Vulnerable Children Act 2014 - Implementation of the Worker Safety Checks - Guidelines for the Hiring Managers at Waitemata DHB - the WDHB ...
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Vulnerable Children Act
2014
Implementation of the Worker Safety Checks – Guidelines
for the Hiring Managers at Waitemata DHB
17 July 2015
0
Contents
Introduction ............................................................................................................................................ 2
Worker Safety Checks ............................................................................................................................. 3
Screening of Students/Trainees .............................................................................................................. 6
Worker Safety Checks for Locums .......................................................................................................... 8
Core Children Workers............................................................................................................................ 9
Non-Core Children Workers .................................................................................................................. 11
Changes to the Authority to Recruit (ATR) ........................................................................................... 12
Pre-screening Application Questions in Taleo ...................................................................................... 13
Job Adverts............................................................................................................................................ 14
Police Vetting ........................................................................................................................................ 15
Ministry of Justice (MoJ) Criminal History Checks ................................................................................ 15
Identification Check .............................................................................................................................. 16
Qualification checks .............................................................................................................................. 16
Interview Questions .............................................................................................................................. 17
Reference Checks .................................................................................................................................. 18
Risk Assessment Questions – Additional Questions in the SAF ............................................................ 19
Letters of Offer...................................................................................................................................... 20
Appendix 1 ............................................................................................................................................ 21
Appendix 2 – Hiring Manager Checklist (These are available on the intranet under HR/Forms)......... 22
Appendix 3 - List of Specified Offences................................................................................................. 23
Appendix 4 ............................................................................................................................................ 24
1
Introduction
The Vulnerable Children Act (VCA) worker safety checking requirements came into force on 1 July
2015.
The Children’s Action Plan Directorate has a link to the regulations and a supporting document on
their website: http://www.childrensactionplan.govt.nz/childrens-workforce/safety-checking-and-
the-workforce-restriction/
There are a number of reference documents and guides that have been published to support the
implementation of the VCA requirements. This document has been developed to assist DHBs in their
implementation of the Act and the regulations.
This document is a guide only.
If you have any questions about this document please contact –
- Lesley Wildes – Group HR Manager x 7147
- Vanessa Aplin – Recruitment Manager x 7240
2
Worker Safety Checks
A Fact Sheet has been developed by the Ministry of Health that provides advice on the key elements
of the Act and the scope of the standard safety checking requirements. This is attached as an
Appendix.
The initial priority is undertaking the worker safety checks for all new core children workers
employed at the DHB from 1 July 2015. Safety check requirements for non-core workers come into
force 1 year later.
Safety checks are transportable and are valid for three years. Confirmation of the safety check
undertaken by the initial DHB can be transferred to another DHB – subject to valid confirmation
being provided to the next employer. For this purpose safety checks relates to the entire worker
safety check process.
Overseas Candidates
If a candidates has never been to New Zealand they do not need a New Zealand Police check
For overseas citizens or if the candidate has been living in another country for 12 months or
more then the guidelines state a police check is a recommendation as opposed to a
requirement. Therefore if a DHB still has not received an overseas police certificate that it would
be best for them to sign an affidavit to say that they have tried. The candidate can still begin
work and the certificate should be provided when it is received.
Secondary ID for overseas applicants – this can be provided once they are in New Zealand but
before they commence work
Existing employee’s member moving to a children worker role
If someone is transferring from a Non Children’s worker role to a Children Worker’s role within
the DHB then they DO need to have a full safety check.
If they are transferring from a Children’s worker (Core or Non-Core) role to a Children’s worker
(Core or Non-Core) role then they also need to DO a full safety check.
Holding up the start date if the police check is not back will also apply for anyone going into a
Core Children’s Worker role.
If they are going from one DHB to another and changing their position they should be treated
like a new employee.
Timelines
Below are the key effective dates for worker safety checks
New employees
o 1 July 2015 – worker safety checks for new core workers come into force
o 1 July 2016 – worker safety checks for new non-core workers come into force
Note – we will be police vetting this group from 1 July 2015 and they will be
able to start work before it is back.
Existing employees
o By 1 July 2018 – worker safety checks completed for existing core workers who will
continue to be employed on or after this date
3o By 1 July 2019 - worker safety checks completed for existing non-core who will
continue to be employed on or after this date
Below are excerpts directly from the legislation that have further detail regarding the timeframes
for the checking of new workers and the 3-yearly checks for existing staff.
Safety checks of new children’s workers (s25 VCA)
(1) A specified organisation must not employ or engage a person as a children’s worker without
ensuring that a safety check of the person that complies with section 31 is completed before the
employment or engagement commences.
(2) The obligation in subsection (1) applies,—
(a) with respect to core workers, to employment or engagement that commences on or after
the date on which this Part comes into force; and
(b) with respect to non-core workers, to employment or engagement that commences on or
after the date that is 1 year after the date on which this Part comes into force.
