NZSTA Vulnerable Children Act 2014 Employers’ responsibilities Diane Squire, Employment Advisor 16/09/16

Key dates  All new core and non-core workers must be safety checked before commencing employment  1 July 2018 – all existing core workers must have been checked by this date.  1 July 2019 – all existing non-core workers must have been checked by this date.

Policy & Procedures Develop for your kura or school NZSTA Policy Framework 2016 Vulnerable Children Act 2014 A practical guide for Early Childhood Education Services, Nga Kohanga Reo, Playgroups, Schools and Kura” (Part 6)

What is a core worker? Core worker means a children’s worker whose work in, or providing a regulated service requires or allows that, when the person is present with a child or children in the course of that work, the person is either: the only person present; or is the children’s worker who has primary responsibility for, or authority over the child or children present. Non-core worker means a children’s worker who is not a core worker

How to decide if unsure – considerations that may be helpful (For advice : )

Mandatory checks What is the check? What resources are available to you to support finding the information? How to evidence that you have done and considered them – this is Check number 7

Mandatory check 1 1 Identity confirmed, either by: 1. Use of an electronic identity credential (e.g., the RealMe identity verification services) and a search of personnel records to check that the identity has not been claimed by someone else. or 2. Following the regulatory process to provide confidence that:  The identity exists (i.e. that it is not fictitious) by checking an original primary identity document.  The identity is a ‘living’ identity and the potential children’s worker uses that identity in the community by checking an original secondary identity document.  The potential children’s worker links to the identity either by checking an identity document that contains a photo, or by using an identity referee.  Searching personnel records to check that the identity has not been claimed by someone else.

Resources “The Booklet” “Children’s worker safety checking under the Vulnerable Children Act 2014 – interpreting and applying…”– see from page 17 workforce/Childrens-worker-safety-checking-under-the-Vulnerable- Children-Act-RC-v1-02.pdf NZSTA Application form Are you known by any other names, your birth name is…

Mandatory checks 2 & 3 2 An interview of the potential children’s worker. The interview may be conducted via telephone or other communications technology. 3 Obtaining and considering a work history, covering the preceding five years, provided by the potential children’s worker.

Resources  Interviews: We recommend structured interviews = An interview with pre-planned questions that all candidates are asked and responses are scored. Interviewers chosen carefully for their experience, knowledge and skills, with at least one having broad child protection knowledge. Ask at least one, preferably more, questions on child safety. The booklet has examples of questions from page 22  Work history: NZSTA Application form Applicants are asked to provide you with that information

Mandatory checks 4 & 5 4 Obtaining and considering information from at least one referee, not related to the potential children’s worker or part of their extended family. 5 Seeking information from any relevant professional organisation, licensing authority, or registration authority, including (by not limited to) confirmation that the potential children’s worker is currently a member of the organisation, or currently licensed or registered by the authority.

Resources The booklet has good questions for referees & other sources – see from page 24 Uploads/childrens-workforce/Childrens-worker-safety- checking-under-the-Vulnerable-Children-Act-RC-v1-02.pdf  NZSTA Application form Applicants are asked to give you approval to obtain information related to their application for the position from both sources – if they don’t then ask why before going further

Mandatory checks 6 & 7 6 Obtaining an considering information from a New Zealand Police vet, unless at least three-yearly New Zealand Police vetting is already a condition of the potential children’s worker holding professional registration or a practicing certificate (and the specified organisation has confirmed that that registration or certificate is current). 7 Evaluation of the above information to assess the risk the potential children’s worker would pose to the safety of children if employed or engaged, taking into account whether the role is a core children’s worker or non-core children’s worker role.

Resources (1/2) Police vetting – on front page of NZSTA Application form 5 questions on such matters in the form Assess the risk Recruitment templates recruitment-matrices-v-july-2015.doc A set of tables to record your Shortlisting, Interview and Reference checking scores on (structured interview) and an Appointment Decision Matrix

Resources (2/2) APPOINTMENT DECISION MATRIX This table is your risk assessment – Check 7 - the proof that you have considered all information in making your decision. You must keep it on the successful candidate’s personal file.

Checking existing workers & periodic rechecking Rechecking is three yearly so long as the worker is employed In summary: Identity confirmation; seeking relevant information from any relevant professional organization, licensing authority or registration authority; New Zealand Police vet; evaluation of that information to assess the risk the worker would pose to the safety of children For specifics in each scenario refer to page 6 of the booklet Children’s worker safety checking under the Vulnerable Children Act 2014

Adults coming to my kura or school - what checks? Reference sheets available

Schedule 2 offences Unlawful to employee a person with these Applicant They cannot start work Have the right to seek an exemption if they wish to work as a Core worker: guidance-for-individuals-1-13a.pdf Existing employees They must be suspended from all duties that require them to be a Core Worker. Contact NZSTA for Guidance – must follow a specific process

Defences That you took all reasonable steps Short-term emergencies ….that ALL the following conditions applied: (a) You considered that an emergency had occurred, or unexpected conditions had arisen, that increased the risks to any children to whom you provide regulated services: (b) in order to reduce the risks to those children, you employed or engaged additional children’s workers: (c) any of those children’s workers who were not safety checked were employed or engaged by you for no more than 5 consecutive working days.

Consequences … Specified offence notification:  Continues to engage a Core worker with the above  Process to address that not followed as per the Act  If convicted a $50,000 fine

Questions NZSTA ADVISORY & SUPPORT CENTER