See Working with Children Checks prohibition, suspension or interim negative notice - procedure for tasks that must be undertaken.
From 1 May 2017, kinship care is considered to be ‘child-related work’ under the Working with Children Act 2005. All primary kinship carers, including respite kinship carers, where child protection has approved the person to care for a specific child(ren), must hold a Working with Children Check.
A prohibition, suspension or interim negative notice, may be issued by the Department of Justice and Regulation when the preliminary assessment or review of a person’s criminal record or professional conduct report indicates, further assessment is required, or the person may not pass the Working with Children Check or when a carer is charged with a new offence or professional misconduct.
A child(ren) cannot remain in the care of a kinship carer who does not hold a Working with Children Check or who has been issued with a prohibition, suspension or interim negative notice.
A kinship carer who is issued with a prohibition, suspension or interim negative notice cannot continue to provide care for the child/ren whilst the Department of Justice and Regulation make a determination on the offence or professional misconduct. An assessment of an interim negative notice by the Department of Justice and Regulation may take up to eight weeks.
As soon as child protection is advised that a prohibition, suspension or interim negative notice will be issued to a kinship carer, a case plan review must be undertaken immediately and action must occur within 24 hours.
The only two actions that can be considered in this circumstance are:
a. remove the child from the placement
b. carer removes themselves from the placement.
Based on an assessment of the child’s best interest, where possible option b. should be considered where there are two primary carers in the house in order to avoid disruption to the child.
During the prohibition, suspension or interim negative notice assessment period, the carer can have supervised contact with the child.