Family Day Care Information Sheet Safety Screening Clearances and Compliance

Family Day Care Information Sheet
Safety Screening Clearances and Compliance
9 July 2012
Safety Screening Clearances
The Education and Care Services National Regulations
(r344) require that the approved provider of an
education and care service in Tasmania must not
engage a person as a staff member unless the
Department of Education, Tasmania, has confirmed
that the staff member holds a current safety
screening clearance.
(see also the information sheet “Safety Screening
Clearances and Criminal History Record Check”)
Who requires a safety screening clearance
under the Education and Care Services
National Regulations?
Regulation 344 requires the approved provider to
ensure that all staff members of an education
and care service in Tasmania hold a current safety
screening clearance.
Staff member means:
people who are employed, engaged or appointed
as part of an education and care service, including:
educators; and
people who work within family day
care coordination units
In addition Nominated Supervisors, who are
also employed, engaged or appointed as an
educator, must hold a current safety
screening clearance. If the nominated
supervisor does not perform the role of
educator then they are not required to hold a
current safety screening clearance.
All people aged 18 years and over, who attend the
education and care service as a volunteer or as a
student on a practicum placement must hold a
current safety screening clearance.
There is a penalty of $2000 that may be payable for
contraventions of these requirements.
How do Family Day Care services ensure that
we meet the requirements for safety
screening clearances in Tasmania?
Staff members at the coordination unit:
The approved provider should contact the either
the Education and Care Unit on 1300 135 513 or
Conduct and Investigations on 6233 7896, within
the Tasmanian Department of Education, to confirm
the status of safety screening clearances for all staff
members prior to employing, appointing or engaging
them in this role.
The previous Tasmanian Child Care Licensing
Standards for Centre Based Care allowed for the
employment of a person in exceptional/ urgent
circumstances prior to their safety screening
clearance being received. In this circumstance, the
individual was required to work under supervision
and not be left alone with children. It was also
recommended that the person not be employed on
a permanent basis.
Under the Education and Care Services National
Regulation 344 it is necessary to confirm the
individual holds a current safety screening clearance,
prior to employing, appointing or engaging that
individual. However, if it is not possible for the
individual to have obtained a safety screening
clearance prior to this point it is expected that the
following course of action be followed:
1. The approved provider is to notify the
Department of Education
Education and Care Unit

Information Sheet
Education and Care Unit (the Unit), as the
Tasmanian Regulatory Authority, of the individual
circumstance. (See Education and Care Services
National Regulation 175 (2) (c)).
2. The Unit will record the notification. This record
forms part of the compliance history of the
service and may assist in determining when
compliance action is required. The compliance
history may also be considered as part of the
assessment and rating process.
3. The individual is to be supervised at all times and
not left alone with any of the children attending
the education and care service.
NOTE: The approved provider may be requested by
the Unit, to show evidence confirming all staff members
hold a current safety screening clearance, as per
regulation 344, at any time determined necessary by the
Regulatory Authority.
For Family Day Care Educators:
The approved provider should contact the either the
Education and Care Unit on 1300 135 513 or Conduct
and Investigations on 6233 7896, within the Tasmanian
Department of Education, to confirm the status of
safety screening clearances for all educators prior to
employing, appointing or engaging them in this role.
Safety screening clearances that were issued on or before
31 December 2011 are still a valid document. From 1
January 2012, however, the fitness and proper status of
these people is determined by an assessment completed
by the approved provider.
To comply with regulation 163, the approved provider
must assess each person and consider one of the following
in respect to the person:
A criminal history record check issued not more
than 6 months before it is considered; or
A current working with children check, working
with children card, or working with vulnerable
people check issued on the basis of a criminal
history record check; or
A current teacher registration.
Please note, a safety screening clearance is not equivalent
to any of the above records or documents.
There are no specific requirements to reassess the fit
and proper status of any resident over the age of 18 years,
but a family day care service could develop policies
detailing this as a requirement if so desired.
Ensuring a family day care educator is not left alone
with the children until such time as the safety screening
clearance is received would not be practicable and may
be considered an unmanageable risk to the health,
safety and well-being of the children at the service.
Therefore, it is not possible to employ, appoint or
engage a family day care educator prior to
confirmation of a current safety screening being
provided by the Department of Education.
For residents at family day care residences:
Whilst applications for safety screening clearances are
no longer required for residents at a family day care
residence, the approved provider of a family day care
service must take reasonable steps to ensure that a
person over the age of 18 years who resides at a family
day care residence is a fit and proper person to be in
the company of children (r163).
CONTACT DETAILS
Education and Care Unit, Department of Education, GPO Box 169, Hobart, Tas, 7001
Toll Free Number: 1300 135 513, Fax: 6233 6042, web: www.childcare.tas.gov.au