• Section 1 - Key Information
• Section 2 - Purpose
• Section 3 - Scope
• Section 4 - Roles and Responsibilities
• Section 5 - Policy Statement
• Section 6 - Procedures
• Part A - Staff Exemptions
• Part B - Applying for a Working with Children Check
• Staff, Volunteers, Contractors, Honorary and Adjunct Appointments and Students Undertaking Child Related Work
• CONAGOTHS
• Students Undertaking Child Related Work or Professional Placements
• Students Undertaking Child Related Research
• Part C - Managing Non-Compliance and Exclusion Notices
• Part D - Record Keeping
• Section 7 - Definitions
• Section 8 - Authority and Associated Information

Section 1 - Key Information

Section 2 - Purpose

(1) The Worker Screening Act 2020 (Vic) prescribes the use of the Working with Children Check (WWCC) for adults who work with children in a paid or volunteer capacity. The WWCC assists in protecting children from sexual and physical harm by ensuring that people who work with them are subject to a screening process.

(2) This Policy sets out how the University will ensure that all staff, as well as all volunteers, honorary and adjunct appointees, students and contractors, have a valid Victorian Employee or Volunteer WWCC Check or Victorian Institute of Teaching (VIT) registration.

(3) This Policy supports the University’s obligations under the Victorian Child Safe Standards and the National Higher Education Code to Prevent and Respond to Gender-based Violence.

Section 3 - Scope

(4) This Policy applies to:

1. all staff, irrespective of whether or not that person’s work, activities or services directly relates to or otherwise involves children;
2. all volunteers, contractors and honorary and adjunct appointments;
3. students undertaking child related work, professional placements or research;
4. research activities where the University is the lead organisation.

(5) This Policy does not apply to:

1. visitors to the University (this does not include University staff visting from another campus);
2. individuals and organisations who are operating in an offshore jurisdiction;
3. children who may be engaged by the University in any capacity.

Section 4 - Roles and Responsibilities

Section 5 - Policy Statement

(6) In order to prevent risks associated with the employment and engagement of inappropriate persons, the University applies heightened probity standards in its compliance with the Worker Screening Act 2020 (Vic).

(7) The University will not employ anyone unless they apply for and obtain a valid, positive WWC prior to commencing at the University, or meet a valid exemption under this Policy.

(8) The University will not engage a person as a volunteer (including honorary and adjunct appointee) or contractor unless they can provide evidence of a valid, positive WWCC, or meet a valid exemption under this Policy.

(9) Students of the University whose course of study involves child-related work, professional placements involving children or research involving children are required to obtain a valid, positive WWCC before undertaking any such work, placement or research.

(10) The University recognises that behaviours associated with gender-based violence may indicate an increased risk to children. When assessing applicants for roles involving child-related work, the University will address and review disclosures of any history, allegations or findings relating to gender-based violence, sexual harassment, intimidation, coercion, discrimination or grooming behaviour. Such conduct is considered incompatible with working with children, and where relevant concerns are identified.

Section 6 - Procedures

Part A - Staff Exemptions

(11) Exemptions will not be granted to anyone employed or engaged by the University to:

1. supervise a child under the age of 18; or
2. work in a service regulated by the Children's Services Act 1996 or in an education and care service under the Educational and Care National Services Act 2010.

(12) Exemptions from the requirement to have a WWCC at the commencement of an engagement with the University are only recognised in specified cases as outlined in Schedule A - WWC Applicability.

(13) An exemption is valid for the period of the engagement only and is specific to the engagement with which it was assessed under. Reassessment of an exemption is needed if either the specific nature of the engagement changes o where an extension to the engagement is provided by the University.

(14) Exemptions other than those included in Schedule A - WWC Applicability may be granted by the Chief People Officer. The Vice-Chancellor, Chief Operating Officer, the Deputy Vice-Chancellors or Provost may also grant exemptions based on advice from the Chief People Officer.

Part B - Applying for a Working with Children Check

(15) The Working with Children Check Victoria website provides information on Working with Children Checks and the application process. All persons engaged or associated with the University who need to obtain a check should refer to this website to commence their application process.

(16) People & Culture is responsible for ensuring the University’s requirements regarding WWC are clearly stated, advertised and advised during the recruitment process.

(17) All persons required to obtain or renew an employment WWCC under this Policy must do so at their own cost.

Staff, Volunteers, Contractors, Honorary and Adjunct Appointments and Students Undertaking Child Related Work

(18) Prior to commencing employment/engagement with the University, staff, volunteers, contractors, honorary and adjunct appointments, and students undertaking child related work are responsible for:

1. providing evidence of a positive Victorian WWCC; or
2. obtaining a WWCC in your state of residence if you live outside of Victoria. if your circumstances change and you relocate to Victoria, you must obtain a Victorian WWCC prior to your commencement date.
3. disclosing to the University any relevant allegations, investigations, or findings relating to gender-based violence, sexual harassment, sexual misconduct, or other inappropriate conduct, including details from previous employment or legal proceedings (excluding spent convictions), in accordance with the National Code on Gender-Based Violence, the WWCC, and the Victorian Child Safe Standards;
4. meeting the WWCC requirements of the state or territory in which they are working/volunteering/undertaking activities, this may require holding/obtaining valid WWCC in more than one state or territory. If this need arises you must engage your supervisor and P&C immediately.

