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Royal Commission recommends a national Working with Children Checks scheme

19/08/15
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The Royal Commission (Commission) this week released its final report on the Working with Children Checks (WWCCs) regime in Australia. The Commission has recommended that a national WWCC scheme be introduced with the aim of strengthening the level of protection children receive through these checks. We have previously reported on various Commission proposals and case studies, however this is its first report which outlines solid recommendations and sets a timeline for their implementation.

Inconsistencies in the jurisdictions

As most of our readers would be aware, individual background checking schemes exist in each State and Territory for people seeking to engage in child-related work, however they are all inconsistent. The Commission has identified these inconsistencies as a barrier to improved child protection in Australia and it has proposed a national model to combat difficulties that arise from such inconsistencies.

The first obvious inconsistency between jurisdictions is the variance in terms or phrases given to the specifics of each scheme and the schemes’ names derived from legislation (i.e. Working with Vulnerable People, WWCC, Blue Cards). Then there are inconsistencies in defining ‘child-related work’ and how each jurisdiction conducts the application process and assessment procedure for WWCCs. For example, all jurisdictions consider the applicants’ criminal history. However the ACT, Victoria and Tasmania also look to any disciplinary action against the person whilst Western Australia and South Australia do not.

The only consistency is that all adults seeking to work with children are required to undergo some form of pre-employment screening.

The Commission, in making its recommendations for a national model, has taken all existing schemes into account and combined what, in its opinion, are the most effective elements to establish the national model.

The Commission’s recommendations and time frame

The national model would introduce consistent standards and terminology, as well as establishing a centralised WWCC database to facilitate cross-border information sharing. Unlike previous recommendations in research papers and case studies, the Commission has outlined strict time frames for the implementation of recommendations for both the Commonwealth and State and Territory governments.

The Commission’s proposed national WWCC scheme will include:

  • a standardised approach to WWCCs including one set of terminology, definitions and assessment procedures;
  • a system for WWCCs to be portable across jurisdictions eliminating unnecessary costs and delays;
  • assistance for organisations and people working across jurisdictions, reducing complexity and duplication under various schemes;
  • the elimination of the opportunity for ‘forum shopping’ where potential perpetrators choose to work in locations with a reputation for less rigorous checking;
  • an improvement in information sharing so that there is continuous monitoring of WWCC cardholders’ national criminal history records;
  • requirements for all religious leaders and officers or personnel of religious organisations to have WWCCs;
  • the denial of appeals by those who have been refused a WWCC due to certain serious offences against children; and
  • the removal of conditional or role-based registration under certain schemes.

The Commission wants all jurisdictions to amend their WWCC laws within the next 12 months to include the Commission’s recommendations as the first step towards a harmonised WWCC model.

Problems with harmonisation

The proposal by the Commission stands to solve numerous existing problems, however the difficulty lies in how to achieve its vision. The Commission has recommended that States and Territories through the Coalition of Australian Governments (COAG) work together to implement the proposed changes, using the organisation as a platform to discuss and agree on standard definitions and specific offences for a national model. The Commission hopes that the COAG will act as a forum in which the difficulties of implementation may be overcome.

Practical difficulties may arise for some jurisdictions in the adoption of a national model. The ACT and Tasmania for example, have Working with Vulnerable People (WWVP) checks that encompass background checking for all adults wanting to work with a broader category of ‘vulnerable people’. This legislation covers work with disadvantaged adults and child-related work. These jurisdictions will be confronted with the challenge of amending their WWVP schemes to comply with a national model which may prove costly or time consuming.

The bolstering of the WWCC model to a national standard may also lead to complacency within the various jurisdictions. This may be because, as the Commission has warned, a national model to ensure strict control of who is working with children may cause other child protection measures to fall away or lose priority.

Support for a national model

Despite the possibility of administrative and procedural difficulties moving forward with a national model, the Commission’s recommendation has been heralded by national child protection advocate Bravehearts. Research manager Carol Ronken told the ABC that Bravehearts definitely supports a system that adds consistency across the states and territories. Ms Ronken warned that different requirements in jurisdictions can create some ‘huge issues’ and gaps in the system. The organisation reports hearing of instances where someone with a criminal history in one state, was able to volunteer without issue at a school in another state. Ms Ronken also suggested that WWCCs should include other elements of assessment such as employment history.

What do schools need to do?

The publication of the Report and its recommendations formalises the need for national reform and it is the first step in trying to achieve change. But the Report has emphasised that while an important tool, WWCCs in the absence of broader child protection policies do not make organisations safe for children. An over-reliance on WWCCs, the Commission warns, can be detrimental to child safety as they provide a false sense of comfort to schools, parents and school communities.

WWCCs will only contribute to keeping students safe if schools use these checks in the context of a broader child-safe strategy. Irrespective of any legislative changes to come, schools should be incorporating principles of appropriate leadership, governance and culture, and recruitment methods within the school, as well as training staff on effective child protection policies and procedures within their school.

While there has been no legislative change that schools need to be concerned with at this stage, the Commission has imposed a strict time line on States and Territories for the development of the national scheme that could considerably affect the manner in which schools require, report and record WWCCs for all their staff.

 

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About the Author

Cara Novakovic

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