Safety checking

Find general guidance on safety checking, including procedures and records your early learning service needs and who needs to be safety checked.

What a safety check is for in early learning

A safety check is a pre-employment check to assess whether a person is suitable to fulfil a role as a children's worker based on whether they pose a risk to children.

Its purpose is to reduce the risk of harm to children.

All early learning service providers are responsible for ensuring that all children's workers they employ or engage are safety checked before they have access to children, and are re-checked every 3 years.

Safety checking isn't just required by law, it's the right thing to do.

Definition of 'children's worker'

A children's worker is a person who works in an early learning service.

Their work:

  • may or does involve regular or overnight contact with children, and
  • takes place without a parent/guardian of each child being present.

The use of the word "may" could imply that everyone engaged or employed by an early learning service meets the definition of a children's worker since there is always the possibility of contact with children in any role in an early learning service.

Work means that which is:

  • paid, or
  • undertaken as part of an educational or vocational training course.

Regular or overnight contact means:

  • overnight, or
  • at least once each week, or
  • on at least 4 days each month.

Contact includes physical or oral communication, whether in person or by telephone or through any electronic medium, including by way of writing or visual images.

"Regular" is defined in the legislation and determines when the definition of a children's worker applies. Not every role in an early learning service meets the definition of 'regular or overnight contact with children' therefore, it is possible that not every role in an early learning service requires a full safety check.

In this case, a police vet will be required as outlined in schedule 4 of the Education and Training Act 2020. This provides for police vetting of any early learning service staff that do not meet the definition of a children's worker.

A core children's worker is a person whose work:

  • requires, or allows them to be the only children's worker present, or
  • is the worker who has primary responsibility for, or authority over, a child or children.

"Primary responsibility" means the person is accountable, or there is a duty of obligation or care.

"Authority over" means the person has power, control, provides guidance, or sets behavioural boundaries.

  • A non-core children's worker is everyone who isn't a core children's worker.

Nearly everyone working in an early learning service is considered a core children's worker because there will be times when their work requires them to have "primary responsibility for, or authority over", a child or children.

Read the definitions in the Children's Act:

Children's Act 2014 – NZ Legislation(external link)

Children's workers in early learning

Nearly everyone working in an early learning service is considered a core children’s worker.

This includes:

  • all service providers, service owners, managers, head teachers and persons responsible, and
  • all teachers, including relief teachers (independent or from an agency), and
  • all other staff who have regular contact with children, eg receptionist, administrator, cook, caretaker, van driver and
  • all co-ordinators and educators in home-based services, and
  • all students working in your service as part of their educational or vocational training, including school students
  • staff employed by other organisations hosted by your service, eg early intervention teacher.

What a written procedure should look like

You must have a written procedure for safety checking children's workers.

This should at least include:

  • the purpose of a safety check
  • the definition of "children's worker" and how this is applied to determine who to safety check
  • detail on each of the safety check components for existing children's workers and how these are completed
  • detail on each of the safety check components for new children's workers and how these are completed
  • detail on each of the 3-yearly re-check components and how these are completed
  • detail on how the risk assessment is undertaken, and what action is taken when risk is identified (this guidance can support you in writing this)
  • information about the workforce restriction and how this is/would be met
  • information on where to seek advice, if needed
  • evidence that the procedure is regularly reviewed.

Keep a record of checks

You must have a record of all safety checks and the results.

This should at least include the following information.

Records for children's workers who started before 1 July 2015

Records must show:

  • their full name
  • their role at the service
  • the date they started in that role
  • whether they hold a current practising certificate, and its expiry date
  • their initial safety check
    • how their identity was first confirmed
    • that membership of any relevant professional organisation or licensing/registration authority was checked
    • that a NZ Police vet was obtained
    • that a risk assessment was undertaken
    • the date each of these safety check components were completed.

Records for children's workers who started after 1 July 2015

As well as to the components above, records must also show:

  • their previous 5 years of work history was obtained
  • that an interview was conducted
  • that at least 1 referee was contacted and relevant information obtained
  • the date each of these safety check components were completed.

Records for all children's workers

Records must show that every 3 years:

  • a check is made to see if their name has changed, and if so obtain the required documentation
  • that membership of any relevant professional organisation or licensing/registration authority is checked
  • a NZ Police vet is obtained
  • a risk assessment is undertaken
  • the date each of these safety check components were completed.

Police vets

You don't need to request a NZ Police vet for a teacher who has a current practising certificate or limited authority to teach from the Teaching Council.

This is because the Council will only approve a practising certificate or authorisation once a police vet has been obtained and considered to be satisfactory.

Police vetting for early learning services

If a teacher's practising certificate lapses, the teacher cannot continue working as a children's worker until the practising certificate has been renewed, an extension to teach has been received or you obtain a NZ Police vet yourself in the meantime. 

