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For Official Use Only Australian Government Department of Immigration and Border Protection Child-related Employment PROCEDURAL INSTRUCTION This Procedural Instruction outlines the processes associated with employment screening for IBP workers and contracted service providers in child-related positions . Published Date (PPCF Team to complete) Date of Review [12 months from publication date] Contact [Insert contact section and email] Document ID (PPCF Team to complete) Trim Reference [Insert Trim ID] AG.DIBP.02.0034.002.0001_R

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Page 1: Child-related Employment...Child-related Employment ... or provide services to a child in immigration detention or provide services to or supervise a child in an immigration programme

For Official Use Only

Australian Government

Department of Immigration and Border Protection

Child-related Employment PROCEDURAL INSTRUCTION

This Procedural Instruction outlines the processes associated with employment screening for IBP workers and contracted service providers in child-related positions .

Published Date (PPCF Team to complete)

Date of Review [12 months from publication date]

Contact [Insert contact section and email]

Document ID (PPCF Team to complete)

Trim Reference [Insert Trim ID]

AG.DIBP.02.0034.002.0001_R

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Page 2: Child-related Employment...Child-related Employment ... or provide services to a child in immigration detention or provide services to or supervise a child in an immigration programme

Table of Contents Introduction 4

Scope 4

Glossary 4

Working with Children Checks 5

Identifying existing child-related positions requiring WWCC clearance or National Police Check 5

Inclusion of WWCC mandatory wording in recruitment actions 6

Applying for a WWCC- existing IBP workers 6

Cost of WWCC application for existing IBP workers 7

Cost of WWCC application for external applicants 7

Applying for a WWCC - contracted service providers 7

Nominating an employer on a WWCC or NPC application 7

Recording a WWCC clearance or a NPC on EasySAP 7

Refusal by a state or territory to process a WWCC application 7

Refusal by a state or territory to issue a WWCC clearance 8

Negative assessment under a NPC 8

Renewing a WWCC clearance or reapplying for a NPC 8

Transferring to a different state or territory to a child-related position 8

Disqualification or cancellation of a WWCC clearance 9

Procedural Fairness 9

Child Protection Mandatory Behaviours Declaration 9

Positions identified as child-related must be reviewed whenever position duties change to determine if a Declaration is still required. 9

Existing IBP workers and contracted service providers 9

Prospective IBP workers and contracted service providers 10

What if someone refuses to sign the Child Protection Mandatory Behaviours Declaration? 1 0

What if someone is suspected of breaching the child protection mandatory behaviours? 1 0

Investigating possible breaches of the child protection mandatory behaviours 10

Procedural fairness during investigations involving IBP workers and contracted service providers 11

Inclusion of the WWCC and Child Protection Mandatory Behaviours Declaration requirements in contracts that deliver services to children 11

Accountability and responsibilities 11

What happens if this Procedural Instruction is not followed? 13

Related Framework documents 13

References and legislation 13

Consultation 13

Internal consultation 13

External consultation 14

For Official Use Only Working with Children Check Procedural Instruction 1 2

AG.DIBP.02.0034.002.0002_R

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Page 3: Child-related Employment...Child-related Employment ... or provide services to a child in immigration detention or provide services to or supervise a child in an immigration programme

Document details

Document change control

Endorsement

Approval

Attachment One: State and Territory Screening Authorities

Attachment Two: Child Protection Mandatory Behaviours Declaration

For Official Use Only

15 15 15 15

16

18

Working with Children Check Procedural Instruction 1 3

AG.DIBP.02.0034.002.0003_R

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Page 4: Child-related Employment...Child-related Employment ... or provide services to a child in immigration detention or provide services to or supervise a child in an immigration programme

Introduction The Department of Immigration and Border Protection (the Department) mandates that all Immigration and Border Protection workers (IBP workers) and contracted service providers in child-related positions obtain Working with Children Check (WWCC) clearances as required by the states or territories in which they are working and complete a Child Protection Mandatory Behaviours Declaration (the Declaration). If a state or territory does not process a WWCC application, IBP workers and contracted service providers in child­related positions are required to obtain a National Police Check (NPC) from the state or territory in which they work that indicates there is no reason not to employ the applicant in a child-related position.

