Thursday 21 August 2014

Working With Children - Police Checks

Most people are familiar with the pre-employment or pre-volunteer requirement of many companies for potential employees or volunteers to supply a police history check before they can officially be offered or considered for a position or volunteer role. Some people may also be required, or may instead be required, to supply a Working with Children Check. 

What are the differences between a National Police History Check and a Working with Children Check? While it is logical that one is for those who work with children and one is for those who don't, there are other key difference between the two checks.

Working with Children Check

For a Working with Children Check, the Department of Justice determines whether they feel a person should be cleared to work around or with children based upon relevant past criminal history, taking into account any past convictions which would indicate the individual should not work with children, and also considering any relevant work history. It is an assessment and a person will either be approved to work with children or not.

A Working with Children Check will look at all convictions relevant to an individual's ability to work with children over an individual's whole life, not just those which can normally be released for a police check. As mentioned, it will also look at a person's previous work experience, if relevant, and any disciplinary findings. Based upon this, a decision will be made to either approve or deny a person's Working with Children check.

When looking into an individual's past history, all findings which would be important to consider in terms of ensuring the protection of children will be relevant and considered. This is not restricted to the past ten years or another, limited timeframe, but includes considering all offences that a person may have committed.

Once issued with a Working with Children Check, it is good for 5 years. However, through the life of the check, a person's criminal offences will be monitored and, if they commit any relevant offences, the Department of Justice will be alerted and the check may be cancelled or suspended on the basis that the person is no longer cleared to work with children.

Policy History Check

A police check does not involve any government agency and is not an assessment of suitability for the work force. A police check simply states any past or pending criminal convictions which can be disclosed at the time the check is performed. It cannot be used to confirm that a person is cleared to work with children.

Whereas a Working with Children check will determine whether a person can or cannot work with children, a police check will merely provide a list of all past or pending criminal convictions which a person has and which can be reported, i.e. it does not include spent convictions. It will not confirm whether a person can work or volunteer, but rather simply provide potential employers with information about a person's criminal history.

A police check is current only for the moment at which it is issued, as it only confirms a person's criminal record up to that point. As such, it does not 'expire' but you may be required to provide a new police check upon request to confirm that no new offences have been committed.

If you are considering working in a role which would put you into contact with children, you will likely be asked to provide at least a Working with Children Check and perhaps also a Police Check so that your potential employer has a list of your past, disclosable criminal convictions. It is important to understand the differences between the two and why you may be asked to provide both.

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