting it to be sighted by the requesting organisation. How much does it cost? National Police Certificate • Individual: $51.50 • Individual concession: $37.25 • Volunteer: $33.25 • Volunteer Organisation Authorisation Number (VOAN) approved: No charge When an organisation is a member or affiliated club or association of a larger organisation, a VOAN will be provided to the central body only. If the VOAN applies, the application is free and must be lodged through the State body. Mandatory Reporting: Under the Children’s Protection Act 1993, the following persons are required to notify the Department of Human Services (Family and Youth Services) when they suspect on reasonable grounds that a child is being abused or neglected: • a medical practitioner; nurse; dentist; pharmacist; psychologist; police; probation officer; social worker; teacher; family day care provider; and • any other person who is an employee of, or a volunteer in, a Government department, agency or local or non-Government agency that provides health, welfare, education, childcare or residential services wholly or partly for children any person who is engaged in the delivery of services • or holds a management position that includes direct responsibility for, or direct supervision of, the provision of service to children. Reports should be made to: Department of Human Services Family & Youth Services PO Box 39 Rundle Mall PO Adelaide SA 5000 Phone Number: 131 478 URL: www.cyh.com.au Child Abuse Report Line (24 hours every day) 131478. http://www.childabuseprevention.com.au/reportabuse/sa.htm Sources • Mandatory Reporting – ‘Summary of Grounds & Contacts for Notification of Abuse’ Herbert Greer & Rundle (Lawyers), Choose with Care (Childwise), • Protection Clearinghouse http://www.aifs.gov.au/nch/index.html • Australian Institute of Family Studies • Children’s Protection Act 1993 s11 www.parliament.sa.gov.au (2004) http://www.jcs.act.gov.au/eLibrary/lrc/r07/Report7c1.html 7. Western Australia arrangement entered into for private or domestic purposes; Working with children check: A working with children check is a national criminal record check that is compulsory for people who carry out child-related work in Western Australia. • an overnight camp, regardless of the type of accommodation or how many children are involved; Working with children checks are very different from a National Police Check conducted by the WA Police, which many employers may currently require of their employees or volunteers. • a school crossing service, being a service provided to assist children to cross roads on their way to or from school; or The working with children check considers convictions for all offences, and charges for a limited range of serious offences, to see if an applicant has a criminal history that may place children at risk of harm. However, it is important to understand that a criminal history in itself will not necessarily prevent a person from working with children. When assessing an applicant’s criminal history, the circumstances of any convictions or certain charges, and their relevance to working with children, will be considered. Any person undertaking child-related work in WA must have a working with children check by the date required under the phasing-in arrangements. Who needs a working with children check? People employed in child-related employment including: paid employees; volunteers; unpaid people such as students doing practical training and people who carry on a child-related business e.g. self employed. ‘Child-related work’, is defined under Section 6 of the Working with Children (Criminal Record Checking) Act 2004. ‘Work’ is child-related work if the usual duties of the work involve, or are likely to involve, contact with a child in connection with: • a child care service; (means a child care service as defined in the Child Care Services Act 2007 s4 or an education and care service as defined in the Education and Care Services National Law (Western Australia) s5(1)); • a community kindergarten registered under Part 5 of the School Education Act 1999; • an educational institution for children; • a coaching or private tuition service of any kind, but not including an informal arrangement entered into for private or domestic purposes; • an arrangement for the accommodation or care of children, whether in a residential facility or private residence, but not including an informal arrangement made by a parent of the child concerned or accommodation or care provided by a relative of the child; • a placement arrangement or secure care arrangement under the Children and Community Services Act 2004; • the performance by an officer, as defined in the Children and Community Services Act 2004, of a function given to the officer under that Act; • a detention centre, as defined in the Young Offenders Act 1994 section 3; • a community child health service; • a counselling or other support service; • a religious organisation; • a club, association or movement (including of a cultural, recreational or sporting nature and whether incorporated or not) with a significant membership or involvement of children, but not including an informal arrangement entered into for private or domestic purposes; • a ward of a public or private hospital in which children are ordinarily patients; • a baby sitting or child minding service, but not including an informal • a transport service specifically for children; • a children’s entertainment or party service. Who is exempt? • volunteers and students on unpaid placements under 18 years of age; • volunteer parents whose child participates in the activity (except for overnight camps); • employers of children and people who work alongside children as fellow employees, unless otherwise doing child-related work; • short term visitors to WA, for 2 weeks after their arrival, and for no more than 2 weeks in a 12 month period are exempt from the checks. What are the application outcomes? Applicants may be issued with