This WWCC Procedural Instruction provides practical guidance to IBP workers and contracted service providers on completing pre-employment screening requirements. Additional information on the WWCC requirements and the Declaration are contained in the Department's Child Safeguarding Framework (the framework) and the Child-related Employment Policy.

Scope This procedural instruction applies to:

• aiiiBP workers as defined in subsection 4(1) of the Australian Border Force Act 2015 (Cth) (ABF Act) including departmental employees, and contracted service providers and consultants determined by the Secretary to be IBP workers; and

• any other contractors or consultants (collectively known as contracted service providers) performing services for the Department

who work with a child and/or who manage a child detainee's case, or provide services to a child in immigration detention or provide services to or supervise a child in an immigration programme in Australia.

For those contracted service providers who are not IBP workers, this procedural instruction must still be complied with in accordance with relevant contractual obligations .

Glossary Each state and territory has a set of unique definitions related to child protection matters . The glossary below provides some broad definitions, consistent with the framework; however IBP workers and contracted service providers must refer to the relevant state or territory legislation to obtain the specific definition required for the state or territory in which they are located .

Table 1 - Glossary

Term Definition

Child 'Child' refers to anyone under the age of 18, consistent with the UN Convention on the Rights of the Child (CRC) as well as the Commonwealth Family Law Act 1975 (Cth) . Some state/territory jurisdictions adopt different definitions of 'child'1.

1For example, in NSW, a 'child' is defined as a person under the age of 16, and a 'young person' means a person who is aged 16 years or above but who is under the age of 18 years (s3 Children and Young Persons (Care and Protection) Act 1998 (NSW)). In Victoria, a 'child' is defined as a person under the age of 17 (s3 Children, Youth and Families Act 2005 (Vic)). In the ACT, a 'child ' means a person under the age of 12, and a 'young person' means a person who is 12 years old or older but not yet an adult (s2 Children and Young People Act 2008 (ACT))

For Official Use Only Working with Children Check Procedural Instruction 1 4

AG.DIBP.02.0034.002.0004_R

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Page 5: Child-related Employment...Child-related Employment ... or provide services to a child in immigration detention or provide services to or supervise a child in an immigration programme

Term Definition

Child-related position IBP workers or contracted service providers recruited or engaged to detain a child and/or who manage a child detainee's case, or provide services to a child in immigration detention or provide services to or supervise a child in a DIBP programme. In South Australia this includes IBP workers and contracted service providers who have ongoing access to children's sensitive or personal education, health, child care, disability, child protection or legal proceedings information.

Contracted service provider Any other contractor or consultant performing services for the Department who has not been determined to be an IBP worker by the Secretary.

Department of Immigration Any programme engaged in by the Department involving a child either as a and Border Protection recipient of a service or as supervisee. Example: Unaccompanied programme Humanitarian Minors Programme. (immigration programme)

Immigration and Border An IBP worker is defined in s.4(1) of the Australian Border Force Act 2015 Protection worker (Cth) and the Secretary's Determination of Immigration and Border (IBP worker) Protection Workers.

Working with Children A state or territory mandated, background screening for selected classes of Check people who work with children. (WWCC)

Working with Children Permission granted by a state or territory screening authority for a person of Check clearance a selected class to work with children . (WWCC clearance)

Working with Children Checks In Australia, the state and territory governments have imposed their own unique legislative requirements on selected classes of people who must apply for WWCCs. These laws differ across jurisdictions in relation to terminology, the background checking completed and currency of the WWCC clearance and the prescribed classes of persons who must apply for a WWCC (See Attachment A for further information). This may mean that IBP workers and contracted service providers may be mandated to hold a valid WWCC clearance under the relevant state or territory child protection legislation.

Identifying existing child-related positions requiring WWCC clearance or National Police Check

Supervisors and managers must identify which positions are child-related positions at the commencement of the recruitment process and the requirement for the successful person to hold a valid WWCC clearance must be included in the recruitment documentation.