(19) Honorary and Adjunct appointees may be considered volunteer workers for the purposes of the Act providing they do not undertake any other paid work for the University or for another organisation for the same child-related work.

(20) The WWCC is free for volunteers.

(21) Each individual is responsible for confirming they comply with the volunteer WWCC eligibility requirements. It is an offence to use Volunteer WWCC to do paid work knowing you have a volunteer WWCC and the work is for profit or gain.

(22) Staff must notify the relevant Victorian Government department via the Service Victoria website of their engagement with the University within 21 days of commencing employment or other form of engagement.

(23) Throughout the engagement with the University, staff, volunteers, honorary and adjunct appointees and contractors are required to notify:

1. the University via AskP&C within 48 hours of a relevant change in circumstances including being charged, found guilty or convicted of an offence or receive an Exclusion Notice;
2. within 21 days notify Service Victoria of a change in personal details (name, address, email, phone number) or the organisation/employer’s details (name, address, phone number);
3. ensure they renew their WWCC and update their details in the P&C system, including their WWCC card number, expiry date and upload a copy of their updated documentation via the AskP&C form. Instructions on how to update details are available via the intranet.

(24) Further information for staff is provided via the Working With Children and the Working with Children Check Victoria website.

CONAGOTHS

(25) It is the responsibility of the CONAGOTH manager to ensure that a valid Victorian Employee WWCC has been completed for the CONAGOTH as per the contract requirements.

Students Undertaking Child Related Work or Professional Placements

(26) Prior to undertaking any child related work or professional placements, students are responsible for:

1. ensuring they apply for a WWCC by the required date
2. uploading their WWCC card into the placement management system
3. taking their WWCC card to the relevant School for sighting and registration

(27) Students must take their WWCC card with them while on placements and present the WWCC card on request to an agency where the placement is being undertaken.

(28) Each student is responsible for ensuring they have the correct WWCC.

1. Students are considered volunteer workers for the purposes of the Act when undertaking unpaid practical or clinical placements;
2. Students undertaking paid placements or child related work will require an employee WWCC.

(29) Students undertaking paid child related work or paid professional placements with the University may be required to disclose to the University any relevant allegations, investigations, or findings relating to gender-based violence, sexual harassment, sexual misconduct, or other inappropriate conduct, including details from previous employment or legal proceedings (excluding spent convictions), in accordance with the National Higher Education Code to Prevent and Respond to Gender-Based Violence and the Victorian Child Safe Standards.

(30) Throughout the engagement with the University, students are required to notify:

1. the University via the Placements Team within 7 days of a relevant change in circumstances including being charged, found guilty or convicted of an offence or receive an Exclusion Notice;
2. within 21 days notify the relevant government department of a change in personal details (name, address, email, phone number)or the organisation/employer’s details (name, address, phone number).

(31) Further information for students is provided via the Working With Children and the Working with Children Check Victoria website.

Students Undertaking Child Related Research

(32) Prior to undertaking any research involving children, students are responsible for:

1. ensuring they apply for and obtain a WWCC before the ethics application is submitted;
2. providing details of their WWCC to the lead investigator for the research project;
3. not commencing any research involving children until ethics approval has been obtained as per the Research Human Ethics Procedure.

(33) Students are considered volunteer workers for the purposes of the Act when undertaking research as part of their course.

(34) Throughout the engagement with the University, students are required to notify:

1. the University via the lead investigator and the Senior Manager, Ethics Integrity and Biosafety within 48 hours of a relevant change in circumstances including being charged, found guilty or convicted of an offence or receive an Exclusion Notice;
2. within 21 days notify the DOJCS of a change in personal details (name, address, email, phone number) or the
   organisation/employer’s details (name, address, phone number).

Part C - Managing Non-Compliance and Exclusion Notices

(35) Ongoing employment, engagement or enrolment with the University may be conditional upon obtaining/maintaining a WWCC.

(36) Where the University identifies non-compliance with WWCC requirements or relevant disclosures under the National Code on Gender-Based Violence and the Victorian Child Safe Standards, the University will take appropriate action and clearly document the outcome, including any decisions regarding suitability for child-related work.

(37) Any failure to hold or maintain a valid WWCC or to comply with disclosure obligations may result in ineligibility to commence or continue child-related work, in accordance with the National Code on Gender-Based Violence, the WWCC, and the Victorian Child Safe Standards.

(38) Staff who fail to obtain or maintain a valid, positive, WWCC, may be grounds for misconduct or serious misconduct. This assessment will be undertaken by People & Culture in consultation with the employee and their manager.

