A WA parliamentary question addresses the requirement for Working with Children Cards for grandparents caring for children under CEO care, and the exemption for step-parents with criminal convictions. The Minister clarifies the legislation and encourages reporting of child safety concerns.

AnsweredQoN 1263Legislative Council
Asked
5 December 2007
Portfolio
Child Protection

QuestionView source ↗

WORKING WITH CHILDREN CARD
I refer to the working with children card. (1) Why does the Department for Child Protection require the grandparents of a four-year-old child who is in the care of the chief executive officer but living with her grandparents to have a working with children card? (2) The mother of this child lives with a man who has criminal convictions, yet he has not been asked to get a working with children card because he is deemed to be the child’s stepfather. Is it correct that he is not required to have such a card although he, too, has access this child? (3) Do all grandparents of children in the care of the CEO who have access to their grandchildren need to produce a working with children card? (4) What criminal convictions would preclude a person from holding a working with children card? Hon SUE ELLERY

AnswerView source ↗

I thank the honourable member for some notice of the question. (1) One of the categories of child-related work in the Working with Children (Criminal Record Checking) Act 2004 is - (vi) a placement arrangement under the Children and Community Services Act 2004 ; Hon Robyn McSweeney : Does that include grandparents? Hon SUE ELLERY : Hear me out. Persons providing such placement arrangements, be they formal foster carers or formal relative carers who are in the formal system, and are assessed as such, are required to have a working with children check. (2) A working with children card is required for people who are in child-related work as defined by the Working with Children (Criminal Record Checking) Act 2004. Access to a child by virtue of being a step-parent does not constitute child-related work; therefore, a working with children card is not required. I do appreciate that the honourable member has not exercised her ability to identify the child and others in this particular matter. Hon Robyn McSweeney : I wouldn’t. Hon SUE ELLERY : No, and I am not suggesting she would. If the honourable member has information about a particular matter that gives her concern about the safety of a child, I encourage her to provide it to the department to allow for investigation and response. (3) No. Only grandparents who are formal relative carers require a working with children card, as they are in child-related work as defined by the act, because they are providing a placement for a child in the care of the CEO. (4) Class 1 convictions scheduled under the act and committed by an adult result in an automatic negative notice. Class 2 offence convictions also result in a negative notice unless exceptional circumstances are identified. Negative notices can also be issued for any other conviction, or for certain pending or non-conviction charges if exceptional or particular circumstances are identified that indicate a child may be harmed. I have a copy of the fact sheet with these offences set out, which I seek leave to table. Leave granted. [See paper 3604.]
(1) Why does the Department for Child Protection require the grandparents of a four-year-old child who is in the care of the chief executive officer but living with her grandparents to have a working with children card? (2) The mother of this child lives with a man who has criminal convictions, yet he has not been asked to get a working with children card because he is deemed to be the child’s stepfather. Is it correct that he is not required to have such a card although he, too, has access this child? (3) Do all grandparents of children in the care of the CEO who have access to their grandchildren need to produce a working with children card? (4) What criminal convictions would preclude a person from holding a working with children card? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) One of the categories of child-related work in the Working with Children (Criminal Record Checking) Act 2004 is - (vi) a placement arrangement under the Children and Community Services Act 2004 ; Hon Robyn McSweeney : Does that include grandparents? Hon SUE ELLERY : Hear me out. Persons providing such placement arrangements, be they formal foster carers or formal relative carers who are in the formal system, and are assessed as such, are required to have a working with children check. (2) A working with children card is required for people who are in child-related work as defined by the Working with Children (Criminal Record Checking) Act 2004. Access to a child by virtue of being a step-parent does not constitute child-related work; therefore, a working with children card is not required. I do appreciate that the honourable member has not exercised her ability to identify the child and others in this particular matter. Hon Robyn McSweeney : I wouldn’t. Hon SUE ELLERY : No, and I am not suggesting she would. If the honourable member has information about a particular matter that gives her concern about the safety of a child, I encourage her to provide it to the department to allow for investigation and response. (3) No. Only grandparents who are formal relative carers require a working with children card, as they are in child-related work as defined by the act, because they are providing a placement for a child in the care of the CEO. (4) Class 1 convictions scheduled under the act and committed by an adult result in an automatic negative notice. Class 2 offence convictions also result in a negative notice unless exceptional circumstances are identified. Negative notices can also be issued for any other conviction, or for certain pending or non-conviction charges if exceptional or particular circumstances are identified that indicate a child may be harmed. I have a copy of the fact sheet with these offences set out, which I seek leave to table. Leave granted. [See paper 3604.]