Under this procedural instruction, any EL or SES officer has the delegated responsibility for nominating positions they supervise as requiring a WWCC, or if the state or territory authority refuses to process a WWCC application, a National Police Check. The delegated supervisor needs to be at least one classification above the position subject to this requirement. Any decision to exempt a person or position from the requirement to obtain a WWCC clearance must be made via a submission to the First Assistant

1

REDACTED Secretary (FAS), Children, Community and Settlement Service Divisiona

For Official Use Only Working with Children Check Procedural Instruction 1 5

AG.DIBP.02.0034.002.0005_R

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Page 6: Child-related Employment...Child-related Employment ... or provide services to a child in immigration detention or provide services to or supervise a child in an immigration programme

Positions identified as child-related must be reviewed whenever position duties change to determine if a WWCC is still required.

This procedural instruction pro-ides eneral uidance to su ervisors, however if supervisors are still uncertain they should contact • 1

• 1 or the relevant state or territory screening

authority at Attachment A for further clarification on state and territory requirements.

On commencement of this Procedural Instruction, supervisors of IBP workers and contracted services providers should review current positions under their supervision to determine if they are child-related and advise senior executive in their area of any new or existing requirements for a WWCC clearance. All existing IBP workers and contracted service providers identified as needing a WWCC clearance should be informed .

Inclusion of WWCC mandatory wording in recruitment actions

All recruitment actions, including internal and external transfers, expressions of interest and new positions, which are identified as child-related must reflect the need for the relevant WWCC as a mandatory qualification.

Mandatory wording must be included in recruitment documentation identifying the positions as child-related and needing a WWCC clearance . The following wording, which must be tailored to include the relevant state or territory references, (or other information as otherwise required), must be used when advertising the position :

"This position is in child-related employment. It is an offence under <legislation of relevant jurisdiction> for a person convicted of certain offences to apply for child-related employment. The successful applicant must read and sign the Child Protection Mandatory Behaviours Declaration and undertake to comply with it; complete the Department's Child Safeguarding elearning; and hold a (insert the relevant state or territory title of the WWCC)".

When advertising the same child-related position or multiple child-related positions in multiple states and territories the mandatory wording must indicate the requirements of each relevant state or territory. For example:

"These positions are in child-related employment. It is an offence under legislation of:

• <legislation of relevant jurisdiction>; and

• <legislation of relevant jurisdiction>

for a person convicted of certain offences to apply for child-related employment. The successful applicant must read and sign the Child Protection Mandatory Behaviours Declaration and undertake to comply with it; complete the Department's Child Safeguarding elearning; and hold a:

• (insert the relevant state or territory title of the WWCC) in (insert relevant state or territory); or

• (insert the relevant state or territory title of the WWCC) in (insert relevant state or territory)".

Applying for a WWCC - existing I BP workers

Following advice from a supervisor an existing IBP worker must apply for a WWCC from the relevant state or territory screening authority at Attachment A within 14 days. IBP workers must follow the relevant state or territory process for applying for a WWCC.

If a state or territory refuses to process a WWCC application, IBP workers and contracted service providers in child-related positions are required to obtain a NPC through the state or territory in which they work.

For Official Use Only Working with Children Check Procedural Instruction 1 6

AG.DIBP.02.0034.002.0006_R

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Page 7: Child-related Employment...Child-related Employment ... or provide services to a child in immigration detention or provide services to or supervise a child in an immigration programme

Cost of WWCC application for existing IBP workers

The cost of a WWCC application for existing departmental staff will be borne by the staff member's business area. The WWCC application fee should be paid for using a corporate credit card .

Cost of WWCC application for external applicants

The cost of a WWCC application for external applicants who submit an application for a child-related position to the Department must be borne by the applicant.

Applying for a WWCC - contracted service providers

The Department requires all contracted service providers to comply with the requirements of the relevant state or territory child protection legislation, the Child-related Employment Policy and this procedural instruction when providing services to children in immigration programmes and immigration detention.

Contracted service providers will bear the cost for WWCC or NPC application fees.

Nominating an employer on a WWCC or N PC application

If a WWCC or NPC application requires a person to nominate their employer, the person should indicate the employer as follows:

(marked private and confidential) Ill I u-1 .1 - . .. 1 - I I - .. -e

REDACTED ployment

Email : REDACTED

Telephone: 1300 243 717

Recording a WWCC clearance or a NPC on EasySAP

Evidence of a current, renewed WWCC clearance or a current NPC must be provided to managers and supervisors in order for personnel records to be updated on EasySAP.

