Working with Children Checks and other Suitability Checks for School Volunteers and Visitors

Policy

The purpose of this policy is to ensure schools and school leaders understand and comply with the legal requirements for undertaking suitability checks including Working with Children Checks for volunteers and visitors who work with children in government school environments.

Note: All references to 'schools' in this guidance includes school boarding premises.

Summary

• Schools must establish and implement school-level policies and procedures to assess and verify the suitability of volunteers and visitors who engage in child-related and child-connected work. These may exceed the requirements of the Worker Screening Act 2020 (Vic) if required. For guidance about child-related or child-connected work, refer to the Guidance tab.
• Working with Children Checks are required by law for people who engage in child-related work (whether paid or unpaid) as defined in the Worker Screening Act 2020 (Vic).
• Schools must comply with the volunteer child safety screening requirements of Ministerial Order 1359 – Implementing the Child Safe Standards – managing the risk of child abuse in schools and school boarding premises (PDF).
• In assessing what suitability checks should be undertaken, schools must consider the child safety risks relevant to the volunteer or visitor’s role. For guidance in assessing risks, refer to the Guidance tab.
• For information relating to suitability checks for all school employees refer to Suitability for Employment Checks and the Recruitment in Schools Policy and Guidelines.

Details

School leaders and school councils have a vital role in establishing a child safe culture through implementing and reviewing child safe policies and practices to minimise child abuse risks.

Victorian legislation requires schools, and other organisations working with children, to take specific steps to minimise the risk of child abuse. Both the Worker Screening Act 2020 (Vic) and Victoria’s Child Safe Standards establish requirements for schools to appropriately screen adults who will be working with children.

Note that in this policy, a reference to ‘visitors’ also includes a reference to contractors engaged by the school and employees of contracted service providers engaged by the school.

Schools and school councils must:

• establish and implement school-level policies and procedures to assess and verify the suitability of volunteers and visitors who engage in child-related and child-connected work. Schools can establish local policies that exceed the requirements of the Worker Screening Act 2020 (Vic) if required.
• comply with the Worker Screening Act 2020 (Vic) requirements to ensure that all adults engaging in child-related work (see definition below), whether paid or unpaid, have a current Working with Children Clearance (issued as the successful outcome of a Working with Children Check). For more information about when a Working with Children Check is required to be undertaken refer to the Guidance tab.
• comply with the requirements of Ministerial Order 1359 – Implementing the Child Safe Standards – managing the risk of child abuse in schools and school boarding premises (PDF) to:
  • sight, verify and record the person’s Working with Children clearance, if the person is required to have a clearance in accordance with the Worker Screening Act 2020, or any equivalent background check
  • consider the child safety risks relevant to the volunteer’s role and, if reasonable and appropriate, collect and record:
    • proof of personal identity
    • information about any essential or relevant professional or other qualifications
    • the person’s history of work involving children
    • references that address the person’s suitability for the job and for working with children
• consider the child safety risks relevant to any volunteer role and assess what suitability checks should be undertaken. For more information about determining what additional checks may be appropriate, see Guidance tab.
• follow this policy regarding suitability checks for volunteers and visitors (for employee checks refer to: Suitability for Employment Checks and the Recruitment in Schools Policy and Guidelines
• verify the status of their Working with Children Clearance at least once every 12 months. The Working with Children Check website provides a Status Checker tool to assist with this process.

Once initial suitability checks have been successfully undertaken, schools must also ensure that the ongoing supervision and people management of volunteers and other adults working with children focuses on child safety and wellbeing.

For more information, including assistance with determining whether work is child-related or child-connected work, refer to the Guidance tab.

Templates are available for schools

A school-level Visitor policy template and Volunteer policy template are available on the School Policy Templates Portal (staff login required). Schools can modify the templates to suit their local circumstances.

Schools may increase requirements

The Worker Screening Act 2020 (Vic) sets out the minimum requirements in relation to Working with Children Checks.

Schools may also require anyone visiting the school or people engaged in child-connected work (who are not performing child-related work) to undertake a Working with Children Check, and/or other checks, to ensure that volunteers and visitors are adequately screened, considering the child safety risks relevant to the person’s role.

For more information on deciding when and what suitability checks may be required, refer to the Guidance tab.

Definitions

Child-related work
Child-related work:

• involves an adult working with children under 18 years old (both paid and unpaid work)
• usually involves direct contact with a child or children (physical, face-to-face, written, oral or electronic contact) and
• the contact with the child or children is a usual part of the person’s duties (and is not occasional direct contact which is incidental to their work).

Child-connected work
Child-connected work means:

• work authorised by the school governing authority and performed by an adult in a school environment while children are present or reasonably expected to be present, or
• for the purposes of a school boarding premises, work authorised by the provider of school boarding services in a school boarding premises environment while children are present or reasonably expected to be present.