(39) For non-employees required to obtain a WWCC, failure to obtain and maintain a valid, positive WWC may be grounds for removal from University grounds and for termination of the relevant contract, relationship or partnership.

(40) Students who receive a negative WWCC assessment may have their enrolment or course progression affected. In some circumstances, students may be able to apply for credit for any successfully completed subjects towards a course not requiring child-related work.

(41) Research students who receive a negative WWCC assessment will need to work with their supervisors to determin whether they can modify their research plans so they can complete their research without undertaking child-related work.

(42) If a WWCC has expired or is otherwise suspended, the Assessment will not be recognised for the period of that expiry/suspension.

(43) Where the University is appropriately informed, it will take reasonable steps to ensure that:

1. any person subject to obligations, orders or offences for serious sexual, violent or drug offence does not interact on a one-on-one basis, work with or care for children while their application is being processed or their WWC Check reassessed. Such action may include not permitting the person to attend campus.
2. any person who has an Exclusion Notice does not interact on a one-on-one basis, work with or care for children – irrespective of whether they are exempt under the Act. Such action may include not permitting the person to attend campus.

(44) Where an individual is issued with an Exclusion Notice, this will be managed on a case-by-case basis, taking into consideration the circumstances of the non-compliance and the requirements of the individual’s engagement with the University.

Part D - Record Keeping

(45) The responsible area for managing records for WWC compliance are:

(46) All records must be managed and disposed of in accordance with the University's Records Management Policy and the Privacy Policy.

(47) The University may at any point in time, elect to undertake a compliance audit of its own Register and that of its business units, volunteers and engaged contractors.

Section 7 - Definitions

(48) For the purposes of this Policy:

1. Child/Children: a person under the age of 18 years.
2. Child-related work: work that usually involves or is likely to involve regular, direct contact with a child in connection with any of the child-related occupational fields set out in the Worker Screening Act 2020.
3. Contractor: a natural person, business, or corporation that provides goods and/or services through a contract (written or verbal) for a specific purpose and period of time to the University. This includes educational and research partners.
4. Direct Contact: physical contact, face-to-face contact, contact by post or other written communication, contact by telephone or other oral communication, or contact by email or other electronic communication.
5. Engaged: means engaged either:
   1. under a contract of employment or a contract for services (whether written or unwritten);
   2. as part of the duties of a religious vocation;
   3. as an officer or other honorary position; or
   4. as a volunteer.
6. Exclusion notice: refers to a family of notices issued by the Department of Justice and Regulation or similar bodies that indicates the individual named in the notice have not or may not passed the department's assessment of their criminal record or professional conduct. For WWC Check these are (preliminary, interim and negative notices and notice of suspension).
7. Exposure: contact or interaction (including through physical or virtual environments) or contact or interaction that may be made possible as a result of access to personally identifiable information of children, whether or not the contact or interaction is incidental to the work or services the person is engaged to perform.
8. Gender-Based Violence: Any behaviour, action, or pattern of conduct that causes or has the potential to cause physical, sexual, psychological, or economic harm to a person based on their gender, including sexual harassment, sexual assault, intimate partner violence, and other forms of coercion or abuse.
9. Honorary and Adjunct Appointee/Appointment: an individual appointed under the Honorary Appointments Policy.
10. Non-employee: directly appointed contractors, contractors (including teaching and research partners, sub-contractors and agents), collaborators and volunteers.
11. Staff: ongoing, fixed term, casuals, and Council members.
12. Third Party Teaching: an arrangement where La Trobe students are enrolled in a La Trobe award or non-award course of study while based in whole or part at a partner’s premises.
13. Visitor: a person who is visiting someone or somewhere on a University campus and who is not engaged by the University.
14. Volunteer: A volunteer is an individual who undertakes duties or provides services for or on behalf of the University without expectation of payment or other remuneration, and who is not engaged as an employee, contractor, student undertaking required course-related activities, or office holder. Volunteers may include individuals formally appointed by the University to assist with teaching, research, community engagement, events or other institutional activities, this includes honorary and adjunct roles.
15. Working with Children Check or WWCC: a Victorian Working with Children Check (or such recognised equivalent under the Worker Screening Act 2020 (Vic), or other relevant act and/or jurisdiction) being the outcome of the background checking process which is a prerequisite for persons employed, or otherwise engaged by the University within Victoria, and involves a full national criminal history check and a review of reported workplace misconduct.
16. Working with Children Act 2005 (Vic): was repealed on 1 February 2021 and replaced by the Worker Screening Act 2020(Vic).

Section 8 - Authority and Associated Information

(49) This Policy is made under the La Trobe University Act 2009.

(50) Associated information includes:

1. Child Safety and Wellbeing Policy
2. Child Safety Code of Conduct
3. Recruitment Policy
4. Working with Children Check Victoria website
5. Schedule A - WWC Applicability