(3) A specified organisation that, in relation to a person whom it employs or engages as a children’s
worker, fails to comply with subsection (1) commits an offence and is liable on conviction to a fine
not exceeding $10,000.
Safety checks of existing children’s workers (s26 VCA)
(1) A specified organisation must, on or before the applicable date set out in subsection (2), ensure
that a safety check that complies with section 31 is completed of every children’s worker who is
employed or engaged by the organisation before that date and who it intends will still be employed
or engaged by the organisation on that date.
(2) The applicable dates are as follows:
(a) in the case of a core worker, the date that is 3 years after the date on which this Part
comes into force:
(b) in the case of a non-core worker, the date that is 4 years after the date on which this Part
comes into force.
(3) However, a specified organisation need not comply with subsection (1) if the organisation is
satisfied that a safety check of the person that complies with section 31 was completed within 3
years before the relevant date described in subsection (2).
(4) A specified organisation that, in relation to a children’s worker whom it continues to employ or
engage, fails to comply with subsection (1) commits an offence and is liable on conviction to a fine
not exceeding $10,000.
4Exemptions
The links below provide information on the exemptions and guidance for people wanting to make
exemption applications.
Exemption information - http://www.childrensactionplan.govt.nz/childrens-workforce/the-
workforce-restriction/
Exemption application process - http://www.childrensactionplan.govt.nz/assets/Uploads/CWE-
enquiries-guidance-for-individuals.pdf
5Screening of Students/Trainees
All DHBs will, from time to time, have students/trainees on work placements in the DHBs. Although
it is unlikely students/trainees would ever be working alone with children there is a need to err on
the side of caution and ensure they are also safety checked.
The Vulnerable Children Act is also clear that a person doing unpaid work that is undertaken as part
of an educational or vocational training course meets the definition of a children’s worker, and
needs to be safety checked. This checking can be done by the DHB, or the DHB may rely on checks
that meet the standard that have been done by the Tertiary provider.
The Ministry has completed a survey of the Regulatory Authorities (RAs) who have reported on their
feedback from training institutions. Where checks that meet the standard have already occurred
there should be no need for the DHB to undertake further checking. There are some gaps where RAs
either need to get back to the Ministry or where no checking is done - in those instances DHBs would
need to err on the side of caution and carry out checks.
The Ministry of Health is working with RAs, the other agencies responsible for implementing the
Vulnerable Children Act, as well as the Tertiary Education Commission, to explore options for
increasing the consistency of checking done by Tertiary providers, to provide greater assurance that
the necessary checking has been done in advance of the placement. The Ministry will update
information as it comes to hand.
A brief summary of checks currently done is noted below. However, DHBs will need to be vigilant to
make sure that they understand the checks that have and haven’t been done by providers – it seems
some providers say they complete “Police checks” when they have only undertaken a criminal
records check, which is not sufficient under the new regulations. The Ministry of Health will
undertake further work with providers on this but in the meantime vigilance is recommended.
Chiropractic Board - asks for criminal history on the application form. If any applicant ticks yes it is
referred to the Admissions Committee for assessment to determine suitability.
Dental Council - Both Otago University and Auckland University of Technology require Police checks
as a prerequisite in the oral health programmes
Dieticians Board - Students of the Master of Dietetics Programme at Otago University all complete
Police checks as part of the admissions process. Massey and Auckland Universities both require
Police checks prior to enrolment - a requirement for the DHBS and any education setting.
Medical Council - the University of Otago requires all professional programme applicants who have
been charged with a criminal offence, and/or are currently facing disciplinary proceedings (including
drink driving and traffic offences) to declare this on their Professional Programmes Declaration form.
As some convictions may prohibit registration, applicants are advised to consult the regulations of
the appropriate registering professional body. The University undertakes a further verification
process with New Zealand Police to ensure that there are no undeclared criminal charges or
convictions from professional programme applicants. Auckland University - completes Clean Slate
Police Checks for all new MBChB students during first semester of study.
Midwifery Council - There are four schools of midwifery. Each carries out police vetting on
applicants who wish to enter the midwifery degree programme. This vetting is carried out on Police
6direction under the Clean Slate Act. There is no further vetting once accepted into the programme
until the midwifery graduate applies to the Council for Entry to the Register.
Medical Sciences Council - no feedback to date
Medical Radiation Technologists Board - no feedback to date
Nursing Council - Schools of nursing require declarations about any criminal history and
most require police vetting or MOJ check (MoJ checks are not sufficient to meet the requirements
of the VCA) prior to taking on students as practice providers seek this reassurance. The Nursing
Council then requires a declaration and vetting prior to registration
Occupational Therapy Board - no feedback to date
Optometrists and Dispensing Opticians Board - BOptom students undergo a police check after they
enter the programme but before they work with patients, including children. The check happens at
the beginning of the fourth year of their five year degree.
