Early Childhood Services Management

Criminal History Checks

The Children’s Services Regulations 1998 (Regulations) were amended on 14 October 2008 changing some of the requirements for Criminal History Checks for staff working in a children’s service. In addition to criminal history notifications (National Police Certificates/Police Record Checks), the Regulations now recognise the Working with Children Check.

Since 1 July 2008 the Working with Children Act 2005 requires staff in children’s services undertaking ‘child related’ work, to have a Working with Children Check. This requirement has meant that some staff have been required to have both a criminal history notification and the Working with Children Check. The October 2008 amendment to the Regulations streamlines processes for services and staff by allowing licensees and primary nominees to require a person to have a criminal history notification or a current Working with Children Check assessment notice before they become a member of the staff.

A Criminal History Check is required to assess the suitability of a person before they become a member of the staff of a children’s service. This requirement is also placed on people who work at the service in an honorary or voluntary capacity, unless they are under the direct supervision of the proprietor or qualified staff member. It sets in place a safeguard that ensures that people working with children are suitable for the role, having regard to the security, health, safety and welfare of children.

The change means that a current Working with Children Check assessment notice can be accepted by a licensee or primary nominee before that person becomes a member of the staff under the regulatory requirements for Criminal History Checks. A Working with Children Check lasts for five years, unless it is earlier revoked; whereas a National Police Certificate must be issued 6 months immediately before the person becomes a member of the staff.

The regulations that have been amended are:

  • Regulation 27 – Criminal History Checks, and
  • Regulation 19 – Matters to be recorded in staff record
  • Regulation 4 – new definitions are provided at Regulation 4

For more information on the Working with Children Check and how to apply, see: Working with Children Check

Regulation 27 (Criminal History Checks) – what’s new?

In addition to setting out the requirements for notifications of criminal history for members of the staff, Regulation 27 now enables a current Working with Children Check assessment notice to be read by the licensee or primary nominee. Regulation 27 also identifies the volunteer assessment notice.  In addition the requirement for the licensee or primary nominee to read the current Working with Children Check assessment notice of each member of the staff who is required to have one under the Working with Children Act 2005 is stated.

In referring to the Working with Children Check the regulations use the term ‘assessment notice’, which is a current Working with Children Check assessment notice. The Regulations also require that the Working with Children Check assessment notice is current.

Regulation 19 (Matters to be recorded in staff record) – what’s new?

It is now recognised that a current Working with Children Check assessment notice is one type of check that can be used under Regulation 27 (Criminal History Checks) and therefore it is the details of that check that are to be recorded in the staff record.

Practice notes

The following practice notes have been prepared to provide guidance about the new requirement for Criminal History Checks and reflect the October 2008 changes.

Also see: Criminal History Checks: Frequently Asked Questions (FAQ) (PDF - 87Kb)

For further information about changes to Criminal History Checks, see: Regulatory Impact Statement: Proposed Amendments to the Children Services Regulations 1998 (Anaphylaxis and Criminal History Check) - July 2008 (PDF - 881Kb).