Vulnerable Children Act 2014
What it means for
Service Providers working with Children
Talk Outline:
• Brief overview of the Vulnerable Children Act (VCA) and the
Children’s Action Plan
• VCA Safety Checking of Children’s Workers
» Who must be safety checked
» Elements of a safety check
» Differences for Core and Non Core Children’s Workers
» Workforce Restrictions and Exemptions
» Timing
• Police Vetting Process, including
» Consent and Evidence of Identity (EOI)
» Application of the Criminal Records (Clean Slate) Act
» Application of the Vulnerable Children Act
» Vetting Results
Why the Vulnerable Children Act and
Children’s Action Plan?
• New Zealand has the 5th worst child abuse and neglect
(CAN) record out of 31 OECD countries
• Nearly 9,000 children a year in NZ are born “at risk” to
CAN (1 in 30)
• Child abuse and neglect costs NZ $2 billion per annum
32% direct costs (health, welfare and justice costs)
35% ongoing costs (health, education, justice costs)
32% decline in productivity and failure to meet potential
• Impact of child abuse and neglect on brain development,
skill formation, cognitive, linguistic, social and emotional
competencies is well understood.
Children’s Action Plan, and
Vulnerable Children Act 2014:
The Vulnerable Children Onion
The Protective Layers to Keep Children Safe
Does the Vulnerable Children Act apply
to my organisation?
Children’s Workforce (CWF)
• Children’s Workforce –anyone in the state
sector (including NGO’s funded by the state)
who work with children regularly or overnight
• CWF – estimated 280,000 in New Zealand
(includes approximately 8,000 Police staff)
• Important Safety Checking requirements which
impact on ‘Child Service’ Providers
Regular or Overnight Contact
(Section 23 VCA)
» regular or overnight contact
contact with a child or children (other than merely incidental)
(i) overnight; or
(ii) at least once each week; or
(iii) at least 4 days each month;
and that contact is any of the following:
(a) physical
(b) oral in person or by telephone
(c) communication via electronic medium (writing or images)
VCA Safety Checking Applies to all paid*, state funded, Children’s Workers
Core Children’s Worker
Non - Core Children’s Worker
(Work alone with or have prime responsibility for child/ren)
(Work with child/ren under the supervision of a core worker)
NEW Children’s Worker
both Core and Non-Core
EXISTING Children’s Worker
(as at the date the regulations commence for ‘Core’
and one year after that for ‘Non Core’)
Safety Checking Elements
(for the first safety check)
·
·
·
·
Interview the applicant
Reference Check/Good Character Check
Identity Verification
Police Vet
Core – within 3 years# of regulations commencing
Non-Core – within 4 years of regulations commencing
Safety Checking Elements
(for the first safety check)
· Identity Verification
· Police Vet
Employers responsibility to assess all the information collected in the safety check and to make an
assessment as to whether the person is safe to work with children or if they pose an ‘undue risk’ to children
# S28 VCA – if the employer ‘believes’ an existing Core Worker has a VCA specified offence they must safety check them within one year of the regulations
commencing and suspend for a minimum of 5 days. See S28 VCA for full details.
Safety Checks Renewals – minimum of 3 yearly
Renewals will be a Police vet only
* Work includes ‘unpaid work that is undertaken as part
of an educational or vocational training course’ s23
Workforce Restrictions - Core Workers
• A children’s worker cannot be employed or engaged as a
‘CORE’ worker if:
» they have been convicted of a VCA specified offence (listed in
schedule 2 of the Act); and
» they do not hold an exemption (section 28 VCA)
• The workforce restriction must be applied by employers for:
» NEW Core Workers from the date Part 3 VCA comes into force
» EXISTING Core Workers within 3 years after Part 3 VCA comes
into force, unless the employer believes that an existing
employee has a specified offence conviction. In this case the
employer must take urgent steps per section 28.