Osteopathic Council - Unitec, the provider of the osteopathic programme, undertakes police checks
at the commencement of the Masters programme. They require self-declarations annually after this
initial check.
Pharmacy Council - no feedback to date
Physiotherapy Board - Auckland University - all students who enter all health degrees at AUT are
required to provide a police check. Students in the Faculty are also required to complete annual
fitness to practice forms in which they are questioned around criminal convictions. Otago
University - all students must undergo a police check before entering the programme.
Podiatrists Board - Auckland University (AUT only service provider) - all students who enter all
health degrees at AUT are required to provide a police check. Students in the Faculty are also
required to complete annual fitness to practice forms in which they are questioned around criminal
convictions.
Psychologists Board - all education providers carry out checks although the checks do happen at
various stages e.g. D Clin Psych - Police checks are carried out before entering the programme; PG
Dip Counselling Psych - Police check required as part of entry criteria
Psychotherapists Board - AUT carries out police checks on all students at entry to the three year
psychotherapy programme. AUT is about to recommence the child psychotherapy programme next
year and students will be required to have police checks. CITP - We do not do police checks as we do
not facilitate clinical placements for our trainees. Also, many of our trainees are established
professionals who have already been checked by their employers. Wellington Transactional Analysis
Institute - our applicants and trainees are likely to be “on placement” with other agencies who will
also have their own check and criteria. Australian and New Zealand Society of Jungian Analysts
Analytic Training - all trainees must provide Police Checks (Trainees can't provide Police vets - they
must be obtained by the organisation) and Working with Children Checks (this doesn’t exist in New
Zealand) for the duration of their training process. On acceptance into programme all trainees must
provide the legal documentation in support of working with children and a police check. The legal
documentation has to be current throughout the training, the process is audited annually.
Christchurch -currently all trainees working with children, families and adolescents are employed by
agencies which require police checks.
7Worker Safety Checks for Locums
The Vulnerable Children Act Part 3 section 33 (1) (e) allows for the Governor-General through Order
in Council to make regulations for approving a screening service under section 40 of the Act.
The Ministry of Health, along with Education, MSD and Justice have found they all have workforces
that do not have "usual employment arrangements" and would require the services of a screening
service to ensure they meet the requirements of children's workers in regard to worker safety
checking. In health we expect the groups covered will be Lead Maternity Carers, owner/operator
dentists and GPs and locums which will include locum/bureau medical and nursing staff.
The Ministry is currently developing a business case on behalf of the key agencies for the
establishment of a screening agent/service. Once approved the screening agent/service will
complete safety checks on the aforementioned workforces. It is likely the screening service will
maintain a register to enable safety checks to be portable - that means once a locum has been
checked the check will remain valid for the 3 year period regardless of where they go and work.
The screening agent/service will not be up and running for 1 July 2015. It has been agreed there
will a grace period where any one of the affected employers will not be penalised if they employ
someone who would otherwise have to wait for a safety check by the screening service. The
Ministry will be working hard to get the screening service up and running as soon as possible.
There are a number of locums and LMCs who will have had a police vet through their registration
process and/or APC process and there will be a number who may have already been screening by
a DHB - those previous checks will suffice at least until the screening service is operational.
Notes
Locums and LMCs with police vets as a condition of their registration and/or APC won’t need
to be re Police-vetted even when the screening service is operational. The regulations
explicitly exempt professionals whose registrations include at least 3-yearly Police vetting
from further vetting – the APC is basically taken to be evidence of a current clean vet.
The overall policy intent is that if a DHB is willing and able to check workers of this type, they
should do so – it is only for the exceptions where this is impractical or infeasible that they
should wait for the screening service. We just don’t want to unnecessarily deter people
from doing checks, while recognising where there are genuine barriers to doing so for these
roles.
Organisations can rely on checks undertaken by others on their behalf, even if they are not
an “approved” service. For example, a medical practice could rely on checks done centrally
by a DHB or other practice (i.e., a ‘white listing’ process). The screening service would just be
a specialist provider of this type of checking.
8Core Children Workers
This list of core children’s workers is intended as a guide to assist DHBs in determining what is a core
children’s worker. Settings and roles will change across the DHBs hence this is not a prescriptive list
but guidance only.
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
(a) is the only children's worker present; or
(b) is the children's worker who has primary responsibility for, or authority over, the child or
children present
NB - Refer to page two for the full criteria.
