State/Territory

Legal Requirements

Australian Capital Territory

The ACT government released a discussion paper for the creation of a screening scheme that stipulates minimum standards for broadly identified child-related occupations and activities. It was proposed that this could be the function of a Commissioner for Children and Young People as outlined in the Position Paper: For a proposed Australian Capital Territory Commissioner for Children and Young People from the ACT Chief Minister's Department, 2004. Criminal history check application forms are covered by the ACT Police Department.

At present there are no legal statutes that require people working with children to undergo a police check, although individual organisations may have their own policies in this regard.

New South Wales

The NSW Commission for Children and Young People is responsible for the Working with Children Check, which covers police checks but only in relation to child related offences. Police Clearances are required to clear the worker for all other offences.. This checklist aims to create workplaces where children are safe and protected, and where the people who work with children are appropriately screened.

The Working With Children Check consists of three elements:

• Building Child-safe and Child-friendly organisations
• Excluding people with convictions for violence and serious sex crimes against children

Northern Territory

The Northern Territory Government has released draft legislation for the creation of a screening scheme that stipulates minimum standards for broadly identified child-related occupations and activities. The Police Department provides information on criminal history checks.

At present there are no legal statutes that require people working with children to undergo a police check, although individual organisations may have their own policies in this regard.

Queensland

The Commission for Children and Young People and Child Guardian (Queensland) is responsible for the blue card (criminal history checks) for people wanting to commence employment or volunteer work with children, and covers police checks.

South Australia

Obtaining criminal history reports is embedded in the Children's Protection Act (Section 8B). Further information is available at the South Australian Department for Families and Communities.

A National Police Certificate Application Form is available on the website of the South Australian Police Department.

Tasmania

The Commissioner for Children Tasmania released a consultation paper discussing proposals for the government to introduce policies and procedures for Tasmanian organisations to screen individuals who seek to work with children in a voluntary or paid capacity. Criminal history record checks are provided by the Tasmanian Police Department.

At present there are no legal statutes that require people working with children to undergo a police check, although individual organisations may have their own policies in this regard.

Victoria

The Victorian Parliament has enacted the Working with Children Check to provide a screening process for individuals who seek to work with children in a voluntary or paid capacity. The new procedures are now in place. The Victorian Police provides a service to individuals and organisations in Victoria wishing to obtain national police certificates for employment, voluntary work and occupation related licensing or registration purposes. Criminal history record checks are provided by the Police Department..

Western Australia

A Working with Children Check is a new criminal record check that is compulsory for people who carry out child-related work in Western Australia. Working with Children Checks are very different from a National Police Check conducted by the WA Police, which many employers may currently require of their employees or volunteers.