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  1. Programme • Welcome • Background and Overview of the YP Policy • Responsibilities of Club YPO’s • Blue Card Issues (requirements, applications, renewals, database register, privacy and sensitivity issues) • The certification procedure - YEP • What to do if there is a problem • Review of forms required for each type of youth activity • The consequences if the policy is not followed – liability and insurance issues • Overview of risk management principles • Case studies – what would you do in the following circumstances…. Rotary International District 9630

  2. Background and Overview of the Youth Protection Policy

  3. We have our own Policy • Adopted at the May 2005 District Assembly • Our policy has been acknowledged by the Queensland Commission for Children and Young People and Child Guardian (The Commission) as being one of the best they have seen and is being used as an example for others. • The policy is an evolving document. Rotary International District 9630

  4. Objectives of the YPP • To protect Youth involved in Rotary activities by reducing risk of harm; • To ensure Rotary programmes focused on youth can continue without high risk; and • To respect the privacy of Rotarians. Rotary International District 9630

  5. District Youth Protection Committee • Chairman • DG • IPDG • DGE • DGN • Experts as required Rotary International District 9630

  6. District Youth Protection Committee • To oversee the Youth Protection Policy • To assist clubs to establish and maintain a simple Youth Protection programme that complies with the Act and our District policy. • Review the Risk Management Plans of New Generations District Committees such as YEP, Interact, RYLA and RYPEN as they are developed and rolled out. • Review the YPP Rotary International District 9630

  7. At the Club Level • Appoint a Club Youth Protection Officer • responsible for developing and managing a Youth Risk Management Plan for the club. • Manage the Blue Card register of club members. • Both are requirements under the Act Rotary International District 9630

  8. At Club Level • Appoint a Youth Protection Officer • Manage the Certification of Club Counselor and Host Parents • Manage the documents • Requirements of RI & YEP Rotary International District 9630

  9. Responsibilities of Club YPO’s

  10. Responsibilities of Club YPO’s • Undertake an independent audit of the Club’s youth related activities to ensure policy and procedures are followed • Maintain the Blue Card Register • Maintain register of Suitability Checks for “high risk” volunteers • Manage the certification of volunteers involved in the YEP Rotary International District 9630

  11. Privacy & Sensitivity • At all times privacy and sensitivity must be considered when dealing with • Information gathered • Volunteers who do have a blue card, or have a negative notice Rotary International District 9630

  12. The Act • There is a some public criticism about the Act - principally focused on the “Blue Card issue”. • This is in some ways a distraction from the main game. It seems that everybody has an example of how stupid the system is (and everybody seems to be an authority on the matter). • As a result, constructive discussion is usually hampered and the message lost or at best diluted. Rotary International District 9630

  13. The Act requires • The Blue Card is only required by Rotarians who are participating in an activity that is primarily focused on youth. • All members must hold valid cards before participating in such an activity. (If an exchange student attends a Rotary meeting all members are NOT required to have a Blue Card). Rotary International District 9630

  14. The Act requires • The Act requires that a Club Youth Risk Management Plan be prepared and reviewed annually. Rotary International District 9630

  15. The Blue Card Rotary International District 9630

  16. Definitions • Requirements • Applications & Renewals • Database Register • Confidentiality Management of Blue Card

  17. What is a blue card? • A blue card is issued by the Commission for Children and Young People and Child Guardian. • The Commission conducts the Working with Children Check to determine whether a person is eligible for a blue card. • If a person is considered eligible when they are issued with a positive notice letter and a blue card. Rotary International District 9630

  18. Working with Children Check This is a detailed national check of a person’s criminal history, including any charges or convictions. Also considered is: • disciplinary information held by certain professional organisations (teachers, child care service providers, foster carers, nurses, midwives and certain health practitioners) • police investigation information (into allegations of serious child-related sexual offences, even if no charges were laid because the child was unwilling or unable to proceed). Rotary International District 9630

  19. What is “Employment”? Employment is defined as • an agreement to work, regardless of whether the agreement is written or unwritten, whether the work is regular or irregular, the duration of the work, the motivation for the work, or whether the work is carried out voluntarily or for financial reward. Rotary International District 9630

