Before a person is employed or engaged as a children's worker, as defined in the Children's Act 2014, a safety check as required by that Act must be completed.
A detailed record of each component of the safety check must be kept, and the date on which each step was taken must be recorded, including the date of the risk assessment required to be completed after all relevant information is obtained.
These records must be kept by, or available to, the service provider as long as the person is employed or engaged.
Every children’s worker must be safety checked every 3 years. Safety checks may be carried out by the employer or another person or organisation acting on their behalf.
1. A written procedure for safety checking all children’s workers before employment or engagement of the worker commences that meets the safety checking requirements of the Children's Act 2014.
Every licensed service provider is required to take all reasonable steps to promote the good health and safety of children enrolled in the service.
This includes safety checking that meets the requirements of the Children’s Act 2014. Safety checking should be part of your organisation’s recruitment process for all roles that involve contact with children.
You need to safety check all new children’s workers before you employ or engage them and complete a safety re-check every three years. You cannot rely on checks done by another employer.
core children’s workers: a person who has access to children whose duties require them to have 'primary responsibility for, or authority over' children and/or be the ‘only children’s worker present’ and
non-core children’s workers: non-core children’s workers are not core workers and have regular, but limited, child contact and are never alone with children.
Nearly everyone working in your early learning service is considered a core children’s worker. This is because there will be times during the day when their duties require them to have ‘primary responsibility for, or authority over’, children and/or be the ‘only children’s worker present’.
This means anyone employed or engaged in the following roles will need to be safety checked, including:
all service providers, service owners, managers,
all other staff who have regular contact with children
all persons responsible (visiting teachers / coordinators) and educators in home-based services
all students working in your service as part of their educational or vocational training, including school students
staff employed by other organisations who work at your service such as early intervention teacher.
To ensure the safety of children, the Children’s Act has restrictions on who can be employed as a core children’s worker.
People who have been convicted of offences specified in Schedule 2 of the Children’s Act cannot be employed or engaged in core worker roles, unless they have applied for and received a core worker exemption. People who are affected by the workforce restriction can apply for a core worker exemption.
The core worker exemption process is managed by Te Kāhui Kāhu on behalf of the responsible government agencies. Information about the process can be found on Te Kāhui Kāhu’s website.
Safety checking includes the collection and consideration of a range of information about the person.
A full safety check has the following components
identity confirmation / verification
work history
information from any relevant professional organisation or registration body
any other information considered to be relevant
an interview
referee information
police vet
the final step is risk assessment.
Checking a person’s identity for the first time
The first time you check a person’s identity, you must check the person’s identity using an electronic identity credential or sighting documents:
using an electronic identity credential such as RealMe (provided the service provider has integrated with RealMe). The children’s worker consents to share their identity information online with the service provider.
Note that integration is only viable for larger organisations who have the capability and capacity.
You will need to view the identity online and record the date you have viewed this on RealMe. You do not need to retain a screenshot from RealMe as it cannot be accepted as an identity document, or
checking the original of a primary identity document and a secondary identity document. If you use primary and secondary identity documents, then you must use documents from the list below.
One of the identity documents needs to have a photo of the person. If neither has a photo, then you must ask the person for some additional information.
If neither of the primary or secondary identity documents has a photo of the person, then you must ask the person to provide:
the name and contact details of an identity referee, and
a photo of themselves authenticated by the identity referee, or
a statement signed and dated by the identity referee that confirms that the primary identify document relates to that person.
To authenticate a photo, the identity referee needs to write on the back of the photo “certified true likeness of <full name of person>”, or something similar. They must also sign and date the back of the photo.
The identify referee must:
have known the person for at least 12 months, and
be at least 16 years of age, and
not be related to the person and not be part of the person’s extended family, and
not be a spouse or partner of the person, and
not live at the same address as the person.
Name change
If the person’s name is different between the primary and secondary documents, then you must also ask them to provide a name change document from the list below.
Only accept originals to allow for examination of all security features that are not immediately obvious and are difficult to replicate, such as watermarks and embossing. Photocopied documents are relatively easy to alter and should, therefore, not be accepted as evidence of identity.
If a prospective worker can only produce copies during the recruitment process, you must check original documents before they start work.
Expired documents are not acceptable. Documents that are not currently valid tend to be older and are less likely to contain up-to-date security features, making them easier to tamper with or forge.
You need to keep evidence that the ID check has been done and when (for example copies of ID documents on file), but these do not need to be certified.
Check your personnel records
Finally, you need to check your services personnel records to make sure there is no-one else with that identity in your employment or has been used by anyone previously employed or engaged.
Gathering information about a person's work history provides context for their skills, knowledge, experience and personal attributes. It supports the development of interview and referee questions.
Obtain a chronological summary of the person's work history for at least the last five years, (if they have been working that long). It must contain dates, where they were employed and a description of positions held.
The mechanism for gathering this may be varied, but usually it is requested via a CV. An application form is a good way to gather more information about a person, and should be used in additional to a CV.
Analyse the information and ask the person for an explanation if anything is unusual.
Keep a record of the information you have gathered. When you have asked any clarifying or follow up questions, it is important to document the responses to consider when making your risk assessment.
Checking the professional organisation, licensing authority or registration authority can provide additional information about any conditions or issues that need to be considered for the risk assessment.
Check that the name the person has supplied is the same as that shown on any membership, licensing or registration documents.
Check online register/s or check documents for authenticity or discrepancies.
Check the person's certification category and expiry date or renewal dates.