Alcohol and Drug (AOD) (refer to note 3 on page 2)
Asian Cultural Workers (in Mental Health)
ASD Co-ordinator
Child Protection Workers
Cultural Case Workers
Community Health Worker
Counsellors
Dental Therapists/Dental Assistants/Patient Care Assistant
Dentists
District Nurses
Health Care Assistants (in paediatrics, maternity, neonatal, dental and bureau)
Medical Radiation Technologists, MRI (refer to note 2 on page 2)
Midwives (LMCs – Access agreement being worked on for this group)
Newborn Hearing Screeners
Nurses (Paediatric, Neonatal, Public Health, ED, Nurse Practitioners, maternal mental
health, CADS, operating theatres - recovery, NETP, NESP, research and clinical trial in
paediatric areas, short stay, Mother and babies unit, and bureau nurses)
Occupational therapists (Paediatric, Mental Health, community, CADs, Neonatal)
Pacific Cultural Worker (in Mental Health)
Physiotherapists (Paediatric, Mental Health, community, CADs)
Play specialists
Psychologists/Clinical Psychologists (Paediatric, Mental Health)
Psychotherapists (Mental Health, CADS)
SMOs (Paediatric, Neonatal, Public Health, mental health, ED ENT, Ophthalmology,
Radiologist) – including Paediatric Fellow
Social Workers, AOD Youth Workers
Sonographers (refer to note 2 on page 2)
Speech language therapists
Vision hearing technicians – school, community and hospital based
Visiting neuro-developmental therapists
9Full Definition
When developing the worker safety check information the criteria that has been used to determine
a core worker has been the description used in the Act which is as follows:
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 -
(a) is the only children's worker present; or
(b) is the children's worker who has primary responsibility for, or authority over, the child or children
present
Another part of the Act describes a children's worker as follows:
children's worker means a person who works in, or provides, a regulated service, and the person's
work
(a) may or does involve regular or overnight contact with a child or children (other than with
children who are co-workers); and
(b) takes place without a parent or guardian of the child, or of each child, being present
A person's work involves regular or overnight contact with children if
(a) the person has contact (other than merely incidental contact) with a child or children -
(i) overnight; or
(ii) at least once each week; or
(iii) on at least 4 days each month; and
(b) that contact is any of the following kinds:
(i) physical contact;
(ii) oral communication, whether in person or by telephone;
(iii) communication through any electronic medium, including by way if writing or visual
images
Notes
1. Cleaners – The DHB needs to refer to their service configuration to assess the requirements for
this role as in some areas the work of the cleaner could be in a broad range of regulated
settings.
2. Audiologists, Anaesthetic Technicians, Dieticians, Eating Disorders Team and food service
workers were not included as they would not be left unsupervised with the child – either the
parent/care giver or other health professionals would be present
3. MRTs, MRI and Sonography have remained on the list as although generally the child and core
worker would be visible through windows there are times when older children come through by
themselves for imaging.
4. Alcohol and Drug (AOD) workers have been included as they work alone with youth (from 13
years) and may well see children in the context of seeing their parents as clients.
10Non-Core Children Workers
Non-core worker means a children’s worker who is not a core worker. Settings and roles will change
across the DHBs hence this is not a prescriptive list but guidance only.
Administration roles in Mental Health
Asian Cultural Support Workers (Not in Mental Health)
Cleaners (Wilson Centre, Paediatrics, Mental Health)
Cultural Workers, Kaiatawhai, Kaiawhina, Kaimanaaki
Orderlies/Security guards/Multi Skilled Worker (Wilson Centre, Paediatrics, Mental
Health)
Pacific Cultural Workers (Not in Mental Health)
Play Therapists
Ward Clerks (ED, Paediatrics, SCBU, Bureau)
11Changes to the Authority to Recruit (ATR)
You will be asked the following additional questions in the ATR to help determine if the role is a
Children’s Worker (Core or non-Core).
Please specify what group(s) the employee will have contact with in their role?
Children (17 or younger)
Elderly
Other Vulnerable Adults
None of the above
If you tick the Children box then you will be asked further questions. If you tick any of the other
three boxes then the role is not considered a Children’s Workers role.
We may not employ or engage a person as a children’s worker in terms of the Vulnerable Children
Act 2014 without completing the safety check required by that Act. If the role has contact with
children, please indicate which of the following statements are true:
A. The work involves regular or overnight contact with a child or children? (Regular means at
least once per week or on at least 4 days each month. Contact means physical, oral
communication or via electronic communication.) and
B. The work takes place without a parent or guardian of the child, or of each child, being
present
If both A & B are ticked then this role is considered a Children’s worker role.
If either A or B or Neither are ticked then this is not considered a Children’s worker role.
Below are some questions to help you determine if the role is a core or non-core children’s worker
role
C. The work requires or allows the employee to be the only children’s worker present
D. The work requires or allows the employee to be the children’s worker who has primary
responsibility for, or authority over, the child or children present.
None of the above
If C or D are ticked then it is considered a Core-Children’s Worker under the VCA 2014.
If none of the above is ticked then it is considered a Non-Core Children’s Worker under the VCA
2014.
Please note that meeting the requirements of the VCA is legally binding requirement for all DHBS.