(2) The mother of this child lives with a man who has criminal convictions, yet he has not been asked to get a working with children card because he is deemed to be the child’s stepfather. Is it correct that he is not required to have such a card although he, too, has access this child? (3) Do all grandparents of children in the care of the CEO who have access to their grandchildren need to produce a working with children card? (4) What criminal convictions would preclude a person from holding a working with children card? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) One of the categories of child-related work in the Working with Children (Criminal Record Checking) Act 2004 is - (vi) a placement arrangement under the Children and Community Services Act 2004 ; Hon Robyn McSweeney : Does that include grandparents? Hon SUE ELLERY : Hear me out. Persons providing such placement arrangements, be they formal foster carers or formal relative carers who are in the formal system, and are assessed as such, are required to have a working with children check. (2) A working with children card is required for people who are in child-related work as defined by the Working with Children (Criminal Record Checking) Act 2004. Access to a child by virtue of being a step-parent does not constitute child-related work; therefore, a working with children card is not required. I do appreciate that the honourable member has not exercised her ability to identify the child and others in this particular matter. Hon Robyn McSweeney : I wouldn’t. Hon SUE ELLERY : No, and I am not suggesting she would. If the honourable member has information about a particular matter that gives her concern about the safety of a child, I encourage her to provide it to the department to allow for investigation and response. (3) No. Only grandparents who are formal relative carers require a working with children card, as they are in child-related work as defined by the act, because they are providing a placement for a child in the care of the CEO. (4) Class 1 convictions scheduled under the act and committed by an adult result in an automatic negative notice. Class 2 offence convictions also result in a negative notice unless exceptional circumstances are identified. Negative notices can also be issued for any other conviction, or for certain pending or non-conviction charges if exceptional or particular circumstances are identified that indicate a child may be harmed. I have a copy of the fact sheet with these offences set out, which I seek leave to table. Leave granted. [See paper 3604.]
(3) Do all grandparents of children in the care of the CEO who have access to their grandchildren need to produce a working with children card? (4) What criminal convictions would preclude a person from holding a working with children card? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) One of the categories of child-related work in the Working with Children (Criminal Record Checking) Act 2004 is - (vi) a placement arrangement under the Children and Community Services Act 2004 ; Hon Robyn McSweeney : Does that include grandparents? Hon SUE ELLERY : Hear me out. Persons providing such placement arrangements, be they formal foster carers or formal relative carers who are in the formal system, and are assessed as such, are required to have a working with children check. (2) A working with children card is required for people who are in child-related work as defined by the Working with Children (Criminal Record Checking) Act 2004. Access to a child by virtue of being a step-parent does not constitute child-related work; therefore, a working with children card is not required. I do appreciate that the honourable member has not exercised her ability to identify the child and others in this particular matter. Hon Robyn McSweeney : I wouldn’t. Hon SUE ELLERY : No, and I am not suggesting she would. If the honourable member has information about a particular matter that gives her concern about the safety of a child, I encourage her to provide it to the department to allow for investigation and response. (3) No. Only grandparents who are formal relative carers require a working with children card, as they are in child-related work as defined by the act, because they are providing a placement for a child in the care of the CEO. (4) Class 1 convictions scheduled under the act and committed by an adult result in an automatic negative notice. Class 2 offence convictions also result in a negative notice unless exceptional circumstances are identified. Negative notices can also be issued for any other conviction, or for certain pending or non-conviction charges if exceptional or particular circumstances are identified that indicate a child may be harmed. I have a copy of the fact sheet with these offences set out, which I seek leave to table. Leave granted. [See paper 3604.]