  20. What is a Volunteer? A “volunteer” includes a person who • is not paid for carrying out their work, or • is only reimbursed for out-of-pocket expenses. Rotary International District 9630

  21. What is a Prescribed Notice? • If an application for a blue card is approved, a person is issued with a positive notice letter and blue card. • If an application for a blue card is rejected, a person is issued with a negative notice letter which prohibits them from working in employment or carrying on a business regulated by the Commission for Children and Young People and Child Guardian Act 2000 (Qld) (the Act). Rotary International District 9630

  22. When do volunteers need a blue card? Volunteers (unless exempt) need a blue card before they start volunteering in any area of employment regulated by the Act, regardless of how often they come into contact with children and young people. • Note: the minimum threshold test does not apply to volunteers Rotary International District 9630

  23. Whose responsibility is it to ensure people hold a blue card? • The Rotary Club applies for a blue card on behalf of the member or volunteer. • The Club YPO is required to sight the proof of identification documents of an applicant and to sign on behalf of the club. • All correspondence is sent to the Club YPO and the applicant. Rotary International District 9630

  24. If a person already has a blue card. • A blue card is transferable across all areas of employment regulated by the Act. • However, where the blue card is used in a different category of business or employment regulated by the Act, you should complete and submit to the Commission an authorisation to confirm a valid blue card form. This form allows the Commission to advise the authorised person of your current blue card status and entitles this person to any relevant notifications concerning the status of your blue card under the Act Rotary International District 9630

  25. Changes to the blue card application forms • People applying for a blue card should attach a copy of their proof of identification documentation to their application. This will enable the Commission to check any information on the application form on which we are unclear. Rotary International District 9630

  26. Changes to the blue card application forms • The following proof of identification documentation is now accepted. • List 1 • Current driver licence/ learner’s permit/ proof of age card (with photo) – Australian or international • Current passport (with photo) – Australian or International • List 2 • Current blue card • Current student card (with photo and signature) • Current Qld Gaming machine Licence • Current Qld weapons Licence • Current Qld crowd controller/private investigator/ security officer licence • Passbook/account statement – used in the last six months • Australian taxation assessment – dated in the last six months Rotary International District 9630

  27. Changes to the blue card application forms • The following proof of identification documentation is no longer accepted. • List 1 • Passports that expired within the last 2 years • Consular photo identity card • List 2 • Utility bills (telephone, gas, electricity) • Rates notices/land valuations • Electoral card/enrolment notice Rotary International District 9630

  28. Changes to the process of renewing a Blue card Where a person holds a positive notice blue card and the card has not been suspended or cancelled, they can continue to carry on the regulated activity after the expiry of their card until the application for renewal is decided or withdrawn, provided they have lodged a renewal application at least 30 days prior to the expiry of their blue card. Rotary International District 9630

  29. Offences and Penalties • There are a range of penalties for not complying with the Commission for Children and Young People Act (2000) Qld • Some offences may incur a fine of up to $37,500 or up to five years imprisonment Rotary International District 9630

  30. Penalties under the Act EMPLOYERS • An employer must not employ a volunteer who does not have a current positive notice (blue card). • 10 penalty units ($750) • Risk management strategyAn employer who employs people in regulated employment must develop each year a risk management strategy, as required by the Act. • 20 penalty units ($1500) Rotary International District 9630

  31. Penalties under the Act EMPLOYEES A person must not apply for, start or continue in, regulated employment: • if they hold a current negative notice; • 500 penalty units ($37500) or 5 yrs imprisonment • if they have withdrawn their consent or are taken to have withdrawn their consent to employment screening. • 100 penalty units ($7500) or 1 yr imprisonment Rotary International District 9630

  32. Penalties under the Act • If an applicant’s name or contact details change before their application is decided, they must give notice to the Commissioner within 14 days of the change. • If the holder of a positive notice or negative notice: • Changes a name previously given to the Commissioner;• Starts to use a different name/s previously given to the Commissioner;• Changes contact details previously given to the Commissionerthey must give notice to the Commissioner within 14 days after that change. 10 penalty units ($750) Rotary International District 9630

