Premier & Cabinet

Type:
Department of Premier and Cabinet Circular
Identifier:
C2000-73
Status:
Archived

C2000-73 Disclosure - Commission for Children & Young People

Description

Under Section 39 of the Commission for Children and Young People Act 1998, it is a requirement that employers notify the Commission of the particulars of any employee against whom completed relevant disciplinary proceedings have been undertaken by the employer. Employers must also notify the Commission of any completed relevant disciplinary proceedings, which have occurred in the five (5) year period prior to the legislation coming into effect.

Detailed Outline

In response to the recommendations from the 1997 Wood Royal Commission into the NSW Police Service, the NSW Parliament enacted legislation to reduce the risk of abuse of children and young people by those entrusted with their care. The child protection employment legislation, known as the "Working with Children Check", commenced on 3 July 2000 and comprises Part 7 of the Commission for Children and Young People Act 1998, and the Child Protection (Prohibited Employment) Act 1998. In accordance with Section 35 of the Commission for Children and Young People Act 1998, guidelines in relation to the "Working with Children Check" have been established. An electronic version of the guidelines is available at www.kids.nsw.gov.au/check.

The legislation prohibits convicted sex offenders from working with children and young people, and broadens the checking of those who want to work with children and young people. The check is a structured process involving a national criminal check, a check of relevant Apprehended Violence Orders, and a check relating to completed relevant disciplinary proceedings.

Under Section 39 of the Commission for Children and Young People Act 1998, it is a requirement that employers notify the Commission of the particulars of any employee against whom completed relevant disciplinary proceedings have been undertaken by the employer. Employers must also notify the Commission of any completed relevant disciplinary proceedings, which have occurred in the five (5) year period prior to the legislation coming into effect.

For the purposes of child protection employment legislation, relevant disciplinary proceedings include any action taken to investigate matters that have been the subject of allegations involving any of the following matters:

  • Child abuse
  • Sexual misconduct, or
  • Acts of violence committed by the employee in the course of employment.

It is only a requirement to notify the Commission of sexual misconduct or acts of violence in the workplace where these acts:

  • involve children
  • are directed at children, or
  • take place in the presence of children.

It is not necessary to notify the Commission where completed relevant disciplinary proceedings have proven the allegations to be false, vexatious or misconceived.

For the purposes of these procedures allegations are considered:

  • False if investigation has concluded that the alleged conduct did not occur
  • Vexatious if investigation concluded that the allegation was made without substance and with the intent of being malicious or to cause distress to the person against whom the allegation was made
  • Misconceived if investigation has concluded that, whilst the allegation was made in good faith, a misunderstanding on behalf of the person making the allegation occurred.

For the purposes of the Commission's requirements, a disciplinary matter is considered completed once the employer or professional body has reached a point where the investigation of the matter has concluded and a finding has been reached, irrespective of whether disciplinary action is yet to be initiated.

Completed relevant disciplinary proceedings also include processes which have been completed at the instigation of the employee, that is, those circumstances where an employee terminates their employment by their own choice prior to an employer having the opportunity to finalise the disciplinary process.

It is the responsibility of all Chief Executive Officers to ensure that the completed relevant disciplinary proceedings undertaken within their agency since 3 July 1995 are referred to the Commission for Children and Young People as a matter of priority. Nil returns should also be submitted to the Commission.

For notification of completed relevant disciplinary proceedings, please find enclosed, "Attachment 8 - Completed Relevant Disciplinary Proceedings" form as provided in the "Working with Children Check - Guidelines for Employers".

Enquiries regarding this matter are to be referred to Ingrid Nitchell, Co-ordinator, Employment Screening at the Commission for Children and Young People on 9286-7217.

C. Gellatly
Director-General

Issued:
Contact: Robert Horrocks
Telephone: (02) 9228 4263
Email: [email protected]

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Dec 11, 2000
Review Date
Dec 31, 2014
Replaces
Replaced By

Contacts

Contact
Contact us
Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Department of Premier and Cabinet