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OPERATIONAL DIRECTIVE Enquiries to: Local Health Service Workforce/Human

Resources OD number: OD 0454/13

Phone number: 9222 4211 Date: 12 Sept 2013 Supersedes: WA Health Working with Children Check

Policy and Guidelines (OD 160/08)

File No: FAA-23499

Subject: WA HEALTH WORKING WITH CHILDREN CHECK POLICY

WA Health has a duty of care to provide a high level of safety for all clients, including children. WA Health will ensure that the wellbeing and protection of children is paramount in its decision-making concerning the acceptance or exclusion of persons from working in “child-related work”. The Working with Children (Criminal Record Checking) Act 2004 requires that people who start or continue in “child-related work” obtain a WWC Check. The aim of the WWC Check is to help protect children by:

deterring people from working with children where they have a criminal record that indicates they may harm children; and

preventing people with such records who do apply for work with children from working in a paid or unpaid capacity.

The Working with Children (WWC) Check Policy and Procedure provides for a number of new elements including:

the establishment of a five step process for all persons requiring a WWC check in WA Health

improvements to the WWC position flagging process for WA Health employees development of a WWC process flowchart for employees.

In addition, guidance material has been updated to:

assist WA Health staff identify if a WWC check is required clarify WA Health staff responsibilities to ensure compliance with the WWC Act.

It is not acceptable for Health Services to adopt WWC check blanket policies whereby all, or a group, of employees are required to apply for a WWC check regardless of whether they perform “child-related work” or not. Prof Bryant Stokes A/DIRECTOR GENERAL DEPARTMENT OF HEALTH WA

This information is available in alternative formats on request for a person with a

disability.

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WORKING WITH CHILDREN CHECK POLICY

1. POLICY STATEMENT WA Health has a duty of care to provide a high level of safety for all clients, including children. WA Health will ensure that the wellbeing and protection of children is paramount in its decision-making concerning the acceptance or exclusion of persons from working in “child-related work”. The Working with Children (Criminal Record Checking) Act 2004 (the Act) requires that people who start or continue in “child-related work” obtain a Working With Children (WWC) Check. Following a successful WWC Check, a WWC Card is issued. A WWC Card is valid for three years, after which time the holder is responsible for obtaining a renewal. The aim of the WWC Check is to help protect children by:

deterring people from working with children where they have a criminal record that indicates they may harm children; and

preventing people with such records who do apply for work with children from working in a paid or unpaid capacity.

WWC Checks are managed at a state or territory level in accordance with respective state legislation. A WWC Card is only valid in the state or territory it was issued. It cannot be used in any other state or territory. Failure to comply with the WWC Act may result in penalties as prescribed under the Act. 2. SCOPE This policy and associated procedure apply to all persons in WA Health, which incorporates the following entities:

Department of Health Metropolitan Health Services Peel Health Service WA Country Health Service.

This is a whole of Health policy and supersedes all policies and procedures related to WWC Checks in WA Health. This policy is different and additional to the requirements under the WA Health Criminal Records Screening (CRS) Policy. For more information, see Operational Circular OP 0275/10 – Criminal Record Screening Policy and Guidelines.

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3. MINIMUM REQUIREMENTS WA Health will ensure a WWC Check is undertaken if the usual duties of a person’s work involve or are likely to involve contact with a child in connection with one of the 18 work categories of “child-related work” as specified under Section 6 the Act. WA Health has obligations under the Act, which includes:  

not engaging a person in child-related work unless the person has applied for, or already has, a valid WWC Card.

ensuring that designated representatives do not sign the employer declaration section on WWC Check application forms for people who are not in child-related work.

not engaging a person in child-related work if they are issued with an Interim Negative Notice or Negative Notice or if their WWC application has been withdrawn.

keeping records to demonstrate compliance. A full list of definitions is outlined in the WA Health WWC Check Procedure. 4. PROCEDURE AND GUIDANCE NOTES The WWC Check Procedure outlines the minimum process requirements for implementation of the policy and includes reference to Guidance Notes. 5. RELEVANT LEGISLATION Working with Children (Criminal Record Checking) Act 2004 Working with Children (Criminal Record Checking) Act Regulations 2005 http://www.slp.wa.gov.au/legislation/statutes.nsf/default.html 6. RELEVANT WEBSITES Working with Children Check Website for Western Australia http://www.checkwwc.wa.gov.au/checkwwc 7. RELEVANT DOCUMENTS WA Health Working with Children Check Procedure WA Health Working with Children Check Guidance Notes WA Health Criminal Record Screening Policy and Guidelines WA Health Recruitment, Selection and Appointment Policy and Procedure Medical Practitioner Recruitment, Selection, Appointment, Credentialling, Reappointment and Recredentialling Processes within WA Health Department of Consumer and Employment Protection Circular to Departments and Authorities No. 6 of 2008 Working with Children Check

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8. AUTHORITY Policy and/or Procedure link

http://www.health.wa.gov.au/circularsnew/circular.cfm?Circ_ID=13007http://intranet.health.wa.gov.au/policies/doh_policy.cfm

Policy Owner Workforce Directorate Contact policyofficer@health.wa.gov.au Superseded Documents

Operational Directive OD 0160/08

Authorised by Director General Approval Date 01/09/2013 Review Date 01/09/2016 Please Note: The links in this document are provided as a service. Links to documents can be

volatile. If the link is broken you may need to search for the document.