Contract managers must ensure contracted service providers hold a valid WWCC.

IBP workers and contracted service providers are responsible for renewing and maintaining the currency of their individual WWCC clearances.

Refusal by a state or territory to process a WWCC application

Applicants, IBP workers and contracted service providers who have their application for a WWCC refused by a state or territory screening authority on the grounds that they are not a selected class of person included in the state or territory's relevant legislation should apply for a NPC and indicate on their application that they are seeking to work with children .

A copy of the response from the relevant policing authority should be provided to an IBP worker's supervisor. The detail of the NPC should be entered into EasySAP by the supervisor.

For Official Use Only Working with Children Check Procedural Instruction 1 7

AG.DIBP.02.0034.002.0007_R

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Page 8: Child-related Employment...Child-related Employment ... or provide services to a child in immigration detention or provide services to or supervise a child in an immigration programme

Refusal by a state or territory to issue a WWCC clearance

Applicants who cannot obtain and maintain the relevant WWCC clearance from the state or territory they are working in must not be engaged by the Department in child-related positions.

Negative assessment under a NPC

Applicants, IBP workers and contracted service providers who submit an application for a child-related position and receive a negative assessment under the NPC must not be engaged by the Department in child-related positions.

Renewing a WWCC clearance or reapplying for a N PC

It is the responsibility of IBP workers and contracted service providers to ensure their WWCC renewal is actioned prior to the expiration date of their current WWCC clearance . The renewal of a WWCC clearance should follow the process outlined by the relevant state or territory. IBP workers must provide evidence of the renewed WWCC clearance to their supervisor who must then update the details of the renewed WWCC clearance on EasySAP.

NPCs are not renewed . However, IBP workers and contracted service providers must reapply for a new NPC in line with the WWCC clearance requirements of the relevant state or territory in which they work. For example, in Queensland a WWCC clearance (Blue Card) must be renewed every three years. If an IBP worker in Queensland has a NPC then they must reapply for a new NPC every three years consistent with requirements for a WWCC clearance in Queensland .

Transferring to a different state or territory to a child-related position

Each state and territory has its own unique WWCC. If an IBP worker or contracted service provider transfers permanently to a child-related position in another state or territory they must comply with the WWCC requirements of that state or territory.

If an IBP worker is temporarily assigned to another state or territory they must abide by the legislation of that state or territory. If an IBP worker holds a WWCC clearance from their state or territory of primary employment, ACT and TAS allows that IBP worker 28 days to work temporarily in their jurisdiction, without requiring an ACT or TAS WWCC clearance . VIC allows 30 days and WA 14 days.

NSW, NT, QLD and SA do not have a temporary employment provision and require an IBP worker to obtain a WWCC clearance in their state or territory prior to undertaking any role involving working with children .

If this is not possible to obtain a WWCC clearance or NPC prior to transferring permanently or in cases of an emergency deployment to a child-related position, the IBP worker or contracted service provider should always be supervised during interactions with children by an another IBP worker or contracted service provider who has a WWCC clearance or NPC for that state or territory.

For IBP workers or contracted service providers transferring permanently to a child-related position in another state or territory, the actions required to obtain the relevant WWCC or NPC requirements must be initiated within 14 days of the IBP worker or contracted service provider being advised of the permanent transfer.

Where an IBP worker or contracted service provider works in child-related positions in more than one state or territory they are required to comply with the relevant WWCC or NPC requirements in each state and territory in which they work.

For Official Use Only Working with Children Check Procedural Instruction 1 8

AG.DIBP.02.0034.002.0008_R

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Page 9: Child-related Employment...Child-related Employment ... or provide services to a child in immigration detention or provide services to or supervise a child in an immigration programme

If unsure of any WWCC requirements, supervisors, IBP workers and contracted service providers should contact the relevant state and territory screening authority in the state or territory being transferred to (Attachment A) to clarify if a WWCC clearance is required .

Disqualification or cancellation of a WWCC clearance

If an IBP worker or contracted service provider in a child-related position is convicted of an offence, which under the relevant child protection legislation causes them to become a disqualified person or have their WWCC clearance cancelled , and this excludes them from working with children, they must be removed from a child-related position. Disqualified persons must not be permitted or authorised to have any contact with children in immigration programmes or immigration detention in any capacity.

