(1) The primary object
of this Act is to minimise the risk to children posed by persons who work with
them.
(2) In order to
further the primary object, it is a further object of this Act to provide a
framework for the prohibition of persons who pose an unacceptable risk to
children from working with them.
(3) The paramount
consideration in respect of the administration, operation and enforcement of
this Act must always be the best interests of children, having regard to their
safety and protection.
(4) The following
principles must be taken into account in connection with the administration,
operation and enforcement of this Act:
(a) a
working with children check relating to a person is conducted by the
central assessment unit to determine (based on an assessment of information
available to the central assessment unit)—
(i)
whether the person poses an unacceptable risk to
children; and
(ii)
whether the person should be prohibited from working with
children;
(b)
persons who pose an unacceptable risk to children are to be prevented from
working with children;
(c) a
working with children check is not a determination of a person's suitability
to work with children and cannot be relied on as such, and in
particular—
(i)
a working with children check that does not result in a
person being prohibited from working with children is not proof of good
character; and
(ii)
a working with children check that does not result in a
person being prohibited from working with children is not proof that the
person does not pose a risk to children;
(d) a
working with children check is an assessment of 1 person's prior conduct, and
the fact that working with children checks are conducted in relation to
employees does not, of itself, satisfy an employer's obligation to ensure that
a workplace is safe for children;
(e)
organisations and employers must have in place comprehensive strategies to
ensure child safe environments.