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The checklist below maps the legislative requirements of


The checklist below maps the legislative requirements of ...

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									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 –           • 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.

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:         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:
    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

Note: A range of resources and references may be accessed via DFC website at, 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.

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,
Update prepared by Margaret Heylen, Project Consultant to LGA                                      3         7 June 2007

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