Child Safe Environment –Child Protection Act 1993 (SA)
-
CHECK LIST FOR LOCAL GOVERNMENT COUNCILS
The checklist below maps the legislative requirements of amendments to the Child Protection Act. It also provides an update on progress of the
development of resources by the SA Department for Families and Communities (DFC) as required by the legislation, which will inform the update
of the “LGA Safe Environment Policy Models and Checklist” document as a further resource for Councils.
Note: Implementation of the new legislative requirements is to be as soon as practicable after proclamation on 31 December 2006, and by 31
December 2007. However, there has been a delay in the release of DFC policy guidelines and standards which may affect the ability for Councils
and other organisations to meet the implementation requirements.
Legislative Requirements Overview
Update on Resources
Councils must develop and endorse a
Child Safe Environment Policy.
 The policy is to include a code of
conduct in relation to child and reflect
relevant standards developed and
issued by the Chief Executive of
Department for Families and
Communities (SA) (DFC)
DFC draft policy and standards are available
via DFC website. However, they are
incomplete and have not as yet been
endorsed by the Chief Executive or Minister.
Note: Councils are not required to develop
new policies, standards or codes of conduct
where these already exist. The requirement
is for policy frameworks to reflect DFC
model policies and standards, and
acknowledge the duty of care with respect to
children.
It is expected a final draft will be available
end of June, early July 2007
Procedures are required to ensure
 all employees and volunteers to read and agree on the
policy
 parents and children (where appropriate) are made
aware of the policy
 a process for communicating and dealing with concerns
about improper behaviour of volunteers or employees.
Mandatory reporting obligations have
been extended to
 all employees, contractors, consultants,
and volunteers who provide health,
welfare, education, sporting or
recreational services wholly or partly for
children; and
 supervisors and managers who have
direct responsibility for the supervision
of the provision of these services.
Guidelines for Mandated Notifiers are
available via www.families.sa.gov.au –
“Child-Safe Environments Reporting Child
Abuse & Neglect – Guidelines for Mandated
Notifiers”
Councils will need to
 Identify relevant positions where mandatory reporting
obligations apply
 Review duty statements to ensure they reflect
mandatory reporting requirement
 Develop a mandatory reporting training program and
schedule for all relevant existing employees, volunteers,
managers, and supervisors
 Include training/overview in induction/orientation program
for relevant new employees and volunteers.
A range of complex issues relating to
criminal history screening have been raised
and are under consideration.
See page 2 for training options.
Update prepared by Margaret Heylen, Project Consultant to LGA
CHECKLIST FOR COUNCILS
Councils will need to prepare and endorse a policy which
reflects the intent of the guidelines and standards developed
by the DFC. DFC suggest that Councils should aim to have
policies in place by 31 December 2007.
Councils will need to
 Review existing policy framework
 Determine whether updates are required, or whether
new policies and procedures will need to be developed.
1
7th June 2007
Child Safe Environment –Child Protection Act 1993 (SA)
-
CHECK LIST FOR LOCAL GOVERNMENT COUNCILS
Legislative Requirements Overview
Update on Resources
CHECKLIST FOR COUNCILS
Child Safe – Mandatory Reporting
Training
DFC offer a 3 day Child Safe – Mandatory
Reporting Train the Trainer Program.
Participants who complete this program are
accredited trainers for the one day training
session.
Identify relevant staff and volunteers who will be required to
undertake training, either through
 one day Child Safe Mandatory Reporting training
 a shorter training session
Note: There is no legislative requirement for
mandatory reporting training.
However, the DFC draft standards referred
to previously require relevant staff and
volunteers to undertake training to enable
them to meet this obligation.
Appropriate training is also central to an
overall risk management approach to
ensuring a Child Safe Environment.


A one day training sessions is
recommended for staff and volunteers,
and their managers and supervisors,
who are primarily engaged in providing
services to children.
Shorter sessions, or printed information,
may be appropriate for other employees
and volunteers with less frequent or
occasional contact with children. This
can be developed from the one day
training course material.

Councils are encouraged to nominate
staff member/s to undertake this
program to enable in-house training as
required.
A one day “Child Safe Mandatory Reporting”
training session is offered through LGA’s
Education and Training Service Program.
 Contact: Patricia Coonan, phone 8224
2035,
 email: patricia.coonan@lga.sa.gov.au
Identify relevant staff and volunteers who could be advised of
the new requirements through printed information and
provision of DFC publication:
“Child-Safe Environments Reporting Child Abuse & Neglect
– Guidelines for Mandated Notifiers”
Identify relevant training options for the organisations
Schedule training program
Include Child Safe - Mandatory Reporting as a topic on
induction and orientation program check list for newly
appointed staff and volunteers
Office for Recreation and Sport (ORS) will
be offering training for recreation centres,
clubs and sporting associations.
 Contact: ORS, phone 8416 6677
 Visit: www.recsport.sa.gov.au
On line training for sport and recreation
service providers
 via Play by the Rules
 www.playbytherules.net.au
Note: A range of resources and references may be accessed via DFC website at www.families.sa.gov.au, go to the “Child Safe
Environments” link. National Framework documents are also available via this website in particular Councils are referred to “Creating
Safe Environments for Children – Organisations, Employees and Volunteers.
Update prepared by Margaret Heylen, Project Consultant to LGA
2
7th June 2007
Child Safe Environment –Child Protection Act 1993 (SA)
-
CHECK LIST FOR LOCAL GOVERNMENT COUNCILS
Legislative Requirements Overview
Update on Resources
CHECKLIST FOR COUNCILS
Criminal history checks for existing and future new
employees and volunteers in “prescribed
positions”.
LGA is represented on a Criminal History Checks
Working Party convened to develop guidelines and
standards.
Note: Local Government Councils are not regulated at
the current time to undertake criminal history checks.
However, this practice is recommended as part of an
overall risk management approach. If Councils choose
to do so, they must comply with the policy and
standards issued by DFC.
A range of complex issues are under legal and policy
consideration by DFC including
 Written consent and privacy principles
 Records – handling, storage, access
 Natural justice and procedural fairness
 Portability of criminal history information (separate
working party convened by DFC)
 Frequency of checks
 Resource implications for SAPOL
 Relevance of criminal history
 Who assesses and what skill is required?
 Criminal history checks as one aspect of
screening. Referees and suitability for working
with children to be check out also.
Councils will need to
 Identify “prescribed positions”
 Review Job and Person
Specifications to include
requirement for criminal history
check prior to appointment
 Identify existing employees who will
be required to undertake criminal
history checks
 Establish recruitment and selection
procedures and practices which
reflect the intent of the DFC
guidelines when released (see
“issues” in column 2).
Prescribed positions include those
 where there is regular contact or working in close
proximity to children on a regular basis
 supervisors and/or managers of those positions
 relevant contractors, agents, and consultants
 staff and volunteers who have access to records
relating to children
DFC Draft to date suggests “regular contact” includes
contact that may facilitate instances where people
deliberately use their position and status to access and
exploit children. For example,
 multiple instances of contact of limited duration
(weekly group gathering) or
 fewer extended and intense periods of contact
possibly away from children’s usual environment
(day trip, overnight camp)
It is expected draft policies and standards will be
available mid 2007.
“Close proximity” means in reasonable unaided visual
sight if physical structures were not present – that is,
within eyeshot
For enquiries or further information about Child Safe Environment requirements, please contact Margaret Heylen, Project Consultant to
LGA, telephone 83897971, mobile 0419 818166, margheylen@bordernet.com.au
Update prepared by Margaret Heylen, Project Consultant to LGA
3
7th June 2007