Working with Children and Youth

Working with Children (Criminal Record Checking) Act 2004 (WA).

People working with children need police clearances. (By the way, insurers also increasingly require police clearances for working with children.)

There is now also a specialised "Working With Children" website at www.checkwwc.wa.gov.au

Mandatory reporting in WA Children and Community Services Amendment (Reporting Sexual Abuse of Children) Act (WA) 2008. On 1 January 2009, this Amendment became part of the Children and Community Services Act (WA) 2004.

Mandatory reporters are:

  • Doctors
  • Nurses and midwives
  • Teachers (i.e. anybody registered under WACOT), teachers in community kindergartens, teachers in detention centres
  • police officers.

If you are a mandatory reporter, you must report your suspicions of child sexual abuse to the Department for Child Protection if you form this belief, based on reasonable grounds, in the course of your paid or unpaid work.

You should report other forms of abuse (physical, emotional and neglect), but there's no penalty if you don't.

A child is someone under 18 years of age. If you have no positive evidence of age, a child is a person who appears to be under 18 years of age.

Child sexual abuse includes sexual behaviour in circumstances where:
(a) the child is the subject of bribery, coercion, a threat, exploitation or violence; or
(b) the child has less power than another person involved in the behaviour; or
(c) there is a significant disparity in the developmental function or maturity of the child and another person involved in the behaviour.

 

Community Services (Child Care) Regulations 1988 (WA) and Community Services (Outside School Hours Care) Regulations 1988 (WA).

Childcare students who are to prepare food in child care for children aged 0-6 years are required to complete a special course approved by the Director General of the Department for Community Development. We understand that this requirement can now be met by satisfactorily completing the relevant unit (CHCCN3C) through an RTO.

Child Care Services Act 2007

Besides the act, there are regulations. See

  • Child Care Services Regulations 2007
  • Child Care Services (Child Care) Regulations 2006
  • Child Care Services (Family Day Care) Regulations 2006
  • Child Care Services (Outside School Hours Care) Regulations 2006
  • Child Care Services (Outside School Hours Family Day Care) Regulations 2006

The Children & Community Services Act

Presentation by Donna Legge, Department of Community Development (DCD) at Children’s Services Curriculum Advisory Group, 2 Sept 2005

The Children & Community Services Act was to be proclaimed in March 2006. A new Act requires new regulations. Much of the information previously included in the regulations will be contained in the new Act so you will need to look at both the regulations and the Act. Full details of the Act are available on the web at the Community Services website: www.community.wa.gov.au.

Part 8 relates to Childcare. (Terms are explained in Part 1, objectives in Part 2, appointment of licensing officers in Part 4.) The new Act replaces three old Acts which are now quite outdated.

Significant changes include:

  • Must be one supervising officer for one service at a time
  • Creches now included in the Act
  • More power to scrutinise suitability of license applicants
  • Licenses up to 3 years
  • No more permits but licenses with conditions
  • CEO has ability to place conditions on a license

The regulations will be introduced in two phases: The first phase will deal with urgent issues without changing the status quo too much. There will be four sets of regulations instead of two (Family Day Care is now separate) and the format will follow the ‘Outside School Hours Care’ regulations format. Higher-level issues will be dealt with in the second phase.

Large crèches may be exempt from the conditions of the act, although the details are still being consulted. (In any case, duty of care requirements will still apply.) Likely factors are:

  • How many times a week do they run? (Probably no more than twice a week, perhaps with some allowances for one- year events like the Hopman Cup.)
  • How close with the parents be? (Probably within 50 metres)
  • Would there be a minimum age? (Children will probably have to be at least tow months old.)

Contact Department of Community Development  for any other information: 92222 818.

Donna Legge, who gave the original presentation, has moved so you'd now have to speak with someone else.