Under the Recruitment and onboarding policy, the department is committed to fair and equitable recruitment and comprehensive onboarding practices in its workplaces by screening job applicants appropriately to ensure the safety, welfare and wellbeing of learners and employees.

All employees (including applicants and successful candidates) must:

• complete the required screening documents and provide identification before employment or engagement
• hold a valid Working with Children Check (WWCC) clearance with sufficient validity to meet operational requirements, as a condition of employment or as required by the role
• maintain and renew their WWCC clearance within 90 days of expiry while employed or engaged in a child-related role
• consent to and cooperate with background checks and probity screening as required, including any new screening as required during employment
• understand that failure to meet screening requirements may result in their application not progressing, withdrawal of an offer of employment, or disciplinary action up to and including termination.

Hiring managers must:

• know which employment conditions need to be met for the candidate to start working
• communicate the conditions to the candidate and ensure they are aware they cannot start work until they have completed all relevant checks
• ensure all workforce screening documentation is completed correctly, and identification requirements have been met before storing them securely
• provide workforce screening documentation to the Probity unit as required
• ensure all relevant checks have been completed before allowing the successful candidate to start work or move to a new role
• ensure all employees in child-related roles and new Education support staff hold a valid NSW WWCC with more than 90 days validity before beginning employment
• when screening for temporary or casual school roles
  • ensure the request has been submitted through Electronic Casual Pay Claims (eCPC) and all paperwork is approved
  • monitor the status of the employment checks and advise the person once they are cleared to begin work.

Teacher Approvals must:

• ensure teacher applicants are screened before granting approval to teach
• verify that applicants
  • are not on the Not to be Employed (NTBE) list
  • have a valid NSW WWCC clearance with more than 90 days validity
  • have consented to a Nationally Coordinated Criminal History Check (NCCHC)
  • have their NCCHC’s results cleared by the Probity unit
  • have either pending or completed NSW Education Standards Authority (NESA) accreditation
  • have completed a minimum of 4 years of tertiary study that includes a teaching qualification in primary, secondary or Kindergarten to Year 12 teaching
• ensure teachers are rescreened before being issued a casual approval after separation.

Human resources staff must:

• ensure all new and existing employees have met the relevant screening requirements before they start employment, including:
  • recommended candidates are not on the NTBE list
  • candidates hold a valid NSW WWCC clearance (when required) with more than 90 days validity
  • candidates have consented to a NCCHC and the Probity unit has cleared any results
  • candidates have the appropriate qualifications for the role (when required)
  • candidates can legally work in Australia
• ensure all records are kept secure in line with the State Records Act 1998 (NSW) and privacy legislation, and provide documentation to the Probity unit when required
• ensure the screening has been submitted through eCPC, PERS or relevant department systems and is approved once all paperwork has been received
• monitor the status of employment checks and advise the person once they are cleared to start work
• reject new or existing employee appointments when they do not meet the workforce screening requirements, which includes not having a valid NSW WWCC clearance.

School Infrastructure must:

• ensure School Infrastructure contractors have met the relevant screening requirements before they begin working at a school site
• ensure all records are kept secure in line with the State Records Act 1998 (NSW) and privacy legislation, and provide documentation to the Probity unit when required
• monitor the status of screening checks and advise the contractor or relevant contact once the contractor is cleared to begin work
• not allow School Infrastructure contractors to begin work if they do not meet the workforce screening requirements.

Principals, managers, executive leaders and directors must:

• ensure all employees are not on the department's NTBE list and are subject to the relevant screening requirements before they start employment
• ensure all employees in child-related roles hold a valid NSW WWCC clearance with more than 90 days validity before beginning employment, or before beginning or relieving in a child-related role
• ensure all employees maintain probity clearances, including a valid NCCHC and NSW WWCC for child-related roles
• take immediate disciplinary action against employees who do not meet employment requirements
• ensure all records are kept secure per the State Records Act 1998 (NSW) and privacy legislation.

