Recruitment in Schools

Employment

The processes following the selection decision can be illustrated as follows:

Pre-employment checks

The department has a responsibility to ensure the safety of all children and employees, and to maintain the security of assets by requiring and maintaining high standards of professional conduct from employees.

The department must be satisfied that only people who meet the highest standards of probity and suitability are employed.

To ensure the department meets its obligations set out above, prior to a person being offered employment in the teaching service the principal, as the delegate of the Secretary, must be satisfied that the person:

• is a fit and proper person and is suitable for child-connected work,
• has had successful child-connected work and suitability for employment checks undertaken,
• is registered with the Victorian Institute of Teaching (VIT) if employed as an assistant principal or teacher or has permission to teach if employed as a paraprofessional, or
• for any other employee, has a current Working with Children Check(WWCC)
• has had a satisfactory criminal records check (where required),
• meets the qualification requirements (where relevant) for their classification,
• meets the medical requirements,
• has not been the recipient of a separation package which carries current re-employment restrictions,
• has no employment or re-employment restrictions placed on them, and
• is an Australian citizen or a permanent resident in Australia under any law of the Commonwealth or entitled to permanent residency in Australia under any law of the Commonwealth, or will be resident in Victoria for sufficient periods to enable the person to undertake the duties of the position

A pre-employment checklist is provided in the resources tab to assist with the completion of these checks.

Working with Children Checks

Any person whose duties usually involve or are likely to involve work in a school (other than teachers and principals) is considered to be engaged in ‘child-related work’ as defined in the Act and will need to ensure they have provided a valid WWC Check.

Principals and managers may enquire on the status of a WWC card at any time by visiting: WWC Checkand entering a WWC Check unique number, alternatively telephone 1300 652 879. It is recommended that principals and managers regularly (and at least annually) verify the status of WWC Checks held by people engaged in ‘child-related work’ at their workplace as WWC Checks are subject to ongoing monitoring and it is possible that if an individual has a relevant change in circumstances, their WWC Check may cease to be valid.

If a principal becomes aware that a candidate has been issued an Interim Negative Notice or a Negative Notice, they must contact the Conduct and Integrity Division immediately. A Negative Notice usually means that the person is not permitted to work with children. Further information on working with children checks can be found at the suitability for employment checks topic.

Criminal record checks

A person to be employed in any education support class position with a financial delegation or responsibility (including a position that handles cash) is required to undergo a criminal record check conducted by the department in addition to the WWCC.

In addition to the above requirements, principals should consider if a criminal record check is required in addition to a WWCC in circumstances where the principal has reasonable grounds to believe a court has determined that an offence has occurred that may be relevant to the duties to be performed, such as dishonesty offences or driving offences.

Where it is determined that a new employee is required to undergo a criminal record check the principal or manager, should arrange for the applicant to complete a Consent to Check and Release National Police Record form. For further information about the conducting of Criminal Records Check, go to Suitability for Employment Checks: Overview | education.vic.gov.au

Note that a person to be appointed to any position in a non-school location that does not require either registration with VIT or WWCC must complete a criminal record check conducted by the Department in accordance with clause 3.2.6 of Ministerial Order 1388.

Only a criminal record check conducted by the department can be accepted as an alternative to determine suitability for employment. A criminal record check obtained from another source cannot be accepted as the department cannot be assured that all relevant offences were considered and, or that identity validation was performed consistent with requirements of the Australian Criminal Intelligence Commission.

Criminal history information is not retained and is securely destroyed no later than 3 months after the criminal record check process has been completed.

Suitability for child connected work check

To comply with Ministerial Order 1359 (Child Safe Standards), a child-connected work check is required to be conducted on the preferred candidate with the current or immediate past employer once the selection decision is made. Note that where the candidate’s current or immediate past employer is a school, the check must be completed with the principal of the school. This must occur before all other pre-employment checks and any employment, transfer or promotion action is taken.

For further information, please refer to the ‘Suitability for child-connected work check’ section of this guide.

