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1.0    Purpose and Scope

1.1    Purpose

The University of Queensland (UQ) is committed to the safety, wellbeing, and protection of children from harm. This policy outlines UQ’s approach to working with children and should be read in conjunction with UQs wider strategies that support staff, students, and volunteers engaged in work with children. The purpose of this policy is to:

  1. maintain a safe environment within UQ for Working With Children (WWC);

  2. support a child safe culture within UQ that is aligned with the National Principles for Child Safe Organisations, and UQ’s strategies that support inclusivity, and the health, safety and wellbeing of all members of the UQ Community;

  3. ensure UQ maintains a framework for supporting and enhancing capacity to meet compliance obligations and stakeholder needs through respectful, supportive and collaborative engagement with children;

  4. ensure UQ has reasonable safeguards in place for children and members of the UQ Community to the extent that it may be reasonable to do so; and

  5. maintain oversight of UQ regulated activities and support WWC through an integrated risk management approach.

1.2    Scope

This policy applies to UQ and its controlled entities, including all members of the UQ Community involved in regulated activities that involve WWC under the control of UQ that may be regulated by the Working with Children (Risk Management and Screening) Act 2000 (Qld); and associated regulations.

This policy should be read in conjunction with related UQ policies under the UQ policy framework (refer to section 6.2 of this policy).

This policy should be applied with regard to the Commonwealth and State legislation and statutes for WWC (refer to section 6.3 of this policy).

1.2.1    Regulated Business

UQ has risk management strategies for regulated business and ensures screening of people employed, or undertaking particular business with regard to work with children under UQ’s responsibility. This includes engagement of staff, students and volunteers in regulated business.

UQ manages activities related to non-compulsory learning and teaching activities, and research initiatives involving children and young people that may be considered regulated business and/or regulated employment (‘regulated activities’) under the Working with Children (Risk Management and Screening) Act 2000 (Qld). These activities may include, but are not limited to:

  • Health services (e.g. Therapy clinics and health programs);

  • Support services (e.g. Counselling services);

  • Support and welfare services to under 18 international students;

  • Provision of accommodation services to students who are children;

  • Private teaching, coaching or tutoring activities outside of core teaching and learning activities (e.g. Student placement within UQ);

  • Funded disability services provided by UQ;

  • Student Placement activities controlled by UQ;

  • Religious services (e.g. UQ Multi-faith centre activities); and

  • Events and activities involving children and young people that are considered high risk.

As a registered higher education institution under the Tertiary Education Quality and Standards Agency Act 2011 (Cth) UQ’s core learning and teaching activity falls under exemption provisions with regard to Working with Children (Risk Management and Screening) Act 2000 (Qld) and these core activities are not considered regulated business.  

Any members of Senate and the UQ Community that are engaged in activities which may be regulated under the Working with Children (Risk Management and Screening) Act 2000 (Qld) are required to maintain a current Positive Notice (Blue Card) or approved exemption.

1.2.2    Other Activity Working With Children

There are other activities (including commonwealth funded projects) that UQ manages and supports that require particular regard to the engagement with children and young people. This may include, but is not limited to, activities, programs, and research for:

  • Workplace, diversity, and inclusion activities;

  • Younger overseas student support (as outlined in provisions under the National Code of Practice for Providers of Education and Training to Overseas Students 2018); 

  • Student placement(s) and Work Integrated Learning opportunities undertaken in partnership with other institutions/providers;

  • Commonwealth funded research activities and projects (e.g. ARC/NIAA/NHMRC funded activities that involve WWC);

  • Australian Government aid programs (including DFAT partner programs);

  • Outreach events and activities; and

  • Special events and recreational activities, including those offered through a controlled entity.

1.2.3    Students and Student Placements

UQ seeks to enrich student learning experiences through a range of student placement arrangements that enable students to practice the skills of the profession in a real-life and safe setting. Where these types of opportunities involve students engaged in regulated activities working with children in Queensland, they may need a Blue Card.

There are stipulated study pathways at UQ that may require students to hold a Blue Card for the duration of their studies. This requirement will normally be outlined in the program requirements. Students that are enrolled in a UQ course which includes a practical placement that involves WWC may need a Blue Card.  

See the Work Integrated Learning and Work Experience Policy and Procedures for further information in relation to student placement requirements.

1.2.4    Yellow Card

Activities may also involve work with children with disability which may include programs funded through the National Disability Insurance Scheme (NDIS), Queensland (State) based disability funding, or other disability service providers.  These activities may require criminal history screening prescribed notice (i.e. Yellow card or exemption) in addition to a Blue Card.

2.0    Principles and Key Requirements

2.1    Principles for Safeguarding Children

The following principles underpin UQ’s approach to WWC:

  1. UQ has zero tolerance for child abuse.

  2. UQ recognises the rights of the child and acts in their best interests to protect them.

  3. UQ has regard to the National Principles for Child Safe Organisations founded on:

    1. respect for the individual, ensuring they feel welcome, listened to, and included;

    2. providing accessible information about both physical and online safety, health and wellbeing, with signposting to avenues for support;

    3. providing opportunities for children to have a voice and be involved in the review and enhancement of UQ provisions involving children;

    4. listening and being responsive to individual concerns and needs to achieve their goals;

    5. establishing an environment of mutual trust where the individual feels safe and supported; and

    6. providing a safe environment with safeguards to protect children from harm.

