1 child protection training package module 10 prohibited employment declaration

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Child Protection Training Package

Module 10

Prohibited Employment Declaration

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This module provides important information for

• ALL persons working with children in Catholic systemic schools in the Diocese of Parramatta –

PAID or UNPAID

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Relevant legislation

The

Child Protection

(Prohibited Employment)

Act 1998

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This Act applies to anyone working in child-related employment, i.e. direct unsupervised contact with

children

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What is this Act about?

This Act prohibits employment in child-related work of persons found guilty of certain serious sex offences including registrable persons*

Note: a ‘registrable person’ is defined under the Child Protection (Offenders Registration) Act 2000

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Some words have a particular meaning under this Act -

‘child’ ‘employee’ ‘child-related

employment’ ‘prohibited person’

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Under this Act‘ child’ is any person under 18 years of age

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Under this Act ‘employee’ is a person working in direct contact with children, including:

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an employee under a contract of employment;

a sub-contractor; a volunteer; a student or trainee who is

completing part of a practical training exercise;

a member of a religious organisation or minister of religion**

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Under this Act ‘child-related employment’ means:

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- Direct, unsupervised interaction with persons under 18 years of age.

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Which may occur in:

employment in any religious organisation;

Schools, private tuition or other educational institutions;

preschools, kindergartens and childcare centres (including residential child care centres)

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child welfare facilities, including refuges;

health services, including those providing counselling or psychological treatment;

overnight camps, activities organised by a club or association or group

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all childcare arrangements, including fostering and commercial child-minding facilities;

provision of transportation services (including school buses and taxi services for the transport of children with a disability);

detention centres; public and private hospitals

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Under this Act who is a PROHIBITED PERSON?

(i.e. a person who must not be involved in child-related employment)

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A Prohibited Person is one who has been convicted of a serious sex offence including sexual activity (anywhere or at any time) which may attract a period of imprisonment for 12 months or more if the offence had occurred in NSW.

NOTE: a ‘registrable’ person as defined by the Child Protection (Offenders Registration) Act 2000 is also a Prohibited Person

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A list of such offences would include:

sexual abuse of a child; offences related to child pornography

or child prostitution; carnal knowledge sexual activity or acts of indecency,

committed in NSW or elsewhere and would have been punishable by penal servitude orimprisonment for 12 months or more if the offence had been committed in NSW

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What must the EMPLOYER do?

Under this Act an EMPLOYER must:

1. confirm that existing employees are not prohibited persons, and

2. not employ anyone without evidence that he or she is not a prohibited person

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In practice this means:

Parramatta Catholic Education Office (the child-related employer) must obtain a Prohibited Employment Declaration from ALL employees who may have direct, unsupervised contact with children

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What must the EMPLOYEE do?

under this Act an EMPLOYEE must:

declare to the employer his/ her status relating to the definition of a prohibited person

NOT apply for, or remain in child-related work if he/she is a prohibited person

NOT make a false disclosure regarding his/her status as a prohibited person

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In practice this means

PRIOR to commencing a child-related task an EMPLOYEE MUST COMPLETE a Prohibited Employment Declaration

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PRIOR to commencing a child-related task for Catholic Systemic Schools in the Diocese of Parramatta:

PAID employees must complete a Prohibited Employment Declaration (form EM1) which is stored securely and confidentially at the CEO

UNPAID employees and External Service Providers must complete a Prohibited Employment Declaration (form EM6) which is stored securely and confidentially at the school

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note!

* any person working in a child-related organisation [who may have direct, unsupervised contact with children or young persons] who does not

complete a Prohibited Employment Declaration is committing an offence, and both employee and employer are liable to a penalty

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For further information:

Child Protection Kit – Section 6 Employment Matters Guidelines

Child Protection Kit on CEO website www.ceo.parra.catholic.edu.au

Section 6 Employment mattersSection 12 ResourcesSection 13 Forms

CCYP websitewww.kids.nsw.gov.au

CCER websitewww.ccer.cathcomm.org