12Pre-screening Application Questions in Taleo
Below is some wording that is being used to highlight in Taleo the requirements of the VCA. Please
use these when shortlisting applicants.
1. Revised Criminal declaration Question:
We may not employ or engage a person as a children’s worker in terms of the Vulnerable Children
Act 2014 without completing the safety check required by that Act. If the role for which you have
applied is an exception to the clean slate Act (e.g. predominantly involving care and protection of a
child or young
person), any criminal record of convictions may be disclosed within a Police Vetting report. A copy of
the Act is available at (http://childrensactionplan.govt.nz/).
Please indicate if you have any previous or pending criminal, or other charges, or other convictions
(including drink or drug-related driving convictions)?
Type: Single Answer, X No The Candidate Passes
2. Revised disciplinary/investigations question:
Have you undergone or are you currently undergoing any internal (eg: with a current/past employer
in a paid or unpaid position) or external (eg: a relevant ACC; Child, Youth and Family (MSD);
professional body; HDC etc) disciplinary proceedings, investigations or complaints?
Examples of disciplinary, investigations, complaints could be:
• Internal conduct/performance/attendance etc
• Clinical competency
• Professional disciplinary bodies
• Coronial enquiries
• Health Disability Commission
• Including any investigations, complaints or concerns over your suitability and safety in
working/interacting with Children (any person 17 years old or younger)
3. Plus specific VCA any reason question
Is there any reason, including past events, as to why you would pose any risk whatsoever to children
if you were appointed to a position involving contact with Children?
4. Overseas question:
Have you lived in any country other than New Zealand for more than 12 months in the last 10 years?
Yes
No
If yes, then you may be requested to provide a police clearance for each country. Please list the
countries for which this applies:
NB – At present candidates can start prior to the overseas police check being returned.
13Job Adverts
WDHB is highlighting in the job adverts whether the role is a core or non-core children’s worker (this
is based on your responses in the ATR).
Core Children Workers roles
This role is considered a core children’s worker and will be subject to safety checking as part of the
Vulnerable Children Act 2014.
Non-Core Children Workers roles
This role is considered a non-core children’s worker and will be subject to safety checking as part of
the Vulnerable Children Act 2014
Other – Not a children’s Worker
This role is not considered a children’s worker as part of the Vulnerable Children Act 2014.
14Police Vetting
Legislation on worker safety checks comes into force until 1 July. Police vets submitted from this
date will be subject to the VCA requirements.
The Legislation states that the children worker cannot start work until this police vet is back. These
are taking up to 30 days to process.You therefore need to allow at least 4 weeks from the date of
the SAF to the start date and you will be informed by recruitment when the police vet is back and
whether the start date on the SAF is still current.
Recruitment will inform the Hiring Manager and Candidate if the police check is not yet complete
before the start date. Recruitment will also let the Hiring Manager know if the police check is
complete before the start date.
There are rare instances where a DHB needs to request an urgent Police vetting check for a
candidate who is about to commence working with vulnerable groups. Please speak to your
Recruitment Consultant if there is the need for an urgent vet.
Please note that a small percentage of the checks are sometimes delayed as additional information
is required. On such occasions Police will send an e-mail to the DHBs main contact advising them of
a delay.
How will I know if my Employee can start as planned?
You will get an email notification from Recruitment if your new employee‘s police check is not yet
back 3 working days before the start date. Once the Police check is back clear then you will get
another email notification from Recruitment to ask you to agree the new start date with the
candidate.
Ministry of Justice (MoJ) Criminal History Checks
Please remember that the MoJ check can be used for those staff not working directly with
vulnerable groups, e.g. IT, HR, finance etc. However, Ministry of Justice checks are not sufficient to
meet the safety checking requirements in the Vulnerable Children Act.
15Identification Check
DHBs will need to use at least 2 forms of ID to check identity where in the past a passport would have covered the
photo ID and DOB requirements. This requirement is to try avoid the problem identified in education where it
seems to have been possible to alter IDs and go under an alias.
Either document can have a photo – the photo links the identity (which is real and living) to the person
presenting. It is a regulatory requirement for DHBs to check their records to establish whether the identity has been
claimed by someone else.
Background detail on the identity checks.
Two forms of ID documentation are required to establish two different forms of evidence of identity.
o The primary identity document (birth certificate, passport) establishes that the claimed identity is
real (i.e., a real person has/had that identity). Checking this avoids relying on documents that can be
obtained under fictional identities.
o The secondary identity document (a driver license, utility bill or a Community services card)
establishes that the real identity is still used in the community (it is ‘living’). Checking this avoids
relying on identities that have been appropriated.
WDHB old process – To check Passport OR Drivers Licence and Birth Certificate AND Proof of right to work in NZ
WDHB new Process – You need to check two forms of ID Primary and Secondary rather than just one.
