Local government in south australia

Participants – Protective Work Practices
Organisations should strive to develop a personal shield of safety around participants in activities for children and other vulnerable people, and ensure protective work practices are in place to guide staff and volunteers in providing services to children. Examples follow.

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  Adopt policies concerning the administration of discipline. Corporal punishment should not be permitted.
  
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  Out of program contact between staff/volunteers and participants should be expressly prohibited. If not, the liability for such activities should be transferred to the parents/carers.
  
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  Limit the opportunity for one-on one, close and unsupervised contact between workers and volunteers and children, young people and other vulnerable people
  
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  Gain consent of parents/care givers in advance if one-on-one unsupervised contact is to occur
  
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  Workers and volunteers to report to supervisors/managers in advance if one-on-one unsupervised contact is to occur
  
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  Offer child abuse prevention education to young participants in programs and parents/carers.
  

See also DFC Guidelines, page 41 for further information - “Maintaining Professional Boundaries with Students.”

Attachment 5: Dealing with Criminal History Information
This attachment provides a brief summary of the key requirements set out in DFC Guidelines titled:
Child Safe Environments: Dealing with information obtained about the criminal history of employees and volunteers wo work with children.

Standards issued by the Chief Executive, Department for Families and Communities (Section 8A, Children’s Protection Act 1993 (SA))

This document (and other resources) is available via DFC website or link below
http://www.familiesandcommunities.sa.gov.au/DesktopModules/SAHT_DNN2_Documents/Download/633302223827812500/CHC%20Standards%20August%202007.pdf
This summary is to be read in conjunction with the above document.
Principles that govern risk assessment as follows:

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  The paramount consideration is the rights, interests and wellbeing of children and their protection from harm.
  
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  The assessment will be
  
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    Conducted by persons who are appropriately trained and supported
    
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    Recognised as one of a range of strategies to protect children
    
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    Evidence based, where evidence exists, and be ethical and defensible, efficient and timely
    
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    Based on principles of natural justice and procedural fairness, procedures will be transparent, documented and consistently applied
    
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    Accompanied by provisions for review and appeal against a decision
    
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  The privacy of people will be strictly protected, and sensitive and personal information will be protected from inappropriate disclosure.
  

A flow chart for obtaining and assessment of criminal history reports is included on page 13 in the Guidelines referred to above.
Standard 1: Identifying prescribed functions and prescribed positions

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  Covering paid and unpaid positions that are prescribed positions
  
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  Applies to individuals over 8 years of age.
  
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  A flow chart to assist in identifying prescribed positions is on page 16
  

Standard 2: Developing understandable and accessible procedures to obtain criminal history reports

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  Obtaining informed written consent before obtaining a criminal history report
  
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  Advertisements state appointment subject to criminal history report being obtained
  
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  Using a 100 point check to establish the true identity of applicants
  

Standard 3: Obtaining criminal history reports in a timely and regular manner

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  Obtain criminal history report prior to appointment or as soon as possible for existing staff, volunteers, contractors, subcontractors, agents in prescribed positions
  
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  If an urgent need to engage, applicant may complete a statutory declaration in addition to their consent form and be employed to undertake certain duties but not those of a prescribed nature until criminal history/screening clearance.
  
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  Obtain at agency-defined intervals up to a maximum validity period of three years.
  
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  Procedures should be in place to ensure
  
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    Re-validation occurs, and those turning 18 are identified in a timely manner.
    
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    Encourages individuals to notify if a change in criminal history status
    

Standard 4: Accepting other evidence

Note: Most people do not have a criminal history. For these individuals, it may be appropriate and sufficient to accept previous reports indicating no recorded criminal history, especially if these criminal history reports have been obtained in the context of working with children (page 25)

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  May also be appropriate under certain other circumstances where positions compatible, identify has been established, and criminal history has previously been assessed (this will minimise duplication)
  
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  Statutory Declaration for citizens or permanent residents of a country other than Australia may be appropriate.
  
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  Other screening methods are used to determine the risk and suitability of the individual to work with children.
  

Standard 5: Assessing criminal history reports

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  Assessed on case-by-case basis, considered in context based on relevance and potential risk of harm to children.
  
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  Guidelines refer to “relevant offences” and “risk assessment” factors including situational, personal factors related to the applicant, and the nature of vulnerability of the children receiving the services.
  
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  Process of assessment to be transparent and allow individual opportunity to provide further information and contextual factors where relevant.
  

Standard 6: Ensuring procedural fairness throughout the assessment and decision making process

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  Documented assessment procedures meet legislative and contractual requirements.
  
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  Rationale for excluding people has been documented and is evidence-based
  
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  Procedures state individuals have a right to respond
  
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  Grievance procedures where relevant are known and understood.
  

Standard 7: Ensuring good practices when dealing with criminal history information

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  Procedures in place to protect privacy (to the extent possible) and ensure confidentiality of both criminal history information and the assessment of a criminal history report.
  

Note: A Screening and Licensing Branch has been established within DFC to provide a centralised and consistent approach to the screening and assessment of criminal history records. The Branch offers a full fee based screening service to all government departments and agencies, non government agencies (including Local Government) and volunteer groups. National Criminal History Record Checks are conducted by the Branch via the CrimTrac Agency.
In the majority of cases, checks will be completed within 72 hours of receipt at the Branch.
For further information contact the Screening and Licensing Branch, telephone [phone], or email [e-mail]


Attachment 6: Child Safe – Mandatory Reporting Training Options

DFC offer a 3 day Child Safe – Mandatory Reporting Train the Trainer Program. Participants who complete this program are accredited trainers for the one day training session and then able to conduct in-house training.

A one day “Child Safe Mandatory Reporting” training session is offered through LGA’s Education and Training Service Program.

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  Contact: Patricia Coonan, phone [phone],
  
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  email: [e-mail]
  
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  or independent DFC accredited trainers are available to conduct “in-house” training.
  

Office for Recreation and Sport (ORS) are offering training for recreation centres, clubs and sporting associations.

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  Contact: ORS, phone [phone]
  
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  Visit: www.recsport.sa.gov.au
  

On line training for sport and recreation service providers

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  via Play by the Rules
  
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  www.playbytherules.net.au
  

1 Refer Draft DFC Standards

2 DFC Child Safe Environments Standards CH p6.

3 Note: As at August 2007 there is no Children’s Protection Act regulation requiring Local Government Councils to undertake police checks. However, criminal history screening is included in the DFC standards, referred to above and Council has endorsed the implementation of criminal history check screening for prescribed positions.