  33. Penalties under the Act • If a person with a current positive notice:• is convicted of a serious offence; or• the Commissioner cancels the positive notice and issues a negative notice,the person must immediately return the positive notice to the Commissioner.  100 penalty units ($7500) Rotary International District 9630

  34. Penalties under the Act • A person whose current positive notice or current blue card has been lost or stolen must apply for a replacement notice/card within 14 days. • If the lost or stolen notice card is returned to, or otherwise recovered by the person after the application for a replacement notice or card is made, the person must return the replaced notice or card to the Commissioner within 14 days. • 10 penalty units ($750) Rotary International District 9630

  35. Risk Management Plan Under the Act, each club must develop and implement annually, strategies to identify and manage the risks to children in that particular service environment. Rotary International District 9630

  36. Volunteers Volunteers need a blue card if they are employed by or within a club, association or similar entity and the usual function of their employment includes or is likely to include: • providing services directed mainly towards children; or • conducting activities mainly involve children. Volunteers do not need a blue card if: • they are a volunteer parent of a child who receives the same or similar services to which the employment relates Rotary International District 9630

  37. Is Blue Card Required?... • In response to your enquiry whether a student in your care through a Rotary Exchange program who sleeps over for 1 night at a friend of yours or at a friend of his or hers from school, we provide the following information. “As this is a domestic arrangement there is no employment as defined in the Commission for Children and Young People and Child Guardian Act 2000 (the Act) and no blue card is required”. Rotary International District 9630

  38. Who is Exempt from Blue Cards? • Where registered teachers are employed in their capacity as a registered teacher they are not required to hold a Blue Card. However, if they carry out work outside their capacity as a registered teacher (i.e. as scout masters, club coaches, counselors, self-employed tutors or home stay provider) that is caught under a category of employment regulated by the Act, they require a Blue Card unless they are specifically exempt under the relevant category of regulated employment. • Accordingly, Rotary can still ask a Rotarian who is a registered teacher to apply for a Blue Card as registered teachers are not exempt under the relevant category. Rotary International District 9630

  39. Blue Cards • What to do if a Rotarian does not have a Blue Card or receives a Negative Notice • Treat information as strictly confidential • Discuss with President and New Generations Director only • Meet with individual and agree a plan that excludes them from certain activities. • Managed by the risk analysis process Rotary International District 9630

  40. Blue Cards Link Blue Card to District activities • If a Rotarians assumes a youth District Committee position, the Club YPO must inform the District YPO of the Rotarians blue card status • The Rotarian will be required to complete and submit the Rotary Youth Volunteer Declaration Form Rotary International District 9630

  41. Applications & Renewals Rotary International District 9630

  42. Register Coming Rotary International District 9630

  43. Confidentiality • Retention of documents • Privacy Rotary International District 9630

  44. Suitability Reference Check • Who needs this? • District officers on Youth Related Committees • Club officers • YEP Counsellor • ALL YEP Host Family adults (long and short term) • Intertact representatives • Other members as determined by the risk management process Rotary International District 9630

  45. Suitability Reference Check • Conducted by YPO (Club or District) • Validity the same as the individual’s Blue Card (2 years) • Files maintained at club level (not District) • Strictly confidential – discuss issues with Club President and District YPO only. • Files to be destroyed in accordance with policy Rotary International District 9630

  46. Suitability Check Forms Rotary International District 9630

  47. The Certification Procedure YEP

  48. Youth Exchange Programme • There is a comprehensive certification system required for each District and club participating in the programme. • This is being rolled out in 2006-2007. • Club Youth Protection Officers will be required to sign off that the certification process has been followed – as an independent audit. Rotary International District 9630

  49. What to do if there is a Problem

  50. What to do if there is a Problem Course of Action in the case of reported abuse Student District Activity Chairman District Governor & Youth Protection Chairman Club / District Counsellor Club President Appropriate Authorities Parent Disclosure Inform/feedback Rotary International District 9630