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Legal Employment Age Tasmania - PDF

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					                                   Child Protection
Sport and Recreation Tasmania is committed to
protecting the fundamental right of children to be
safe from any form of abuse while involved in sport
and recreation activities. Child protection is a legal
requirement as well as a moral obligation that                     Child protection is a
requires a commitment from everyone involved in                 legal requirement as well
all levels of sport to ensure sporting environments             as a moral obligation that
are safe for all children. It includes an awareness of
the requirements and risks, a commitment to                   requires a commitment from
practices that minimise the risks of harm, and the            everyone involved in all levels
ability to appropriately respond to incidents of               of sport to ensure sporting
child abuse.                                                    environments are safe for
Child abuse relates to children at risk of harm,                        all children.
usually by adults and often by those they know and
trust. The most common characteristics of all
forms of abuse against children are an abuse of
power or authority, or a breach of trust. Abuse
usually occurs in a pattern or cycle of behaviour,
not as a one-off incident.
Child abuse in sport can range from inappropriate
touching when demonstrating techniques,                  In Tasmania, mandatory reporting requirements are
inappropriate training methods that give extra           outlined in the Children,Young Persons and Their
physical loads to children as ‘punishment’ and           Families Act 1997 (the Act). The Act emphasises the
physical aggression when disciplining a child,           responsibilities for all members of the community
through to sexual assault and sexual intercourse         to make sure children are protected. Those
with a minor. Child abuse is generally recognised        mandated to report child abuse or neglect include
as falling into four categories:                         medical practitioners, nurses, dentists, police
                                                         officers, psychologists, probation officers, child
• sexual abuse/sexual misconduct                         welfare officers, school principals, teachers,
• physical abuse                                         kindergarten teachers, people who manage child
• emotional abuse                                        care services and people employed by or
                                                         volunteering in government agencies or
• neglect.                                               organisations funded by the Crown that provide
                                                         health, welfare, education or care for children.
Mandatory reporting                                      Anyone who reasonably suspects that a child is or
                                                         has been abused or neglected must report this to
This refers to the legal requirement that specific
                                                         the Child Protection Advice and Referral Service
people report reasonable suspicions of children
                                                         on 1800 737 639 and/or to police.
being, or at risk of being, abused or neglected. It
applies when that suspicion is formed during a           For more information about reporting
person’s work, regardless of whether it is paid or       concerns, visit the Commissioner for
voluntary work.                                          Children website at www.childcomm.tas.gov.
                                                         au/cms/enquiriesconcerns/
Working with children checks in Tasmania                Travelling interstate
In the sporting industry, it is becoming increasingly   It is important to be aware that when travelling
important to screen people whose role will involve      interstate with children, state and territory child
direct and unsupervised contact with people under       protection requirements apply to individuals and
the age of 18 years. Screening refers to inspecting     organisations originating outside of the state. For
a person’s criminal and employment history and          example, if a Tasmanian organisation or club takes
other information relevant to their suitability to      junior players to New South Wales or Queensland
work with children.                                     for training camps, championships, competitions or
Police checks should be conducted on all                other activities, those travelling with the teams
individuals filling positions, either paid or unpaid,   must comply with the NSW or QLD legislative
that require direct contact with children, to screen    requirements. Some exemptions for short trips do
out those who have a history of abusing or              apply, but be sure to find out the relevant state or
exploiting children and/or violence. Substance          territory’s requirements well before you go; see
abuse is also an offence of concern, as are driving     below for links.
offences if the position requires driving.
Application forms for a Criminal History                New South Wales
Record Check can be found on the                        An adult travelling with a team to New South
Tasmanian Police website at                             Wales must sign a Prohibited Employment
www.police.tas.gov.au                                   Declaration Form before entering the state.
People are entitled to one free Tasmania Police         More information: www.dsr.nsw.gov.au/
Record Check every twelve months (a check will          children/wwcc_faqs.asp
only be made of those records held by Tasmania
Police). The cost for any subsequent Tasmania
Police Record Check is $20. A National Police           Queensland
Record Check, where the applicant will be               A Blue Card is required by all adults travelling to
provided with a National Police Certificate, costs      Queensland with children. Blue Cards must be
$45.                                                    obtained before the team arrives in Queensland
                                                        and it is essential that up to six to eight weeks is
                                                        allowed for the process.
Organisational practices                                More information: www.ccypcg.qld.gov.au/
Practices that should be implemented by                 employment/index.html
organisations to protect children include:
• developing and implementing a policy on child         Western Australia
  protection and codes of conduct for all staff,
  members and parents                                   In Western Australia, it is compulsory for people
                                                        working with children to undergo a Working with
• adopting thorough recruitment practices, such         Children Check.
  as having job descriptions for all roles (paid or     More information: www.checkwwc.wa.gov.
  voluntary), interviewing applicants, conducting       au/checkwwc/About+WWC+Check/
  police checks and checking references                 WWC+Check/
• appointing a member protection officer who
  should be the first point of contact for issues,
  concerns and complaints                               Victoria
• using accredited coaches and officials and            In Victoria the Working with Children Act (2005)
  checking that their accreditation is current          requires that people who work or volunteer in
                                                        certain child-related work apply for, and pass, a
• ensuring all personnel and affiliated associations    Working with Children Check.
  understand and comply with legal requirements.        More information: http://www.justice.vic.gov.
                                                        au
 South Australia                                       Northern Territory
 Currently there are no legal requirements for         Currently there are no legal requirements for
 people working with children to undertake a police    people working with children to undertake a police
 check in South Australia. However, obtaining          check in the Northern Territory. However, the
 criminal history reports is embedded in the           Northern Territory Government has released draft
 Children’s Protection Act (Section 8B). Be sure to    legislation for the creation of a screening scheme,
 check requirements before you go.                     which outlines minimum standards for child-related
 More information:                                     occupations and activities. Be sure to check
 www.familiesandcommunities.sa.gov.au/                 whether any such legislation has been implemented
 Default.aspx?tabid=1059 or contact the                before you go.
 Department of Families and Communities
 on (08) 8226 8800.                                    More information: www.families.nt.gov.au/
                                                       asp/index.asp or contact the Office of
                                                       Children and Families on (08) 8999 2779.
 Australian Capital Territory
 Currently there are no legal requirements for
 people working with children to undertake a police    Useful links
 check in the Australian Capital Territory (ACT).      The following links provide further information
 However, the ACT government has released a            about child protection and related topics:
 discussion paper for the creation of a screening      • www.ausport.gov.au/supporting/ethics/child_
 scheme that stipulates minimum standards for            protection
 broadly identified child-related occupations and
 activities. Be sure to check whether any such
 legislation has been implemented before you travel.   • www.playbytherules.net.au
 More information: www.dhcs.act.gov.au/
 ocyfs/services/care_and_protection or
 contact Care and Protection Services on               • www.childwise.net
 1300 556 728.

                                                       • www.napcan.org.au


                                                       • www.careforkids.com.au/articlesv2/article.
                                                         asp?ID=82


                                                       • www.aifs.gov.au/nch/resources/police/
                                                         policechecks.html#tas



                                                                                         Published: March 2009
                                                                              by Sport and Recreation Tasmania




Sport and Recreation Tasmania

				
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