Vulnerable Children Act 2014 - Ministry Of Education

1.3 Joint responsibility ofagency chief executivesThe responsibility for care and protectionof children doesn’t rest with CYF andthe Police alone. To that end, the chiefexecutives of Social Development, Health,Education, Justice, New Zealand Police,Business, Innovation and Employment(Housing) and Te Puni Kōkiri are jointlyaccountable for achieving positiveresults for vulnerable children.These agencies will develop, deliverand report on a cross-agency planto improve and protect the wellbeingof vulnerable children. These agencies,as well as the organisations they fundto provide children’s services, must havechild protection policies in place. Theymust also identify and safety check staffidentified as children’s workers, withinthe timeframes set out in the VCAand associated regulations.1.4 When the requirementscome into forceBelow are the key dates for requirementsunder the VCA.Key datesRequirementsFrom 1July 2014Early childhood education servicesand ngā kōhanga reo (Services)must have their child protectionpolicies in place.From 1July 2015All new core children’s workersin Services and schools andkura (schools) must be safetychecked before being employedor engaged from this date.The Workforce Restrictionapplies to new core children’sworkers, unless an exemptionhas been granted.1 July2016Schools must have their childprotection policies in place assoon as practicable after this date.The Workforce Restriction appliesfor all existing core children’sworkers, unless an exemptionhas been granted.All new non-core children’s workers must be safety checked beforebeing employed or engaged.By 1 July2018All existing core children’sworkers must be safety checkedby this date.By 1 July2019All existing non-core children’sworkers must be safety checkedby this date.On the following page is a planning toolto support you to implement the safetychecking and child protection policyrequirements under the VCA.11

1.4.1Planning tool: Implementing changes to Safety Checking anddeveloping a Child Protection Policy (Vulnerable Children Act 2014)Legislation timelineSchool action timelineNew Vulnerable Children Act2014 requirements timelineIndicative timeline and actions for implementing changes to Safety Checking anddeveloping a Child Protection Policy1 July 2015All new core children’sworkers must besafety checked prior toemployment commencing.June 2015Implement processes to commence safety checking of all new core children’sworkers from 1 July 2015.From 1 July 2015 workforce restrictions apply to new core workers.From 1 July 2016 workforce restrictions will also apply to existing core workers.Workforce restrictionapplies from this date: newcore workers convicted ofto apply for a Core Worker Exemption (a decision can take 40 working days).employed unless they have aCore Worker Exemption.February – June 2016Ensure processes are in place to commence safety checking of all new non-corechildren’s workers from 1 July 2016.February – March 2016Begin to develop your Child Protection Policy: Engage your school community in the process Set out a timeline Identify resources to support the development and implementation of the ChildProtection Policy Gather together all school policies and procedures related to student wellbeing,and available resources Identify areas that may need to be adapted or developed for your ChildProtection Policy Your Child Protection Policy: Must contain provisions on the identification and reporting of child abuse andneglect Must be written Must be made publicly available on the school’s website Must be reviewed every three years Should be adopted by 1 July 2016.April – May 2016Consult with school community on your draft Child Protection Policy.Further develop and finalise the policy.June 2016Tools and informationQuick links to resources available to assist schoolsDownload resource on safety checking new andexisting and-kuraSafety checking and the workforce estriction/If you have a query relating to the workforcerestrictions or Core Worker Exemptions contact theChildren’s Action Plan Directorate: Phone: 0800 462 511Email: Core Worker Exemption@msd.govt.nzSchooling sector requirements underthe Act: ablechildrenact/Schedule of NZSTA workshops covering what aChild Protection Policy means for Boards of Trustees,procedures, safety checking and safe or-the-board1 July 2016All new non core children’sworkers must be safetychecked prior to contacts/or email the Ministry:SSCIProgramme@education.govt.nzor your local NZSTA HR Adviser:Phone: 0800STAhelp - 0800 782 435 option 1Email: hradvice@nzsta.org.nzThe Children’s Action Plan information on childprotection ensworkforce/child-protection-policies/1 July 2016How the workforce restrictions apply to existingcore children’s or-employers/From 1 July 2016 workforce restrictions apply to existing core workers. Fromthis date if you know a core worker you employ or engage has a conviction forto follow the suspension and possible termination process in Section 28 of theVulnerable Children Act 2014. Ensure workforce restrictions are well understoodWorkforce restriction appliesfrom this date: existingcore workers convicted ofdecision can take 40 working days).employed unless they have aCore Worker Exemption.July 2016 – June 20181 July 2018All existing core children’sworkers must be safetychecked.1 July 2019All existing non corechildren’s workers must besafety checked.Safety check all existing core children’s workers. These must be completed by 1July 2018. Allow 20 working days for police vetting in your plans.July 2018 – June 2019Safety check all existing non core children’s workers. These must be completed by 1July 2019. Allow 20 working days for police vetting in your plans.July 2019However, in cases where the breachesare continuous or serious, charges maybe laid.For further assistance please contact your regional Trial and refine the policy Update resources/websites to reflect the new Child Protection Policy.Child Protection Policy should be fully implemented and publicly available.The government agencies responsiblefor enforcing VCA requirements aretaking an educative approach. Initially,agencies will place emphasis on offeringinformation, advice and support to buildknowledge and workforce capability,rather than prosecute any breachesof the VCA.NZSTA’s example Child Protection Policy fora children-act-vca-2014Implement the Child Protection PolicyChild Protection Policiesshould be in place.Educative approachIf you have a query relating to the workforcerestrictions or core worker exemptions contact theChildren’s Action Plan Directorate:Phone: 0800 462 511Email: Core Worker Exemption@msd.govt.nzSee more e/Download Safety checking sand-kura New and Existing Employees: Safety Checkingunder the Vulnerable Children Act 2014 Trainees on Practicum: Safety Checking underthe Vulnerable Children Act 2014 Relieving Teachers: Safety Checking under theVulnerable Children Act 2014Three yearly review of your Child Protection Policy will be due (requirement under the act).This resource does not constitute legal advice and you should obtain your own legal advice on any matter relating to the Vulnerable Children Act 2014Resource:Planning tool: Implementing changes to SafetyChecking and developing a Child Protection Policy(Vulnerable Children Act 2014)12

