Conducting background checks

Services must make reasonable enquiries to verify a person’s suitability to work with children before they begin and during their employment.

Reasonable enquiries involve taking proactive and thorough steps to confirm that any person working or volunteering in an early learning service is suitable to work with children and not subject to any restrictions or prohibitions.

One of the most effective proactive steps you can take, to ensure only people with strong child safe values enter your service, is to complete thorough background checks.

Mandatory background checks

Before a person starts work, you must complete the following checks:

Consider asking prospective staff members to declare whether they have been subject to any restrictions imposed by the NSW Early Learning Commission or regulators in other jurisdictions. The Commission has developed a declaration form for prospective employees and volunteers (PDF 130 KB) to complete as part of your background screening process. The form is optional to use and does not need to be submitted to the Commission.

Best practice checks

To strengthen recruitment and safeguarding practices, it is strongly recommended that services also:

  • verify ID details (for example, a 100-point ID check)
  • obtain a National Police Check
  • conduct at least 2 comprehensive, verbal referee checks by asking behaviour-based questions to verify the candidate’s suitability to work with children.

Download the Commission’s child safe referee check template (DOCX 40 KB) to support decision-making and child safe recruitment at your service.

Applying a risk-based approach

Some circumstances warrant additional scrutiny. While the mandatory checks should always be completed, the examples below outline additional enquiries to help assess someone’s suitability.

Complete all mandatory checks.

Also consider:

  • exploring previous employment in other sectors involving children or vulnerable people
  • asking behavioural interview questions that assess understanding of child safety and professional boundaries
  • obtaining referees who can comment on the person's character, integrity and suitability to work with children.

Reconfirm mandatory requirements in accordance with your staffing policies and procedures.

Also consider:

  • reviewing any complaints, conduct concerns or disciplinary matters
  • obtaining updated declarations where appropriate.

To comply with your legislative obligations, you must complete all mandatory checks before the person commences work, even if the agency has already completed them.

Also consider:

  • obtaining confirmation of recent performance from the agency
  • requesting direct referee information where possible
  • ensuring the worker receives your service's child safe induction and understands your policies and reporting obligations.

Complete all mandatory checks.

Unexplained gaps in employment history may require further enquiries, as an individual may have omitted previous workplaces where concerns were raised.

Consider:

  • asking the individual to explain any gaps
  • seeking additional referee checks
  • confirming employment dates where possible.

Complete all mandatory checks.

Frequent movement between services warrants additional enquiries.

Consider:

  • asking about the reasons for changing employers
  • conducting additional referee checks
  • speaking with supervisors who directly managed the individual.

Complete all mandatory checks.

Also consider:

  • verifying any interstate employment history
  • obtaining referee checks from previous employers in other jurisdictions
  • confirming whether the individual has been subject to any disciplinary action or regulatory action in another state or territory.

Complete all mandatory checks that apply in Australia.

Where possible, also consider:

  • verifying overseas qualifications
  • obtaining overseas police or criminal history checks where available and relevant
  • seeking referee checks from previous overseas employers
  • requesting additional evidence to support employment history and identity where documentation is limited.
  • NSW Early Learning Commission
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