❓ Hon Nick Goiran raises concerns about a safeguarding gap in the Working with Children Check scheme regarding apprentices under 18, questioning why employers/supervisors aren't required to have checks. The Minister responds that changes will be considered in the next statutory review after 2028.
AnsweredQoN 1202Legislative Council
QuestionView source ↗
Working with children check scheme—Apprentices
1202. Hon Nick Goiran to
the minister representing the Minister for Child
Protection:
I refer to the
consultation paper Phase 2 reform—Western
Australia's Working with Children legislation .
(1) Is the minister aware that the consultation
paper does not address the safeguarding gap in which employers or direct
supervisors of children, including apprentices under 18, are not required to
obtain working with children checks?
(2) If yes to (1), why was this issue excluded
when it has previously been drawn to the minister's attention?
(3) Does the minister intend to do anything about
this?
(4) If yes to (3), when?
(5) If no to (1) or (3), why not?
1202. Hon Nick Goiran to
the minister representing the Minister for Child
Protection:
I refer to the
consultation paper Phase 2 reform—Western
Australia's Working with Children legislation .
(1) Is the minister aware that the consultation
paper does not address the safeguarding gap in which employers or direct
supervisors of children, including apprentices under 18, are not required to
obtain working with children checks?
(2) If yes to (1), why was this issue excluded
when it has previously been drawn to the minister's attention?
(3) Does the minister intend to do anything about
this?
(4) If yes to (3), when?
(5) If no to (1) or (3), why not?
AnswerView source ↗
I thank the Leader
of the Opposition for some notice of the question. The following response has
been provided by the Minister for Child Protection.
The Department of
Communities advises the following.
(1) The Working with Children
(Screening) Act 2004 does not require employers or supervisors of
children or persons working in the same capacity as the child in the workplace
to have a working with children check, except when the work is "child-related
work" as defined in section 6 of the act. The legislated definition of "child-related
work" seeks to achieve a considered balance between capturing persons and
ensuring the system remains effective and not overloaded. This accords with the
recommendations of the Royal Commission into Institutional Responses to Child
Sexual Abuse in its 2015 Working with Children
Checks Report .
(2) The potential reforms outlined in the
consultation paper are intended to address the remaining recommendations of the
Royal Commission into Institutional Responses to Child Sexual Abuse's Working with Children Checks
Report , related national standards, the statutory review of the Working with Children
(Criminal Record Checking) Act 2004 and key operational and
effectiveness issues.
(3)–(5) Further
changes will be considered as part of the next statutory review of the Working with Children (Screening) Act 2004 as
soon as practicable after 1 July 2028.
of the Opposition for some notice of the question. The following response has
been provided by the Minister for Child Protection.
The Department of
Communities advises the following.
(1) The Working with Children
(Screening) Act 2004 does not require employers or supervisors of
children or persons working in the same capacity as the child in the workplace
to have a working with children check, except when the work is "child-related
work" as defined in section 6 of the act. The legislated definition of "child-related
work" seeks to achieve a considered balance between capturing persons and
ensuring the system remains effective and not overloaded. This accords with the
recommendations of the Royal Commission into Institutional Responses to Child
Sexual Abuse in its 2015 Working with Children
Checks Report .
(2) The potential reforms outlined in the
consultation paper are intended to address the remaining recommendations of the
Royal Commission into Institutional Responses to Child Sexual Abuse's Working with Children Checks
Report , related national standards, the statutory review of the Working with Children
(Criminal Record Checking) Act 2004 and key operational and
effectiveness issues.
(3)–(5) Further
changes will be considered as part of the next statutory review of the Working with Children (Screening) Act 2004 as
soon as practicable after 1 July 2028.
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