Working with Children Clearance prohibition, suspension, revocation, interim exclusion notice, or exclusion notice - procedure

1122
Follow this procedure when a kinship carer has received a prohibition, suspension, revocation, exclusion or interim exclusion notice against their Working with Children Clearance.

Document ID number 1122, version 3, 5 February 2024.
Introduction

A prohibition, suspension, revocation, exclusion or interim exclusion notice against a Working with Children Clearance (WWCC), previously known as a Working with Children Check, is issued by the Department of Government Services (DGS) when their preliminary assessment of an applicant’s criminal record or professional conduct report indicates they may not pass the WWCC, or when they have been charged with a new criminal offence or is subject to disciplinary or regulatory finding, or is excluded by another state or territory.

When a carer(s) or usual adult household member is issued with a prohibition, suspension, revocation, exclusion or interim exclusion notice, the Working with Children Check and Information Sharing Services (WISS) team will forward the notice to the allocated child protection practitioner (CPP), the CPP’s team manager, their deputy area operations manager, WWCC divisional Coordinator, and the divisional kinship care manager for action. 

Child Protection, the Working with Children Coordinators or WISS do not receive details of the reason for the prohibition, suspension, revocation, exclusion, or interim exclusion notice. A criminal records check should be undertaken to ascertain if criminal charges have resulted in the issuing of a notice.  

If a revocation or exclusion notice has been issued against an individual, the person has been assessed as unsuitable to hold a WWCC.

For further information, including definitions of the notices issued by DGS, see Working with Children Clearance prohibition, suspension, revocation, interim exclusion and exclusion notice policy and Working with Children Clearances for kinship carers and usual household members – advice.

Procedure

Case practitioner tasks

  • Undertake a criminal records check on the individual to ascertain if criminal charges have resulted in a notice being issued. 
  • Speak with the individual to obtain further information as to why a notice has been issued. 

The divisional WWCC team will record the adverse notice on CRIS.

  • Request an urgent (1 hour) police check from Victoria Police to verify any new charges. Ensure you tick the ‘placement assessment’ box in the request, to enable the Victoria Police Records Services Division (RSD) to prioritise the request. Do not make the request by phone.
  • Complete a CRIS check to establish which child(ren) the kinship carer is caring for, if there is another approved kinship carer in the household, if the carer is a respite kinship carer or if the person is a usual adult household member.
  • Consult with the divisional WWCC team if assistance is required.
  • Discuss concerns with the carer or usual adult household member by phone and advise what action will be taken (including the removal of the child in circumstances where the notice has been issued against a carer, or request the carer remove themselves). 
  • Advise the team manager and undertake an immediate case plan review. If the case is contracted advise the funded agency case manager of the notice from DGS and involve them in the review.
  • Engage the carer, family, and other relevant stakeholders in the case plan review as appropriate. 

If the case is complex a meeting may be required. Consider an Aboriginal family-led decision making meeting (AFLDM) or family-led decision making meeting (FLDM) where appropriate.

  • Action must be taken within 24 hours. Where the notice has been issued on a kinship carer, this involves either removing the child from the placement or requesting the carer to remove themselves from the residence, for the duration of the DGS assessment or reassessment of the WWCC when an interim exclusion or suspension notice is issued.
  • If a prohibition, revocation, or exclusion notice has been issued against a carer, the person has been assessed as unsuitable to hold a WWCC and cannot continue in a carer role and the placement cannot continue unless the carer is removed from the placement ongoingly. 
  • If a prohibition, revocation or exclusion notice has been issued against a usual adult household member, a review of the case plan must be undertaken within 24 hours and a decision made as to whether the placement should continue, and whether a discretionary endorsement will be sought for the usual adult household member see Discretionary endorsement for usual adult household members unable to hold a WWCC
  • Record all decisions and action taken in CRIS.
  • For Aboriginal children, consultation must occur with ACSASS and other relevant Aboriginal agencies regarding significant decisions. Consideration must be given to the Aboriginal Child Placement Principles and additional decision making principles for Aboriginal children in the Children, Youth and Families Act 2005.
  • Convene a care team meeting (where applicable) to discuss ongoing support requirements for the child(ren) within five days following the case plan review.

If the kinship carer has not received an outcome of the progress of the prohibtion, suspension or interim exclusion notice assessment from DGS after eight weeks, please follow up with your division by sending an email to the relevant team. Contact details can be found at WWCC Kinship team contact details.

Supervisor tasks

  • Provide ongoing supervision and support to the child protection practitioner.
  • Consult with the divisional WWCC team as required.
  • Consider how best the carer can be supported or assisted in providing their response to DGS if required. 

Team manager tasks

  • Endorse any decision to remove the child from placement.
  • Endorse any change made to the case plan as a result of the case plan review.
  • Attend the care team meeting.

Divisional WWCC team tasks

  • Record the adverse outcome on CRIS.