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Identify and respond to children and young people at risk - NSW ...

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one of these offences <strong>to</strong> be in child-rel<strong>at</strong>ed employment as a paid employee or<br />

volunteer.<br />

Mr. B has committed a serious sex offence <strong>and</strong> so it is illegal for him <strong>to</strong><br />

undertake a student placement <strong>at</strong> a youth refuge. The youth refuge<br />

management cannot allow him <strong>to</strong> be in child-rel<strong>at</strong>ed employment if they are<br />

aware of his conviction.<br />

Legisl<strong>at</strong>ion <strong>to</strong> be proclaimed in 2010 requires th<strong>at</strong> students undertake a working<br />

with <strong>children</strong> check th<strong>at</strong> includes a relevant criminal record check. This means<br />

th<strong>at</strong> Mr. B’s offences would be identified <strong>and</strong> he would not be able <strong>to</strong> undertake<br />

a placement.<br />

Facilita<strong>to</strong>r’s notes:<br />

If participants ask for detailed questions about the applic<strong>at</strong>ion of the<br />

Prohibited Employment declar<strong>at</strong>ion, such as grounds for exemptions or<br />

details about the Child Protection (Offenders Registr<strong>at</strong>ion) Act, refer<br />

them <strong>to</strong> the Children <strong>and</strong> Young Persons (Care <strong>and</strong> Protection) website:<br />

www.kids.nsw.gov.au as this is beyond the scope of the training. The<br />

Prohibited Employment declar<strong>at</strong>ion advises th<strong>at</strong> legal advice be sought<br />

in rel<strong>at</strong>ion <strong>to</strong> questions about Prohibited Employment.<br />

4.3 Background checks <strong>and</strong> relevant employment proceedings<br />

1. Show PowerPoint 4.4: Can Ms C get another job working with<br />

<strong>children</strong>?<br />

Ask ‘Can Ms C get a job <strong>at</strong> a different centre?’<br />

‘If not, wh<strong>at</strong> would prevent her?’<br />

Use PowerPoint 4.5: Child protection <strong>and</strong> employment <strong>to</strong> ensure relevant<br />

points are covered.<br />

A childcare centre is a design<strong>at</strong>ed organis<strong>at</strong>ion which would have been<br />

responsible for reporting alleg<strong>at</strong>ions of reportable conduct <strong>to</strong> the Ombudsman,<br />

investig<strong>at</strong>ing alleg<strong>at</strong>ions against Ms C <strong>and</strong> making findings.<br />

Reportable conduct is based on a different definition <strong>to</strong> reports of <strong>risk</strong> of<br />

significant harm <strong>and</strong> rel<strong>at</strong>es <strong>to</strong>:<br />

- Sexual offence/misconduct against or in the presence of a child;<br />

- Assault, ill tre<strong>at</strong>ment or neglect of a child;<br />

- Behaviour th<strong>at</strong> causes psychological harm whether or not, in any<br />

case, with the consent of the child.<br />

Acts of violence should also be reported, as should rel<strong>at</strong>ed convictions.<br />

Ms C’s actions <strong>and</strong> her resulting dismissal would be relevant employment<br />

proceedings <strong>and</strong> would be advised <strong>to</strong> the Commission for Children <strong>and</strong> Young<br />

People.<br />

When Ms C applies for any position th<strong>at</strong> requires background checking under<br />

the Commission for Children <strong>and</strong> Young People Act (Working with Children<br />

Keep Them Safe CHCCHILD401A – Facilita<strong>to</strong>r’s Manual<br />

© The <strong>NSW</strong> Technical <strong>and</strong> Further Educ<strong>at</strong>ion Commission<br />

(TAFE <strong>NSW</strong> – Industry Skills Unit, Meadowbank, 2010)<br />

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