Definitions related to the Child Safe Standards and Ministerial Order 1359 can be found at: Child Safety: Definitions.

Related policies

• Child Safe Standards
• Protecting Children – Reporting and Other Legal Obligations
• Reportable Conduct Scheme
• Suitability for Employment Checks
• Visitors in Schools
• Volunteers in Schools

Relevant legislation

• Education and Training Reform Act 2006 (Vic)
• Ministerial Order 1359 – Implementing the Child Safe Standards: Managing the Risk of Child Abuse in Schools and School Boarding Premises (PDF)
• Worker Screening Act 2020 (Vic)

Guidance

Introduction

This guidance assists schools in determining whether a volunteer or a visitor (including contractors or employees of contracted service providers) requires a Working with Children Check and/or other form of suitability check.

For school employees, refer to Suitability for Employment Checks and the Recruitment in Schools Policy and Guidelines.

All references to ‘schools’ in this guidance includes school boarding premises.

Determining whether the work is child-related or child-connected

To assist in deciding what suitability checks may be legally required, and additional checks that may also be appropriate for a volunteer, visitor or contractor performing child-connected or child-related work refer to Suitability Check Flowchart for Schools (PPTX).

Further information about the difference between child-related and child-connected work is provided below.

Child-related work

Working with Children Checks are legally required for child-related work

If a person is engaging in child-related work, it is a legal requirement under the Worker Screening Act 2020 that they must, at a minimum, have a valid Working with Children Clearance unless an exemption applies (see below).

Child-related work is defined in the Worker Screening Act 2020 as work that:

• involves an adult working with children under 18 years old (both paid and unpaid work)
• usually involves direct contact with a child or children, including physical, face-to-face, written, oral or electronic contact and
• the contact with the child or children is a usual part of the person’s duties and is not occasional direct contact which is incidental to their work.

An activity may be ‘child-related work’ regardless of whether the contact with a child is supervised by another person or not. This means even if a volunteer or visitor is supervised by a teacher, they must still have (and provide evidence of) a current Working with Children Clearance if they are performing ‘child-related work’.

Examples of child-related work activities

• Attendant care
• School camps
• Excursions (including swimming)
• Literacy and numeracy support
• Homework clubs, breakfast clubs, lunch clubs, leadership or cultural workshops and other student support activities
• Distance education
• Work in an early childhood education and care service on school grounds (for example, kindergarten or playgroup)

Examples of child-related work roles

• Classroom or library assistant
• Sporting, musical and other extracurricular coaches
• Canteen and uniform shop assistant
• Allied health or NDIS therapists
• Department staff who are working with children
• Special Religious Instruction instructors
• Chaplains
• School camp or excursion support
• Mentors and guides from partner organisations
• Volunteering in the classroom (in any capacity)

Note: a parent volunteering in an activity with their child or a parent or carer who is closely related to all the children they are undertaking the activity with is exempt from requiring a Working with Children Clearance under the Worker Screening Act.

However, the department recommends that schools require anyone who volunteers regularly or who assists with excursions, camps or similar events obtain a Working with Children Clearance given the contact volunteers may have with other students in these situations.

For more information about the occupational categories that fall within the legal definition of ‘child-related’ work, refer to Working with Children Check Victoria.

When a Working with Children Check is not legally required – exemptions

A person is exempt from needing a Working with Children Clearance if they are any one of the following:

• a registered teacher in Victoria
• a parent volunteering in an activity with their child
• under the age of 18
• a student who is 18 or 19 years old volunteering or on placement, organised by an educational institution
• closely related to all the children they are undertaking the activity with
• a Victoria or Australian Federal Police officer.

Even if a person is legally exempt, they may still be required to get a Working with Children Clearance if the school requires it as part of their Visitors Policy or Volunteers Policy. This ensures that volunteers and visitors are adequately screened, considering the child safety risks relevant to the person’s role.

The department recommends that schools require anyone who volunteers regularly or assists with excursions, camps or similar events obtain a Working with Children Clearance given the nature of the contact volunteers may have with other students in these situations.

When a registered teacher or police officer invokes an exemption, they need to provide evidence. For example, a teacher needs to show their VIT registration and a police officer needs to show their warrant card.

Schools may establish local policies to increase requirements for child-related work

The Worker Screening Act 2020 (Vic) sets out the minimum requirements in relation to Working with Children Checks.

Schools may also require anyone visiting the school and people engaged in child-connected work (who are not performing child-related work) to undertake a Working with Children Check, an/or other checks, to ensure that volunteers and visitors are adequately screened, considering the child safety risks relevant to the person’s role.

