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The checklist below maps the legislative requirements of ...
Child Safe Environment –Child Protection Act 1993 (SA) - CHECK LIST FOR LOCAL GOVERNMENT COUNCILS The checklist below maps the legislative requirements of amendments to the Child Protection Act. It also provides an update on progress of the development of resources by the SA Department for Families and Communities (DFC) as required by the legislation, which will inform the update of the “LGA Safe Environment Policy Models and Checklist” document as a further resource for Councils. Note: Implementation of the new legislative requirements is to be as soon as practicable after proclamation on 31 December 2006, and by 31 December 2007. However, there has been a delay in the release of DFC policy guidelines and standards which may affect the ability for Councils and other organisations to meet the implementation requirements. Legislative Requirements Overview Update on Resources CHECKLIST FOR COUNCILS Councils will need to prepare and endorse a policy which Councils must develop and endorse a DFC draft policy and standards are available reflects the intent of the guidelines and standards developed Child Safe Environment Policy. via DFC website. However, they are by the DFC. DFC suggest that Councils should aim to have • The policy is to include a code of incomplete and have not as yet been policies in place by 31 December 2007. conduct in relation to child and reflect endorsed by the Chief Executive or Minister. relevant standards developed and Councils will need to issued by the Chief Executive of A range of complex issues relating to • Review existing policy framework Department for Families and criminal history screening have been raised • Determine whether updates are required, or whether Communities (SA) (DFC) and are under consideration. new policies and procedures will need to be developed. Note: Councils are not required to develop It is expected a final draft will be available Procedures are required to ensure new policies, standards or codes of conduct end of June, early July 2007 • all employees and volunteers to read and agree on the where these already exist. The requirement policy is for policy frameworks to reflect DFC • parents and children (where appropriate) are made model policies and standards, and aware of the policy acknowledge the duty of care with respect to • a process for communicating and dealing with concerns children. about improper behaviour of volunteers or employees. Mandatory reporting obligations have Guidelines for Mandated Notifiers are Councils will need to been extended to available via www.families.sa.gov.au – • Identify relevant positions where mandatory reporting • all employees, contractors, consultants, “Child-Safe Environments Reporting Child obligations apply and volunteers who provide health, Abuse & Neglect – Guidelines for Mandated • Review duty statements to ensure they reflect welfare, education, sporting or Notifiers” mandatory reporting requirement recreational services wholly or partly for • Develop a mandatory reporting training program and children; and See page 2 for training options. schedule for all relevant existing employees, volunteers, • supervisors and managers who have managers, and supervisors direct responsibility for the supervision • Include training/overview in induction/orientation program of the provision of these services. for relevant new employees and volunteers. th Update prepared by Margaret Heylen, Project Consultant to LGA 1 7 June 2007 Child Safe Environment –Child Protection Act 1993 (SA) - CHECK LIST FOR LOCAL GOVERNMENT COUNCILS Legislative Requirements Overview Update on Resources CHECKLIST FOR COUNCILS Child Safe – Mandatory Reporting DFC offer a 3 day Child Safe – Mandatory Identify relevant staff and volunteers who will be required to Training Reporting Train the Trainer Program. undertake training, either through Participants who complete this program are • one day Child Safe Mandatory Reporting training Note: There is no legislative requirement for accredited trainers for the one day training • a shorter training session mandatory reporting training. session. Identify relevant staff and volunteers who could be advised of However, the DFC draft standards referred • Councils are encouraged to nominate the new requirements through printed information and to previously require relevant staff and staff member/s to undertake this provision of DFC publication: volunteers to undertake training to enable program to enable in-house training as “Child-Safe Environments Reporting Child Abuse & Neglect them to meet this obligation. required. – Guidelines for Mandated Notifiers” Appropriate training is also central to an Identify relevant training options for the organisations overall risk management approach to A one day “Child Safe Mandatory Reporting” ensuring a Child Safe Environment. training session is offered through LGA’s Schedule training program Education and Training Service Program. • A one day training sessions is • Contact: Patricia Coonan, phone 8224 Include Child Safe - Mandatory Reporting as a topic on recommended for staff and volunteers, 2035, induction and orientation program check list for newly and their managers and supervisors, • email: firstname.lastname@example.org appointed staff and volunteers who are primarily engaged in providing services to children. Office for Recreation and Sport (ORS) will be offering training for recreation centres, • Shorter sessions, or printed information, clubs and sporting associations. may be appropriate for other employees • Contact: ORS, phone 8416 6677 and volunteers with less frequent or • Visit: www.recsport.sa.gov.au occasional contact with children. This can be developed from the one day On line training for sport and recreation training course material. service providers • via Play by the Rules • www.playbytherules.net.au Note: A range of resources and references may be accessed via DFC website at www.families.sa.gov.au, go to the “Child Safe Environments” link. National Framework documents are also available via this website in particular Councils are referred to “Creating Safe Environments for Children – Organisations, Employees and Volunteers. th Update prepared by Margaret Heylen, Project Consultant to LGA 2 7 June 2007 Child Safe Environment –Child Protection Act 1993 (SA) - CHECK LIST FOR LOCAL GOVERNMENT COUNCILS Legislative Requirements Overview Update on Resources CHECKLIST FOR COUNCILS Criminal history checks for existing and future new LGA is represented on a Criminal History Checks Councils will need to employees and volunteers in “prescribed Working Party convened to develop guidelines and • Identify “prescribed positions” positions”. standards. • Review Job and Person Specifications to include Note: Local Government Councils are not regulated at A range of complex issues are under legal and policy requirement for criminal history the current time to undertake criminal history checks. consideration by DFC including check prior to appointment However, this practice is recommended as part of an • Written consent and privacy principles • Identify existing employees who will overall risk management approach. If Councils choose • Records – handling, storage, access be required to undertake criminal to do so, they must comply with the policy and • Natural justice and procedural fairness history checks standards issued by DFC. • Portability of criminal history information (separate • Establish recruitment and selection working party convened by DFC) procedures and practices which Prescribed positions include those • Frequency of checks reflect the intent of the DFC • where there is regular contact or working in close • Resource implications for SAPOL guidelines when released (see proximity to children on a regular basis • Relevance of criminal history “issues” in column 2). • supervisors and/or managers of those positions • Who assesses and what skill is required? • relevant contractors, agents, and consultants • Criminal history checks as one aspect of • staff and volunteers who have access to records screening. Referees and suitability for working relating to children with children to be check out also. DFC Draft to date suggests “regular contact” includes It is expected draft policies and standards will be contact that may facilitate instances where people available mid 2007. deliberately use their position and status to access and exploit children. For example, • multiple instances of contact of limited duration (weekly group gathering) or • fewer extended and intense periods of contact possibly away from children’s usual environment (day trip, overnight camp) “Close proximity” means in reasonable unaided visual sight if physical structures were not present – that is, within eyeshot For enquiries or further information about Child Safe Environment requirements, please contact Margaret Heylen, Project Consultant to LGA, telephone 83897971, mobile 0419 818166, email@example.com th Update prepared by Margaret Heylen, Project Consultant to LGA 3 7 June 2007
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