Supervisors are responsible for removing an IBP worker's or contracted service provider's WWCC clearance from Easy SAP.

In circumstances where an IBP worker's WWCC clearance is cancelled or suspended by the relevant state or territory in accordance with their legislation and the IBP worker is to remain employed by the Department, the IBP worker must not occupy a child-related position in the Department. The supervisor should take immediate steps to have the IBP worker transferred to a role that is not child-related.

Procedural Fairness

Following an allegation that an IBP worker or contracted service provider in a child-related position has committed an offence under a state or territory's child protection legislation, or for some other reason has had their WWCC or NPC cancelled or suspended, the IBP worker or contracted service provider will be notified as soon as possible. The IBP worker or contracted service provider will be provided an opportunity to respond to the allegation, cancellation or suspension.

The IBP worker or contracted service provider will be removed from all duties in connection with any child until the outcome of the related investigation is decided. Under the APS Code of Conduct procedures, an employee who is transferred while under investigation retains any allowances they would receive in their normal position.

The supervisor of the IBP worker or contracted service provider will also be notified at the earliest possible opportunity.

Child Protection Mandatory Behaviours Declaration The Child Protection Mandatory Behaviours Declaration (the Declaration) (Attachment B) must be signed by new recruits, existing IBP workers, external APS transferees or contracted service providers prior to commencing in child-related positions.

Positions identified as child-related must be reviewed whenever position duties change to determine if a Declaration is still required .

Existing IBP workers and contracted service providers

It is expected that existing IBP workers and contracted service providers currently in child-related roles sign the Declaration within three months following the commencement of this procedural instruction. A copy of the Declaration should be retained by supervisors of IBP workers and contracted service providers on EasySAP, as well as by the IBP worker and contracted service provider.

For Official Use Only Working with Children Check Procedural Instruction 1 9

AG.DIBP.02.0034.002.0009_R

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Page 10: Child-related Employment...Child-related Employment ... or provide services to a child in immigration detention or provide services to or supervise a child in an immigration programme

If an IBP worker or contracted service provider transfers into a child-related position and he or she has not previously signed a Declaration, a Declaration must be signed before beginning work in that position .

Prospective I BP workers and contracted service providers

It is a requirement that all IBP workers recruited to child-related positions sign Declaration upon commencement of employment with the Department.

All contracted service providers must sign the Declaration upon engagement to undertake a child-related position for the Department.

What if someone refuses to sign the Child Protection Mandatory Behaviours Declaration?

If a prospective IBP worker or contracted service provider refuses to sign the Declaration they will not be recruited to a child-related position by the Department.

If an existing IBP worker refuses to sign the Declaration, they will not be allowed to transfer or remain in a child-related position .

A refusal to sign the Declaration by current departmental staff may also be considered a breach of the APS Code of Conduct.

What if someone is suspected of breaching the child protection mandatory behaviours?

If an IBP worker or contracted service provider becomes aware of behaviour that appears to be inconsistent with the Declaration they have a responsibility to act, by:

• informing the Integrity and Professional Standards Branch; or

• informing their manager or someone at a higher level ; and

• informing the Child Wellbeing Branch a 1REDACTED

In the first instance, IBP workers and contracted service providers are encouraged to report any concerns to their supervisor and the Integrity and Professional Standards Branch. In circumstances where the behaviour is serious or involves their line manager, IBP workers and contracted service providers should report the matter directly to the Integrity and Professional Standards Branch.

Investigating possible breaches of the child protection mandatory behaviours

The Department has the responsibility to investigate suspected breaches of the APS Code of Conduct, and any breaches of the child protection mandatory behaviours will be dealt with in the same manner. A failure to comply with the child protection mandatory behaviours may be considered:

• a failure to comply with a reasonable and lawful direction;

• a failure to treat everybody with respect and courtesy; or

• a failure to comply with Australian laws;

and so considered as a potential breach of the APS Code of Conduct.

Suspected or actual breaches of the child protection mandatory behaviours will be reported to Integrity and Professional Standards who may conduct further investigations into the matter.