This information is available in alternative formats upon a request.

Working with Children Check Procedure Page 1 of 13

WORKING WITH CHILDREN CHECK PROCEDURE

CONTENTS .........................................................................................................Page

1.  INTRODUCTION................................................................................................. 2 

2.  DEFINITIONS ..................................................................................................... 2 

3.  PROCEDURE ..................................................................................................... 4 

STEP 1  IDENTIFY IF A WWC CHECK IS REQUIRED .................................... 4 

STEP 2   ENSURE APPLICATION FOR WWC CHECK IS UNDERTAKEN ...... 5 

STEP 3  CONFIRM AND RECORD EVIDENCE OF WWC CHECK/CARD ...... 7 

STEP 4  REVIEW AND MANAGE WWC CHECK OUTCOMES........................ 9 

STEP 5   ARRANGE SUBSEQUENT WWC CHECKS..................................... 10 

4.  FLOWCHART – WWC PROCESS FOR EMPLOYEES ................................... 11 

5.  QUESTIONS AND ADVICE.............................................................................. 13 

6.  GUIDANCE NOTES.......................................................................................... 13 

7.  AUTHORITY ..................................................................................................... 13 

1. INTRODUCTION This Working With Children Check Procedure (the Procedure) should be read in conjunction with the WA Health Working with Children (WWC) Check Policy. The Procedure provides minimum process requirements for implementation of the WWC Check Policy and includes Guidance Notes and links to Factsheets located on the WWC Check website for Western Australia (WA). 2. DEFINITIONS 2.1 The following definitions and links to reference material are taken directly or

adapted from the WWC Website WA. Blanket Policy When organisations/employers require all or a group

of their employees to apply for a WWC Check, regardless of whether a person undertakes child-related work or not. When deciding who in their organisation needs a WWC Check an employer must make this decision on a case by case basis.

Categories of Persons that may require a WWC Check

Employees, volunteers, students and self-employed (contractors)

Child A person who is under the age of 18 years. Child related work

“Work” is child-related if the usual duties of the work involve, or are likely to involve contact with a child in connection with at least one of the 18 categories of child-related work. Refer to Factsheet 1 What is Child-Related Work? at http://www.checkwwc.wa.gov.au

Contact Contact includes: (a) any form of physical contact (b) any form of oral communication, whether face

to face, by telephone or otherwise (c) any form of electronic communication

But does not include contact in the normal course of duties between an employer and an employee or between employees of the same employer.

Class 1 and Class 2 offences

Offences specifically listed in the Working with Children (Criminal Record Checking) Act 2004 (the Act). Refer to Factsheet 4 – Class 1 and Class 2 Offences at http://www.checkwwc.wa.gov.au

Exemption Where a category of person or type of work is excluded by the Act or Working with Children (Criminal Record Checking) Regulations 2005 from the definition of child-related work.

Five Day Threshold Defence

It is an offence to carry out child-related work without having lodged a WWC application with Australia Post or holding a valid WWC Card. However, the Act

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allows reasonable flexibility to enable employers/volunteer organisations/education providers to deliver services in unforeseen circumstances, such as the illness of a worker. The 'threshold’ is different for self-employed/volunteers/employees/students and employers/volunteer organisations/education providers. Refer to Factsheet 9 Information for the Health Sector www.checkwwc.wa.gov.au

Interim Negative Notice (INN)

Notice that prohibits a person from undertaking child-related work in Western Australia before a final decision is made by the WWC Screening Unit.

Negative Notice Notice that prohibits a person from undertaking child-related work in Western Australia and is valid until its cancellation under the Act.

Working with Children Card

Issued to a person when their WWC Check has been successful. It is also referred to as an assessment notice.

Working with Children Check

Compulsory national criminal record check for people who undertake child-related work in Western Australia.

Working with Children Screening Unit (WWCSU)

Unit established to administer the WWC (Criminal Record Checking) Act 2004

2.2 The following definitions are specific to WA Health. Employee Includes permanent, fixed term, acting, secondment,

temporary deployment or casual. Contractors Are deemed to include persons who work under a

contract for service and are engaged by the health service to do work, provide a service or labour for remuneration. This includes, but is not limited to, tradespersons, visiting health professionals, agency staff and academics.

Health Corporate Network Employment Services (HCN ES)

Corporate Shared Services Centre providing recruitment, employment contract management and establishment services.

Health Service Medical Administration

Responsible for recruitment and contracting of medical practitioners.

Local Health Service Human Resources (HR)

Workforce Services/HR personnel who can provide advice about the application of the Act and related processes.

WWC Flagged position Identifies positions in the Human Resource Information System (HRIS) that requires the occupant to obtain a WWC Check.