2.2    Key Requirements for Working With Children

UQ will take reasonable steps to meet its obligations by:

  1. Supporting a culture that values the rights and safety of children under the UQ Governance and Management Framework;

  2. Implementing UQ policy and procedures that support WWC, including procedures for recruitment and/or selection of staff, students, and volunteers;

  3. Maintaining and communicating strategies for WWC;

  4. Undertaking risk assessments (normally on an annual basis) of UQ regulated activities that involve WWC, and maintain risk management plans for high risk activities and special events;  

  5. Conducting systematic review of UQ strategies and controls for managing risks associated with WWC;

  6. Ensuring there are multiple channels for children and members of the UQ community to raise concerns or make disclosures of harm; 

  7. Maintaining a supportive process for handling and processing complaints, disclosures, and suspicion of harm;

  8. Maintaining a process that ensures effective management and oversight of screening and linking current positive notice (blue card) status and new Blue Card applications for members of the UQ Community involved in regulated activities across UQ; and

  9. Maintaining a training framework to create awareness and support the training needs of members of the UQ Community for WWC.

3.0    Roles, Responsibilities and Accountabilities

3.1    Vice-Chancellor and President

The Vice-Chancellor is the University's Chief Executive Officer and responsible to the Senate for the overall direction of strategic planning and matters in relation to working with children.  

3.2    The UQ Institutional Champion

The Deputy Provost is nominated as the UQ champion for WWC to support the enhancement of an institutional wide culture that values, respects, and protects the rights of children.

3.3    Chief Human Resources Officer

The Chief Human Resources Officer is responsible for the oversight of UQ's compliance obligations for WWC that involves staff.  This will be achieved by:

  • Implementing and communicating the requirements of this policy and associated procedures for staff;

  • Oversight, and monitoring of Organisation Portal Accounts, and UQ systems/registers of current notices (positives notices / negative notices / criminal history checks) and related approvals for staff involved in WWC and/or regulated activities;

  • Management and Administration of central Organisation Portal Accounts for senior staff, and associated UQ registers, in liaison with central entities; and

  • Developing staff training and awareness-raising material for staff who work with children.

3.4    Director, Academic Services Division and Director, Student Affairs Division

The Director, Academic Services Division, and the Director, Student Affairs Division are responsible for oversight of UQ’s compliance obligations for WWC that involves students and relevant volunteers. This will be achieved by:

  • Implementing and communicating the requirements of this policy and associated procedures for students and relevant volunteers within their portfolio;

  • Oversight, and monitoring of Organisation Portal Accounts, and UQ systems/registers of current notices (positives notices / negative notices / criminal history checks) and related approvals for people involved in WWC and/or regulated activities;

  • Management and Administration of relevant central Organisation Portal Accounts and associated UQ registers, in liaison with central entities; and

  • Developing training and awareness-raising material for people that work or undertake placements involving work with children.

3.5    Organisational Units and Controlled Entities

The head of each UQ organisational entity (including Faculties, Schools, Institutes, Centres, and Divisions), and UQ controlled entity conducting regulated employment and activities involving WWC are responsible for:

  • Oversight of business activities involving WWC and identify compliance obligations and responsibilities with regard to those activities, including regulated activities and any restrictions or exemptions that may need to be considered;

  • Persons undertaking WWC are informed, in writing, of their regulatory obligations before undertaking WWC;

  • Oversight and compliance with the WWC policy and procedures for relevant staff, students, and volunteers;

  • Ensuring the No Card No Start policy is strictly enforced for all regulated activities involving WWC;

  • Management and Administration of Organisation Portal Accounts under their remit, and associated UQ registers, and liaison with, and reporting to central divisions;

  • Undertaking risk assessments (at least annually) of regulated activities involving WWC, ensuring current notices (positives notices / negative notices / criminal history checks) and related approvals are obtained for staff, students, and volunteers involved in WWC and/or regulated activities; and

  • Implementing systems to ensure staff, all volunteers and students engaged in working with children are aware of this policy and have completed the necessary training and support.

3.6    Members of the UQ Community and Controlled Entities

Before engaging in activities with children and regulated activities or employment with children, members of the UQ Community and controlled entities are responsible for ensuring that they:

  • Assess activities and events involving WWC and identify compliance obligations and responsibilities with regard to regulated activities and any restrictions or exemptions that may need to be considered;

  • Hold a current Blue Card (positive notice or valid exemption) that is linked to the relevant UQ entity, in line with the No Card No Start Policy in Queensland;

  • Are not a Restricted Person undertaking Restricted Employment;

  • Have received the prerequisite management approval to undertake the activity or project, and an appropriate risk management plan has been established to safeguard the needs of children; and

  • Read relevant policy and procedures, and undertaken any relevant training as directed.

