The South Australian Government has updated its child-related work screening policy to make it easier for parents and guardians to volunteer their time at schools and preschools. In response to the Royal Commission into Institutional Responses to Child Sexual Abuse’s (Royal Commission) Working with Children Checks Report (Report) released in August 2015, the Department for Education and Child Development (Department) has amended its approach to the extent of history screening required for parents and guardians when volunteering to support their own child’s education at government institutions.

The law

In South Australia section 8B(1) of the Children’s Protection Act 1993 requires non-government organisations providing services to children to ensure that before a person is appointed to, or engaged to act in, a ‘prescribed position’ in the organisation an assessment of the person’s relevant history is undertaken. A ‘prescribed position’ is one that includes regular contact with, or close proximity to, children unless directly supervised at all times.

This requirement applies to employees, volunteers, agents, contractors and subcontractors subject to exemptions found in the Children’s Protection Regulations 2010. Regulation 14(1)(b) provides that a person who undertakes work on a voluntary basis to provide a service in their capacity as a parent or guardian of a child who is ordinarily provided with the service does not have to be screened. The Department’s new policy clarifies this exemption by adding restrictions to it.

Changes to policy

The South Australian Government is not changing the legislation or regulations, but rather the Department is clarifying its policy to ensure that its guidance is consistent with a recommendation made by the Royal Commission.

The change adds exceptions to the operation of the exemption under Regulation 14(1)(b).

The Department’s new policy follows the Royal Commission’s recommendation that ‘parents or guardians who volunteer for the services or activities that are usually provided to their children, in respect of that activity, are exempt from screening, except in respect of overnight excursions or stays, and providing services to children with disabilities, where the services involve close, personal contact with those children.’

Starting from 25 January 2016, parents and guardians volunteering in both government schools and preschools will no longer be required to undertake child-related history screening unless they are going on overnight stays or assisting a child with a disability. It is unclear if this policy will also apply for non-government schools.

In summary, screening will still apply to:

• volunteers who are not parents or guardians;
• parents or guardians volunteering with children with disabilities; and
• all persons attending overnight camps and school sleepovers.

The Minister for the Department of Education and Child Development Susan Close said ’the changes will ensure there are no unnecessary barriers to them volunteering. Where possible with our current legislation, we have aligned amendments to be consistent with recommendations in the Working with Children Checks report’.

Royal Commission’s exemption recommendations

The Department’s policy update came as a direct result of the Royal Commission’s lengthy Report. One major criticism the Royal Commission had in its Report was the unjustified inconsistencies in schemes across Australia. The Report consists of a number of recommendations including harmonising the jurisdictions’ exemptions.

The Commission examined all the exemptions and exclusions presently available across the various working with children check schemes to determine which of those to include in the recommended list. Six exemptions were proposed, taking into account the impact of a particular exemption on protecting children against sexual abuse and the likely impact on administration and effectiveness of working with children checks if the exemption was included or excluded from the list. Number six on the list is ‘Parent volunteers’.

Acknowledging that parents can use their own children to access and groom potential victims, the Royal Commission noted that:

• participating in activities or services for their children is intrinsic to being a parent and should be encouraged;
• requiring parent volunteers to get a WWCC would intrude unnecessarily on children’s development and family time, and prove over burdensome;
• parents already interact with children in a wide variety of settings’ and
• there are many other strategies critical to making organisations child-safe including family and community involvement and supervision.

For more information about the Report see our article ‘Royal Commission recommends a national Working with Children Checks scheme’.

Implications for schools

South Australian government schools should ensure that their school’s WWC policies and child-related screening procedures are consistent with the Department’s latest guidance and communicate the changes in policy with their school community. It may also be the case that non-government schools can adopt the same approach.

Interestingly, the Commission acknowledged that while risks to children may arise from the exemption, it is confident that these risks can be managed appropriately through broader child-safe strategies and risk management safeguards, as well as exercising parental responsibility for children. Schools should ensure that their risk management systems are effectively implemented to manage any child protection risks.

While this policy change essentially affects only South Australian government schools, the implications of that State’s adoption of yet another recommendation from a Royal Commission final report are widespread. The Royal Commission’s recommendation for a national scheme to ensure that all States and Territories have the same working with children requirements and exemptions has not yet been adopted by the Federal Government.

This policy change in South Australia highlights the importance of the Royal Commission’s reports, and those from jurisdictional inquiries, and how they can prompt policy or legislative changes in a State or Territory.