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3. PROCEDURE The following procedure outlines the key steps and responsibilities required to ensure that persons deemed to be in child-related work undertake a Working with Children Check. Different processes are outlined for employees, volunteers, students and contractors within each step. An employee WWC process flowchart is included on page 12. For a table containing the key steps and specific responsibilities, refer to Guidance Note 2. STEP 1 IDENTIFY IF A WWC CHECK IS REQUIRED EMPLOYEES In accordance with WA Health position establishment requirements, positions that are deemed to be child-related work are flagged. A WWC flagged position indicates that the occupant is required to obtain a WWC Check. Prior to filling a vacancy, the line manager will review the job status in the Human Resource Information System (HRIS) to see if the position is flagged as requiring a WWC Check. Line managers unable to access the HRIS should contact local Health Service HR or Health Corporate Network Employment Services (HCN ES) for assistance. If a position is WWC flagged, the applicant will be informed through the recruitment process that their continued or commencing employment is subject to a WWC Check. HCN ES will ensure all advertisements for positions (internal and external) that require a WWC Check will include the following statement: This position is subject to a WWC Check. WWC blanket policies are not to be adopted in WA Health. For more information about WWC flagging, including how to determine if a new or reviewed position should be flagged, refer to Guidance Note 1 and contact local Health Service HR for advice. If a line manager considers a position’s WWC flag is not correct, they are required to obtain advice from local Health Service HR and, if a WWC flag amendment is needed, submit an E10 form to the HCN Establishment Unit. VOLUNTEERS If a volunteer role has been deemed as requiring a WWC Check, the volunteer coordinator or supervisor will advise the volunteer that the role is subject to a WWC Check. For further information, including how to determine if a volunteer requires a WWC Check, refer to Guidance Note 1 or contact local Health Service HR.

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STUDENTS ON PLACEMENT For students on placement, their educational institution is responsible for:

identifying if a WWC Check is required (in consultation with the relevant Health Service), and

for advising the student accordingly. CONTRACTORS The relevant Health Service contract manager is responsible for identifying if a contractor requires a WWC Check and for advising the contractor accordingly. If the services to be provided by the contractor are deemed child-related work, the customer contract must include specific clauses as outlined in the Department of Finance procurement template ‘Request Conditions and General Conditions of Contract’ available at http://www.finance.wa.gov.au/cms/uploadedFiles/Government_Procurement/Guidelines_and_templates/goods_and_services_request_conditions_and_general_conditions_of_contract.pdf?n=8772 For further information, including how to determine if a contractor requires a WWC Check, refer to Guidance Note 1 or contact local Health Service HR. STEP 2 ENSURE APPLICATION FOR WWC CHECK IS UNDERTAKEN During the process, if it is determined that a person has already applied for, or holds a current WWC Card, go to Step 3. EMPLOYEES If the position is flagged as requiring a WWC Check, in accordance with the appointment process, HCN ES will provide an “Application for a Working with Children Check” form to the new employee prior to commencement. Alternatively, new or existing employees can obtain the application form from Australia Post or their line manager. For medical practitioners, it can also be obtained from Health Service Medical Administration. After the new or existing employee has completed the application form, the line manager must complete the employer’s section on the form to certify the applicant is, or will be employed in child-related work. Employees must be advised to enter the following information in the Employer Postal Address section in Part 6 of the application form:

Manager Employment Services Department of Health GPO Box 8545 Perth WA 6849

An example of how to complete the WWC application appropriately can be found at HCN ES.

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The new or existing employee must lodge the application form in person at a nominated Australia Post outlet and pay the required fee. A list of Australia Post outlets can be found at www.auspost.com.au. Australia Post will issue a receipt which must be retained by the employee as evidence of the application and for reimbursement purposes (if eligible). VOLUNTEERS If a WWC is required, volunteers are to obtain the application form from Australia Post or from the volunteer coordinator or supervisor. Volunteers are to enter their volunteer coordinator’s or supervisor’s name and contact details in the postal address section in Part 6 of the WWC application form. After the volunteer has completed the application form, the volunteer coordinator or supervisor must complete the employer’s section on the form to certify the volunteer is, or will be in child-related work. The volunteer must lodge the application form in person at a nominated Australia Post outlet and pay the required fee. A list of Australia Post outlets can be found at www.auspost.com.au Australia Post will issue a receipt which must be retained by the volunteer as evidence of the application and for reimbursement purposes.

Eligibility for WWC Check reimbursement Employee WWC Checks The following employees must pay for their initial WWC Check:

new employees required to obtain a WWC Check as part of their commencing employment

existing employees who voluntarily choose to apply for and are the recommended applicant for a child-related position within WA Health.

HCN will reimburse:

the cost for existing employees who move to child-related work on a temporary or permanent basis at the request of the employer

the cost of all employees’ WWC Check renewals. Source: Department of Commerce Circular to Departments and Authorities, No. 6 of 2008 – Working with Children Check For further information about reimbursement, and requirements for making a claim (K6 Form) go to HCN ES. Volunteer WWC Checks HCN will reimburse the cost of the initial WWC Check and all WWC Check renewals for volunteers who are obliged to obtain a WWC Check. For further information about reimbursement, and requirements for making a claim (AP1 Form) contact HCN Accounts Payable.