For Official Use Only Working with Children Check Procedural Instruction 1 1 0

AG.DIBP.02.0034.002.0010_R

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Procedural fairness during investigations involving IBP workers and contracted service providers

The Department uses fair and proper procedures when responding to concerns or allegations of child abuse and making decisions that affect an IBP worker's or a contracted service provider' s rights or interests.

A report or allegation of child abuse involving an IBP worker is an APS Code of Conduct matter as well as a criminal matter to be investigated by the relevant police authorities.

Additional information on procedural fairness during investigations into a breach of the APS Code of Conduct can be found in the Department's Procedures for Determining Suspected Breaches of the Code of Conduct. The Department reserves the right to terminate a contract with a contracted service provider, or require an individual to be replaced , if there is an unacceptable risk to a child's safety or wellbeing.

Inclusion of the WWCC and Child Protection Mandatory Behaviours Declaration requirements in contracts that deliver services to children All departmental contracts for the provision of services to children in Australia must include the requirement for contracted service providers to hold a current WWCC or, if the state or territory the contracted service provider works in refuses to process their WWCC application produce a NPC that indicates there is no reason not to employ the applicant in a child-related position, prior to commencing work with children on behalf of the Department.

Contracts involving services to children must have the following wording tailored to include the relevant state or territory references and other information as otherwise required :

"This contract delivers services to children . It is an offence under <legislation of relevant jurisdiction> for a person convicted of certain offences to apply for child-related employment. The service provider's employees and any sub-contractors must read and sign the Child Protection Mandatory Behaviours Declaration and undertake to comply with it; complete the departmental Child Safeguarding elearningtraining; and hold a (insert the relevant state or territory title of the WWCC)".

Accountability and responsibilities Table 2- Procedural Instruction roles and responsibilities

Position Accountability and/or responsibility

First Assistant Secretary, Owns the policy for child-related matters Children, Community and Settlement Services Division Approves the Child-related Employment Procedural Instruction

and associated documents

Ensures the Child-related Employment Procedural Instruction and associated documents are aligned with strategic objectives

Ensures compliance with the Policy and Procedural Control Framework

For Official Use Only Working with Children Check Procedural Instruction 1 11

AG.DIBP.02.0034.002.0011_R

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Position Accountability and/or responsibility

Assistant Secretary, Child Wellbeing Branch

Workforce Management Branch

Branch Heads

Section Heads

IBP workers engaging contracted service providers

Supervisors

IBP workers and contracted service providers

Delegates the development of the child-related documents to the Assistant Secretary, Child Wellbeing Branch

Promotes awareness of and compliance with the Child-related Employment Procedural Instruction and associated documents

Develops and implements the Child-related Employment Procedural Instruction

Evaluation, ongoing review and amendment of the Child-related Employment Procedural Instruction Implement the requirements of the Child-related Employment Procedural Instruction

Provides support to IBP workers conducting recruitment exercises and engaging contracted service providers

Provides support to IBP workers and contracted service providers

Promote awareness of and compliance with the Child-related Employment Procedural Instruction and associated documents

Ensure Business area documents align with the Child-related Employment Procedural Instruction and associated documents

Undertake and participate in appropriate consultation for the Child-related Employment Procedural Instruction and associated documents

Ensure contracted service providers are aware of the requirements of Child-related Employment Procedural Instruction

Ensure contracted service providers comply with the requirements of the Child-related Employment Procedural Instruction

Include the requirements of the Child-related Employment Procedural Instruction into departmental contracts with contracted service providers

Identifying child-related positions requiring a WWCC clearance or NPC

Ensure all WWCC or NPC clearance details are recorded on EasySAP

Removing cancelled WWCC or NPC clearance details from EasySAP Applying for, obtaining and maintaining a WWCC clearance or NPC as required

For Official Use Only Working with Children Check Procedural Instruction 1 12

AG.DIBP.02.0034.002.0012_R

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What happens if this Procedural Instruction is not followed? Procedural Instructions issued under the Policy and Procedure Control Framework are lawful and reasonable directions under section 13(5) of the Public Service Act 1999 (Cth). For departmental employees and Australian Public Service employees seconded to the Department, failure to comply with this Procedural Instruction may be referred as a breach of the Code of Conduct and may result in disciplinary action being taken .

