❓ Details regarding Working with Children (WWC) card applications, including criminal record breakdowns, denial rates, responsible department division, and staffing levels. Highlights challenges in data collection and interpretation.
AnsweredQoN 628Legislative Council
QuestionView source ↗
I refer to the answer to supplementary information C9, during the hearing with the Estimates and Financial Operations Committee on 26 September 2013, and ask: (a) what is the breakdown, by type of criminal offences, of the 17 per cent of persons with prior convictions who apply for Working with Children cards; (b) how many of the applicants with prior criminal histories were ultimately denied access to a Working with Children card; (c) what division within the Department for Child Protection and Family Support processes the Working with Children card applications; (d) how many permanent staff are allocated to processing Working with Children card applications; and (e) how many staff were allocated to the processing division in February 2013?
AnswerView source ↗
Answered
12 December 2013
Responded by
Minister for Child Protection
Response time
21 days
(a) 17,275 of the more than 100 000 applications for Working with Children (WWC) Checks processed in 2012/13 included a criminal record. Under the
Working with Children (Criminal Record Checking) Act 2004
these must be considered under prescribed legal tests (alongside other relevant information) according to whether they are Class 1, Class 2 or Class 3 offences; and also whether the status of these offences include convictions, charges yet to be heard in court (pending charges) or charges that did not proceed or did not result in conviction (non-conviction charges).
The details of criminal records are available only on a case-by-case basis and what is provided below is a table of the number of instances the classes and status of offences are recorded. The WWC data also records general descriptors as to whether sexual, violent, drug or other types of behaviour is involved. Please note that:
· this does
not
reflect the number of applicants, many of whom have multiple offence types;
· the instances of criminal record type does not equate to the number of offences under each type of offence as a person may have multiple records under one or more classes of offence; and
· the data is manually recorded and where there are multiple offences, all offence types may not be reflected.
In addition, the offence types do not always reflect the relevance of the offence to child-related work. For example, many Class 3 offences are for traffic, dishonesty or other offences of little relevance on their own to a decision under the WWC Act. Some Class 3 offences, however, may on assessment reveal behaviour that is highly relevant such as entrenched patterns of violence where children were present.
Classes and status of offence instances recorded 2012/13
Class 1
Conviction
Pending Charge
Non-conviction
sexual
7
2
7
Class 2
Conviction
Pending Charge
Non-conviction
sexual
58
8
66
violence
20
0
16
drug
1
0
0
other
5
0
1
Class 3
Conviction
Pending Charge
Non-conviction
sexual
58
1
15
violence
1,400
33
374
drug
1,436
7
44
other
15,993
64
313
(b) The data is unable to be broken down to provide the number of applicants that had prior crimminal histories and were denied WWC cards. However, of the 131 persons denied a WWC Card in 2012/13; 101 people were issued with Negative Notices, 16 people had Interim Negative Notices in place at 30 June 2013 and 14 people had their WWC Card otherwise cancelled following receipt of new criminal record information.
(c) The Working with Children Screening Unit is responsible for implementing the
Working with Children (Criminal Record Checking) Act 2004
in the Department for Child Protection and Family Support.
(d) The Working with Children Screening Unit's allocated FTE is 43.5. The entire Unit contributes to the processing of WWC Card applications through functions such as engaging stakeholders in applying the legislation correctly, managing the information system that underpins the processing, sourcing the information required for assessment, assessing the criminal record and other relevant information, undertaking the legal, policy and compliance work required and managing external contracts for the receipt of applications, criminal records and production of cards.
(e) In February 2013 the FTE usage was 45.4, with an additional three contractors also engaged on a short term basis to assist with the peak demand.
Working with Children (Criminal Record Checking) Act 2004
these must be considered under prescribed legal tests (alongside other relevant information) according to whether they are Class 1, Class 2 or Class 3 offences; and also whether the status of these offences include convictions, charges yet to be heard in court (pending charges) or charges that did not proceed or did not result in conviction (non-conviction charges).
The details of criminal records are available only on a case-by-case basis and what is provided below is a table of the number of instances the classes and status of offences are recorded. The WWC data also records general descriptors as to whether sexual, violent, drug or other types of behaviour is involved. Please note that:
· this does
not
reflect the number of applicants, many of whom have multiple offence types;
· the instances of criminal record type does not equate to the number of offences under each type of offence as a person may have multiple records under one or more classes of offence; and
· the data is manually recorded and where there are multiple offences, all offence types may not be reflected.
In addition, the offence types do not always reflect the relevance of the offence to child-related work. For example, many Class 3 offences are for traffic, dishonesty or other offences of little relevance on their own to a decision under the WWC Act. Some Class 3 offences, however, may on assessment reveal behaviour that is highly relevant such as entrenched patterns of violence where children were present.
Classes and status of offence instances recorded 2012/13
Class 1
Conviction
Pending Charge
Non-conviction
sexual
7
2
7
Class 2
Conviction
Pending Charge
Non-conviction
sexual
58
8
66
violence
20
0
16
drug
1
0
0
other
5
0
1
Class 3
Conviction
Pending Charge
Non-conviction
sexual
58
1
15
violence
1,400
33
374
drug
1,436
7
44
other
15,993
64
313
(b) The data is unable to be broken down to provide the number of applicants that had prior crimminal histories and were denied WWC cards. However, of the 131 persons denied a WWC Card in 2012/13; 101 people were issued with Negative Notices, 16 people had Interim Negative Notices in place at 30 June 2013 and 14 people had their WWC Card otherwise cancelled following receipt of new criminal record information.
(c) The Working with Children Screening Unit is responsible for implementing the
Working with Children (Criminal Record Checking) Act 2004
in the Department for Child Protection and Family Support.
(d) The Working with Children Screening Unit's allocated FTE is 43.5. The entire Unit contributes to the processing of WWC Card applications through functions such as engaging stakeholders in applying the legislation correctly, managing the information system that underpins the processing, sourcing the information required for assessment, assessing the criminal record and other relevant information, undertaking the legal, policy and compliance work required and managing external contracts for the receipt of applications, criminal records and production of cards.
(e) In February 2013 the FTE usage was 45.4, with an additional three contractors also engaged on a short term basis to assist with the peak demand.
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