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Robust child safe recruitment, screening, induction and employment processes are critical to attracting and retaining suitable and skilled staff who understand and uphold their role in keeping children safe.

Approved providers and early childhood education and care (ECEC) services have obligations under the National Law and Regulations to ensure the staff they employ and engage have the appropriate skills, knowledge and continuous support to protect children from harm and abuse. This is an ongoing process that must start with recruitment and continue through onboarding, induction and beyond.

In addition to their obligations under the National Law and Regulations, all ECEC services, including outside school hours care services, are required to implement the Child Safe Standards under the .

The Child Safe Standards provide a framework for enhancing the safety of children in organisations and outline mandatory actions child-related organisations must take to keep children and young people safe. This includes requirements relating to child safe recruitment (Child Safe Standard 5) and providing continual child protection education and training (Child Safe Standard 7).

Staffing policy and procedures

Under regulation 168(2)(i), approved providers must ensure their include:

• a staff code of conduct
• arrangements for determining the responsible person present at the service
• processes for the participation of volunteers and students on practicum placements.

Under upcoming changes to the National Regulations in NSW, staffing policies and procedures must also include:

• child-safe recruitment practices, including a requirement for reasonable enquiries to be made about whether a prospective staff member at the service is subject to a suspension notice, supervision notice, prohibition notice or enforceable undertaking (regulation 168(2)(i)(ia))
• ongoing child-safe employment practices, including a requirement for reasonable enquires to be made about whether a staff member at the service is subject to a suspension notice, supervision notice, prohibition notice or enforceable undertaking (regulation 168(2)(i)(ib)).

It is important for staff to be made aware of and supported to understand and implement any policies, procedures and guidelines that guide practice at your service.

Child safe recruitment

Child safe recruitment begins long before an applicant is interviewed and includes the way roles are advertised and what information is requested. Clear and transparent advertising helps services attract applicants who value child safety, demonstrate child-safe behaviours and understand the role they play in creating and maintaining a child-safe environment. It also demonstrates to families and the community that child safety is a priority.

Approved providers and service leaders should include the following elements in their advertising when recruiting or engaging new staff:

• a clear statement about the service’s commitment to child safety and wellbeing
• child safe responsibilities relevant to the position
• relevant
• an overview of relevant pre-employment checks the service will conduct, including reference checks and verifying Working with Children Check (WWCC) requirements
• essential attributes and values
• expectations about ongoing child safety training.

Making reasonable enquiries to verify the suitability of staff

Approved providers and services are required to make reasonable enquiries to verify a person’s suitability before employment or engagement, and to continue monitoring it throughout their employment.

Reasonable enquiries involve taking proactive and thorough steps to confirm that any person engaged to work or volunteer in an ECEC service is suitable to work with children, committed to the rights, wellbeing and protection of children in their care, and is not subject to any restrictions or prohibitions.

This must include rigorous screening checks, such as background and reference checks, to confirm that the person is:

• suitable to work with children
• committed to the rights, wellbeing and protection of children in their care
• not subject to any restrictions or prohibitions including
  • suspension notices
  • supervision notices
  • prohibition notices
  • enforceable undertakings
  • negative notices.

Penalties apply under where false or misleading information is provided to an approved provider, service or recruitment agency in relation to a relevant notice. This includes suspension notices, supervision notices and prohibition notices.

Working with Children Checks

Employers have legal obligations around working with children. It is against the law to engage anyone who is 18 years or above in child-related work without a current Working with Children Check (WWCC) clearance, unless they are exempt from requiring one under the .

A WWCC is an assessment of a person’s ability to work safely with children based on any known incidents that indicate the person poses a risk of harm to children. It involves a (criminal history record check) and a review of any findings of misconduct under the .

Negative notices and notification requirements

A negative notice, in relation to an educator or staff member of an ECEC service, means any of the following:

• becoming a disqualified person under the Child Protection (Working with Children) Act 2012
• notice that the person is subject to an interim bar under the Child Protection (Working with Children) Act 2012
• notice of a refusal of an application for a working with children check clearance under the Child Protection (Working with Children) Act 2012
• notice of a cancellation of a working with children check clearance under the Child Protection (Working with Children) Act 2012
• a mutual recognition negative notice within the meaning of the Child Protection (Working with Children) Act 2012, section 25A (i.e. a negative notice in relation to a working with children check in another jurisdiction).

WWCC requirements for family day care services

For family day care (FDC) services, the approved provider must also ensure FDC assistants and all people aged 18 years or over who reside at an FDC residence () have a current and verified WWCC clearance. Keep accurate records to ensure you continue to meet your obligations.