VCA Exemptions
• Chief Executive of one of the four key agencies (Ministries of
Health, Justice, Education, and Social Development) may grant an
exemption to a person who has been convicted of a
specified offence if:
» they are satisfied that the person would not post an undue risk
to the safety of children if employed or engaged as a ‘core’ worker
• Applicant must apply through a statutory declaration
• Onus is on the applicant to prove they do not pose an undue risk
to children
• Effect of an Exemption is to remove the prohibition on
employment as a ‘Core’ children’s worker
(Exemption process will be finalised by 1 July 2015)
Timing for Safety Checking
• New Children’s Workers:
» All new ‘Core Workers’ safety checked before starting in a new role,
effective from 1st July 2015
» All new ‘Non-Core Workers’ safety checked by 1 July 2016
• Existing Children’s Workers
» All existing ‘Core Workers’ safety checked by 1 July 2018*
» All existing ‘Non Core Workers’ safety checked by 1 July 2019
• Renewals
» Safety Checks must be renewed once every three years
* VCA s28 – Where the employer ‘believes’ an existing ‘Core Worker’ has a VCA specified offence
conviction they must safety check them within one year of the safety checking regulations commencing
and suspend them for a minimum of 5 days. See S28 for full details.
Elements of a Safety Check:
Safety Checking Elements
NEW Children’s Workers
(for the first safety check)
Safety Checking Elements
EXISTING CHILDREN’S WORKERS
(for the first safety check)
· Interview the applicant
· Reference Check/Good Character
Check
· Identity Verification
· Police Vet
· Identity Verification
· Police Vet
Safety Checking Three Yearly Renewals
· Police Vet
Police Vetting Element
NZ Police Vetting Service
To assist Government and other agencies to assess the suitability of persons in positions of trust, in specified
field of endeavour, or who are required to meet mandated requirements
Approved Agencies
Agencies are approved by NZ Police to access the Vetting Service
which is done through our online vetting web portal and vetting application QueryME
Police Vet
A Police vet includes the applicant’s criminal history record (if any) and relevant information held by Police.
Consent & Evidence of Identity (EOI)
The applicant must consent to the Police vet and the Approved Agency must check EOI
Criminal Records (Clean Slate) Act 2004
Applied First
Vulnerable Children Act 2014
Applied second and only to ‘Core Worker’ vetting requests
Police Vetting
Consent & EOI
Vetting – Clean Slate and VCA
Criminal Records (Clean Slate) Act
Vulnerable Children Act
Applied First
Applied second and only to
‘Core Worker’ vetting requests
First we check to see if the
Applicant is eligible for Clean Slate i.e.:
Check is this a
‘CORE WORKER’ vetting request?
· No convictions for Clean Slate specified offences
· Never had a term of imprisonment
· No offending in the last 7 years
· Has no outstanding fines
Next we check to see if the
Applicant is applying for a role
which is a s19 Exception:
· Is it a role predominantly involving the care and
protection of, but not predominantly involving the
delivery of education to, a child or young person
(e.g. caregiver, nanny, foster/homestay parent,
applicant for adoption)
· IF section 19(2) applies then all criminal convictions
will be released EVEN if the applicant is eligible for
Clean Slate
If, YES then:
Check for VCA
Specified Offence Convictions
If any, these convictions are disclosed
on the vetting result.
Employer Responsibility
If the vetting result discloses VCA Specified Offence
Convictions then the workforce restrictions apply and
the person cannot be employed as a core worker
unless they have an exemption
Points to Note
· Clean Slate – it is Police’s responsibility to determine
if the applicant is entitled to Clean Slate
· Vulnerable Children – it is the employer’s
responsibility to determine if the vetting request is
for a ‘Core’ or ‘Non Core’ worker
Vetting
Result
example:
VCA Specified
Offence Convictions,
(if any)
listed at the top of
the report:
Safety Checking Key Points:
• All Children’s Workers must be safety checked – this is
the employers responsibility
• Core workers are subject to prohibition on employment
if they have VCA specified offence convictions and do not
have an exemption
• New ‘Core Workers’ must be safety checked before being
appointed commencing 1 July 2015
• New ‘Non-Core Workers’ must be safety checked by
1 July 2016
• Three years to safety check Existing ‘Core Workers’
i.e. by 1 July 2018
• Four years to safety check Existing ‘Non-Core Workers’
i.e. by 1 July 2019
Where to get information:
• Children’s Action Plan Directorate Website
www.childrensactionplan.govt.nz, for:
» Fact Sheets
» Questions and Answers
» Resources:
• Police Vetting Website:
www.police.govt.nz/advice/businesses-andorganisations/vetting