School staff conducting screening must:

• ensure all contractors, volunteers and visitors are screened in accordance with the school Screening Catalogue (staff only) when entering school premises
• ensure all casual and temporary teachers hold a valid Approval to Teach, NESA accreditation and probity clearances.

The Probity unit must:

• verify WWCC clearances and oversee the screening process across the department
• review NCCHC results and assess disclosable outcomes to determine a candidate's suitability for employment (when the responsibility falls under probity)
• manage the screening process for cleaners engaged under the Whole of Government Cleaning Services Contract
• maintain the NTBE list
• update hiring managers and relevant contacts on the outcome of screening checks
• provide advice and guidance to staff on workforce screening requirements.

Executive Director, Employee Relations must:

• consult with the relevant executive director or deputy secretary to guide the Secretary when determining whether a senior executive role is child related.

The department must:

• take reasonable steps to ensure all persons employed or engaged in child-related roles are suitable for child-related work
• ensure screening processes adhere to legislative requirements, data protection regulations and anti-discrimination laws
• safeguard candidate privacy by securely storing and handling sensitive information obtained during the workforce screening process, which aligns with the Privacy and Personal Information Protection Act 1998 (NSW)
• maintain accurate records of screening processes in compliance with the State Records Act 1998 (NSW), which includes declaration forms, background check results and any relevant correspondence
• review and update screening procedures to adapt to changing legislation, industry standards and department needs
• provide training to employees involved in screening to ensure they understand the process and adhere to legal and ethical standards
• ensure that any person placed on the department’s NTBE list has their system access revoked.

NTBE checks must be conducted in Electronic Casual Pay Claims (eCPC):

• when hiring a new new casual, temporary or permanent employee (including engagement through ClassCover)
• when specified in the school Screening Catalogue (staff only), including employees, contractors, volunteers and visitors
• at the beginning of the school year, for long-term temporary employees
• at the beginning of each term, for casual and short-term temporary employees
• at the point of re-engagement, if the employee is returning after a period of at least 12 months.

1. Sight the person’s relevant identification documents (refer to Guide to identity documents).

2. Navigate to the ‘Person Search’ function in eCPC (staff only).

3. Search using the person’s first and last name(s).

If the search returns either of the following results, the candidate is not on the department’s NTBE list and can be employed:

• Enquiry returned no results
• NTBE status – clear

If the search returns a person's profile or a list of profiles, select the linked PEPS, CEPS or Digital Declaration ID. This will display:

• ‘Employee is not to be employed. Contact the Probity Unit’. This means the person is on the NTBE list and cannot be engaged in any capacity.
• ‘Not to be engaged in a paid employee capacity'. The person may be eligible for engagement as a volunteer or contractor with approval from the Probity unit. This means the person cannot be engaged as an employee but has clearance to access schools as a volunteer or contractor, so long as any relevant requirements listed in the school Screening Catalogue (staff only) are met.

For further instructions on using the eCPC system, refer to Perform a Not to be Employed check – QRG (staff only).

Schools must record the NTBE result for temporary and casual staff engaged directly.

To meet audit requirements, the NTBE result must be recorded both during:

• recruitment
• annual screening processes.

Schools can do either or both of the following:

• take a screenshot of the eCPC search results and save it as per the department’s Records management procedures (staff only)
• include a column in their sign-in book to record NTBE check results and have the staff member who conducted the check sign it.

Schools using digital declarations must regularly verify identity, NSW WWCC, relevant training and insurances. They do not need to perform eCPC checks every term for all non-employees.

Schools not using digital declarations must continue recording NTBE results via locally saved eCPC screenshots.

The NTBE decision-makers may:

• consider granting special access to persons who volunteer or contract to the department while they remain on the NTBE list
• grant special access when placing an individual on the list, or at any time afterwards
• grant special access on a case-by-case basis once they complete an assessment and confirm there is no risk to staff and student safety and wellbeing.