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STUDENTS ON PLACEMENT Educational institutions are responsible for advising students about applying for their WWC Checks and co-signing the application forms of students. CONTRACTORS Contractors are responsible for their own WWC applications. They should enter their own name and contact details in the employer declaration and postal address sections in Part 6 of the WWC application form. STEP 3 CONFIRM AND RECORD EVIDENCE OF WWC CHECK/CARD EMPLOYEES New or existing employees being appointed to a position that requires a WWC Check must forward their evidence to their line manager and HCN ES (HCN.WWC@health.wa.gov.au) of either:

a valid WWC Card or a receipt from an Australia Post outlet indicating that the applicant has

applied for a WWC Check. When evidence of a WWC Card is provided, HCN ES will check its validity by going to www.checkwwc.wa.gov.au. If the WWC Card is not valid, HCN ES will advise the line manager to ask the employee to reapply for a WWC Check. In cases where evidence of an employee’s application for a WWC Check has not been provided to HCN ES prior to commencing employment, HCN ES will send an email to the line manager (and local Health Service HR) to remind them that the new employee must provide evidence by the end of the 5th working day. If the evidence is not provided in the required time, the line manager will liaise with local Health Service HR to address the non-compliance. Where a WWC Check is required, the following statement is included in the contract of employment:

This employment contract is subject to the Working With Children (Criminal Record Checking) Act 2004. Your continued employment is subject to you applying for an Assessment Notice and maintaining an Assessment Notice. General information from the Working With Children Check website is attached. Please note this is an incomplete statement and should you require further information see the Working With Children Check website at www.checkwwc.wa.gov.au or seek independent legal advice.

Record keeping and compliance reports HCN ES will maintain data in the HRIS that includes:

WWC flagged positions and the applicable category of child-related work details of the application and/or assessment notice including the date the

application was made and/or the effective date and expiry date of the assessment notice

the status of an employee’s WWC Check.

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A WWC Check compliance report is emailed to designated officers on a fortnightly basis. Designated officers are required to review and action WWC Check compliance reports. This report can also be run from the Data Warehouse by line managers or site HR. Performance Activity and Quality Division (PAQ) can provide access to this report upon application. VOLUNTEERS The volunteer coordinator or supervisor must ensure that the volunteer presents on commencement:

a current WWC Card or a recent receipt from Australia Post which indicates that the volunteer

has applied for a WWC Check.

When evidence of a WWC Card is provided, the volunteer co-ordinator or supervisor will check its validity by going to www.checkwwc.wa.gov.au. If evidence is not provided by the specified dates, the volunteer coordinator or supervisor will contact local Health Service HR for advice. The volunteer coordinator or supervisor will ensure that WWC Check details are recorded and stored in accordance with WA Health requirements. STUDENTS ON PLACEMENT AND CONTRACTORS The relevant Health Service manager must ensure that students and contractors present on commencement:

a current WWC Card or a recent receipt from Australia Post which indicates that the person has

applied for a WWC Check. When evidence of a WWC Card is provided, the relevant Health Service manager should check its validity by going to www.checkwwc.wa.gov.au. The relevant Health Service manager will ensure that WWC Check details are recorded and stored in accordance with WA Health requirements.

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STEP 4 REVIEW AND MANAGE WWC CHECK OUTCOMES  

A successful WWC Check results in a WWC Card which is portable for three years across all types of child-related work, unless cancelled. An unsuccessful WWC Check results in a “Negative Notice” or “Interim Negative Notice” which prohibits the person from carrying out child-related work with WA Health or with any other employer or as a contractor in WA. EMPLOYEES The Manager HCN ES is notified by the WWCSU of the outcome of a WWC Check. In the event that the line manager receives notification of a WWC Check outcome (successful or unsuccessful), a copy should be emailed to HCN ES as soon as possible to HCN.WWC@health.wa.gov.au. If a Negative Notice or Interim Negative Notice is received, the Manager, HCN ES or the Health Service line manager will advise the Health Service HR Manager and the Health Service Workforce Director/Human Resources Director (or equivalent) who will manage the process thereafter. The preferred applicant, new or existing employee will be notified that the offer of employment or contract of employment has been rescinded or terminated. VOLUNTEERS The Volunteer coordinator or supervisor will be notified of the outcome of a WWC Check by the WWCSU. If a WWC Check is unsuccessful, the Volunteer coordinator or supervisor will immediately contact local Health Service HR for advice. STUDENTS ON PLACEMENT/CONTRACTORS The outcomes of WWC Checks are received and managed by the Educational Institution (for students on placement) or by the contract provider. Notification of relevant change A ‘relevant change’ occurs if a person is charged with or convicted of a Class 1 or Class 2 scheduled offence under the Act. Employees, volunteers and students are required to notify the WWCSU and the relevant Health Service Manager in writing as soon as practicable after any ‘relevant change’ to their criminal history. The Health Service Manager must contact local Health Service HR to advise of the ‘relevant change’. Disclosure of details of the charge or conviction is not required – just the fact they have had a relevant change to their record. Contractors are required to notify the WWCSU and the Health Service/s where they are providing services in writing after any ‘relevant change’ to their criminal history occurs.

