what criminal history check will DoCS undertake?

Three Acts of Parliament require that a prospective licensee’s criminal history be checked:

Commission for Children and Young People Act 1998
Child Protections (Prohibited employment) Act 1998
Children and Young Persons (Care and Protection) Act 1998

DoCS assesses prospective licensees and undertakes checks of the information provided relating to the applicant’s criminal history and any disciplinary action. Checks are also done for the proposed authorised supervisor. In the case of corporate applicants, all directors or management committee members will also be subject to checks undertaken by DoCS.

It is the prospective licensee’s responsibility to conduct separate probity checks on anyone engaged in the operation or management of the service including all other primary contact staff and volunteers.

The criminal history will reveal any convictions for any offence committed at any time within Australia.

Not all offences exclude a person from becoming a licensee or authorised supervisor. The purpose of the checks is to ensure that the licensee is a fit and proper person to operate a children’s service and to be responsible for the safety and welfare of children.

The Regulation describes the probity checks that need to be carried out by DoCS or the prospective licensee.

Requirement	Part, Clause	Page
Probity check of proposed licensee and supervisor	Part 8 Clause 117	86
Probity checks of proposed staff	Part 8 Clause 118	86
Nature of probity check	Part 8 Clause 119	86
By whom probity check to be carried out in compliance with guidelines	Part 8 Clause 120	87
Probity checks to be carried out in compliance with guidelines	Part 8 Clause 121	87
Unauthorised disclosure or dishonest collection of information		87

You should read further information and download a package about the working with children check from the NSW Commission for Children and Young People website.

The next page outlines what building plans and development applications you need to lodge.

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