Applicants can request access consideration by emailing ntbe@det.nsw.edu.au.

Individuals placed on the department’s internal NTBE list may seek further information about an administrative review by emailing ntbe@det.nsw.edu.au.

Individuals may request an administrative review of their placement on the NTBE list after they have:

• completed a minimum timeframe
• demonstrated an appropriate reduction of risk.

The NTBE administrative review process is managed confidentially in accordance with the appropriate delegations (staff only).

Any decision to remove a person from the NTBE list is guided by legislative obligations and department policies and procedures. Removal from the NTBE list does not override other mandatory workforce screening requirements, including the requirement to hold a valid NSW WWCC clearance where applicable.

Applicants who are uncertain about a review outcome or their appeal rights are encouraged to seek independent advice.

Non-child-related roles do not have direct and/or prolonged contact with children or regular access to a child’s confidential information.

All non-child-related employees must have a cleared criminal history check.

A new candidate must complete and provide:

• a Declaration for non-child-related workers (PDF 445 KB)
• a Nationally Coordinated Criminal History Check – Application and informed consent form (PDF 485 KB)
• 3 identity documents that meet the minimum identity requirements as listed on pages 2 and 3 of the NCCHC Application and informed consent form
• a Working with Children Check (NSW WWCC) clearance (refer to Apply for a WWCC).

All child-related employees must have a cleared criminal history check.

A new candidate must complete and provide:

• a Declaration for child-related workers (PDF 473 KB): WWCC clearance details are provided in this declaration
• a Nationally Coordinated Criminal History Check – Application and informed consent form (PDF 485 KB)
• 3 identity documents that meet the minimum identity requirements as listed on pages 2 and 3 of the NCCHC Application and informed consent form
• a valid Working with Children Check (NSW WWCC) (refer to Apply for a WWCC) with more than 90 days validity for paid employment.

The following conditions will be considered, but not necessarily determinative, as to whether a role is child-related:

• direct contact with children
• working or providing services within a school
• the amount of contact with children
• the type of contact with children, including digital contact such as that made via video conferencing
• providing transport services to children
• what information the role has access to, including
  • a child’s contact details (such as contact number, home address, email)
  • a child’s identifiable information (such as full name, date of birth, photos)
  • a child’s medical information
  • any other information relating to a child that could be considered sensitive or personal.

Examples of non-school-based, child-related roles:

• non-school-based teaching staff (NSBTS)
• employees with access to a child or children’s personal sensitive or medical information as a requirement of their role
• employees who may be required to be in contact with children as part of their role.

All employees in NSW public schools are automatically deemed to be in a child-related role.

The Executive Director, Employee Relations will consult with the relevant executive director or deputy secretary and recommend to the Secretary whether a public sector senior executive role is child related.

The director of the functional area determines whether a role is child related for Education support staff roles, excluding the roles described in other child-related groups.

Refer to the school Screening Catalogue (staff only) for specific screening requirements for child-related roles in schools.

All teachers, whether permanent, temporary or casual must:

• have a current Approval to teach – candidates apply to the Teacher Approvals team and are evaluated based on their qualifications and against the requirements listed below
• maintain accreditation as evidence of their proficiency.

Qualifications, accreditation and requirements

All teachers in NSW public schools must:

• have current NSW Education Standards Authority (NESA) accreditation and paid their membership
• demonstrate professional expertise consistent with the Australian Professional Standards for Teachers (refer to The Standards)
• hold a verified NSW WWCC clearance for paid employment
• be cleared at the correct screening level
• not be on the department’s Not to be Employed (NTBE) list.

Teachers must meet the following requirements:

• understand and be sensitive to the needs of Aboriginal students and students from non-English speaking backgrounds
• understand the educational needs of students from low socioeconomic status communities and schools in isolated rural locations
• understand the educational needs of high potential and gifted students (refer to High potential and gifted education policy)
• be aware of gender equity issues
• be able to integrate technology into effective classroom practice.