Process
As you currently do, you need to sight the original forms of ID and sign and date the copies to be included to be sent
back to Recruitment.
Candidates now need to provide TWO forms of ID and Evidence of their identity and right to work in New Zealand
(Visa, residency or citizenship as may be the case). For identity verification we need both a Primary and Secondary
forms of identity as specified in the guidelines.
NB: Please note that the Secondary form of ID is New Zealand Documentation and many overseas candidates will not
have this yet. We can process and hold the file till they get into NZ and get the secondary form of ID (Easiest is IRD
Number). Please talk to your Recruitment Consultant for further details on this.
Please see Appendix 1 for all the examples of the Primary and Secondary forms of ID.
Qualification checks
Checking with professional bodies and licensing or registration authorities – the regulations require that qualification
be checked and one option is by confirming the currency of an APC.
Good practice guidance recommends checking the veracity of qualifications with the tertiary provider, but this is not
a regulatory requirement.
16Interview Questions
(These are available on the intranet under HR/Forms)
Below are some questions designed to cover the requirements of the VCA. The first three questions are mandatory
and should be asked at all interviews. The recommended questions are to be used at the discretion of the interview
panel conducting the interview based on the answer to the first question and the level of the role. NB These are to be
asked in addition to your normal Interview questions.
Process
This position is designated under the Vulnerable Children Act 2014 as being that of a Children’s worker role. As such
we are obliged to safety check candidates for this position through a set process.
The process involves checking at various stages of the recruitment process, including police vetting. To note a
specified organisation must not employ or engage a person as a children’s worker without ensuring that a safety
check of the person that complies with section 3.1 is completed before the employment or engagement commences
and that a core worker convicted of a specified offence is not to be employed or engaged.
Mandatory questions of Children’s Workers (Core and Non-Core workers)
Is there any reason, including past events, as to why you would pose any risk whatsoever to children if you
were appointed to this position?
Do you have any convictions that would preclude you from being engaged as a Children’s Worker?
Are there any investigations or other matters that may be disclosed in the safety checking process?
NB: You must ask at least one recommended question but can ask more if you there is a need.
Further recommended questions of all Children’s Worker roles
Have you ever had complaints about your professional practise and how have you responded to them?
Has there ever been a time when you have had to deal with a sensitive situation with a child/young person?
Was there anything about that, which made you feel uncomfortable?
What are your thoughts on being alone on the job with children/young people and the chances of abuse
allegations being made about you?
What do you think constitutes professional practise when working with children?
What kind of relationships do you hope to develop with the children and families in this organisation?
Are you satisfied from the answers provided that this person is appropriate to work in a position involving contact
with Children? Please circle correct answer Yes/No
NB these forms must be signed by the Hiring Manager and returned with the other interview questions before the
file can be sent to payroll.
17Reference Checks
(These are available on the intranet under HR/Forms)
This position is designated under the Vulnerable Children Act 2014 as being that of a Children’s worker role. As such
we are obliged to safety check candidates for this position through a set process. This includes specific questions in
the reference checking process. NB These are to be asked in addition to the Normal reference check questions.
It is recommended that organisations have a policy of giving candidates the opportunity to respond to allegations or
concerns raised by referees. This is a good way to ensure that fair processes are followed, and is seen as particularly
important by worker advocacy groups given the sensitivity of this material, and questions related to past disciplinary
action.
NB: you must ask the Mandatory Question
Mandatory question of Children’s Workers (Core and non-core workers)
Do you consider the candidate suitable to work with children and if not, why not?
NB: You must ask at least one recommended question but can ask more if you there is a need.
Recommended specific questions
Do you trust the candidate in roles of responsibility over children, and if not, why not?
Has the candidate ever mislead you about a matter relating to a child?
Has the candidate ever been disciplined for misleading or fraudulent conduct relating to a child?
How would you describe the way the candidate acts around children?
Was the candidate ever subject to formal disciplinary actions or complaints regarding their behaviour
towards children?
Are you satisfied from the answers provided that this person is appropriate to work in a position involving contact
with Children? Please circle correct answer Yes/No
NB these forms must be signed by the Hiring Manager and returned with the other interview questions before the
file can be sent to payroll.
18Risk Assessment Questions – Additional Questions in the SAF
As part of a Risk Assessment you will need to sign off that you are satisfied any new appointees to Children’s Worker
roles have passed the interview questions and passed the reference check and identity check. These questions are
detailed below. These are questions now included in the Staff Appointment Form (SAF) and will be printed out to be
included in the personnel file before it can be sent to payroll.
1. Is this position designated as a Children’s Worker position and therefore subject to the legal
requirements of the Vulnerable Children Act? Yes/No
If yes these further questions drop down.
