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Working With Children Registration
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Background to the legislation
Introduce a stronger protections for children and vulnerable Tasmanians that came into effect on July 1, 2014. This is the Registration to Work with Vulnerable People Act 2013 (No. 65 of 2013). The system is being phased in over three years and covers all sectors of the community working with children, vulnerable and at risk persons. It will ensure the potential for sexual, physical, psychological, emotional or financial harm of vulnerable people in Tasmania is minimised. Sport (classified as Child Coaching or Tuition Services) comes under the requirements of this legislation on the 1st of April 2015.
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Who needs to apply? Sport has a number of people requiring mandatory, non-negotiable registration: • Committee/board members • Coaches of a team or those completing individual player instruction • Team managers • State Sporting Organisation staff • Referees and referee coaches • Australian/International “import” players who are fulfilling development officer roles
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Who is exempt (general)
People under the age of 16 Close relatives of the child which by the Relationships Act 2003 People engaged in a regulated activity (other than an overnight camp for children) who are only engaged for short periods and in circumstances involving only incidental physical contact. Certain professions where engaging in regulated activity as part of their role for example a police officer, Australian Federal Police appointee, a correctional officer, a registered health practitioner an Australian lawyer, staff member of, or volunteer for, an approved provider for age care, a licensed financial services agent People who are engaged in a regulated activity for no more than 3 days in a 4- week period, and 7 days in any calendar year, where there is more than incidental contact Those who only have contact with children by telephone Emergency management workers dealing with an emergency People who are registered under another state’s law when the activity is of a similar nature to the activity for no more than 28 days in any 12-month period People the Minister has declared, by order, not to be required to be registered for a particular regulated activity
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Who is exempt (basketball specific)
Team mates in age group Parents of players watching matches/practices (engaged in a regulated activity for short periods and in circumstances involving only incidental physical contact/Close relatives of the child ) Score bench official (engaged in a regulated activity for short periods and in circumstances involving only incidental physical contact) Statisticians (engaged in a regulated activity for short periods and in circumstances involving only incidental physical contact People collecting entry fees on the door (engaged in a regulated activity are short periods and in circumstances involving only incidental physical contact) People selling raffle tickets (engaged in a regulated activity for short periods and in circumstances involving only incidental physical contact)
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How to apply for the check
Fill out an online application form at the Working with Children Check either print the application receipt or make a note of the application number Take the application receipt or application reference number and proof of identity to a Service Tasmania shop, have a photo taken Present with an Australian Photo Driver License with your correct name and address details on it. If you do not have this contact David Munns for assistance Once the application has been processed a Working with Children Check card will be posted (this will take 8 – 12 weeks) A person’s club/employer can confirm the registration on the Working with Children Check website at
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Check type – employed or volunteer
There are two types of fees for people applying for the check either volunteer or employed. The cost for Employment = $ (This equates to $34.53 annually for the three years) Volunteering = $17.76 (This equates to $5.92 annually for the three years). The determination of your status as an employee or volunteer: If you receive no payment, payment of an honorarium/reimbursement or if a person is completing services as a hobby that is not their primary source of income. This person is classified as a volunteer. If a person receives payment for services rendered or an ABN number is quoted and tax is taken. This person is classified as an employee.
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Statement by supplier Definition of volunteer is important to establish. If you complete your officiating and if you receive payment that is an honorarium/reimbursement of costs and you complete a Statement by Supplier. Statement by Supplier is a Australian Tax Office document that is completed by person to say why they have not provided a ABN or TFN. The person completing this document is confirming they are doing this as hobby and not their primary source of income. When placing a claim for their honorarium they complete a statement by supplier. Only done once for each body they are involved.
