❓ A WA parliamentary question seeks data on the Working with Children screening unit's activities, including audits, non-compliance matters, investigations, and the issuance of negative notices. The answer provides specific figures and clarifies the unit's compliance approach.
AnsweredQoN 4134Legislative Council
QuestionView source ↗
I refer to the Working with Children screening unit, and I ask: (a) how many proactive audits were undertaken in 2014-15 and 2015-16 to date; (b) how many matters of alleged non-compliance of the Act were brought to the Working with Children screening unit’s attention in 2014-15 and 2015-16 to date; (c) were all of the alleged non-compliance matters detailed in (b) investigated and what was the timeframe from receipt of matter to commencement of the investigation; (d) how many alleged non-compliance of the Act matters are currently awaiting commencement of investigation; (e) for the following periods, how many people have been prohibited from undertaking child related work: (i) 2013-14; (ii) 2014-15; and (iii) 2015-16 to date; (f) for the following periods, how many people have been issued with negative notice: (i) 2013-14; (ii) 2014-15; and (iii) 2015-16 to date; and (g) for the following periods, how many people have been issued an interim negative notice: (i) 2013-14; (ii) 2014-15; and (iii) 2015-16 to date?
AnswerView source ↗
Answered
29 June 2016
Responded by
Minister for Planning representing the Minister for Child Protection
Response time
49 days
(a)
Audits are targeted to where there is risk identified and are actioned in the Unit’s compliance capacity. Six Audits were completed in 2014/15 and to date one been finalised in 2015/16 with another three underway as at the end of April 2016.
(b) – (d)
‘Non-compliance’ with the Working with Children (Criminal Record Checking) Act 2004 ranges from situations where employers and individuals in child-related work have the best intentions but have misunderstood their obligations, to those who know what is required but do not comply. The most effective compliance response appropriate to the issue therefore varies.
Compliance may be improved without investigation. Those who need assistance to understand their obligations are provided with information and support including though workshops, information on the website and from the call centre. WWC Screening Unit staff may attend the site to work with employers for improvement. The time taken to respond to a compliance matter will therefore vary and depend on the risk. Analysis of times taken for the various responses is not possible.
Those who are not complying with the legislation and where information and assistance is not sufficient, will usually receive a formal warning to rectify the concern. 38 warnings have been issued this financial year to the end of April 2016 and one prosecution is in process.
Investigations and formal audits are targeted to cases where there is most risk, such as where there is information that a person may be working contrary to a negative notice or where warnings to comply have not been appropriately actioned. This financial year to 30 April 2016, 62 investigations were finalised and 41 are in process; one audit was finalised and three are in process. An additional 64 cases are awaiting allocation for consideration of appropriate compliance responses. Not all of these will require investigation.
(e) and (f)
(i) 2013-14;
69 negative notices issued
(ii) 2014-15;
132 negative notices issued
(iii) 2015-16 to date;
136 negative notices issued to 30 April 2016
(g)
(i) 2013-14;
40 interim negative notices issued
(ii) 2014-15;
72 interim negative notices issued
(iii) 2015-16 to date
60 interim negative notices issued to 30 April 2016
Audits are targeted to where there is risk identified and are actioned in the Unit’s compliance capacity. Six Audits were completed in 2014/15 and to date one been finalised in 2015/16 with another three underway as at the end of April 2016.
(b) – (d)
‘Non-compliance’ with the Working with Children (Criminal Record Checking) Act 2004 ranges from situations where employers and individuals in child-related work have the best intentions but have misunderstood their obligations, to those who know what is required but do not comply. The most effective compliance response appropriate to the issue therefore varies.
Compliance may be improved without investigation. Those who need assistance to understand their obligations are provided with information and support including though workshops, information on the website and from the call centre. WWC Screening Unit staff may attend the site to work with employers for improvement. The time taken to respond to a compliance matter will therefore vary and depend on the risk. Analysis of times taken for the various responses is not possible.
Those who are not complying with the legislation and where information and assistance is not sufficient, will usually receive a formal warning to rectify the concern. 38 warnings have been issued this financial year to the end of April 2016 and one prosecution is in process.
Investigations and formal audits are targeted to cases where there is most risk, such as where there is information that a person may be working contrary to a negative notice or where warnings to comply have not been appropriately actioned. This financial year to 30 April 2016, 62 investigations were finalised and 41 are in process; one audit was finalised and three are in process. An additional 64 cases are awaiting allocation for consideration of appropriate compliance responses. Not all of these will require investigation.
(e) and (f)
(i) 2013-14;
69 negative notices issued
(ii) 2014-15;
132 negative notices issued
(iii) 2015-16 to date;
136 negative notices issued to 30 April 2016
(g)
(i) 2013-14;
40 interim negative notices issued
(ii) 2014-15;
72 interim negative notices issued
(iii) 2015-16 to date
60 interim negative notices issued to 30 April 2016
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