2. Has this candidate passed the Children’s Worker specific interview questions as assessed by the
interview panel and deemed to be appropriate as a safe children’s health worker? Yes/No
3. Has this candidate passed the Children’s Worker specific referee questions as assessed by the
Hiring Manager and deemed to be appropriate as a safe children’s health worker? Yes/No
4. Has this candidates Identity been confirmed through Hiring Manager sighting, and copying an
appropriate identity verification document at interview? Yes/No
5. Subject to the Police Vetting check being confirmed as being successfully passed by WDHB
Recruitment staff, can you confirm you are fully satisfied from all information you have been able
to assess, that this person is suitable as a Children’s Health worker in accordance with the
Vulnerable Children Act? Yes/No
If you answer no to any of the above, they cannot be employed into this position. The Recruitment Consultant will
not process the SAF and contract if there are any “No” answers. Speak to your Recruitment Consultant if you have
put No for any of these.
By law Children’s Workers cannot start in their positions until fully safety checked in accordance with the Act.
19Letters of Offer
We have updated our offer letters in three places stating that the offer was subject to completion of the safety
checks.
1) In the OVERVIEW OF YOUR OFFER
Please review this table as an overview of your offer. More specific information is contained within your
employment agreement.
Position Title:
Employment Type:
Employment Status:
Department:
Start Date: 29 June 2015 (contingent upon Police vetting being returned clear by that date)
Reporting to:
Location:
2) In police vetting paragraph
Please note that this role is considered a core children’s worker as part of the Vulnerable Children’s Act
2014. Your appointment and continued employment is at all times conditional upon the completion of a safety
check and subsequent periodic safety checks as required by the employer conducted in accordance with the
Vulnerable Children Act 2014 and the Vulnerable Children (Requirements for Safety Checks of Children’s Workers)
Regulations 2015, and on that safety check and those subsequent periodic safety checks resulting in an outcome
that is satisfactory to the employer. Should the above conditions not be met prior to the agreed commencement
date, or at any other time during your employment, this offer of employment may be withdrawn with immediate
effect or, if employment has commenced, your employment may be terminated with immediate effect. In either
case, you will not be entitled to payment of notice.
3) In the Duration Paragraph
DURATION
Your employment will commence on 29 June 2015 (contingent upon Police vetting being returned clear by that
date) and this Agreement shall remain in force until it is renegotiated, or until it is replaced, or it is terminated by
either party.
Letter of variation
If the employees start date does change, due to the Police check being delayed, Recruitment will be sending a letter
of variation to the new employee to confirm the new start date once agreed.
20Appendix 1 (These are available on the intranet under HR/Forms)
Primary Identity Documents
Document/record Issuing agency
New Zealand Passport Department of Internal Affairs (identity services)
Overseas passport (may include New Zealand Overseas authority
immigration visa or permit issued by the Ministry of
Business, Innovation or Employment [Immigration])
New Zealand emergency travel document Department of Internal Affairs (identity services)
New Zealand refugee travel document Department of Internal Affairs (identity services)
New Zealand certificate of identity (issued under the Department of Internal Affairs (identity services)
Passports Act 1992 to non-New Zealand citizens who
cannot obtain a passport from their country of origin)
New Zealand certificate of identity (issued under Ministry of Business, Innovation or Employment
Immigration Act 1987 to people who have refugee status) [Immigration]
New Zealand Firearms license New Zealand Police
New Zealand full birth certificate issued on or after 1 Department of Internal Affairs (identity services)
January 1998 carrying a unique identification number
New Zealand citizenship certificate Department of Internal Affairs (identity
services)
Secondary Identity Documents
Document/record Issuing agency
New Zealand Driver Licence New Zealand Transport Agency
18+ Card (must be current) Hotel Association of New Zealand
Community Services Card Ministry of Social Development
SuperGold Card Ministry of Social Development
Veteran SuperGold Card Ministry of Social Development
New Zealand student photo identification card New Zealand educational institution
New Zealand employee photo identification card Employer
New Zealand electoral Roll Record Electoral Enrolment Centre of New Zealand Post
Limited
Inland Revenue Number Inland Revenue
New Zealand issued utility bill, issued not more
than 6 months earlier
Steps to freedom form Department of Corrections
21Appendix 2 – Hiring Manager Checklist (These are available on the intranet under HR/Forms)
This checklist is available to assist you to know what needs to be sent back to Recruitment. We strongly
recommend you use this to send back all your documentation for each appointment you make.
22Appendix 3 - List of Specified Offences
The Vulnerable Children Act contains a list of certain serious offences (see list below) that make it unlikely that a
candidate is appropriate to work with children. The Act makes it unlawful to employ people with convictions for
these offences in certain children’s workforce roles, unless they have an exemption. If a Children’s Worker’s police
check comes back with one of these offences then please speak to your HR Manager.