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STEP 5 ARRANGE SUBSEQUENT WWC CHECKS Three months prior to the expiration of a person’s WWC Card, a person will receive a reminder letter from the WWC Screening Unit requesting that they re-apply for a new card if they wish to continue in child-related work. Card holders should re-apply at least one month before their WWC Card expires. EMPLOYEES Designated officers will receive a WWC non-compliance report on a fortnightly basis, and a four weekly “due to expire” report identifying employees whose WWC card is due to expire in the next 2 months. Delegated officers will follow up with employees that are non-compliant and those with WWC cards that will soon expire. VOLUNTEERS/STUDENTS/CONTRACTORS Persons in the above categories are responsible for renewing their WWC cards every three years.

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4. FLOWCHART

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5. QUESTIONS AND ADVICE For queries or advice, contact local Health Service Human Resources or HCN ES. For external advice, contact the WWCSU at: Telephone: (08) 6217 8100 Freecall: 1800 883 979 Fax: (08) 9221 6345 Email: checkquery@dcp.wa.gov.au 6. GUIDANCE NOTES

1 How to determine if a WWC Check is required (including examples of child-related work in the Health Sector)

2. Working with Children Check Steps and Responsibilities 3. Working with Children Screening Unit Factsheets

7. AUTHORITY Policy and/or Procedure link

http://www.health.wa.gov.au/circularsnew/circular.cfm?Circ_ID=13007http://intranet.health.wa.gov.au/policies/doh_policy.cfm

Policy Owner Workforce Directorate Contact policyofficer@health.wa.gov.au Superseded Documents

Operational Directive OD 0160/08

Authorised by Director General Approval Date 01/09/2013 Review Date 01/09/2016 Please Note: The links in this document are provided as a service. Links to documents can be

volatile. If the link is broken you may need to search for the document.

Guidance Note 1 – How to determine if a WWC Check is required Page 1 of 11

WORKING WITH CHILDREN CHECK GUIDANCE NOTES

The following three guidance notes provide information to assist in the implementation of the Working with Children Check (WWC) Policy and Procedure. 1. Guidance Note 1 How to determine if a WWC Check is required

(including examples of child-related work in the Health Sector) 2. Guidance Note 2 Working with Children Check steps and responsibilities 3. Guidance Note 3 Working with Children Screening Unit Factsheets GN1 HOW TO DETERMINE IF A WWC CHECK IS REQUIRED

In determining if a WWC Check is required, the manager must consider:

1. Are they doing paid, unpaid or volunteer work in connection with any of the

categories of child-related work listed in section 6(1)(a) of the Act? Refer to Factsheet 1 ‘What Is Child-Related Work’ (www.checkwwc.wa.gov.au)

2. Do the usual duties of the work they carry out involve, or are they likely to involve,

contact with a child?

Contact includes any form of – i. physical contact; ii. oral communication, whether face to face, by telephone or otherwise; and iii. electronic communication;

but does not include contact in the normal course of duties between an

employer and an employee (including employees under 18 yrs) or between employees of the same employer.

3. Does an exemption apply?

Refer to Fact Sheet 5 Child-Related Work and Exemptions

(www.checkwwc.wa.gov.au) A note about blanket policies A manager cannot require a person to apply for a WWC Check whose duties do not bring them in contact with a child in one of the specified categories. People who are not in child-related work are by law unable to apply for a WWC Check and employers are by law unable to require that people who are not in child-related work obtain a WWC Check.

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When deciding who needs a WWC Check, WA Health will make this decision on a case by case basis. It is not acceptable to adopt a “blanket” policy whereby an employer requires all or a significant number of employees to apply for a WWC Check, regardless of whether they undertake child-related work or not. For example, you may employ a number of nurses and not all of them have contact with children, therefore not all of them would be in child-related work. This is important because people who are not in child-related work are by law unable to apply for a WWC Card

EXAMPLES OF CHILD-RELATED WORK IN THE HEALTH SECTOR The following examples of child-related work have been developed in consultation with the Working with Children Screening Unit (WWCSU) and illustrate how ‘child-related work’ as defined in Section 6 of the WWC Act may be applied in WA Health. They represent only SOME examples of child-related work in relation to Category 9, 10, 13, 14, 15, 16. Refer to Factsheet 1 ‘What is Child-Related Work”? for the complete list of categories (18) of child-related work. When deciding if a position is child-related work, it is important to consider the usual duties of the person undertaking that work and not rely on the position title only. A position may be in scope under one or multiple categories of ‘child-related work’. For further information, contact local Health Service Human Resources.