(4) What criminal convictions would preclude a person from holding a working with children card? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) One of the categories of child-related work in the Working with Children (Criminal Record Checking) Act 2004 is - (vi) a placement arrangement under the Children and Community Services Act 2004 ; Hon Robyn McSweeney : Does that include grandparents? Hon SUE ELLERY : Hear me out. Persons providing such placement arrangements, be they formal foster carers or formal relative carers who are in the formal system, and are assessed as such, are required to have a working with children check. (2) A working with children card is required for people who are in child-related work as defined by the Working with Children (Criminal Record Checking) Act 2004. Access to a child by virtue of being a step-parent does not constitute child-related work; therefore, a working with children card is not required. I do appreciate that the honourable member has not exercised her ability to identify the child and others in this particular matter. Hon Robyn McSweeney : I wouldn’t. Hon SUE ELLERY : No, and I am not suggesting she would. If the honourable member has information about a particular matter that gives her concern about the safety of a child, I encourage her to provide it to the department to allow for investigation and response. (3) No. Only grandparents who are formal relative carers require a working with children card, as they are in child-related work as defined by the act, because they are providing a placement for a child in the care of the CEO. (4) Class 1 convictions scheduled under the act and committed by an adult result in an automatic negative notice. Class 2 offence convictions also result in a negative notice unless exceptional circumstances are identified. Negative notices can also be issued for any other conviction, or for certain pending or non-conviction charges if exceptional or particular circumstances are identified that indicate a child may be harmed. I have a copy of the fact sheet with these offences set out, which I seek leave to table. Leave granted. [See paper 3604.]
Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) One of the categories of child-related work in the Working with Children (Criminal Record Checking) Act 2004 is - (vi) a placement arrangement under the Children and Community Services Act 2004 ; Hon Robyn McSweeney : Does that include grandparents? Hon SUE ELLERY : Hear me out. Persons providing such placement arrangements, be they formal foster carers or formal relative carers who are in the formal system, and are assessed as such, are required to have a working with children check. (2) A working with children card is required for people who are in child-related work as defined by the Working with Children (Criminal Record Checking) Act 2004. Access to a child by virtue of being a step-parent does not constitute child-related work; therefore, a working with children card is not required. I do appreciate that the honourable member has not exercised her ability to identify the child and others in this particular matter. Hon Robyn McSweeney : I wouldn’t. Hon SUE ELLERY : No, and I am not suggesting she would. If the honourable member has information about a particular matter that gives her concern about the safety of a child, I encourage her to provide it to the department to allow for investigation and response. (3) No. Only grandparents who are formal relative carers require a working with children card, as they are in child-related work as defined by the act, because they are providing a placement for a child in the care of the CEO. (4) Class 1 convictions scheduled under the act and committed by an adult result in an automatic negative notice. Class 2 offence convictions also result in a negative notice unless exceptional circumstances are identified. Negative notices can also be issued for any other conviction, or for certain pending or non-conviction charges if exceptional or particular circumstances are identified that indicate a child may be harmed. I have a copy of the fact sheet with these offences set out, which I seek leave to table. Leave granted. [See paper 3604.]
I thank the honourable member for some notice of the question. (1) One of the categories of child-related work in the Working with Children (Criminal Record Checking) Act 2004 is - (vi) a placement arrangement under the Children and Community Services Act 2004 ; Hon Robyn McSweeney : Does that include grandparents? Hon SUE ELLERY : Hear me out. Persons providing such placement arrangements, be they formal foster carers or formal relative carers who are in the formal system, and are assessed as such, are required to have a working with children check. (2) A working with children card is required for people who are in child-related work as defined by the Working with Children (Criminal Record Checking) Act 2004. Access to a child by virtue of being a step-parent does not constitute child-related work; therefore, a working with children card is not required. I do appreciate that the honourable member has not exercised her ability to identify the child and others in this particular matter. Hon Robyn McSweeney : I wouldn’t. Hon SUE ELLERY : No, and I am not suggesting she would. If the honourable member has information about a particular matter that gives her concern about the safety of a child, I encourage her to provide it to the department to allow for investigation and response. (3) No. Only grandparents who are formal relative carers require a working with children card, as they are in child-related work as defined by the act, because they are providing a placement for a child in the care of the CEO. (4) Class 1 convictions scheduled under the act and committed by an adult result in an automatic negative notice. Class 2 offence convictions also result in a negative notice unless exceptional circumstances are identified. Negative notices can also be issued for any other conviction, or for certain pending or non-conviction charges if exceptional or particular circumstances are identified that indicate a child may be harmed. I have a copy of the fact sheet with these offences set out, which I seek leave to table. Leave granted. [See paper 3604.]