Refer to the Accreditation procedures for further information.

New Education support staff must have a Working with Children Check (NSW WWCC) clearance for paid employment.

For more information for new Education support staff, refer to the School Experience program.

Hiring managers must notify new Education support staff about employment conditions before they are engaged or hired. Candidates cannot begin work until all relevant checks have been completed, including a Nationally Coordinated Criminal History Check.

Employees may be subject to additional requirements based on their role, or qualify for certain exemptions, for example, if they are under 18 years.

Refer to the school Screening Catalogue (staff only) for further information.

School-engaged contractors, volunteers and visitors

Schools engage a wide range of contractors, volunteers and visitors, each with different screening requirements depending on their role and the nature of their work.

Schools must:

• ensure they have verified the identity of contractors against acceptable identity documents
• ensure contractors have been checked against the Not to be Employed (NTBE) list
• ensure all contractors hold a valid Working with Children Check (NSW WWCC) clearance before starting at the school
• ensure volunteers and visitors meet their specific screening requirements before being engaged
• meet Work health and safety (WHS) policy and all other prescriptive mandatory requirements where needed.

For guidance on screening requirements for school contractors, volunteers and visitors, refer to the school Screening Catalogue (staff only).

To determine the difference between a contractor and an employee, refer to Legal issues bulletin 49, Hiring a contractor or an employee.

School Infrastructure contractors

School Infrastructure contractors must be screened before they begin work at an operational school site.

School Infrastructure must ensure School Infrastructure contractors have:

• had their identity verified against acceptable identity documents
• been checked against the NTBE list
• a valid NSW WWCC clearance
• where required, completed a Nationally Coordinated Criminal History Check (NCCHC). The department must undertake a risk assessment for any disclosable outcomes.

School Infrastructure must keep records confirming that screening requirements have been met and make these available to the Probity unit on request.

School cleaners engaged under the Whole of Government Cleaning Services contract

Although school cleaners are managed by School Infrastructure, the Probity unit is responsible for managing the screening process for cleaners under this contract.

School cleaners are classified as child-related workers and must meet child-related screening requirements before beginning work at a school site. They must have:

• had their identity verified against acceptable identity documents
• been checked against the NTBE list
• a valid NSW WWCC clearance
• consented to and completed a NCCHC.

When a WWCC is not required

Contractors do not need a WWCC if they are working on a school site that is not yet operating as a school.

Trainees and apprentices under the age of 18 do not need a WWCC and they must consent to and have a completed NCCHC, with any disclosable outcome assessed by School Infrastructure and referred to the Probity unit for review. Work experience individuals under the age of 18 must be supervised at all times by a contractor who holds a WWCC.

Employees must apply for, maintain and renew their WWCC clearance. Employees must initiate the renewal process when their WWCC has less than 90 days validity remaining.

For further information about the application process, refer to How to apply for a WWCC clearance (staff only).

The Office of the Children’s Guardian provides an APP number to track WWCC applications. Applications may take 4 weeks or longer to process WWCC applications. The department cannot fast-track applications and will not accept an APP number in place of a NSW WWCC.

Employees under 18 years are not required to have a WWCC clearance, even if they work in a child-related role. However, they must complete the relevant sections in the Declaration for child-related for workers (PDF 473 KB) form and undergo screening and clearance before starting child-related work.

The candidate must give the department their WWCC clearance, and the department must verify it to ensure it is valid and current.

Principals must ensure all employees, contractors and volunteers engaged by the school meet the department's workforce screening and WWCC requirements.

A principal can delegate the process of checking, verifying and record keeping to an appropriate school administrator, for example, a school administrative manager or a business manager authorised to access eCPC.

The Probity unit will verify the WWCC clearance and process applications submitted for probity checks for all recruitment across the department.