Category 9 A community child health service Scope A community child health service is not defined in the Act, but is interpreted by the WWCSU to be a community health service provided to children. IN Scope Examples

Community Health Services provide a comprehensive service which includes prevention, early detection and early intervention for children and young people. Services are delivered in community health centres, ambulatory service settings, inside health services/hospitals, nursing posts, schools, child health centres, homes and a range of other community settings. Services are delivered by community health nurses, child health nurses, school health nurses, health workers, health promotion staff, allied health, medical and support service staff. Some of the services delivered may include parent volunteers. Community Health Services for children and young people include the following:

o Child Health Services assess children’s health and development as well as providing information for parents and carers about many aspects of parenting, maternal and family health and healthy lifestyles

o School Health Services provide a universal assessment of school aged children at school entry and subsequent early identification of issues which may affect outcomes in education and health. School Health Services also provide access to primary health care for all school students and conduct immunisation programs

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o Child Development Services provide comprehensive assessment and management of children with developmental delay and disability. Services are offered by a multi-disciplinary team which includes the disciplines of audiology, dietetics, nursing, paediatrics, speech pathology, podiatrists, occupational therapy, physiotherapy, psychology and social work

o Child and Adolescent Mental Health Services provide assessments and a therapeutic service to infants, children, adolescents and their families. This includes a community child and adolescent mental health nurse who conducts assessments and interventions in the home, community and schools. Aboriginal mental health workers deliver services in the home and community. There is also a clinically based service with clinicians from multidisciplinary backgrounds including psychiatry, clinical psychology and social work

o Mobile health services for at-risk young people provide access to primary health care services for at risk youth

o Community Mothers’ Program. In this program, volunteer mothers trained by community nurses work supporting other mothers in the community

o Community child health nursing services in nursing posts o Outpatient clinics, medical imaging departments and pathology

services at a children’s hospital. Out of Scope Examples

general practitioners or paediatricians in private practice (unless they also carry out child-related work in connection with ‘a ward of a public or private hospital in which children are ordinarily patients, a counselling or support service or a child health community service’, in which case they will require a WWC Check under that category)

health programs run through community health centres which target the general community, such as sexual health programs, unless within these programs unless people are providing counselling, assessment, treatment and support services provided directly to people under 18 years of age

health professionals working in Mental Health in-patient facilities catering for patients 18 years and over unless they are providing counselling and support services to children family members of adult patients.

Category 10 A counselling or other support service Scope The term “counselling or other support service” is not defined in the Act. Counsellors train in the "talking therapies" and are able to help with most personal issues such relationships, grief, stress etc, and is a therapy for most emotionally based issues. In general terms, the WWCSU interprets the term “counselling or other support service” as referring to services designed to help people achieve some kind of remedy or treatment for a problem of a personal, emotional or psychological nature. Note that the meaning of “other support service” is limited by its use in connection with “counselling”.

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A child may receive the counselling or support service individually or in a group (including the family) as the ‘signature’ client/patient. Alternatively the adult may be the ‘signature’ patient and the child may receive services as part of the adult’s treatment or to assist the child to cope with the illness/problem of the adult. In Scope Examples of a counselling or other support service targeted to children (the child is the ‘signature’ patient /client):

individual, group counselling or therapeutic treatment services for children provided by counsellors such as psychologists, psychiatrists and nurses. Other staff at the counselling service (such as reception or other support staff) may also have contact with children as part of their usual duties (this refers to reception or other staff who are regularly involved in assisting children e.g. to fill out forms or complete tasks with children and it is part of their usual duties, rather than a receptionist who attends to booking/admin/information tasks and may just have incidental contact with children who are in the waiting room.

those providing bereavement counselling to children e.g. some staff from John of God Murdoch Community Hospice or other specialized service

those providing counselling and support to children who have illnesses e.g. cancer, diabetes

cancer support services for young people telephone counselling – e.g. Kids Helpline ‘day camps’ for ‘at-risk’ youth staff working in Child and Adolescent Mental Health Services whose usual duties

involve or are likely to involve contact with a child. speech pathologists and occupational therapists providing support services to

children. people working assisting mothers with breastfeeding, if they have contact with

children as part of their usual duties of counselling breast feeding mums health professionals such as nurses and psychiatrists, who are members of the

Mental Health Emergency Response Team, provide services directly to adults and to children. This team counsels and assesses people of all ages suffering severe mental health crises to determine whether they should be medicated or hospitalized

professionals providing counselling and other support services to children, who have been admitted to ADULT mental health wards where children are NOT ordinarily patients. Examples include the psychologist, psychiatrist, social worker whose usual duties include contact with those children in provision of therapeutic/ counselling services. i.e. persons out of scope under category (13) may be in scope under this category (10) (In this scenario other persons working on the ward are not in scope as they are not providing counselling and other support services, e.g. orderlies or nurses not counselling the child.)

Some of the above persons providing health oriented counselling and support services may also be captured in connection with a “community child health service” or “a ward of a private or public hospital in which children are ordinarily patients. Counselling and support services also include services where Adults may be the target of the service (the signature patient/client) but children are part of the clientele of these services only if:

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children are part of the counselling or therapeutic treatment of adults, such as in family therapy or where a parent, who is the signature patient, has a serious illness (including a mental illness) and counselling is undertaken with the whole family.

children are part of the clientele in the case management plan. For example, a parent suffers from a motor neuron illness or a psychosis, and the psychologist or social worker counsels the children to cope with the impact of the serious illness, and what to do if the parent becomes ill or needs additional help.