Fit and proper person check

By applying for a position in the teaching service, the applicant is aware that information may be collected in order to establish whether they are a fit and proper person.

Prior to a person commencing employment, the principal must be satisfied, based on their knowledge at the time that the person is a fit and proper person as required by Ministerial Order 1388. This includes where a person is being employed for a subsequent period of employment where this information was collected more than 12 months previously.

Employment limitations or restrictions

In relation to any prospective employee, it is essential that a suitability check be undertaken prior to offering employment.

Information relating to a person's suitability is to be accessed on eduPay using the 'Suitability for Employment' panel. When the proposed employee's name (including name at birth, if different from current name) is submitted, if there is a 'Y' in the employment limitation field the principal should contact the Conduct and Integrity Division at csco@education.vic.gov.aufor advice as to whether the employment can proceed.

An employment limitation (also known as an employment restriction) is a restriction on a person’s eligibility for employment or engagement with the department, or a school council. An employment limitation may be applied when a question or concern arises about a person’s performance and/or suitability to be employed in a Victorian government school, Early Learning Victoria (ELV) centre or in another department workplace.

Interstate applicants can be checked through the National Check of Employment Status procedures. Principals should contact the Department’s Conduct and Integrity Division for assistance in relation to this process. The Conduct and Integrity Division can provide advice in relation to the person’s suitability to be employed in the position for which they have applied.

Where a principal is aware that a prospective employee is in receipt of ill-health benefits, the service provider will be notified of the offer of employment.

Fixed term employment

A person who is not an ongoing employee in the teaching service who is the successful applicant for a fixed term vacancy will be offered employment for the period of the vacancy as advertised. A person employed for a fixed period ceases employment at the conclusion of the fixed period (inclusive of any pro rata school vacation period in respect of a teacher vacancy) unless that person is employed for a further period in the same or another position.

Principals are required to make offers of employment in respect of the employment of any person not currently employed by the department or in respect of a further period of employment of a fixed term employee.

A fixed term employee employed in response to an advertised fixed term vacancy may be offered 1 further period of fixed term employment, without advertisement of the position, provided the position continues to satisfy the fixed term criteria set out above under 'duration of vacancy'. The further period of fixed term employment:

• is a separate period of employment, not an extension of the initial period of employment,
• can be for the same duration as the initial period of employment or for any shorter period but not less than 30 working days, and
• is subject to normal pre-employment processes

Employment of an overseas person

In circumstances where there are difficulties recruiting suitably qualified employees, a principal may consider offering employment to a suitable person from overseas. Further information is available at: Employment and Sponsorship of Overseas Workers.

Employment offer

Employment offersshould be made in writing clearly setting out the terms of the offer. It is essential that child safety screening checks are undertaken before an offer of employment is made.

It is essential that Principals are satisfied that the person meets the pre-employment requirements set out above.

Offers of employment are to include:

• period of employment
• where a position is fixed term, the reason why the position is fixed term
• time fraction
• number of days of attendance during school vacation periods (only for education support class and only where attendance was specified in the advertisement)
• commencement salary
• any probationary period
• terms and conditions of employment

Template letters of offer are available on the forms page or can be accessed via the resources tab.

*Note: It is sufficient to incorporate by reference relevant legislation, Ministerial Orders and industrial instruments, relevant policy or a statement of duties that attach to the position. Where this is done, the offer should advise the employee where these documents can be accessed.

People and Workplace Relations (schools) Division will prepare a contract of employment offer in respect of assistant principal positions.

To avoid uncertainty regarding the terms of employment, a person should not commence in the position until the offer of employment has been formally accepted.

