Direct Unsupervised Contact
Note that there are three general categories of direct unsupervised contact with students:
- no possibility
- possible
- very likely
No possibility of contact
If no possibility of direct, unsupervised contact with students exists, no forms need to be completed as the external service provider doesn’t come within the Commission for Children and Young People Act 1998.
In practice ‘no possibility’ could occur if:
- the work site is cordoned off from the remainder of the school campus and external service provider and his/her employees do not use facilities such as toilets and canteen under any circumstances, or
- arrangements have been made to schedule the work for a time when no students are present on the school site, or
- the school provides ongoing supervision of external service provider or his/her employees.
Example – construction zoneWhere the construction work area is excluded from potential contact with children by a separate ‘construction zone’ with dedicated ablution / toilet facilities there is no need for the school to obtain any declarations or validation of compliance with child protection legislation. It would be prudent for the principal to advise the service provider that his or her employees are not to attend any area of the school unsupervised and a diary note kept to that effect. |
Example – meeting with site managerIf the site manager in the above example wishes to discuss the project with the principal, the situation is similar to that of a parent who is merely attending the school to discuss some matter and therefore is not required to complete any forms. |
Possibility of contact
If direct, unsupervised contact with students is possible then external service providers and their employees should in the first instance report to the school office and comply with the school visitors protocol (
R11).
Principals should then do one of the following, whichever is appropriate:
- using the Child Protection Compliance form for ESPs, provide written confirmation that the external service provider has complied with the requirements under Part 7 Commission for Children and Young People Act 1998 and Child Protection (Prohibited Employment) Act 1998. This form should be stored securely and confidentially at the school.
- request the external service provider to complete a Volunteer/Student Declaration which is retained at the school. (Please read the ESPs + Volunteers Advice before completing the declaration).
Example – tradespersonWhen a tradesperson is working unsupervised and may possibly have contact with students the principal should request that person to complete a Volunteer/Student Declaration. This form should be stored at the school. |
Example – volunteer organisationWhen a volunteer organisation such as a sporting club is using school facilities outside school hours the head of the organisation is required to verify compliance with NSW child protection legislation the Child Protection Compliance form for ESPs (which is subsequently stored at the school). If the service provider is likely to engage with a number of our systemic schools it may be advantageous for them to be included on the centralised CEO database. If so, appropriate forms can be obtained from the CPO. |
Very likely contact
If direct, unsupervised contact with students is very likely (e.g. tutor or coach) then external service providers and their employees should in the first instance report to the school office and comply with the school visitors protocol.
Principals should then do one of the following, whichever is appropriate:
Note: If the service provider is likely to engage with a number of our systemic schools it may be advantageous for them to be included on the centralised CEO database. If so, appropriate forms can be obtained from the CPO.
Example – tutor/coachWhen a tutor or coach is engaged to deliver specialist services to students (usually on school premises) principals should use the same procedure as for engaging casual staff, i.e. the working with children check. These forms are forwarded to the child protection officer for processing. If the person is employed by a larger organisation compliance with the legislation can be verified by using the Child Protection Compliance form for ESPs. If the service provider is likely to engage with a number of our systemic schools it may be advantageous for them to be included on the centralised CEO database. If so, appropriate forms can be obtained from the CPO. |