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Ensuring the safety and wellbeing of children is a top priority for any organisation that interacts with young people. If your organisation relies on volunteers to work with children, obtaining a valid volunteer working with children check is not only essential for compliance with Australian laws – it’s also a critical safeguard for the vulnerable communities you serve. In this guide, we’ll walk you through the legal requirements, state‐by‐state processes, and best practices in drafting policies to ensure that all volunteers working with children are properly screened and cleared.
Understanding Working With Children Checks
Working With Children Checks are a mandatory screening measure for individuals who work or volunteer with children. Designed to assess an individual’s suitability for roles involving contact with children, these checks focus on identifying any past criminal history or instances of workplace misconduct that may pose a risk to child safety.
Unlike a standard police check – which provides a snapshot of an individual’s criminal history at a specific point in time – a Working With Children Check is a continuous assessment process. This ongoing nature means that any new findings or changes in a person’s background may affect their clearance status, ensuring that organisations maintain an up-to-date awareness of volunteer eligibility.
State and Territory Requirements
Each Australian state and territory administers its own Working With Children Check. Although the core objective is the same – to protect children by screening individuals with access to them – the processes, fees, and validity periods can differ.
New South Wales
In NSW, volunteers are required to obtain a Working With Children Check from the Office of the Children’s Guardian. The check is valid for five years and typically involves a national criminal history search along with assessments for any workplace misconduct. Organisations can verify volunteer clearances through an online portal. For more details, visit the official NSW government resource on this process at NSW Working With Children Check.
Victoria
Victoria operates a similar system where a Working With Children Check is mandatory. Like NSW, the clearance is usually valid for five years and requires a comprehensive background assessment including a national criminal history review. Volunteers transitioning to paid roles may incur additional fees (currently around $123.20). Additional information on Victoria’s process is available on government websites such as Working With Children in Victoria.
Queensland
In Queensland, the Blue Card system is utilised for screening. This system includes a national criminal history search and ongoing monitoring by the police. Volunteers are generally screened at no cost, while employees may need to pay a fee of approximately $97.95. Interested parties can learn more about the Blue Card process by visiting the official Queensland government page at Queensland Blue Card.
Northern Territory
The Northern Territory uses what is commonly referred to as the Ochre Card system. Here, the Working With Children Clearance process is slightly different, with the clearance being valid for only two years. The fee structure is also different – volunteers typically pay a nominal fee of around $7, compared to $76 for employees. For further guidelines, check the NT government’s working with children information at NT Working With Children.
Police Checks versus Working With Children Checks
It’s important to distinguish between a standard police check and a Working With Children Check. While a police check gives a static overview of an individual’s criminal history – including spent convictions – it does not provide the ongoing, risk-focused assessment that a Working With Children Check offers.
Many organisations mistakenly believe that a police check is sufficient when, in fact, the Working With Children Check is specifically designed to continuously evaluate any potential risk to child safety. Volunteers must therefore ensure they hold a valid Working With Children Check, rather than relying on a one-off police check.
Legal Obligations for Organisations
Not-for-profit organisations and other entities that engage volunteers to work with children are required by law to ensure that every volunteer completes a valid Working With Children Check. Failure to conduct these verifications can result in significant legal penalties, including fines and reputational damage.
Employer responsibilities in this context include:
- Verifying the current status of every volunteer’s clearance.
- Maintaining updated records and documentation.
- Ensuring that any volunteer newly assigned to work with children undergoes the mandatory screening process before commencement of duties.
These legal obligations highlight the need for organisations to implement robust policies. Drafting comprehensive volunteer agreements and internal policies not only mitigates risk but also ensures compliance.
Drafting and Implementing Effective Policies
One of the key steps in managing volunteer engagement with children is to have clear, comprehensive policies in place. These policies should address:
- Verification Procedures: Outlining the process for checking and re-checking Working With Children clearances.
- Data Protection: Ensuring that volunteer personal information is handled in accordance with privacy laws (learn more about this in our article on privacy policy requirements).
- Website and Portal Governance: If your organisation uses an online system for volunteer sign-ups, ensure that appropriate website terms and conditions are in place to protect both the organisation and its users.
- Regular Reviews: Establishing a timeline for periodic review and update of policies to reflect any changes in state or territory legislation.
Drafting such policies can sometimes be challenging for not-for-profit organisations, especially when limited by resources. Seeking advice from a legal professional can help ensure that your policies not only meet legislative requirements but are also tailored to your organisation’s specific needs.
Practical Tips for Maintaining Compliance
Here are some practical tips to help ensure your organisation remains compliant with Working With Children Check requirements:
- Establish a Clear Recruitment Process: Make it standard practice to verify the Working With Children Check status during the onboarding process. Consider integrating verification steps into your volunteer recruitment policy.
- Keep Detailed Records: Maintain an up-to-date register of all volunteer clearances. Digital record-keeping can streamline this process and help you quickly identify any lapsed checks.
- Set Reminders for Renewals: Since the validity period of checks differs by state (five years in NSW and Victoria, two years in NT, etc.), set automated reminders in your system for each volunteer’s renewal date.
- Offer Training for Staff: Train your HR or volunteer coordinators on recognising the differences between police checks and Working With Children Checks, and on the importance of due diligence in this area.
- Review Your Legal Documents Regularly: As legislation and guidelines evolve, so too should your policies. Regular legal reviews can help prevent inadvertent non-compliance.
By implementing these strategies, your organisation can minimise risk and ensure that the volunteers engaging with children are not only passionate but also legally compliant.
Addressing Common Questions
What Happens If a Volunteer’s Check Lapses?
If a volunteer’s Working With Children Check expires or is revoked, your organisation must immediately remove them from positions that involve unsupervised interaction with children. Failure to act can result in legal consequences for your organisation. To avoid such issues, proactive record-keeping and regular communication with volunteers about renewal deadlines are essential.
Can a Standard Police Check Replace a Working With Children Check?
No, it cannot. Although a police check is useful for assessing a person’s criminal history, it is not a substitute for the more specific and ongoing safety screening provided by a Working With Children Check. Organisations must always verify that the correct clearance is in place.
How Can Volunteer Data Be Protected?
When collecting and storing personal data from volunteers, it is vital to follow the Australian Privacy Principles. This includes using secure systems to store records and having a clear privacy policy.
Key Takeaways
- Working With Children Checks are essential for anyone working or volunteering with children and are designed to assess ongoing risk.
- Each state and territory in Australia has its own process, fees, and validity periods for these checks.
- Police checks do not replace Working With Children Checks; the latter provide continuous monitoring focused on child safety.
- Not-for-profit organisations must implement robust policies and maintain meticulous records to ensure compliance.
- Regular policy reviews, proper contract drafting, and appropriate data protection measures are critical to managing risk.
If you would like a consultation on volunteer working with children checks, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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