In Scope Examples include

allied health professionals who visit the family home to counsel and support the children as part of the case management plan, to assist children to cope emotionally and to know what to do if the parent becomes ill or needs assistance e.g. at the onset of a depressed or psychotic state, or an epileptic seizure

staff where involving children is part of the therapeutic treatment of adults.

Category 13 A ward of a public or private hospital in which children are ordinarily patients

Scope The term “ward” is not defined in the Act or in other legislation. This category applies only to people who have contact with children, as part of the usual duties of their work, on wards of private or public hospitals in which it is ordinary for children to be patients i.e. wards where the presence of children is an ordinary and common occurrence, not extraordinary or unusual. Staff having contact with children as part of their usual duties in emergency departments and operating theatres in which children are ordinarily patients (WA Health considers an emergency department to be a ‘ward’ for the purposes of the WWC legislation) This includes all wards in a children’s hospital, Bentley Hospital (Child and Adolescent Psychiatry) and certain wards (including mental health wards) of hospitals where adolescent children are ordinarily on wards with adults. The WWCSU interprets “in connection with” a ward of a public or private hospital in which are ordinarily patients as work that occurs on the ward. IN Scope Examples

medical, nursing and allied health staff and support services staff – including paediatricians, psychiatrists, midwives, nurses, doctors, social workers, physiotherapists who provide services on the wards at a children’s hospital or wards of other hospitals in which children are ordinarily patients, and where their usual duties involve or are likely to involve contact with those children

support services staff e.g. orderlies, catering staff and cleaners working on a ward, if the usual duties of their work involves or is likely to involve contact with a child

volunteer “visitors” having contact with children on these wards (this does not include friends and relatives who visit patients at hospital wards)

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health professionals providing pathology services, medical imaging/ sonagraph services, dentistry and the like ONLY if they provide these services to patients ON the ward and their usual duties involve contact or likely contact with a child patient (NB medical imaging technologists and sonographers employed at a children’s hospital are also with scope of the legislation in accordance with part (3) (a) (vii) - community child health service).

external contractors working in a child-related capacity on a ward as defined above e.g. Visiting health practitioners

general practitioners with admitting rights if this means that have contact with their patients on “a ward of a public or private hospital in which children are ordinarily patients” e.g. hospital ward, theatre

Out of Scope Examples

medical, allied health and support staff providing services that involve contact with a child on a ward of a hospital to which the admission of a child is not ordinary or common. note Where children are occasionally admitted to adult wards (wards for people over 18 years) (including mental health wards) where children are not ordinarily patients, those people providing counselling and other support services to these children on adult wards will be in scope under category (10). Examples include the psychologist/psychiatrist/social worker counselling the child. Other staff on these wards are not in scope under either category (10) or (13) as they are not having contact with children as part of their usual duties in connection with either a counselling and other support services or a ward where children are ordinarily patients)

people providing pathology, medical imaging and sonography services and the like to children who are inpatients of the hospital, if they provide these services OFF the ward UNLESS they also provide these services in outpatient clinics at a children’s hospital.

People working in outpatient clinics unless: o they also provide services to a child as an inpatient and they physically go to

the ward to deliver this service. (This must be a ward in which children are ordinarily patients)

o they provide counselling to a child in any area of WA Health o clinics are part of child/community health service such as at a children’s

hospital administrative support and clerical staff whose usual duties do not involve contact

or likely contact with a child persons contracted to provide maintenance or deliver goods to the ward. Such

persons’ usual duties (e.g. plumbing) are not child-related and are not specific to the wards of a hospital where children are ordinarily a patient

general practitioners or paediatricians in private practice unless they also carry out child-related work in connection with “a ward of a public or private hospital in which children are ordinarily patients”, in which case they will require a WWC Check under that category

sleep technologists where they provide their services in a unit or department of a hospital that is NOT considered “a ward of a public or private hospital in which children are ordinarily patients”.

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Category 14 A babysitting or child minding service, but not including an informal arrangement entered into for private or domestic purposes

Scope This category captures:

work carried out for commercial baby-sitting agencies child minding services that are not licensed child care services (licensed child care

services are defined under s.198 of the Children and Community Services Act 2004 and are already captured by s6(1)(a)(i) of the WWC Act).

In Scope Examples

formal child-minding services arranged in health services during school holidays. Out of Scope Examples Examples of work which are not considered to be child-related work as defined under the WWC Act and therefore do not require WWC Checks include:

private baby-sitting organised informally between friends e.g. baby-sitting clubs for neighbours, or by friends of the parents etc

babysitting or child-minding provided by a relative the receptionist and administrators in areas where formal child minding services are

conducted, where the usual duties of the work do not involve contact or likely contact with a child.

