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Working with Children Checks – Clubs Obligations
Rhys Braybrook, Workplace Relations and Policy Manager
Clubs may require some or all their staff to have a working with children check (WWCC) and a failure to do so increases risks to children’s safety and could result in fines.
WWCCs are required where a volunteer or an employee undertakes what is deemed to be “child-related work” under the Child Safety (Prohibited Persons) Act 2016.
Work that will require an individual to get a WWCC includes but is not limited to employees or volunteers who provide coaching or tuition services to children and employees or volunteers who provide commercial services to children e.g. face painting, photography of children etc.
Child-related work also includes services or activities provided in the course of the operation of clubs and associations with a significant membership of, or involvement by, children. Where this specific scenario applies, all employees and those undertaking voluntary work at a club will require a WWCC regardless of their level of personal interaction with children. The legislation does not define what is meant by “significant” and so it would need to be given its ordinary dictionary meaning and Clubs SA suggests taking a cautious approach when assessing this.
There are however certain exemptions that exist including but not limited to:
- where a person is under 14 years of age
- A person who believes on reasonable grounds they will not work with children on more than 7 days (whether consecutive or not) in a calendar year unless this involves an overnight stay or close personal contact with children with a disability.
- A person who is a parent or guardian of a child and is providing a service or activity that is child-related work on a voluntary basis where:
– The children to whom the service or activity is provided includes the person’s own child; and
– the service or activity does not consist or include accommodation and residential services for a child other than their own or close personal contact with a child other than their own.
It is important to be clear that members and players at clubs who are not working in any capacity don’t need a WWCC. Generally speaking working alongside a child will also not automatically require mean a WWCC is required and there must be work being done that is specifically deemed as “child-related work”.
Where someone requires a check, they need to register with the Department of Human Services Screening Portal, or a club can do it on their behalf. A check for a volunteer is free but there will be a charge for a paid employee.
As well as requiring WWCC’s for some or all their staff, clubs who provide a service or activity that constitutes “child related work” will also need to have a Child Safe Environments Policy in place and to lodge a Compliance Statement.
Clubs can find more information on this type of policy and how to develop it by clicking here and more information on the compliance statement can be found here.
Clubs that have an overarching governing body such as the SANFL, Surf Life Saving SA, Netball SA etc with such a policy can however look to just adopt theirs. These bodies can also lodge a compliance statement on a club’s behalf and should be contacted about this if needed.
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