At this time the other components of the periodic re-check should be completed to ensure an assessment of risk has been made. 

Workforce restriction

If a person has a conviction for a specified offence, you must not engage or employ them in a core children's worker role unless they have an exemption.

Children's Act 2014: Specified offences – NZ Legislation(external link)

Read about the core worker exemption – Te Kāhui Kāhu(external link)

If you believe a person you're engaging, employing or contracting as a core children's worker has a conviction for a specified offence, you must follow the steps set out in section 28 of the Children's Act 2014.

Children's Act 2014: Section 28 – NZ Legislation(external link)

Safety checks done by a third party

You may use a third party (another person or organisation that you do not have a conflict of interest with, for example, a family member, or employee) to safety check your children's workers for you.

You are ultimately responsible for ensuring that children's workers don't pose a risk to children. If you have any concerns, you should do some or all components of their safety check yourself.

This may be useful for relief teachers from agencies, students on practicum placement or yourself, if you own and work in your own early learning service. If you regularly use a third party to safety check a number of staff, you should formalise this as a documented process (for example, a memorandum of agreement). This means everyone understands that the evidence of the components of the safety check are shared between the parties to support the final decision about the suitability of the person to be working with children.

The responsibility for safety checking rests with you and your decision making therefore it is important to understand all of the information needed to make a decision. In the case of the safety check being for yourself it will be necessary to delegate the final decision to the third party that you have chosen to do the safety check.

Prior to the safety check

  • Get permission from the person being safety checked for the safety check to be done by the third party and for information to be shared.
  • Agree in writing with the third party that they are doing the safety check, and which components of the safety check they will do.

After the safety check

  • Obtain confirmation in writing which components of the safety check were done.
  • Complete the identity check and risk assessment, even if these were done by the third party – you are confirming their identity with that checked by the third party and meeting your responsibility by making your own assessment of risk.

Approved screening service

We've approved a screening service to undertake safety checks. This service was established to provide third party safety checks for children’s workers in the health, education and social development sectors who are self-employed or sole-practitioners because they can't safety check themselves. For example, people who own and work in their own early learning service.

You may choose to use this approved screening service, but are not obliged to do so – you can use another service that meets the appropriate standards.

There is a cost to applicants for this service.

Children's worker safety check  – CVCheck NZ(external link)

You must not use a safety check completed by a children's worker's previous employer.

Short-term emergencies

If an emergency or unexpected situation occurs that increases risks to any child, you can employ or engage a children's worker without all steps of a full safety check being completed to reduce those risks. You can employ them for up to 5 consecutive working days.

You must have obtained a NZ Police vet for this person within the last 3 years to meet the requirements of the Education and Training Act 2020.

In the interests of children’s safety, we recommend that you begin the full safety checking process as soon as possible in an emergency or unexpected situation.

For example, if a staff member becomes suddenly ill, the risk of not meeting ratios outweighs the risk of engaging a children's worker (with a current police vet) whom you have not fully safety checked to supervise children for a day or two.

If the coordinator/person responsible in a home-based service becomes suddenly ill, the risk of not meeting the supervision requirements outweighs the risk of engaging a children's worker (with a current police vet) whom you have not fully safety checked.

Children's Act 2014: Short-term emergencies – NZ Legislation(external link)

Police vetting for early learning services

Providing records on request

You must show us your procedure and any safety check records, if we ask for these.

You must also show any safety check records to the Ministry of Social Development, the Ministry of Health, the Ministry of Justice or Oranga Tamariki, if requested.

Children's Act 2014: Powers of entry and inspection – NZ Legislation(external link)

Children's Act 2014: Requirement to provide information – NZ Legislation(external link)

Consequences of not safety checking

It is an offence to employ or engage a person as a children's worker without completing a full safety check before they start work and an offence to not re-check children’s workers every 3 years.

For non-compliance with safety checking, we may either reclassify your licence as provisional or suspend your licence. If compliance is not achieved by the date we set, we may cancel your licence. 

For serious non-compliance with safety checking, we may consider referring to NZ Police for criminal investigation. This may lead to a criminal prosecution and a fine of up to $10,000 per person not safety checked.

Common questions

Do service providers need to be safety checked?

Yes. You meet the children's worker definition if your work may or does involve regular (or overnight) contact with children. "Work" and "regular" and "contact" are all defined.

The use of the word "may" could imply that everyone engaged or employed by an early learning service meets the definition of a children's worker since there is always the possibility of contact with children in any role in an early learning service. However, the term "regular" is defined in the legislation and determines when the definition of a children's worker applies.