Category 15 An overnight camp, regardless of the type of accommodation or how many children are involved Scope This category captures a range of overnight camps and is not limited by the type of accommodation used or the number of children involved. Overnight camps for children are provided in many bush and urban settings and use a variety of accommodation types. In Scope Examples

health professionals and volunteers involved in an overnight camp including the parents of children who are working in the camp/s (e.g. a hospital organised camp for diabetic children under 18 years of age)

caretakers of campsites who are in child related work or are involved in supervising activities involving children attending the camp

people carrying out child-related work for a camp outside of WA, where the employees or volunteers join the children on camp in WA or return to WA with the children [Note that people involved in interstate camps may also need to comply with the criminal record checking requirements of the relevant state or territory camp destination. Links to relevant websites are provided on the website at www.checkwwc.wa.gov.au.]

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the parent of a child attending the overnight camp, even if the parent is accommodated elsewhere, provided the parent is formally participating in the camp as a volunteer supervisor, organiser or similar.

Out of Scope Examples

adults and parents who are participants in a camp involving children but who are not doing child-related work.

campsite cook or the grounds person who has no contact or role with children.

Category 16 A transport service specifically for children Scope This category applies to services that are provided specifically for the transportation of children. Services are not in scope if they are provided to the general community and are used by children as part of that service. In Scope Examples

paid or voluntary persons specifically transporting children ( people under 18 years of age for a health care facility (unless a volunteer who also has a child who ordinarily uses the service).

Out of Scope Examples transport services providing services to the general community and not established

or provided specifically for children parents transporting children as part of an informal arrangement with other parents.

These examples were developed by the Workforce Division of the Department of Health in association with the WWC Screening Unit. Disclaimer – this document provides summary guidelines on the scope of child-related work only. Representations are subject to the WWC Act and Regulations

Government of Western Australia Department of Health

GN2 WWC CHECK RESPONSIBILITIES

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Steps and Responsibilities

Category Identify if a WWC Check is required

Ensure Application for WWC Check is

undertaken

Confirm and Record Evidence of WWC Check/Card

Review and Manage WWC Check Outcomes

Arrange Subsequent WWC

Checks

Employee Line Manager HCN ES and Line

Manager

HCN ES and Line Manager

HCN ES to record in

HRIS

HCN ES

Health Service Workforce/Human

Resources Director (or equivalent) and HR Manager to manage

WWC outcomes

Employee

Delegated Officers to follow up WWC cards that will soon expire

Medical practitioner

Line Manager

HCN ES and Line Manager/Health Service Medical Administration

HCN ES and Line Manager/Health Service Medical Administration

HCN ES to record in

HRIS

HCN ES

Health Service Workforce/Human

Resources Director (or equivalent) and HR Manager to manage

WWC outcomes

Medical practitioner

Delegated Officers to follow up WWC cards that will soon expire

Student on practicum placement

Education provider in consultation with

Line Manager Education provider

Education provider and Line Manager

Education Provider Student

Health Service volunteer

Volunteer Coordinator or

supervisor

Volunteer Coordinator or

supervisor

Volunteer Coordinator or supervisor

Volunteer Coordinator or supervisor

Volunteer

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Steps and Responsibilities

Category Identify if a WWC Check is required

Ensure Application for WWC Check is

undertaken

Confirm and Record Evidence of WWC Check/Card

Review and Manage WWC Check Outcomes

Arrange Subsequent WWC

Checks

Work experience placement (aged 18 and over)

Line Manager in consultation with HR

Line Manager/HR Department

Line Manager Line Manager N/A

Casual nurse referred by NurseWest

Line Manager in consultation with

NurseWest NurseWest

NurseWest on Cascom

HCN ES in HRIS NurseWest

Employee

NurseWest to follow up WWC cards that

will soon expire Agency nurse referred by NurseWest

Nurse Manager in consultation with

NurseWest External Agency

NurseWest on Cascom

NurseWest Agency Nurse

Agency staff (other)

Line Manager in consultation with External Agency

External Agency Line Manager and External Agency

External Agency Agency staff member

Contractor Contractor in consultation with relevant Manager

Contractor Contractor and

Manager Contractor Contractor

GN3 WWC SCREENING UNIT FACTSHEETS

A variety of Working with Children Screening Unit Factsheets and related documents are available on the WWCSU website or by accessing the relevant link below. Factsheets Factsheet 1: What is "Child-Related Work"? Factsheet 3: Information for Employers and Volunteer Organisations Factsheet 4: Class 1 and Class 2 Offences Factsheet 5: Child-Related Work and Exemptions Factsheet 6: Information for Employees and Volunteers Factsheet 9: Information for the Health Sector Factsheet 10: WWC Checks in the Education Sector Factsheet 11: Information for the Sport and Recreation Sector Factsheet 12: Application Process for Interstate Employees and Volunteers Factsheet 13: Information for Self Employed People Factsheet 14: Information for Students Factsheet 16: The Parent Volunteer Exemption Factsheet 17: Information for Education Providers Other documents WWC Check Summary of the Key Features Child Safe and Friendly Organisations Constable Care and WWC Check Flyer - Information for parents Employer Responsibilities Summary Flyer Working with Children Check Booklet

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