4.0   Monitoring, Review and Assurance

  • The Chief Human Resources Officer is responsible for monitoring, reviewing, and providing assurance on the effectiveness of this policy for staff.

  • The Director Academic Services Division and Director Student Affairs are responsible for monitoring, reviewing, and providing assurance on the effectiveness of this policy for students and relevant volunteers.

  • Members of the University Senior Leadership Group (USLG) are responsible for monitoring, reviewing, and providing assurance on portfolio performance, the effectiveness of controls and demonstrate compliance with this policy.

5.0    Recording and Reporting

The Chief Human Resources Officer (Human Resources and Workplace Relations); Director (Academic Services Division); and Director (Student Affairs Division) will report annually to the Institutional Champion, and the Vice-Chancellor’s Risk and Compliance Committee on the effectiveness of this policy.

6.0    Appendix

6.1    Definitions, Terms, and Acronyms

Blue Card – The Blue Card is evidence that a positive notice has been issued to the cardholder following criminal history screening to determine their eligibility to work with children.

Child – Being a person under the age of 18.

Controlled entity – A controlled entity under the Controlled Entities Policy.

Disclosure of Harm – A disclosure of harm occurs when someone, including a child, tells someone about harm that has happened, is happening, or is likely to happen.

Harm – Any detrimental effect of a significant nature on a person’s physical, psychological or emotional wellbeing. Harm can be caused by physical, psychological, or emotional abuse; economic hardship, neglect, or sexual abuse or exploitation.

Negative Notice – A letter issued to a person who application is refused, prohibiting them from carrying on a business or working with children.

Positive Notice – A letter issued to a person whose application is approved and issued with a Blue Card or Yellow Card.

Regulated Activity – Is a reference to activities undertaken by staff, students, or volunteers that are classified as regulated business or regulated employment under the Working with Children (Risk Management and Screening) Act 2000 (Qld) and Working with Children (Risk Management and Screening) Regulation 2020.

Restricted Employment - Restricted employment refers to the situations or exemptions that allow a person to work with children without a blue card, such as if they are:

  • a volunteer parent;

  • a volunteer who is under 18;

  • paid or unpaid staff who work in regulated child-related employment for not more than 7 days in a calendar year; or

  • a consumer at a child-related service outlet where they also carry out work at the outlet.

Restricted Person - A restricted person is a person who either:

  • has been issued a negative notice;

  • has a suspended Blue Card;

  • is a disqualified person; or

  • has been charged with a disqualifying offence that has not been finalised.

Staff - Continuing, fixed-term, research (contingent funding) and casual staff members.

Suspicion of Harm – A suspicion of harm is when someone has a reasonable suspicion that a child has suffered, is suffering, or is at an unacceptable risk of suffering, significant harm.

UQ Community - Current UQ students, staff (whether or not those staff are covered by the Enterprise Agreement), volunteers, affiliates, associates and anyone else contractually bound to comply with the policy.

Volunteers/volunteering - People who donate their services in a voluntary capacity to UQ without expectation of remuneration. Volunteers may include those undertaking work on fundraising and community-oriented projects, tertiary students wishing to gain exposure to particular UQ functions, among others. Volunteering is time willingly given for the common good and without financial gain.

WWC – Working with Children, refers to activity that involves work/working with children and young people, being people under the age of 18.

Yellow Card – The Yellow Card is evidence that a positive notice has been issued to that person following criminal history screening to determine their eligibility to work with people with a disability.

6.2    Related Policy Areas

This policy should be read in conjunction with the UQ:

  • 1.50 Ethical Conduct in the Workplace policies

  • 1.60 Administrative Accountability policies

  • 1.70 Equity and Diversity policies

  • 1.80 Risk, Compliance and Internal Audit policies

  • 2.10.03 Health, Safety and Wellness Policy

  • 3.10.04 Work Integrated Learning and Work Experience Policy and Procedures

  • 3.50.08 Alternative Academic Arrangements for Students with a Disability Policy

  • 3.50.09 Arrangements for Reasonable Adjustments in Examinations for Students with a Disability Policy

  • 3.60 Student Rights and Responsibilities Policies

  • 4.10.01 Administration of Research Funding: Applications, Grants and Contract Research Policy

  • 4.20.01 Responsible Conduct of Research Policy

  • 4.20.07 Human Research Ethics – Procedure

  • 5.30 Pre-Employment and Orientation Policies

  • 5.70 Performance Management and Grievance Procedures Policies

  • 6.20 Acceptable Use of ICT Resources Policies

6.3    Key Legislation and Standards

  • Legislation in Queensland;

    • Child Protection Act 1999 (Qld)

    • Working with Children (Risk Management and Screening) Act 2000 (Qld)

    • Working with Children (Risk Management and Screening) Regulation 2011 (Qld)

    • Civil Liability Act 2003 (Qld)

    • Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020 (Cth)

    • Disability Services Act 2006 (Qld)

    • Work Health and Safety Act 2011 (Qld)

    • Human Rights Act 2019 (Qld)

    • Education (Work Experience) Act 1996 (Qld)

Custodians
Academic Registrar
Chief Human Resources Officer
Director, Student Affairs Mr Andrew Lee