For other secondees, contractors and consultants, failure to comply may constitute a breach of the working agreement, contract and/or a direction under the Australian Border Force Act 2015 (Cth).

Related Framework documents • Child Safeguarding Framework • Child-related Employment Policy • Child-related Reporting Policy

References and legislation • Australian Border Force Act 2015 (Cth)

• Customs Act 1901 (Cth) • Family Law Act 1975 (Cth)

• Immigration (Guardianship of Children) Act 1946 (Cth) • Migration Act 1958 (Cth) • Privacy Act 1988 (Cth)

• Public Service Act 1999 (Cth) • Children's Protection Act 1993 (SA)

• Registration to Work with Vulnerable People Act 2013 (Tas) • Working with Children (Risk Management and Screening) Act 2000 (Qid) • Working With Children Act 2005 (Vic)

• Child Protection (Working with Children) Act 2012 (NSW) • Working With Children (Criminal Record Checking) Act 2004 (WA)

• Care and Protection of Children Act 2007 (NT) • Working with Vulnerable People (Background Checking) Act 2011 (ACT)

Consultation

Internal consultation

• Recruitment, Workforce Management Branch • Overseas Workforce Management, Workforce Management Branch

• People Strategy Branch

For Official Use Only Working with Children Check Procedural Instruction 1 13

AG.DIBP.02.0034.002.0013_R

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• Detention Future Operations, Detention and Compliance Branch • Employee Relations, Workforce Management Branch • Integrity Framework and Engagement, Integrity and Professional Standards Branch

• Employment Suitability, Integrity and Professional Standards Branch • HR Systems Business Support, Shared Services Branch

External consultation

• Director, Background Screening and Births, Deaths and Marriages, Access Canberra • Director, Child Safe Organisations, NSW Office of the Children's Guardian • Assistant Director, Working with Children Checks, SAFE NT- Northern Territory Police • Senior Advisor, Community Information Team, Blue Card Services • Manager, Information Services Branch, South Australian Police • General Manager, Screening Unit, Department of Communities and Social Inclusion, South Australia • Manager, Working with Vulnerable People, Department of Justice, Tasmania • Director, Working with Children Checks, Working with Children Check Unit, Victoria • Director, Working with Children Screening Unit, Department of Child Protection and Family Support,

Western Australia

For Official Use Only Working with Children Check Procedural Instruction 1 14

AG.DIBP.02.0034.002.0014_R

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Document details Category/Function Please leave blank- issued by PPCF Team

Sub-Category/Sub-Function Please leave blank- issued by PPCF Team

Published Location Please leave blank- issued by PPCF Team

Period of Effect Please leave blank- issued by PPCF Team

Policy Owner Cheryl-anne May, First Assistant Secretary, Children, Community and Settlement Services Division

Document change control

Endorsement

Refer to the Endorsement and Approval requirements for Framework Documents in the Policy and Procedure Control Framework (Table 2) when determining who needs to approve this SOP.

Endorsed by: Name and Position

Endorsed on (date): xxxx

Approval

Approved by: Cheryl-anne May, First Assistant Secretary, Children, Community and Settlement Services Division

Approved on (date): xxxx

For Official Use Only Working with Children Check Procedural Instruction 1 15

AG.DIBP.02.0034.002.0015_R

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Attachment One: State and Territory Screening Authorities

Australian Capital Territory

Working with Vulnerable People Check

National Police Check

New South Wales

Working with Children Check

Northern Territory

Working with Children Check - Ochre Card

Queensland

Working with Children Check - Blue Card

South Australia

Child-related employment screening

National Police Check

Ph: (02) 6207 3000

Email : [email protected]

Website: Access Canberra

Ph: (02) 6140 6502

Website: Australian Federal Police

Ph: (02) 9286 7219

Email : check@kidsguardian .nsw.gov.au

Website: Office of the Children's Guardian

Ph: 1800 72 33 68

Email: [email protected]

