Vulnerable Children Act 2014 – ECE sector requirements

These are requirements underA better future for vulnerable children is at the heart of both the Children’s Action Plan and the Vulnerable Children Act 2014 (VCA). They are also required under our licensing and certification criteria.Act, which together make sweeping changes to how we protect children.

As well as applying to early learning services,The information here is for all organisations working in the VCA requirementsECE sector. This includes licensed ECE services, kōhanga reo and certificated playgroups. It also apply toincludes any organisation we fundthe Ministry of Education contracts or funds to provide services to children.

Child Protection PolicyKey requirements and timeframes

There are two key requirements for ECE sector organisations under the Vulnerable Children Act. All early learning services must have a child protection policy in place now. The policyECE sector organisations must:

• contain provisions on the identification and reporting of child neglect and abuse, and
• be written, and
• be reviewed every 3three years.

The Act requires a child protection policy licensing criteria and guidance provide detailed information on how to meet this requirement:be put in place 'as soon as practicable'.

There are guidelines available to help with the development of a child protection policy. The guidelines Safer organisations, Safer children [PDF; 1.06MB] also provideinclude a review tool to help you identify gaps in current policies, information about child protectionwhat to include in a new policy, and example policies.

Safety checking and workforce restriction

All children’s workersNew safety checking requirements are being phased in from 1 July 2015. The new requirements include

• a standard safety check, and
• a workforce restriction.

Regulations

New Regulations under the Act set out the minimum standards for safety checking. They include requirements for:

• verification of identity
• an interview
• information about work history
• referee information
• information from any relevant professional organisation or registration body
• a police vet
• a risk assessment.

When you need to start safety checking

The safety checking requirements are being phased in over the next few years. The first phase started from 1 July 2015.

From 1 July 2015, new core workers must be safety checked prior to employment commencing. From 1 July 2016, new non-core workers must be safety checked.

Other key dates are:

Who needs to be safety checked

The Vulnerable Children Act specifies who needs to be safety checked. You can read this in section 23 of the Vulnerable Children Act .

All paid children’s workers must be safety checked. Those whose work is unpaid as part of an educational or vocational training course must also be safety checked. This includes students on practicum.

ECE sector organisations must be safety checkedcheck all people they employ or engage as a children’s worker according to the standards set out in the VCA and safety checking regulations.timeframes specified above. This includes contractors. The date from which safety checking must commence depends on whether the person is a workforce restriction –'core worker' or a 'non-core worker'.

For ECE services and kōhanga reo, all staff who have access to children would be considered a 'core worker', as there will be times during the day when their duties require them to have 'primary responsibility for, or authority over', children. For example, in an ECE centre a teacher would be considered a 'core worker'; in a home-based service an educator would be considered a core-worker.

The employing organisation needs to determine whether a children’s worker is a core or non-core worker. Information to help employers identify whether a worker is a core or non-core worker is provided on pages 9-10 of the Children’s Worker Safety Checking under the Vulnerable Children Act 2014 guidelines .

A 'non-core worker' would include staff whose main duties do not require them to have 'primary responsibility for, or authority over', children, but whose work may include having access to children. For example, non-teaching staff such as administrative or kitchen staff.

Workforce restriction

As part of the safety checking process, anyone convicted of a specified offence cannot be employed or engaged as a core children’s worker, unless they have an exemption.

The safety checking requirements areworkforce restriction is being phased in:

• From 1 July 2015, all new core children’s workers must be safety checked.
• From 1 July 2016, all new non-core children’s workers must be safety checked.
• By 1 July 2018, all existing core children’s workers must be safety checked.
• By 1 July 2019, all existing non-core children’s workers must be safety checked.

in. The safety checking licensing criteria and guidance provide detailed information on how to meet these requirements:

• GMA7A for centre-based services
• GMA6A for home-based services
• GMA7A for hospital-based services
• MA6 for playgroups

first phase starts from 1 July 2015. The guidelines Safer recruitment, Safer children [PDF; 3.13MB] provide information about choosing safe people to work with children.key dates are: