Purpose

ZING Activ is committed to providing a safe environment for all clients, students, visitors and staff. This policy enables ZING Activ to meet the legislative requirements of the various Australian States & Territories as they relate to employees/contractors who are likely to engage in direct-contact activities with children throughout the period of their employment or experience with ZING Activ.

Scope

All prospective employees/contractors whose role may require direct contact with a child.

All persons involved in any event where direct contact with a child may be necessary or required.

Objective

The objectives of this policy are to:

a) ensure the safety of children at all ZING Activ events;
b) ensure the suitability of employees/contractors and job applicants for direct contact with children as part of their employment or business operations;
c) prevent people with a criminal history which affects their suitability to work with children, from working in child-related employment or participating in any way in ZING Activ events.

Relevant employees/contractors, as defined by the scope of this policy, must undergo a Working with Children Check (or its equivalent) as a means of ensuring that the above objectives are met.

State and Territory Legislative Requirements

There is no single national system setting out the requirements for obtaining a Working with Children Check (WWC Check) or its equivalent. Each State and Territory has their own legislative requirements (except Tasmania) and it is necessary to fulfil the requirements in the jurisdiction in which you are working or operating in. As legislative requirements may change from time to time, it is important that employees/contractors remain abreast of such developments, and ensure their continued compliance with the applicable requirements.

Related Legislation:

• NSW – Child Protection (Working with Children) Act 2012

• VIC – Working with Children Act 2005

• QLD – Commission for Children and Young People and Child Guardian Act 2000

• WA – Working with Children Check (Criminal Record Checking) Act 2004

• SA – Children’s Protection Act 1993

• NT – Care and Protection of Children Act 2007

Requirements

All employment and business operations within ZING Activ include instances requiring the work with or instruction of children. Working with children could include after school programs, school holiday programs, interschool challenge events, parent showcases, school functions (i.e., Graduations, Discos, Fun Days etc), in school event coaching, instruction, leadership or facilitation of clients, staff or students who are under the age of 18. As such, a successful WWC Check (or its equivalent) is a condition of employment and must be submitted to ZING Activ and the employer for the period of any employment/involvement within any and all ZING Activ business operations.

Any employee or volunteer who is not able to produce or maintain a successful WWC Check will not be able to have any involvement within ZING Activ, or its affiliates, that requires them to be able to work with or instruct children. In these instances, the individual is unable to meet the requirements for employment with ZING Activ.

If an individual is found to have misled ZING Activ regarding their WWC Check status (i.e., using falsified documents to claim legal ability to work with children when this is not the case), they may be terminated immediately.

Employee Requirements

As all roles within ZING Activ involve students and children who may be under the age of 18, it is a condition of employment that those who are working in a role involving any form of contact in an instructional, teaching, coaching, tuition or advisory capacity or in roles specified by this policy must successfully undergo a Working with Children Check (WWC Check) or its equivalent as per legislative requirements.

All offers of employment for roles of this nature will be offered subject to those individuals obtaining a WWC Check. It is the responsibility of the prospective employee/contractor to apply for their WWC Check and cover the cost prior to commencement of their employment.

Upon commencement, evidence of application or proof of a successful check must be produced to the employee’s State Manager and HR Manager. Evidence of completed checks must be produced prior to the employee commencing duties involving contact with children. In instances where an application has been made but the completed check has not been received, ZING Activ will follow relevant State requirements/guidelines in terms of how employees engage with children.

All employees must advise ZING Activ of any change to the status of their WWC Check as soon as possible. Failure to adhere to the applicable requirements may be considered misconduct and may result in disciplinary action. If an employee/contractor is found to have misled ZING Activ regarding their WWC Check status (e.g., using falsified documents), this may result in immediate termination of contract.

Exemptions

a) Persons under the age of 18.
Note: If that person turns 18 during the period of their employment, they must make an application at the soonest practicable date once they turn 18. They will not be permitted to undertake activities with children until a successful WWC Check is supplied.