Staff, volunteers or students under the age of 18

Individuals under 18 years old are exempt from holding a WWCC. This means there is no restriction on engaging a staff member, volunteer or student who is under 18 years old in a service.

Under the ÌÇÐÄvlog¹ÙÍø and Care Services National Regulations, educators under the age of 18 must not work alone at a service and must be adequately supervised by an educator over the age of 18 at all times (). Persons in day-to-day charge, nominated supervisors and family day care educators and assistants must be at least 18 years old (, and ).

Additional child safe strategies to consider if engaging someone under 18 might include:

• providing clear expectations about staff interactions with children
• review of onboarding and induction processes, and providing additional training and guidance for new staff as required
• organisations should undertake a police check if needed (a guardian is required to sign on behalf of the person under 18).

Prohibition notices

Employers are responsible for verifying their staff do not hold a prohibition notice issued within NSW or any other states and territories. It is an offence to engage a person affected by a prohibition notice ().  

Prohibition notices issued from other states and territories still apply in NSW.

Checking prohibition notices on National Quality Agenda IT System (NQA ITS)

Providers must check the during the recruitment process for any prohibition notices issued to an individual.

Providers can request information about specified prohibited persons and suspended FDC educators by selecting the ‘Register Search’ button in the portal and searching the individual’s name.

Providers are encouraged to keep a record of any checks they conduct as proof of the steps taken to verify the safety and suitability of new staff.

Prohibition notice declaration forms

´¡°ä·¡°ä²Ï´¡â€™s should be completed by prospective staff before employment, for example, during the application, interview or onboarding stages before working directly with children. This form can be used by prospective staff to declare they do not have any prohibition notices that would prevent them from working with children.

All prospective educators should complete the . This form can be used for all prospective employees regardless of position and should be completed before commencing employment and working directly with children, for example, during the application, interview or onboarding stages. Providers should ask staff to disclose any enforcement actions, including enforceable undertakings that are issued to them in this form.

For guidance on enforceable undertaking and prohibition notices, visit .

Child safe onboarding and induction

Setting clear expectations for staff about their role and responsibilities begins well before their first day. By embedding child safe principles into their onboarding and induction program, services can reinforce their commitment to children’s safety and wellbeing and establish clear expectations for new staff on acceptable and unacceptable behaviours.

It also equips staff with the knowledge and tools they need to perform their child safety duties capably, confidently and in compliance with all operational and legislative requirements.

The onboarding and induction process also provides service leaders with an opportunity to observe whether new staff uphold and prioritise the same child safe values as the service. This can help service leaders to further evaluate the suitability of new staff and additional training or support they might need before they start working with children.

Read practical guidance on embedding child safety into onboarding and induction.

Child protection training

Child protection training supports all staff working in ECEC settings to understand their duty of care requirements and other obligations under child protection laws, and build their capabilities to identify, mitigate and respond to risks of harm and abuse to children.

Read the NSW Early Learning Commission's guidance on Child protection training requirements for more information, including a list of approved courses, considerations for approved providers and related links.

Awareness of child protection law

Approved providers are responsible for ensuring that the nominated supervisor, staff members, volunteers and students at their service maintain up-to-date knowledge of child protection law and their obligations under these laws ().

Refer to Ongoing requirement to maintain awareness of child protection responsibilities for more details.

Ongoing child safe employment practices

Child safe employment is an ongoing commitment. Ensuring staff remain suitable to work with children involves continuous monitoring, support and training. This includes:

• providing ongoing training and opportunities for professional learning
• conducting regular performance reviews and check-ins
• monitoring staff members’ suitability, including the currency and validity of their WWCC clearance
• maintaining and updating staff records to ensure they include any notices or changes that affect their suitability to work with children, including negative notices
• creating a culture of transparency where staff feel safe to speak up about concerns
• responding promptly to concerns about staff conduct
• supporting staff wellbeing.

These practices help ensure staff remain suitable, supported and capable of fulfilling their responsibilities throughout their employment and contribute to a strong sustained child safe culture.

Further resources and professional learning

• Access the Implementing the Child Safe Standards resources for practical guidance on embedding the Standards into your service culture, policies and practices. Developed by the OCG, the resource suite includes e-learning modules, videos and podcast episodes.
• Complete the to identify ways to strengthen your service’s child safe culture and practices.
• Read our articles on
  • Leading a child safe service
  • Child safe governance and leadership in practice
  • Practice example – child-focused onboarding and induction.
• Download Implementing the Child Safe Standards: A guide for early childhood education and outside school hours care services for best practice guidance and strategies to support children’s safety.