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Employment screening

Employment screening

As per Flinders University’s Recruitment Procedures employees may be required to obtain child-related employment screening and/or a National Police Clearance (NPC) as part of pre-employment conditions.

 

Types of Employment Screening

 

Child-related employment screening

The Act defines a prescribed position as a position in which it is reasonably foreseeable that a person will work with children during the ordinary course of their duties (where a child means a person under the age of 18).

The Child Safety (Prohibited Persons) Regulations 2019 extends the definition of a prescribed position to include “a position in which a person is employed to provide preschool, primary or secondary education to a child (whether or not the person is a registered teacher)”.  This does not include tertiary education and the Act further specifies that the definition of “education services” does not include tertiary education.

Although tertiary education is excluded from the requirements of WWCC, we still provide education services in some areas.  The following flow chart should be used to assess if a position is prescribed:

wwc-employment-screening.png

All positions assessed as prescribed must have a current child-related employment clearance – Working with Children Check or Ochre Card. 

The Child Safety (Prohibited Persons) Act 2016 [CAA1] (“the Act”) requires the University to screen staff who occupy prescribed positions. At the time of creating a new position, or identifying the need to fill an existing position, the recruiting manager must identify, with the support of local People and Culture, whether the position is a prescribed position as defined under the Act. If a position is prescribed, the candidate will be required to obtain a Working with Children Check prior to the commencement of the role with Flinders.

A South Australian WWCC is valid for 5 years.

Current staff: All renewals for continuing, fixed term and casual staff who hold positions deemed prescribed will be paid for by People and Culture.  

Prospective staff: All new staff (including casuals), who are being offered a position deemed prescribed will be paid by People and Culture.

Evidence of a current Teacher’s Registration will also meet the clearance requirement for the Working with Children Check.

For more information, visit https://www.sa.gov.au/topics/rights-and-law/rights-and-responsibilities/screening-checks/screening-wwcc

 

The Care and Protection of Children Act 2007 (NT) requires the screening of employees and volunteers in child-related employment and broadly identifies occupations and activities for which an Ochre Card is required. An Ochre Card is photo ID proof that individuals have passed the WWCC screening process.

The Ochre Card is valid for 2 years.

More information

Current staff: All renewals for continuing, fixed term and casual staff who hold positions deemed prescribed will be paid for by the employee who will then apply for reimbursement.  

Prospective staff: All new staff (including casuals), who are being offered a position deemed prescribed will be paid by the candidate who, once engaged, will apply for reimbursement.

National Police Clearance (NPC)

An NPC is required for all new fixed-term and continuing staff working for the University. This also applies to existing staff who obtain a new contract with the University.  This is a conditional requirement from some of our key Industry Partners to be able to continue to work with us. An NPC must have been issued in the last 3 years with at least 6 months validity remaining on the NPC, otherwise a new NPC will be required.
 

Casual positions may be required to provide an NPC dependent on the type of casual position. This would be determined on a case-by-case basis.

Payment info: New and existing staff are responsible for the cost of the clearance. All renewals will be the responsibility of the employee to pay. The recruitment team will guide you through the process of getting all your screening documents.

Exemptions: Evidence of a current Teacher’s Registration will also meet the clearance Requirement for an NPC.

Policy and Legislation

Supervisor responsibilities

Child Abuse Report Line: 131 478

Supervisor responsibilities

The University has a responsibility to ensure that it promotes a child safe environment for students who may be under the age of 18 when studying at the University.

This is set out in the Children’s Protection Act 1993, the Children and Young People (Safety) Act 2017, the Child Protection Regulations 2010 and the Flinders University Child Safe Environment Policy to create child safe environments.