Website: Northern Territory Government

Ph: 1800 11 36 11

(07) 3211 6999

Website : Blue Card Services

Ph: 1300 32 15 92

Email : screening@dcsi .sa .gov.au

Website: Department for Communities and Social Inclusion

Ph: (08) 7322 3347

South Australian Police

For Official Use Only Working with Children Check Procedural Instruction 1 16

AG.DIBP.02.0034.002.0016_R

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Victoria

Working with children Check

National Police Certificate

Tasmania

Working with Children Registration

National Police Check

Western Australia

Working with Children Check

National Police Certificate

Ph: 1300 65 28 79

Email : workingwithchildren@iustice .vic.gov.au

Website: Department of Justice and Regulation

Ph: 1300 33 15 96

Website: Victoria Police

Ph: 1300135513

Website: Department of Justice

Ph: (03) 6173 2928

Email: workingwithchildren@iustice .tas.gov.au

Website: Tasmanian Police Department

Ph: 1800 88 39 79

(08) 6217 8100

Email: checkquery@cpfs .wa .gov.au

Website: Department of Child Protection

Website: Western Australia Police

For Official Use Only Working with Children Check Procedural Instruction 1 17

AG.DIBP.02.0034.002.0017_R

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Attachment Two: Child Protection Mandatory Behaviours Declaration

I, , acknowledge that I have read and understood the Child Protection Mandatory Behaviours and agree that in the course of my employmenUcontractual obligations, I will:

• treat children1 with respect regardless of race, colour, gender, language, religion, political or other opinion , national ethnic or social origin , property, disability, age or other status;

• not use language or behaviour towards children that is inappropriate, harassing, abusive, sexually provocative or demeaning;

• not use physical or humiliating punishment on children; • not engage in behaviour to shame, humiliate, belittle or degrade a child or otherwise emotionally or

psychologically abuse a child; • not act in a sexually provocative manner or engage children in any form of sexual intercourse2 or sexual

activity3, including paying for sexual services or acts; • not touch a child in an abusive or unnecessary way; • not condone or participate in behaviour with a child that is illegal or abusive; • ensure that, whenever possible, another adult is present when I am working with children, unless it is in

the context of providing a specific service (e.g . health consultation); • not invite unaccompanied children into my home or place of residence;

• not take a child outside of a detention centre or Regional Processing Centre without permission from a guardian and relevant departmental designated authority;

• not offer any gifts, inducements or money to a child without the permission of the relevant service provider and designated departmental officer, as well as the permission of the parent or guardian;

• use any computers, mobile phones, video and digital cameras or social media to exploit or harass children, or access child exploitation material through any form of information and communication technology;

• abide by the Department's Photography and Filming Children Support Material ; • obtain the informed consent of the child and his /her parent or guardian in connection with imagery of a

child before taking any photograph or film, and create only imagery that depicts children in a decent manner;

• immediately report concerns, disclosures, allegations of child abuse or exploitation in accordance with the requirements of the relevant state or territory legislation and the Department's Reporting Child­related Incidents Policy;

• immediately report any policy non-compliance in accordance with the Department's Child Protection Mandatory Behaviours and Australian Public Service (APS) Code of Conduct Policy; and

• immediately disclose all charges, convictions and outcomes of an offence, which occurred prior to or during my employmenUcontractual obligations with the Department that effect my ability to maintain a Working with Children Check or National Police Check to work with children .

1 A child is a person under the age of 18 or treated as such by the Department (where the person's age is unknown). 2 As defined under the Criminal Code Act 1995. 3 As defined under the Criminal Code Act 1995.

For Official Use Only Working with Children Check Procedural Instruction 1 18

AG.DIBP.02.0034.002.0018_R

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Acknowledgment and undertaking

By signing this document: • I acknowledge that I have read and understood the Child Protection Mandatory Behaviours; • I understand that I must comply with the Child Protection Mandatory Behaviours above; • I understand that a breach of the Child Protection Mandatory Behaviours is a violation of my

obligations and may lead to disciplinary action, including termination of employment or services; and • I understand that conduct which breaches the Child Protection Mandatory Behaviours may also

result in criminal investigation and prosecution.

I understand that the responsibility is on me, as an employee, to avoid actions or behaviours that exploit or abuse children .

Signed:

Date:

Name:

Position : ____________________ _

For Official Use Only Working with Children Check Procedural Instruction 1 19

AG.DIBP.02.0034.002.0019_R

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