An offence against any of the following sections of the Crimes Act 1961 is a specified offence for the purpose of Part 3:
(1) section 98 (dealing in slaves):
(2) section 98AA (dealing in people under 18 for sexual exploitation):
(2A) section 124A (indecent communication with young person under 16):
(3) section 128B (sexual violation):
(4) section 129 (attempted sexual violation and assault with intent to commit sexual violation):
(5) section 129A (sexual conduct with consent induced by certain threats):
(6) section 130 (incest):
(7) section 131 (sexual conduct with dependent family member):
(8) section 131B (meeting young person following sexual grooming, etc):
(9) section 132 (sexual conduct with child under 12):
(10) section 133 (indecency with girl under 12):
(11) section 134 (sexual conduct with young person under 16):
(12) section 135 (indecent assault):
(13) section 138 (sexual exploitation of person with significant impairment):
(14) section 139 (indecent act between woman and girl):
(15) section 140 (indecency with boy under 12):
(16) section 140A (indecency with boy between 12 and 16):
(17) section 141 (indecent assault on man or boy):
(18) section 142A (compelling indecent act with animal):
(19) section 143 (bestiality):
(20) section 144A (sexual conduct with children and young people outside New Zealand):
(21) section 144C (organising or promoting child sex tours):
(22) section 154 (abandoning child under 6):
(23) section 172 (punishment of murder):
(24) section 173 (attempt to murder):
(25) section 177 (punishment of manslaughter):
(26) section 178 (infanticide):
(27) section 182 (killing of unborn child):
(28) section 188 (wounding with intent):
(29) section 189(1) (injuring with intent to cause grievous bodily harm):
(30) section 191 (aggravated wounding or injury):
(31) section 194 (assault on child):
(32) section 195 (ill-treatment or neglect of child or vulnerable adult):
(33) section 195A (failure to protect child or vulnerable adult):
(34) section 198 (discharging firearm or doing dangerous act with intent):
(35) section 204A (female genital mutilation):
(36) section 204B (further offences relating to female genital mutilation):
(37) section 208 (abduction for purposes of marriage or sexual connection):
(38) section 209 (kidnapping):
(39) section 210 (abduction of young person under 16).
23Appendix 4
Vulnerable Children Act (VCA) – High Level Recruitment Process – June, 2015
Approval To Recruit (ATR) is filled in online (HR Forms) Hiring Manager (HM) will need to state if VCA role.
ATR goes thorugh approval pathway
Recruiter loads whether it is a VCA role (Core/Non core) or other in to Taleo.
Processes ATR as normal recruitment process
Sourcing/advertising commences. Include wording in the advert that the role is a VCA role or not.
Recruiters screen applicants as per normal. (Additional Pre-screening questions updated in Taleo)
When Applicants are sent for Shortlist – Recruitment to remind HM that this role is a Children’s role and needs to ask
interview Questions and Reference check questions.
Interviews set up:
Panel advised by Recruiter if any of shortlist have been Safety Checked previously and thus don’t need it again (internal candidates transferring
only – no portability of Safety Check allowed as yet between DHBs)
VCA specific questions provided in generic interview questions/guide template (on Intranet/HR/Forms)
Information to candidate that the interview is for a role that is a VCA role
Interview held, All candidates asked to present ID and APC/Registration Documents for verification
Preferred candidate identified.
Passed VCA questions? NO If no to candidate proceeding then:
YES? a. HR Manager /HR Advisor to review risk of
challenge – decide what feedback given to
candidate?
b. Record candidate in a database so not considered
in future? To be accessed? 24
Referee checks conducted on Preferred Candidate. Passed VCA questions? NO?
YES?SAF processed & approved via Taleo as per standard process. 4 weeks given to allow for start date.
Offer sent with hardcopy Forms including Police Vetting Form with request for urgent return from candidate.
Once returned and signed by candidate police vet request entered into system.
Whilst awaiting Police vetting clearance Candidate is encouraged to return all other documentation.
Police Vetting report received on Preferred Candidate. All clear?
YES? NO?
HM and Candidate advised by Recruitment and candidate can start (Other
standard Recruitment processes completed e.g. Employee file sent to Payroll –
signed by Recruitment Administrator to verify VCA check steps all passed).
New Infromation re VCA for file created to identify that this person is part of
the VCA - SSC to update Leader?. Employee starts.
Recruiter to advise the Hiring Manager, Recruitment Manager and HR Manager. Report printed.
HR Manager takes lead on review of information and addresses issues depending on nature of information relative to
Core/Non-Core and also if WDHB should employ this person anyway irrespective of VCA threshold being met e.g. non-
disclosure of convictions or other information deemed breach of faith/trust etc. HR Manager discusses with Hiring
Manager.
HR Manager to review risk of challenge – decide what
25
Decision: employ with WDHB both overall and with specific reference to VCA? feedback given to candidate?
NO? Record candidate in a database so not considered in future?
YES?26
27
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