Part 2Children’s Teams2.1 Children’s TeamsThe Children’s Team operating modelsupports professionals working withvulnerable children and their familiesand whānau to work together moreeffectively, making sure the rightservices are provided at the right time.This means that the different agenciesand organisations that support the mostvulnerable children are more integratedand work towards common goals. Thisapproach reflects the principles of theCAP by incorporating local expertiseand knowledge, with nationallyconsistent support.2.1.1Lead professionalsChildren accepted by a Children’sTeam are allocated a lead professionalwho is a front-line practitioner workingwith vulnerable children and theirfamilies. This person is the single pointof contact for the family and whānau andco-ordinates the group of professionalsworking with the child. This group is knownas the Child Action Network and togetherthey complete an assessment of the child’ssituation, agree goals and devise a planto make sure those goals can be achieved.2.1.2Children’s worker safety checkingrequirements for Children’s TeamsPeople working with children andtheir families and whānau, in Children’sTeams, must be safety checked to theVCA standard to ensure the safety ofchildren accessing the Children’s Team.Members of each Child’s ActionNetwork will also need to be safetychecked if they are named in the child’splan, if they will have access to sharedpersonal information about the child, orif they will have access to individual casefiles within the Vulnerable Kids InformationSystem (ViKI). This requirement appliesto all workers in these roles, even if theywould otherwise not be subject to theVCA e.g. because they are a volunteer.Safety checking is the responsibilityof the children’s worker’s employer, andthe Children’s Team Director will seek theemployer’s confirmation that the requiredchecking has been done. Following theinitial check, these safety checks must beupdated by the employer at least everythree years.More information on Children’s Teamscan be found on the CAP website.Educators are likely to be membersof Child’s Action Networks. Teachersare ideally placed to influence positivechange for vulnerable children asmembers of Child’s Action Networks.Participation in these teams is at thediscretion of the school principalor Ministry special education servicemanagers but there are many benefitsin being part of the information sharing,assessment and planning process thatreflects this new way of working.Vulnerable Children Act 201413

Part 3The Vulnerable Children Act 20143.1 The Vulnerable ChildrenAct 2014The new requirements of the VCA applyto early childhood education services, ngākōhanga reo and playgroups (Services),schools and kura (schools) becausethey have direct contact with children,as well as some people or organisationscontracted by them.There are two key requirements for theeducation sector under the VCA. Theseare to safety check all those who workregularly with children and whose workis paid (or unpaid as part of an educationalor vocational training course); and tohave child protection policies in place.Anyone convicted of a specified offencecannot be employed or engaged as acore children’s worker unless they havean exemption (workforce restriction).The VCA also allows for the introductionof the Vulnerable Children (Requirementsfor Safety Checks of Children’s Workers)Regulations 2015 (the Regulations) undersection 32 which provide detail on thevarious components of a safety check.3.2 Scope of the VCAAll children’s workers who work ina regulated service need to be safetychecked within the timeframes outlinedin the legislation2.There are three steps to applying theVCA to figure out whether it appliesto an organisation:1. Is the organisation a specifiedorganisation?›› Is it any of the state servicesin section 2 of the State SectorAct 1988?or›› Is it receiving money froma state service to provide regulatedservices (unless it’s receivingmoney via individualised fundingarrangements)?and›› Does it employ or engagechildren’s workers to performa regulated service?2. Are the specified organisations’employees or contractors‘children’s workers’?3. Are any of the specified organisations’employees or contractors ‘corechildren’s workers’?214Refer to page 12