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What is being checked? A persons individual records will be checked nationally (not internationally) to see if there are charges/convictions that leaves a person at risk of harming a vulnerable person A person’s record is examined looking for: Convictions for all criminal offences you may have All ‘spent’ convictions (convictions that do not need to be ordinarily declared) Any ‘pending’ charges (charges that have not yet been decided by a court) All ‘non-conviction’ charges (charges that have been finalised by a court but did not result in a conviction) What is being looked for Violence Sexual crimes Illegal drug sale or possession Serious vehicle crimes Dishonesty crimes
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Basketball Tasmania recommendations
Appoint a Member Protection Information Officer (MPO) Communicate to all potential people of the legislation and requirements for registration. Include collection of Working With Children Check Reference ID Number as part of your information gathering processes for the season For employees or volunteer organisations DO NOT ACCEPT Working with Children Registration Card or any other paper ‘evidence’ as proof of registration. Use the online system to verify the person has a current Working with Children Registration at confirm the registration status of any paid or volunteer staff in child-related work Working with Children Checks are monitored and employees and organisations should be notified if a Working with Children Check registered to your organisation has been suspended. Store data of registration details in a secure place with accessible by the MPO Attend any regional seminars with the Department of Justice if you have any further questions
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Member protection officer
A person in your organization who provides information to a person who may have a member protection claim based on Harassment Discrimination Bullying Vilification Should be approachable, good communicator, confidential They are nor judge nor jury. The offer advice to the person around options, communicate information and assist in an organization capacity investigation is necessary. They do not offer opinions or give judgment Should not be a highly busy person in your organization Two stages of training online scenarios/free-online-training/63-online-learning/online-learning/1304-member- protection-information-officer-course Face to face training to complete the course Basketball Tasmania and Community Sport and Recreation Tasmania will deliver courses in each region
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Refuels and appeals When you apply for Working with Children Registration, there are only three outcomes: registration to work with children (without conditions) registration to work with children (with conditions) refusal of application to work with children. If your application is refused you have a rite of an appeal. You should contact in this instance Basketball Tasmania Education and Operations Manager for further details.
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Recording of information
We recommend the MPO keeps this data in a spreadsheet listening : Name of person Date of registration Expiry date Should physically site the card or take the details from Do not accept : Pictures Fax's Remembered details Working with children registration is carried across multiple organizations
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Monitoring of the legislation
We have been told, we are telling, you are doing. Treating all as adults and expecting compliance. Advised checks to occur statewide at all levels.
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Basketball Tasmania Sector Guide
Contains all the information to implement the legislation Cobranded by the Department of Justice all_Tasmania_Sector_Guide_1.0.pdf
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1st April 2015 All committee, state sporting organisation staff, coaches, assistant coaches, apprentice coaches, managers, managers assistants, referees, referee coaches, import players acting as development officers have a current working with children check. This data has been recorded by your organisation.
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Stop press…… tion_to_Work_with_Vulnerable_People.pdf Prior to submitting a Commissioner for Declarations must site and witness the document. Who is a Commissioner of Declarations? Doctor, Dentist, Teacher, University Lecturer, Chiropractor, Nurse, Pharmacist, Legal Practitioner, Postal Manager, Teacher, Veterinary Surgeon, Justice of the Peace This is a legal and binding document. To be stored by the organisations MPO
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1st April 2015 All committee, state sporting organisation staff, coaches, assistant coaches, apprentice coaches, managers, managers assistants, referees, referee coaches, import players acting as development officers have a current working with children check. This data has been recorded by your organization. A statutory declaration advising that the Working With Children Check has commenced. Any person that requires registration and has neither the registration details recorded or has not provided the statutory declaration must not be involved with any activities that fall under the areas where the check is required.
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Questions, answers and myths
Status of current checks (State, National Police Check, Good Character Check)? After 1st April 2015 Tasmanian Working With Children Check is the only acceptable check. Teachers who have a current Teachers Registration Board are exempt? In the school environment yes, outside the school gate no. A Working With Children Check is required. International imports need a check? Correct. They must first have the highest level nationwide police check from their homeland. Once they have this they apply for a Working With Children Check, even if they have not been Australia before. We don’t really need this, it is not serious? Yes it is, yes you do. We are trusting you to do this. Think of the impactions of the person, your organization, your sport and you personally
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Further information and questions
In the first place contact David Munns for any MPO or working with children check information David Munns or
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