Required documentation

Successful applicants who are not employed by the department will need to provide the following information prior to commencing employment:

• an original or certified copy of qualifications,
• original or certified copies of birth certificate, extract of birth entry, passport, certificate of naturalisation or certificate of citizenship,
• evidence of current registration from the Victorian Institute of Teaching or a WWCC and Assessment Notice.
  Note that it is a requirement that the successful applicant notify WWCC Vic of their employment at the Department of Education and the school name (evidence of this, for example, a screenshot from the Service Victoria portal, needs to be provided prior to the person commencing employment)
• a health declaration
• evidence of permanent residency status or current visa status demonstrating that the visa holder has sufficient work rights to undertake the position at the school, and
• proof of identity and name change, such as marriage certificate or deed poll, where an applicant’s name has changed since birth

Documents can only be certified by a person authorised to witness a statutory declaration and must be sighted prior to confirming employment. Information about the retention of these documents is provided below.

Overseas applicant additional information

If the applicant is not an Australian or New Zealand citizen, a copy of the relevant pages from the applicant’s passport showing the stamp which confirms the right to permanent residence is required. The applicant’s name must appear on the copy. If the applicant is a British subject who migrated to Australia prior to 1974, evidence of residence in Australia prior to 1974 is required. New Zealand citizens are regarded as Australian citizens for employment purposes, but evidence of New Zealand citizenship is required. Further information is available at: Employment and Sponsorship of Overseas Workers

The principal must be satisfied that the selected applicant satisfies the qualification requirements for the position. The VIT's assessment for teacher registration approval process includes the assessment of an applicant’s qualifications. The Schools Recruitment Unit can provide assistance in checking a teacher’s qualifications to teach a particular subject.

Pre-employment health declaration

The principal is required to be satisfied as to the person’s health and fitness following completion of an approved pre-employment health declaration.

For all employment offers the Workplace Injury Rehabilitation and Compensation Act 2013 requires that when employing new staff, principals must:

• provide the person with a written description of their proposed duties
• ask the person, in writing, to disclose any pre-existing injury or illness that could be affected by the nature of the proposed duties
• explain, in writing, to the person that a failure to disclose, or a misleading disclosure concerning pre-existing injuries or illnesses may result in a loss of entitlement to compensation, should the injury recur

To meet this requirement, new employees (which include a person commencing a second or subsequent fixed term period of employment) are required to complete a pre-employment health declaration form prior to commencing employment.

When the person has completed the form, the principal will need to decide whether or not they are satisfied of the person’s health and fitness to undertake the position. If the principal has cause to doubt a person’s health and fitness following the completion of the form, the principal may require a person to be examined by a medical practitioner approved by the Secretary. The options for doing so include:

• with the person’s consent, approaching the person's treating medical practitioner
• asking the person to undergo a medical assessment by a medical practitioner nominated by the principal (see below)
• using the Medical Advisory Service

Pre-employment medical assessment

Where the principal requires a person to undergo a pre-employment medical assessment, the person should be provided with a package that includes:

• a letter of request to the medical practitioner outlining the reason for referral,
• a copy of the pre-employment health declaration form,
• a position description describing the specific duties and responsibilities of the position

If the medical practitioner is unable to unconditionally recommend the person for employment, the principal will need to confirm or withdraw the offer of employment, taking into account the medical advice in the context of the duties to be performed.

Generally, a medical assessment is valid for 3 years.

When managing pre-employment medical assessments, principals should take account of a person’s right to access health information.

Retention of appointment documents

A successful candidate must complete the Employment in a government school - Validation of Personal Information form. The Principal must sight certified copies of the documentary evidence provided by the individual in the completion of the form.

To meet the requirements for retention of documentation, the principal must make a record that confirms that certified copies of the documentary evidence was sighted, including the type of documentation that was provided. This record can be made on the Validation of Personal Information form, which is then retained, and all certified copies of documentary evidence provided by the candidate must be securely destroyed.

The documents relating to a successful candidate’s appointment which must be retained on the employee's personnel file include but are not limited to:

• evidence of a WWCC for non-teaching positions
• pre-employment and appointment documentation, including the record of the Suitability for child-connected work check
• medical assessment or health declaration information
• employment offers
• validation of personal information form.

Further information is available at Records Management — Employee Information.

The Employment in a government school – Validation of Personal Information form is available at Forms — Teaching Service and HR Administration