(1) One of the categories of child-related work in the Working with Children (Criminal Record Checking) Act 2004 is - (vi) a placement arrangement under the Children and Community Services Act 2004 ; Hon Robyn McSweeney : Does that include grandparents? Hon SUE ELLERY : Hear me out. Persons providing such placement arrangements, be they formal foster carers or formal relative carers who are in the formal system, and are assessed as such, are required to have a working with children check. (2) A working with children card is required for people who are in child-related work as defined by the Working with Children (Criminal Record Checking) Act 2004. Access to a child by virtue of being a step-parent does not constitute child-related work; therefore, a working with children card is not required. I do appreciate that the honourable member has not exercised her ability to identify the child and others in this particular matter. Hon Robyn McSweeney : I wouldn’t. Hon SUE ELLERY : No, and I am not suggesting she would. If the honourable member has information about a particular matter that gives her concern about the safety of a child, I encourage her to provide it to the department to allow for investigation and response. (3) No. Only grandparents who are formal relative carers require a working with children card, as they are in child-related work as defined by the act, because they are providing a placement for a child in the care of the CEO. (4) Class 1 convictions scheduled under the act and committed by an adult result in an automatic negative notice. Class 2 offence convictions also result in a negative notice unless exceptional circumstances are identified. Negative notices can also be issued for any other conviction, or for certain pending or non-conviction charges if exceptional or particular circumstances are identified that indicate a child may be harmed. I have a copy of the fact sheet with these offences set out, which I seek leave to table. Leave granted. [See paper 3604.]
Hon SUE ELLERY : Hear me out. Persons providing such placement arrangements, be they formal foster carers or formal relative carers who are in the formal system, and are assessed as such, are required to have a working with children check. (2) A working with children card is required for people who are in child-related work as defined by the Working with Children (Criminal Record Checking) Act 2004. Access to a child by virtue of being a step-parent does not constitute child-related work; therefore, a working with children card is not required. I do appreciate that the honourable member has not exercised her ability to identify the child and others in this particular matter. Hon Robyn McSweeney : I wouldn’t. Hon SUE ELLERY : No, and I am not suggesting she would. If the honourable member has information about a particular matter that gives her concern about the safety of a child, I encourage her to provide it to the department to allow for investigation and response. (3) No. Only grandparents who are formal relative carers require a working with children card, as they are in child-related work as defined by the act, because they are providing a placement for a child in the care of the CEO. (4) Class 1 convictions scheduled under the act and committed by an adult result in an automatic negative notice. Class 2 offence convictions also result in a negative notice unless exceptional circumstances are identified. Negative notices can also be issued for any other conviction, or for certain pending or non-conviction charges if exceptional or particular circumstances are identified that indicate a child may be harmed. I have a copy of the fact sheet with these offences set out, which I seek leave to table. Leave granted. [See paper 3604.]
Hon SUE ELLERY : No, and I am not suggesting she would. If the honourable member has information about a particular matter that gives her concern about the safety of a child, I encourage her to provide it to the department to allow for investigation and response. (3) No. Only grandparents who are formal relative carers require a working with children card, as they are in child-related work as defined by the act, because they are providing a placement for a child in the care of the CEO. (4) Class 1 convictions scheduled under the act and committed by an adult result in an automatic negative notice. Class 2 offence convictions also result in a negative notice unless exceptional circumstances are identified. Negative notices can also be issued for any other conviction, or for certain pending or non-conviction charges if exceptional or particular circumstances are identified that indicate a child may be harmed. I have a copy of the fact sheet with these offences set out, which I seek leave to table. Leave granted. [See paper 3604.]
(3) No. Only grandparents who are formal relative carers require a working with children card, as they are in child-related work as defined by the act, because they are providing a placement for a child in the care of the CEO. (4) Class 1 convictions scheduled under the act and committed by an adult result in an automatic negative notice. Class 2 offence convictions also result in a negative notice unless exceptional circumstances are identified. Negative notices can also be issued for any other conviction, or for certain pending or non-conviction charges if exceptional or particular circumstances are identified that indicate a child may be harmed. I have a copy of the fact sheet with these offences set out, which I seek leave to table. Leave granted. [See paper 3604.]
(4) Class 1 convictions scheduled under the act and committed by an adult result in an automatic negative notice. Class 2 offence convictions also result in a negative notice unless exceptional circumstances are identified. Negative notices can also be issued for any other conviction, or for certain pending or non-conviction charges if exceptional or particular circumstances are identified that indicate a child may be harmed. I have a copy of the fact sheet with these offences set out, which I seek leave to table. Leave granted. [See paper 3604.]
[See paper 3604.]

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