3.2.1Regulated serviceRegulated services are government-funded services provided to childrenor adults in respect of children and arelisted in Schedule 1 of the VCA.In the education sector, a regulatedservice includes education servicesprovided at, by, or on behalf of Servicesand schools. This includes any person ororganisation contracted by a Service orschool, to provide an education service.3.2.2 Children’s workersDo they work ina regulated serviceand the work ispaid or part of aneducation or vocationaltraining course?Not achildren’sworkerDoes the workinvolve regular orovernight contactwith children?Not achildren’sworkerDoes thecontact take placewithout the child’sparent or guardianbeing there?Not achildren’sworkerThe VCA describes a children’s workeras a person who works in, or provides, aregulated service, and the person’s work:›› may or does involve regular orovernight contact with a child orchildren (other than with childrenwho are co-workers); and›› takes place without a parent orguardian of the child, or of eachchild, being present.Regular or overnight contact meansat least once a week, or on at least fourdays each month, or overnight.Children’s workers are classified as eithercore workers or non-core workers.They are achildren’s workerCore workerA core worker is a children’s worker whosework in a regulated service means they areeither the only person present or they haveprimary responsibility or authority over thechild (or children) present.Workers who have specified convictionscannot be employed in these roles unlessthey have an exemption.Non-core workersNon-core workers are not core workersand have regular, but limited, child contactand are never alone with children.Vulnerable Children Act 201415

3.2.3 How do you know if a children’s workeris a core worker or a non-core worker?In a school, it is the board’s responsibilityto determine whether a children’s worker’srole is core or non-core, based on theparticular circumstances of each worker’srole and each school.For Services, all staff who have accessto children would be considered a coreworker, as there will be times during theday when their duties require them to have‘primary responsibility for, or authorityover’, children. For example in teacher-ledServices, teachers would be consideredcore workers; in home-based Services,educators would also be consideredcore workers.Safety checking requirements are thesame for all children’s workers, exceptthat core workers may also be subjectto a Workforce Restriction if they have aspecified conviction. Core workers needto be informed about this so they canfollow the exemption process if necessary.When applying the legislative definitionof a core or non-core worker, the followingconsiderations may be helpful:›› If a role allows a person to be alonewith a child or children, it is a coreworker role.›› Being the children’s worker with‘primary responsibility for, or authorityover’, the child or children present,apply the ordinary meaning of thosewords. When considering ‘primaryresponsibility’, think about whethera role makes a person accountablefor the child/children, or creates a dutyor obligation towards the child/children.When considering ‘authority over’, thinkabout whether the role gives power –the right to provide guidance to, setbehavioural boundaries, for makingdecisions about or applying appropriatebehaviour management techniquesto the child/children present.Remember, responsibility or authoritymust be ‘primary’. If a person will neverbe left alone with children and there willalways be another adult present who ismore responsible or authoritative, a personwill not be a core worker.3.2.4 Summary of the scope of the safetychecking requirementsBelow is a summary of the Scope of theStandard Safety Checking Requirementsfactsheet.Vulnerable Children Act – Scopeof the Standard Safety CheckingRequirementsSpecified organisationsare going to berequired to undertakenew standard safetychecks of children’sworkers they employor engage. This meansthey’ll need to ensurethat:AChildren’sworkers theyemploy orenagage(includingcontractors) aresafety checkedto the requiredstandardBThree-yearlyre-checkingis done forall children’sworkers theycontinue toemploy orengageCThey do notemploy orengage anyperson as acore worker(see definition3 below) whohas a specifiedoffence, unlessthe worker hasan exemption.There are three steps to applying the Act:1. Is an organisationa specifiedorganisation? Is it any of the State services(section 2 State Sector Act1988)?; or Is it receiving money froma State service to provideregulated services (unlessit’s receiving money viaindividualised fundingarrangements)? and Does it employ orengage children’s workers toperform a regulated service?What are the regulatedservices?Any service that is listed inSchedule 1 of the Act (as listedon the following page)Specified organisationsare subject to the Act563082-CAPxxxx-Info02-April2015-A4-Pr03.indd 12. Are the specifiedorganisations employeesor contractors“children’s workers”?Children’s workers: People providing a regulatedservice; and Whose work may or does involveregular or overnight contact witha child or children; and This takes place without aparent or guardian of the child,or of each child, being presentRegular or overnight: at leastonce a week; or on at least 4 dayseach month, or overnightContact: physical, oralcommunication or via electroniccommunicationThese workers need to besafety checked3. Are any of thespecified organisationsemployees orcontractors “corechildren’s workers”?Core children’s workers arechildren’s workers whose workrequires or allows them to be: The only children’s workerpresent; or The children’s worker whohas primary responsibility for,or authority over, the child orthe children presentWorkers who havespecified convictionscannot be employed inthese roles unless theyhave an exemption23/04/15 4:46 PMResource:Vunerable Children’s Act – Scope of the StandardSafety Checking Requirements16

Part 4What checks do you need to do on peoplein your Service or school?In order to ensure the safety of children, earlychildhood education services, ngā kōhanga reoand playgroups (Services), schools and kura(scho

About this guide This guide provides an overview of the Vulnerable Children Act 2014 (VCA) and the responsibilities of early childhood education services, ngā kōhanga reo, playgroups, boards of trustees, schools and kura. The guide is for managers, leaders and children's workers. We recommend all education managers and leaders read this guide.