Working with Children Checks in Department of Education Sites Procedures

Guidance

The ‘five day threshold’ is in place to allow flexibility for people who are not usually engaged in, and who are required to undertake, child-related employment in unforeseen circumstances where their role changes to include child-related work.  It does not relate to five working days but rather five occasions, regardless of the length of the occasion.  It is cumulative across all positions of child-related work a person may hold, and is therefore not restricted to duties performed in connection with the Department.

Under the Working with Children (Screening) Act 2004  people who are engaged in child-related employment for a period of no more than five days in a calendar year have a defence to a prosecution, they do not have an exemption.

If a site manager or individual is unsure whether a person may be working in child-related work for more than five days in a calendar year, it is recommended the person apply for a WWC Check.

Guidance

The Department of Communities WWC Screening Unit no longer sends hardcopy reminder letters to individuals whose WWC Checks are due to expire, however a reminder email is sent if the individual has registered for the WWC Check online services. 

Site managers, or their nominees, should regularly monitor the Department’s WWC Recording System and give reasonable warning to employees and non-employees when their WWC Check details are expiring.  The WWC Recording System generates reminder emails to individuals when WWC Check details are expiring, however the recorded email address may not be regularly reviewed or current.

Some relief staff may not be able to apply for or renew their WWC Check until they have been offered a position.  For more information refer to A.2 of Appendix A. Education Employees requiring WWC Checks.

Process for employees failure to reapply

If an employee fails to reapply for their WWC Check before it expires, site managers should verbally direct the employee to attend an authorised Australia Post outlet to immediately reapply for their WWC Check.  The person may recommence child-related employment after they provide the site manager with their new application receipt within 24 hours of being directed to a Post Office.

If the employee refuses to immediately reapply for their WWC Check, site managers should issue a written directive, direct the employee off site, intiate action to place the employee on cease pay, and contact the Employee Relations Directorate regarding the employee’s contract.

An employee’s failure to hold a valid WWC Check may affect the tenure of their employment.  In this instance, Standards and Integrity Directorate and the Employee Relations Directorate will undertake the relevant process.  In some cases, the Director, Standards and Integrity Directorate may elect to investigate the circumstances through a disciplinary process.

Process for non-employees failure to apply

A non-employee who fails to apply for or renew their WWC Check should be immediately removed from child-related employment and directed away from the site.  Non-employees may recommence child-related employment provided they produce evidence that they have made an application for or hold a valid WWC Check.

Guidance

A relevant change to a criminal record under this policy is when a person is charged with or convicted of a Class 1 or Class 2 offence listed in the Act.

Under section 29(1) of the Act, employees must advise their employer if they have had a relevant change to their criminal history.  

Additional obligations exist for employees to report any change to their criminal history under the Criminal History Screening for Department of Education Sites policy. 

Upon receipt of a section 16 notification, the Department of Communities WWC Screening Unit undertake a reassessment of the individual’s criminal record.  This reassessment may result in a change to the person’s WWC Check status.

The Director, Standards and Integrity may also elect to investigate the circumstances through a disciplinary process.

Guidance

If a Negative Notice or Interim Negative Notice is issued under the Act, it immediately prohibits a person from being employed in child-related employment and/or undertaking child-related work. 

Under section 22(3) of the Act it is an offence to employ someone with a Negative Notice or Interim Negative Notice in child-related employment and can constitute a $60,000 fine and five years imprisonment for the employer.  The Department of Education will terminate the employment of an employee issued with a Negative Notice or an Interim Negative Notice.

The Director, Standards and Integrity Directorate may elect to commence a disciplinary process and undertake an investigation into the circumstances leading to the Negative Notice or Interim Negative Notice.

The Department of Education has no authority to dispute WWC Check outcomes.  An individual may apply to the State Administrative Tribunal for a review of the decision, pursuant to section 26 of the Act.

An employee who has had their contract of employment terminated due to the issuing of a Negative Notice or Interim Negative Notice, and who is subsequently reissued with a WWC Check, will not automatically be re-employed by the Department of Education. 

If an individual is subsequently reissued with a WWC Check by the Department of Communities’ WWC Screening Unit, they may be considered for re-employment only when the following pre-conditions are met:

• They have their WWC Check.
• Any relevant registration requirements are reinstated, including for teachers, registration with the Teacher Registration Board of Western Australia pursuant to the Teacher Registration Act 2012.
• All outstanding disciplinary or criminal matters have been finalised.
• They are cleared by the Department’s Employee Suitability and Assessment Committee.

When these pre-conditions have been met the Department can re-employ the individual on a similar basis to that which they were employed prior to their employment being terminated.  The Department can reinstate their employment and find a placement for them in a position similar to their prior employment, but not in their previous position or at their previous work location.  The employee is not eligible to be paid for the period of time where the employee was not employed by the Department.

Parents issued with an Interim Negative or Negative Notice

Although parents volunteering at their child’s school are exempt from applying for a WWC Check, there are some situations where they may be required to apply for a WWC Check.  Examples include volunteering on an overnight camp, undertaking one on one mentoring with a student, coaching a sports team or applying for paid work at the school. 

In the event a parent is issued with an Interim Negative or Negative Notice, they are prohibited from engaging in child-related work (which includes all forms of volunteer or paid work).  Parent volunteers must complete the Parent and Child Volunteer Form prior to commencing volunteer work. If a parent has declared they have been issued with an Interim Negative Notice or Negative Notice, Principals will need to discuss the matter with the parent and advise them that they cannot volunteer at the school.

More information on Principal’s authority and responsibilities regarding visitors attending school sites can be found in the Visitors and Intruders on Public School Premises policy.

Guidance

It is recommended the following statement be used in contracts with external providers engaged by the Department:

“This contract and the continued provision of services by <insert name of company> is subject to <insert name of company> being aware of its obligations under the Working with Children (Screening) Act 2004 and complying if required to do so.  For further information regarding the Working with Children Checks visit www.workingwithchildren.wa.gov.au or telephone 1800 883 979.  <insert name of company> will advise the Department of Education of any relevant changes or criminal charges against any of their staff or volunteers.”

Guidance

WWC Check information for external providers working with children during school hours should be recorded on the WWC Recording System to verify WWC Check card validity.

Guidance

It is recommended the following statement be included in funding agreements at the Department:

“This funding and the continued provision of funds to <insert name of company> is subject to <insert name of company> being aware of its obligations under the Working with Children (Screening) Act 2004 and complying if required to do so.  For further information regarding the Working with Children Checks visit www.workingwithchildren.wa.gov.au or telephone 1800 883 979.”