Record-keeping and non-compliance

Record-keeping

Government-funded organisations (including local authorities) may be required to provide information about the safety checking of children's workers they employ or engage.

We recommend keeping accurate records about the safety checking process, including when each aspect of the check was completed.

Where a check was done by someone else on behalf of the organisation, this must be adequately documented.

If you wish to check whether the children’s workers who look after your children have been safety checked, you can ask their supervisor or employer (e.g. the principal, child care centre supervisor, or GP practice manager).

Non-Compliance

Organisations that employ or engage (or continue to employ or engage) a person as a children’s worker beyond the relevant dates without ensuring that the required checking is done, are liable upon conviction for a fine of up to $10,000.

An organisation that knowingly or recklessly employs a person as a core children’s worker who has a specified conviction and no exemption beyond the relevant date is liable upon conviction for a fine of up to $50,000.

In both cases, Crown organisations may be held liable and fined.

Central and local government agencies will be taking an educative approach while the regulations are phased in, supporting compliance rather than prosecuting offences. However, in cases where children are put at risk, charges may be laid.