As a supervisor, you are responsible for ensuring that:

  • you are aware of your obligations as a mandated notifier;
  • any staff member (including casual staff), volunteer, status holder or visiting scholar’s role is assessed against the criteria for prescribed positions to determine if the position is prescribed and a child-related employment screening is required, including when a role changes;
  • all staff under your supervision without a child-related employment clearance are aware that they should avoid one-to-one contact with students or be directly supervised when dealing with students on an individual basis;
  • If a staff member is in a prescribed position and they do not yet have a child-related employment screening clearance that the following steps are undertaken to reduce the risk to the University:
    • The classes the staff member is teaching in or the duties the staff member is carrying out are assessed to identify any students under the age of 18.
    • If there are students that are under the age of 18, provision is in place to ensure the staff member is aware they should not have any one-to-one contact with the students or that they are directly supervised during the one-to-one contact if this is required (until their clearance is received).
    • If the staff member is casual they are explicitly made aware that their engagement is dependent on the University receiving a child-related employment screening which is satisfactory to the University.

View the Flinders University Child-safe environment legal and policy framework.

Frequently Asked Questions (FAQs)

Under no circumstances can an employee commence without a WWCC or OCHRE Card if the position has been deemed prescribed.

An employee may start without an NPC subject to an application being submitted and a statutory declaration completed. Please speak with your local People and Culture Team in relation to this.

It is a criminal offence to work (including as a contractor) or volunteer in a prescribed position without a valid WWCC.

Fines exist for both individuals ($50,000 in SA and $78,500 in the NT) and the University ($120 000 in SA and $78,500 in the NT).  

Each state or territory is different and has its own procedures around WWCC. If an employee of Flinders is approved to work interstate, they will need to adhere to the clearance obligations for that state if in a prescribed position. For further information refer here.

The University (College/Portfolio) will not cover the cost of WWCC if it is included in staff registration requirements (e.g. Teachers registration).  This covers both professional and academic staff. 

In accordance with the Consulting Fund Policy and Procedures, staff cannot use consultancy funds to pay for their own (or their staff’s) WWCC or professional registration. 

At the time a position is vacated, the hiring manager needs to reconsider if the position is prescribed or not. If there is a change, this should be notified to People and Culture so that the Position Description and Workday can be updated.

If the requirements of a position change whilst an incumbent is still in a position, please speak with People and Culture. 

The screening processes are managed by agencies outside of the University and therefore we have no control over how long a clearance may take to be processed.

Outcomes can take in general between 3 – 6 weeks. Sometimes this can be shorter or longer dependent on whether there is a lot of background information to assess or the information is complex.

It is the responsibility of the hiring manager to be aware of the employment screening requirements for a role and ensure a prospective candidate undertakes the required process to obtain an NPC, WWCC or OCHRE Card as soon as possible to avoid delays in the onboarding process.

The screening requirements for a position are clearly outlined in the position description.

Mandated notifiers (as defined in section 30 of the Children and Young People (Safety) Act 2017) are required to notify the Department for Child Protection (via the Child Abuse Report Line) if they suspect on reasonable grounds that a child is, or may be, at risk and the suspicion is formed in the course of the person’s work (whether paid or voluntary) or of carrying out official duties.  

Staff members who have resided in Australia for less than 12 months may be required to provide the international equivalent of an NPC.

Where the position is prescribed, international candidates who have resided outside of Australia may also be required to complete a Statutory Declaration in a form approved by the University for a defined period of time after which time, they will be required to obtain the relevant WWCC.

A disclosable outcome refers to police information that can be released. Disclosable outcomes may include information relating to court convictions (including penalties and sentences), charges, findings of guilt with no conviction and traffic offences.

Where a disclosable outcome is notified to the University this is to be considered by the Director P&C (or delegate) for assessment. 

If it involves working with children (under 18 years) for more than seven days in a calendar year, they will need a Working with Children Check.

A day of work is any shift, no matter how long, that starts on a calendar day. For example, a shift from 3.00 pm to 6.00 pm is one day of work.

No this can not be accepted for paid employment.

Policy and Legislations

Need further information?

Please contact your relevant college / portfolio business partner.    

Business partners

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Last Updated: 24 Feb 2023

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