The possible verification outcomes are:

The Office of the Children’s Guardian will send current WWCC holders a renewal reminder 90 days before their clearance expires. Renewal applications undergo the same screening process as new WWCC applications, which may take up to 4 weeks.

Department employees will also receive additional email notifications that their WWCC clearance will expire in 30 days. NESA will also advise teaching staff.

Employees are encouraged to apply when they receive the first renewal notice. Any child-related worker whose WWCC clearance expires cannot continue working until it is renewed and verified. If it is not renewed, the employee may face disciplinary action.

Refer to How to renew your WWCC clearance (staff only) for further information.

Any child-related employee whose WWCC clearance expires cannot continue working until their WWCC clearance is renewed and verified. They may face disciplinary action, such as:

• immediate suspension without pay until the employee has met all relevant requirements and is cleared to work by the Probity Unit
• a misconduct report to the Professional and Ethical Standards (PES) unit
• immediate termination of their contract
• dismissal.

Advertised positions must state that the appointment is subject to a satisfactory Nationally Coordinated Criminal History Check (NCCHC).

Before the interview, the hiring manager or principal must inform the candidate they will be required to complete a NCCHC if they are successful.

To apply for a NCCHC, the candidate must provide evidence of their complete legal name, date of birth and a photograph. If an individual has changed their name, they must provide supporting documents of the official name change to confirm their identity.

Candidates must comply with all requirements on the form.

Hiring managers must obtain the following completed forms:

• Nationally Coordinated Criminal History Check – Application and informed consent form (PDF 485 KB)
• WWCC declaration for either role:
  • child-related workers (PDF 220 KB)
  • non-child-related workers (PDF 230 KB).

The NCCHC application form contains detailed information about the types of identity documents required for each category.

Hiring managers must verify the candidate’s identity and obtain 3 acceptable identity documents:

• one commencement of identity document to confirm their birth in or arrival in Australia
• one primary use in the community document to show the use of their identity in the community
• one secondary use in the community documents.

Commencement documents:

• Australian birth certificate or authorised record of birth (not an extract or birth card)
• a current Australian passport
• an Australian citizen certificate
• an Australian Visa current at the time of entry to Australia as a resident or tourist (supported by a foreign passport that can be verified through Visa Entitlement Verification Online (VEVO) system from the Department of Home Affairs)
• an ImmiCard issued by the Department of Home Affairs that assists visa holders to provide evidence of their Commencement of Identity in Australia.

New Zealand citizens on a Special Category Visa, can request their VEVO details from the Department of Home Affairs via their website.

Primary documents:

• current Australian driver’s licence showing the person’s signature, photo and the same name as claimed
• current Australian passport
• current passport issued by a country other than Australia with a valid entry stamp or visa
• current proof of age or photo identity card issued by an Australian government agency in the person’s name with photo and signature
• a student identity document issued by an Australian secondary school, TAFE, university, registered training organisation or State Government agency acceptable only for persons aged under 18 years with no other primary use in community document.

Secondary documents:

• Medicare card
• enrolment with the Australian Electoral Commission
• security guard or crowd control photo licence
• evidence of right to a government benefit (Centrelink or Veterans Affairs)
• photo identity card issued by the Australian Government or a state or territory government
• bank card or credit card (with the cardholder's name and signature on the card and numeric details obscured)
• documents from foreign banks or institutions are not accepted
• certificate of identity issued by the Department of Foreign Affairs and Trade.

An exhaustive list of acceptable identity documents can be found on page 2 of the Nationally Coordinated Criminal History Check – Application and informed consent form (PDF 485 KB).