For more guidance on circumstances when a Working with Children Check is required under the Worker Screening Act 2020, visit Working with Children Check Victoria.

For information on suitability checks for employees, refer to: Suitability for Employment Checks and Recruitment in Schools.

Considerations relevant to suitability checks for child-related work

In assessing what suitability checks should be undertaken, schools must consider the child safety risks relevant to the volunteer or visitor’s role. Factors to consider may include:

• the type of work being undertaken
• the location where the work will be performed
• the time of day when the work will be performed
• how much time the person spends on school premises to perform their work while children are present
• how the person will be supervised
• whether the individual will be able to move freely around the school without staff members accompanying them or in close proximity to staff members
• reasonable expectations of the school community in screening requirements for this type of volunteer or visitor
• reasonable precautions to supervise visitors and volunteers, including their contact with children, where this is considered necessary.

Child-connected work

Consider what suitability checks your school will require for child-connected work

Under the Child Safe Standards, for child-connected work, schools must make decisions on what suitability checks they will require, considering the child safety risks relevant to the person’s role.

Templates for school-level visitors and volunteers policies are available on the School Policy Templates Portal (staff login required). Schools can modify the templates to suit their local circumstances.

Child-connected work means:

• work authorised by the school governing authority and performed by an adult in a school environment while children are present or reasonably expected to be present, or
• for the purposes of a school boarding premises, work authorised by the provider of school boarding services in a school boarding premises environment while children are present or reasonably expected to be present.

Examples of child-connected work activities

• Fete or fundraising activities, where children are reasonably expected to be present
• Working bee assistance, where children are reasonably expected to be present
• Parents’ and friends’ clubs
• Volunteering at school events but not working directly with children (for example, ushering at a concert)

Examples of child-connected work roles

External tradespeople, for example, gardening, building and grounds maintenance.

Working with Children Checks for volunteers and visitors engaged in child-connected work

Schools may require some or all volunteers and visitors engaged in child-connected work to have a Working with Children Check before commencing work.

It is the responsibility of the principal to determine if a Working with Children Check is required, considering the child safety risks relevant to the person’s role. If the contact with a child or children is occasional direct contact which is incidental to the work being performed, then a Working with Children clearance may be deemed unnecessary.

Refer to the Suitability Check Flowchart for Schools (PPTX) for more guidance. It is recommended that schools err on the side of caution and require a Working with Children Check when they are unsure, or it is not clear.

Other suitability checks – child-related and child-connected work

Additional suitability checks for contracted service providers

Separately to Working with Children Checks, which are covered above, for visitors who are contracted service providers or employees or intermediaries of contracted service providers who are engaged in child-related work, schools must collect and record:

• proof of the person’s identity
• information about any essential or relevant professional or other qualifications
• the person’s history of work involving children and
• references that address the person’s suitability for the job and for working with children.

Note that this requirement only applies to contractors who are considered ‘school staff’ as defined in Ministerial Order 1039 and engaged to perform child-related work. For example, a Chaplain employed by a contracted service provider engaged by the school who is working directly with children to provide welfare support.

Additional suitability checks for volunteers

Separately to Working with Children Checks, which are covered above, for volunteers who are engaging in child-connected work, the school must consider the child safety risks relevant to the volunteer’s role and, if reasonable and appropriate, collect and record:

• proof of the person’s identity
• information about any essential or relevant professional or other qualifications
• the person’s history of work involving children and
• references that address the person’s suitability for the job and for working with children.

Volunteer recruitment

When recruiting volunteers who will undertake child-connected work, schools should consider the child safety risks relevant to the volunteer role and screen volunteers for their suitability during recruitment. Where reasonable and appropriate, schools can develop questions to include in volunteer selection processes relevant to the role.

For roles that are assessed as having greater child safety risks, schools may need to:

• seek personal or professional references for volunteers as appropriate
• ask referees about the person’s character and experience in working with children and young people
• ask whether the referee has any concerns about the volunteer working with children and young people.

An example of where this might be appropriate is a volunteer who is directing the school musical or volunteering to coach a school’s sports team.

Resources

Templates and flowcharts

• Templates for a school-level Visitors policy and Volunteer policy are available on the School Policy Templates Portal (login required). Schools can modify the templates to suit their local circumstances.
• Suitability Check Flowchart for Schools (PPTX) – to help decide what suitability checks may be appropriate for a person (volunteer, visitor, contractor) doing child-related vs child-connected work.
• Working with Children Status Checker – the Status Checker can check and record the status of multiple applications or cards.

Useful websites

Working With Children Check – a Victorian Government website that provides guidance on when a Working With Children Check is legally required.

Training

Child Safe Standards Training presentation for volunteers.