Service providers come in many forms from the owner/operator, community based governing body or large corporate entities to name a few. Anyone engaged or employed by the service provider has the possibility of contact with children through carrying out their role in ensuring good governance and management practices. Some of these roles can be on site all the time, very regularly or infrequently. These roles and scenarios should be documented in the safety checking procedure along with the safety checking requirements.

Not every role in an early learning service meets the definition of 'regular or overnight contact with children' therefore, it is possible that not every role in an early learning service requires a safety check. In this case a Police vet and a corresponding risk assessment will be required as outlined in Schedule 4 of the Education and Training Act 2020. This provides for police vetting for those that are on site but do not meet the definition of a children's worker.

We've approved a screening service to undertake safety checks for people who own and work in their own early learning service, see the above guidance on "Safety checks done by a third party".

I'm taking over ownership of an existing service. Do I need to do new safety checks for existing staff?

No, you do not need to gather new evidence for safety checking the service's existing staff however, complete your own assessment of risk for each staff member.

You must:

  • get familiar with the safety check requirements and our guidance
  • ensure you have a written procedure in place that reflects your new service's governance and management
  • check that all safety checking has been appropriately completed for all existing staff
  • undertake your own risk assessment for each staff member
  • check that records are in place, collated and stored securely on file, and made available to us on request
  • complete full safety checking and Police vetting as applicable for all new employees.

If any records are unclear, incomplete or suggests a person poses a risk to children's safety, then you must do your own full safety check of existing staff. This situation would be a self identified non compliance with the Regulations and Licensing Criteria. If the risk to children is high, as there is no Police vet, or current practising certificate and referee check (but not limited to) this would be mitigated by excluding the staff member from coming into contact with children until the full safety check has been completed.

What if a staff member whom I safety checked previously leaves then returns?

Evidence of all children’s worker safety checks must be kept for at least as long as the children’s worker is employed or engaged, then securely destroyed. It is likely that you would have this practice in place for all employees therefore with no records available to you, you will need to complete a full safety check.

You are ultimately responsible for ensuring that the person doesn't pose a risk to children. You should complete all components of their safety check.

Do relief teachers need to be safety checked?

Yes, relief teachers need to be safety checked.

You can do the safety check yourself, or choose to use a relief teacher agency to do some or all components of the safety check. If you choose to use a relief teacher agency, follow the above guidance "Safety checks done by a third party."

A full safety check must be done before the reliever starts work and then a re-check done every three years.

Do students need to be safety checked?

Yes, students who are working in a service as part of an educational or vocational training course must be safety checked. This includes school students (regardless of their age) on work experience and trainee teachers on practicum.

You can do the safety check yourself, or choose to use the educational or training provider to do some or all components of the safety check, eg the school or teacher training provider. If you choose to use another organisation's safety check, follow the above guidance "Safety checks done by a third party."

A full safety check must be done before the student starts in the service, and then a re-check done every three years.

Do volunteers need to be safety checked?

No, volunteers do not need to be safety checked. But you may choose to have a policy of safety checking volunteers. 

Students do need to be safety checked though. See above.

Do playcentre parents need to be safety checked?

Yes, if they are paid and not all parents/guardians of all children attend all of the time.

Yes, if they paid or not and enrolled on Playcentre's parent education programme and not all parents/guardians of all children attend all of the time.

Otherwise, no.

If they are paid and not all parents/guardians of all children attend all of the time.
If they are paid and all parents/guardians for all children attend all of the time.
If they are not paid and not all parents/guardians of all children attend all of the time.
If they are not paid and all parents of all children attend all of the time.
If they are enrolled on Playcentre's parent education programme, and not all parents/guardians of all children attend all of the time, paid or not.
If they are enrolled on Playcentre's parent education programme, and all parents/guardians of children attend all of the time, paid or not.

Do playgroup co-ordinators need to be safety checked?

Yes, if they are paid, and not all parents/guardians of all children attend all of the time.

Otherwise, no.

If they are paid, and not all parents/guardians of all children attend all of the time.
If they are paid, and all parents/guardians for all children attend all of the time.
If they are not paid, and not all parents/guardians of all children attend all of the time.
If they are not paid, and all parents of all children attend all of the time.

Do cleaners employed by the service as a member of staff need to be safety checked?

It depends. The key here is to determine whether the member of staff is a children’s worker. A children’s worker is a person who may have regular or overnight contact with children as part of their work. All core and non-core children’s workers who have regular or overnight contact with children are required to be safety checked. See the Definition of ‘children’s worker’ and ‘regular or overnight contact’ section of this page.

If the cleaner is working in the service when it is operating and children are present, they are a children’s worker and would need to be safety checked. However, if the cleaner is working outside the service open hours and does not have any contact with the children, safety checking is not required.

Last reviewed: Has this been useful? Give us your feedback