Schedule 4 Police vetting

ss 25, 104

1 Police vetting of non-teaching and unregistered employees at licensed early childhood services

The service provider of a licensed early childhood service must obtain a Police vet of every person—

(a)

whom the service provider appoints, or intends to appoint, to a position at the early childhood service; and

(b)

who is to work at the service during normal opening hours; and

(c)

who is not a registered teacher or holder of a limited authority to teach.

Compare: 1989 No 80 s 319D

2 Police vetting of contractors and their employees who work at licensed early childhood services

(1)

The service provider of a licensed early childhood service must obtain a Police vet of every contractor, or employee of a contractor, who has, or is likely to have, unsupervised access to children at the service during normal opening hours.

(2)

In this clause, contractor means a person who works at a licensed early childhood service under a contract for services.

Compare: 1989 No 80 s 319E

3 Police vet must be obtained before person has unsupervised access to children

(1)

A Police vet required under clause 1 or 2 must be obtained before the person has, or is likely to have, unsupervised access to children at the service during normal opening hours.

(2)

The service provider of a licensed early childhood service that is required under clause 1 to obtain a Police vet of a person must apply for the vet no later than 2 weeks after the person begins work at the service.

Compare: 1989 No 80 s 319F

4 Procedures relating to Police vets under clause 1 or 2

The service provider of a licensed early childhood service that applies for a Police vet of a person under clause 1 or 2

(a)

must ensure that strict confidentiality is observed for Police vets; and

(b)

may not take adverse action in relation to the person who is the subject of a Police vet until—

(i)

the person has validated the information contained in the vet; or

(ii)

the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period.

Compare: 1989 No 80 s 319FA

5 Police vetting of adult members of household where licensed home-based education and care service provided

(1)

The service provider of a licensed home-based education and care service must obtain a Police vet of every adult who lives in a home—

(a)

where the service is being provided; and

(b)

where at least 1 child to whom the service is being provided does not live in the home.

(2)

In this clause, adult means a person who is aged 17 years or over.

Compare: 1989 No 80 s 319FB

6 When Police vet under clause 5 must be obtained

(1)

A Police vet required under clause 5 must be obtained,—

(a)

in the case of a home that is to be used as a licensed home-based education and care service, before the home is used as a licensed home-based education and care service; and

(b)

in the case of a home that is being used as a licensed home-based education and care service, before the adult begins to live in the home.

(2)

The Police vet must be obtained even if the person is unlikely to be present when the licensed home-based education and care service is provided.

Compare: 1989 No 80 s 319FC

7 Procedures relating to Police vets under clause 5

The service provider of a licensed home-based education and care service that applies for a Police vet of a person under clause 5

(a)

must ensure that strict confidentiality is observed for Police vets; and

(b)

may not take adverse action in relation to the person who is the subject of a Police vet until—

(i)

the person has validated the information contained in the vet; or

(ii)

the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period.

Compare: 1989 No 80 s 319FD

8 Further Police vets to be obtained every 3 years

(1)

The service provider of a licensed early childhood service must obtain a further Police vet of every person—

(a)

on whom a Police vet has already been obtained under this schedule by that service provider; and

(b)

who still works at the service or lives in the home.

(2)

A further Police vet required under subclause (1) must be obtained on or about every third anniversary of any Police vet that has been previously conducted on the person.

(3)

The requirement for a further Police vet under this clause does not apply to a person on whom a Police vet under clause 1 or 2 would not be required if the person were about to be appointed to a position at the licensed early childhood service or to work at the service at the time that the further Police vet would otherwise be required.

Compare: 1989 No 80 s 319FE

Police vetting in respect of primary and secondary schools

9 Police vetting of non-teaching and unregistered employees at schools

The board of a State school and the managers of a private school must obtain a Police vet of every person—

(a)

whom the board or the managers appoints, or intends to appoint, to a position at the school; and

(b)

who is to work at the school during normal school hours; and

(c)

who is not a registered teacher or holder of a limited authority to teach.

Compare: 1989 No 80 s 78C

10 Police vetting of contractors and their employees who work at schools

(1)

The board of a State school and the managers of a private school must obtain a Police vet of every contractor, or employee of a contractor, who has, or is likely to have, unsupervised access to students at the school during normal school hours.

(2)

In this clause, contractor means a person who works at a school under a contract for services.

Compare: 1989 No 80 s 78CA

11 Police vet must be obtained before person has unsupervised access to students

(1)

A Police vet required under clause 9 or 10 must be obtained before the person has, or is likely to have, unsupervised access to students at the school during normal school hours.

(2)

The board of a State school or the managers of a private school that is required under clause 9 to obtain a Police vet of a person must apply for the vet no later than 2 weeks after the person begins work at the school.

Compare: 1989 No 80 s 78CB

12 Further Police vets to be obtained every 3 years

(1)

The board of a State school and the managers of a private school must obtain a further Police vet of every person on whom a Police vet has already been obtained under clause 9 or 10 by that board or management and who still works at the school.

(2)

A further Police vet required under subclause (1) must be obtained on or about every third anniversary of any Police vet that has been previously conducted on the person.

(3)

The requirement for a further Police vet under this clause does not apply to a person on whom a Police vet under clause 9 or 10 would not be required if the person were about to be appointed to a position at the school or to work at the school at the time that the further Police vet would otherwise be required.

Compare: 1989 No 80 s 78CC

13 Procedures relating to Police vets

The board of a State school or the managers of a private school that applies for a Police vet of a person—

(a)

must ensure that strict confidentiality is observed for Police vets; and

(b)

may not take adverse action in relation to a person who is the subject of a Police vet until—

(i)

the person has validated the information contained in the vet; or

(ii)

the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period.

Compare: 1989 No 80 s 78CD

Relationship with Children’s Act 2014

14 Relationship with Children’s Act 2014

Nothing in this schedule limits or affects Part 3 of the Children’s Act 2014 or regulations made under that Act in relation to the safety checking of children’s workers.