either: • An assessment notice in the form of a working with children card that will include a photograph, signature and assessment number. The card is valid for 3 years, subject to changes in a person’s criminal history. During this time, the person issued with the notice may present their card to any employer as proof of a working with children check. • A negative notice or an interim negative notice which prohibits a person from ‘child related work’. Strict penalties apply to people who do not comply - a fine of up to $60,000 and up to 5 years imprisonment. How long is the check valid? The card will be valid for three years and is transferable across different types of child-related work, whether volunteer or paid work. Cost of the check The cost of a working with children check is heavily subsidised for all applicants and is: • $53.00 for paid workers and self-employed people; and • $10.30 for volunteers and other unpaid people, such as students on placement as part of their studies. These fees may be paid either by the workplace or the employee or volunteer. Mandatory reporting: In Western Australia the legislation covering mandatory reporting of child sexual abuse is the Children and Community Services Amendment (Reporting Sexual Abuse of Children) Act 2008. Mandatory reporting of child sexual abuse commenced on 1 January 2009. The legislation that governs mandatory reporting of child sexual abuse became part of the Children and Community Services Act 2004. It is a legal requirement in Western Australia for doctors, nurses, midwives, teachers and police officers to report all reasonable beliefs of child sexual abuse to the Department for Child Protection. This legislation focuses on child sexual abuse. Other forms of abuse (physical, emotional and neglect) should continue to be reported, but there is no penalty if the report doesn’t occur. The legislation requires mandatory reporters to report suspected child sexual abuse if they form this belief, based on reasonable grounds, in the course of their paid or unpaid work. Page 15 Failure to make a report can result in a fine of up to $6,000. A person can be prosecuted within three (3) years after failing to make a report. After that, it is at the Attorney General’s discretion. Failure to make a written report can result in a fine of up to $3,000. Reports should be made to: Verbal reports must be made to the Department for Child Protection’s Mandatory Reporting Service on 1800 708 704 or online at www. mandatoryreporting.dcp.wa.gov.au. Written reports should be faxed to 1800 610 614 or posted to: PO Box 8146 PERTH BC WA 6849 A verbal report can be made, but this must be followed by a written report as soon as is practicable, preferably within 24 hours. Sources • Dept. of Community Development http://www.checkwwc.wa.gov.au/ default.htm • Gov. of W.A – Department for Child Protection: http://www. mandatoryreporting.dcp.wa.gov.au/Pages/Home.aspx • The Criminal Code Act 1899 • The Commission for Children & Young People Act 2004 • Protection Clearinghouse http://www.aifs.gov.au/nch/index.html 8. Northern Territory Criminal record checks It is mandatory for people in the Northern Territory who have contact or potential contact with children in certain specified areas of employment to hold a Working with Children Clearance Notice. Under the Northern Territory’s Care and Protection of Children Act, a person is in child-related work and requires a Working with Children Clearance (Ochre Card) only if the usual duties of the work involve, or are likely to involve, contact with a child aged under 18 years in connection with: • Child protection services provided by or for the Office of Children and Families. • Children’s services, including child care provided through child care centres, family day care, after school hours care and at special events. • Educational facilities for children, including government and nongovernment schools and extra-curricular activities. This includes positions such as administrative staff, school caretakers and school gardeners. • Babysitting or child-minding services. • Fostering of children. • Students on placement in work as part of their studies e.g. student teachers and child care workers. • Transportation services for children e.g. school bus services. • Private tuition services for children e.g. individual or group dance, music or education tuition and coaching services. • Counselling or other support services for children. • Overnight camps for children. • Road crossing services for school children. • Sports coaching or sports lessons for children. • Accommodation services for children in private residential premises. • Any of the following services, activities or facilities that are provided or arranged for children: • gym or play facilities • photographic services • talent or beauty competitions • entertainment or party services. Other services requiring a Working with Children Clearance: Members of boards, management committees and partners in businesses that perform work with children also need a Clearance e.g. members of school councils or basketball associations. Cost of the Clearance check: The cost of a Working with Children Clearance (including the Ochre Card) is $52.00 for employees and $5.00 for volunteers, and is valid for two years from the date of issue. If a person wishes to continue to work or volunteer with children after this time they will need to apply again. Mandatory reporting: The following people are legally required to report reasonable suspicions of abuse - Registered Health Professionals and any other person with reasonable grounds. What should be notified? A reasonable suspicion that a child or young person has suffered or is suffering abuse or non-accidental physical injury arising during the course of the person’s work. • Refuges or other residential facilities used by children e.g. safe houses, women’s shelters and youth residential programs. Reports should be made to: Department of Health and