Change of name

If you have changed your name, you must provide a copy of one of the following in addition to your photo identity document(s):

• marriage certificate. For NSW, generally the department only accepts marriage certificates issued by the NSW Registry of Births, Deaths and Marriages. If a person was married in another state or country, a marriage certificate from a celebrant or church is acceptable. Commemorative certificates are not acceptable
• change of name certificate issued by an Australian Births Deaths and Marriage registry
• birth certificate issued by an Australian Births Deaths and Marriage registry showing the name at birth and the new name
• divorce document showing the change of name
• deed poll registered with the relevant authority. Since 1 April 1996, Births Deaths and Marriage registries, register all name changes in NSW. The NSW Land Titles Office no longer registers deed polls or instruments evidencing change of name.

The school, unit or hiring manager is responsible for the candidate's paperwork. Screening requests can be submitted via eCPC (staff only), PERS or the relevant department system.

After the NCCHC is submitted, the Probity unit will determine if the candidate has met the department's requirements. Depending on what records are identified, some applications might need further assessment or information before an outcome is decided.

If:

• no police records are identified and the check came back as cleared, the candidate will be considered to have met the NCCHC requirements, and the hiring process will proceed as usual
• some police records are identified, the Probity unit will review these records to see if further assessment or information is required. Identification of police records does not necessarily preclude an individual from working for the department, however, they may be asked to explain the circumstances surrounding the charges or convictions and provide evidence of any steps they have taken to address their past behaviour.

The Probity unit will update hiring managers of the candidate's NCCHC results through the relevant recruitment platform used. If eCPC is used for submitting the NCCHC, the approver will be informed of the result via an email notification.

Each case is assessed individually to ensure fairness while maintaining the safety and integrity of the department.

Storing personal information:

• Electronic files must be password protected.
• Manual information storage systems, such as filing cabinets, must be locked when unattended.
• Limit access to authorised staff only.
• Create secure back-ups of personal information electronically and store these securely – if possible ensure these are encrypted.

Credit/debit card details:

• To comply with the Payment Card Industry (PCI) data security standards, (refer to PCI Security Standards Overview), never write down or store customer credit/debit card data.
• Retain only the cardholder’s name and signature and obscure the numeric details.

Electronic files:

• Schools and business areas can scan and store an electronic copy instead of keeping hard-copy records.
• After checking the documents have been saved to a secure electronic file, use a shredder or locked disposal bin to securely dispose of the original documents.

• Digital declarations in eCPC (staff only)
• Electronic Casual Pay Claims eCPC (staff only)
• Perform a Not to be Employed check – QRG (staff only)
• Working With Children Check for all new Education support staff (staff only)
• How to apply for a WWCC clearance (staff only)
• How to renew your WWCC clearance (staff only)
• Visa Entitlement Verification Online (VEVO) – Check visa details and conditions
• Legal issues bulletin 49 – Hiring a contractor or an employee

The department’s processes for screening new and ongoing employees are subject to several legal and regulatory requirements:

• Government Sector Employment Act 2013 (NSW)
• Government Sector Employment (General) Rules 2014 (NSW)
• Government Sector Employment Regulation 2014 (NSW)
• Teaching Service Act 1980 (NSW)
• Teaching Accreditation Act 2004 (NSW)
• Teacher Accreditation Regulation 2023 (NSW)
• Education (School Administrative and Support Staff) Act 1987 (NSW)
• Privacy and Personal Information Protection Act 1998 (NSW)
• Child Protection (Working with Children) Act 2012 (NSW)
• Child Protection (Working with Children) Regulation 2013 (NSW)
• State Records Act 1998 (NSW)

The department’s screening practices are consistent with the principles in the Independent Commission Against Corruption's (ICAC's) Corruption prevention publications – Strengthening employment screening practices in the NSW Public Sector. For a copy of this publication as a PDF, go to the search bar and type in the title.

The department has the authority to enforce its Code of ethics and conduct procedures, which applies to all workers who are engaged by or provide services to the department. The code establishes an obligation for each employee to take responsibility for their conduct.

Probity Unit
Employee Relations, People Group
ProbityUnit@det.nsw.edu.au
1300 32 32 32