Community Services PO Box 40596 Casuarina NT 0811 Phone Number: 1800 700 250 URL: www.families.nt.gov.au • Hospital wards or any other facilities for health or emergency services in which children are ordinarily patients e.g. child and maternal health clinics, ambulance services, paediatric wards and home visiting programs. Sources • Mandatory Reporting – ‘Summary of Grounds & Contacts for Notification of Abuse’ Herbert Greer & Rundle (Lawyers), • Juvenile detention centres. • Clubs, associations or movements with significant child membership or involvement, including groups that are of cultural, recreational or sporting nature e.g. cadets, Scouts, sporting clubs, junior rangers, youth groups, child-focused ethnic or cultural groups. Activities include coaching, billeting and home-hosting. • Religious organisations and vocations. Page 16 • Choose with Care (Childwise), • Community Welfare Act 1983 • National Child Protection Clearinghouse http://www.aifs.gov.au/nch/ index.html Client Protection Assistance APPENDIX 2 - Suggested Application Form Working With Children, Elderly & Vulnerable Persons Application Form Please note information provided in this document may be held for a long period of time as part of our client protection / risk management program. Position Applied for Personal Details Full Name Residential Address Home Phone Mobile Phone Work Phone Email Please list all organisations or institutions that you have either worked at or volunteered for regularly in the last 5 years Date (Approx.) Organisation Please list any qualifications you have that relate to working with Children, Aged or Vulnerable people Date (Approx.) Qualification Institution Please provide any experience you have had that relates to working with Children, Aged or Vulnerable people Date (Approx.) Page 18 Experience Institution References Please provide details of four people we can contact, who can comment on your suitability for this position – if you do not have four referees, please explain why and provide as many as you can: First Referee Full Name Residential Address Home Phone Mobile Phone Email Work Phone Position & Organisation Second Referee Full Name Residential Address Home Phone Mobile Phone Email Work Phone Position & Organisation Third Referee Full Name Residential Address Home Phone Email Mobile Phone Work Phone Position & Organisation Page 19 Fourth Referee Full Name Residential Address Home Phone Email Mobile Phone Work Phone Position & Organisation Declarations Have You: Read and understood (*Organisation’s Name) Client Protection Policy? Yes No Ever been in serious breach of any Client Protection Policy &/or Code of Conduct? Yes No Had someone express concerns about your behavior towards a child, elderly or vulnerable person? Yes No Ever been convicted of a criminal offence or been the subject of an investigation relating to the abuse of, or inappropriate sexual behavior with, a child, elderly, or vulnerable person? Yes No I confirm that the information provided on this application form is true and correct. I consent to a National Police Record check and the release to (*Organisation’s Name) of any matters deemed to be relevant which are recorded against my name. Signed: ....................................................................................................................................... Date: .................................................... Name:....................................................................................................................................... Position: ....................................................................................................................................... Page 20 Client Protection Assistance APPENDIX 3 - Suggested Interview Questions Working with Children, the elderly or vulnerable people Interview questions The questions asked in this interview may make you feel uncomfortable but they are a necessary part of our child safety policy and must be answered. The answers you provide will be kept confidential where possible but may be divulged to other Leaders within the Organisation. Please note that information provided may be held for a long period of time as part of our Client Protection Risk Management Program. 1. Why have you applied for this position and why do you feel you are suitable for the role? 2. Please describe any positive experiences you have had with children, the elderly or vulnerable people. 3. Please describe any negative experiences you have had with children, the elderly or vulnerable people. Page 22 4. Have you ever been in a situation where you have disciplined a child, an aged or vulnerable person? If so, how did you handle this situation? 5. Have you ever been investigated or accused of violent or sexually related offences? If so, what were the circumstances? 6. Is there any other information relating to your suitability for this position that we should be aware of? Page 23 1300 650 540 ansvar.com.au All correspondence: GPO Box 1655 Melbourne VIC 3001 Registered Office AD Ansvar House Level 12, 432 St Kilda Road Melbourne VIC 3004 PH +61 3 8630 3100 FX +61 3 9804 5001 [email protected] Victoria AD Ansvar House South Australia Level 12, 432 St Kilda Road AD 202 Glen Osmond Rd Melbourne VIC 3004 Fullarton 5063 PH +61 3 8630 3100 PH +61 8 8130 6700 FX +61 3 9804 5001 FX +61 8 8338 1920 [email protected] [email protected] New South Wales Western Australia AD Level 20, 44 Market St AD Unit 9-10, 162 Colin St Sydney 2000 West Perth 6005 PH +61 2 9324 8500 PH +61 8 9212 4500 FX +61 2 9324 8599 FX +61 8 9324 2013 [email protected] [email protected] Queensland Tasmania AD Level 4, 43 Peel St AD PO Box 330 South Brisbane 4101 Launceston 7250 PH +61 7 3011 8900 PH +61 3 8630 3100 FX +61 7 3011 8999 FX +61 3 9804 5001 [email protected] [email protected] Ansvar Insurance Ltd. ABN 21 007 216 506 AFSL 237826 Member of the Ecclesiastical Insurance Group plc. 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