If you find anything unusual, ask the person for an explanation.
If the teacher has any censures or conditions, this will be noted on the register.
Keep a record of when you checked this component and any notes about what you found.
Any other information relevant to an assessment of the person
Any other relevant information may be anything else that would help assess the applicant.
The way a person responds to careful questioning can provide insight into their attitudes towards children. An interview also provides the opportunity to confirm information otherwise provided by the person as part of the application process.
Interview the person face to face, by phone or by using other communications technologies (e.g., Skype or Zoom). Obtain information relevant to conducting a risk assessment of the person. If using other communication technologies, be aware of their limitations. Email is not a suitable medium for an interview.
You must obtain information relevant to conducting a risk assessment of the person. This will need planning ahead of the interview.
Ask questions that:
describe the persons experiences and relationships working with children
explore their attitudes - if they've ever had to deal with specific child protection situations, including process and outcome, or what would they do if
show the person's views on child safe practice.
A range of suggested interview questions are provided for you in the tools and resources section.
Keep a record of the information you have gathered. When you have asked any clarifying or follow up questions, it is important to document the responses to consider when making your risk assessment.
Getting information from referees can give valuable insight into a person and help identify any gaps or concerns in their application. There’s no set way to do a reference check, but it must be done thoroughly. Tailor your questions to the role and include child protection topics. Suggested questions are available in the tools and resources section.
You must:
get at least one referee from the person
make sure the referee isn’t a relative or extended family member
contact the referee and ask for any information they have that could help assess the person’s suitability for the role
obtain information relevant to conducting a risk assessment of the person.
The goal is to assess whether the person is safe and suitable to work with children. Referees must be able to speak to this — for example a recent manager is suitable, but a neighbour likely isn’t.
Where possible:
get 2–3 referees, including at least one recent direct manager.
if you can’t contact their most recent manager, at least one of the referees should be a previous direct line manager
If the person doesn’t want you to contact their current employer early on in the recruitment process, you should follow this up at an appropriate point, for example if they are the preferred candidate just before you finalise an offer.
If concerns or allegations come up, give the person a chance to explain. Treat all information carefully but always prioritise children’s safety.
It can be difficult or even impossible to respond to historical allegations, especially when there is limited evidence, or the applicant has not previously been made aware of the concerns. To ensure fairness, consider other sources of information that may help you assess the applicant’s overall suitability to work with children.
Keep a record of the referee responses to consider when making your risk assessment.
Obtain a vet from NZ Police and consider it when making your risk assessment.
Teacher who has a current practicing certificate or limited authority to teach
You don't need to request a NZ police vet for a teacher who has a current practicing certificate or limited authority to teach from the Teaching Council Aotearoa New Zealand. This is because the Council will only approve a practicing certificate or authorisation once a police vet has been obtained and considered to be satisfactory. You can choose to rely on this or carry out their own police vet.
You will still need to carry out all the other components of the safety checking process for certificated teachers.
If a teacher's practicing certificate lapses, the teacher cannot continue working as a children's worker until the practicing certificate has been renewed, or you obtain a NZ police vet yourself to inform an updated risk assessment.
Police vetting results
The results from a Police vet will show that no information is held or relevant to the purpose of the vetting request or:
the vetting subject's criminal record (if any), unless the Clean Slate Scheme applies
a summary of other information that is readily retrievable, relevant to the purpose of the vetting request and deemed accurate. This may include:
pending charges
charges without conviction
youth court charges
infringement offences
demerit points
arrest warrants
involvement in family violence
overseas convictions
police investigations without charges
interactions with Police
other information held by Police.
For currently employed or engaged children’s workers, the Police Vetting Service may release any newly obtained relevant information to you (as the requesting agency) at any time.
Offences against children or vulnerable people are serious concerns. Repeated dishonesty offences may also be an issue due to trust requirements.
Clean Slate Scheme
Some offences may be concealed under the Criminal Records (Clean Slate) Act 2004, but for core children’s worker vets, offences specified in Schedule 2 of the Children’s Act that would trigger the workforce restriction will show up.
Workforce restriction and the Core worker exemption
It is an offence to employ a person with a specified conviction in a core children’s worker role. This may lead to criminal prosecution and a fine of up to $50,000.
A specified offence means an offence identified in Schedule 2 of the Children's Act 2014.
A conviction for a specified offence will be clearly shown on the police vet, alongside a statement advising that they cannot be employed unless they have an exemption.
People who are affected by the workforce restriction can apply for a core worker exemption.
The core worker exemption process is managed by Te Kāhui Kāhu on behalf of the responsible government agencies. Information about the process can be found on Te Kāhui Kāhu’s website.
Offences against children or vulnerable people are serious concerns. Repeated dishonesty offences may also be an issue due to trust requirements.
Police vets for overseas children's workers
In addition to obtaining a NZ Police vet, Children's workers who lived overseas for more than 1 year within the last 10 years should provide a Police certificate from the country where they lived.
If a children's worker cannot provide you with a Police certificate, they need to prove that they tried to get one. They must also make a statutory declaration under the Oaths and Declarations Act about whether they have any overseas criminal convictions.
A Ministry of Justice conviction check is not acceptable.
A Ministry of Justice conviction check is not acceptable. A criminal record covers criminal and traffic convictions but does not include charges that haven't gone to court yet, infringements and charges that didn't result in a conviction.
A police vet is broader, and along with a criminal record, can also information about other contact a person has had with Police.
Keeping Police vet information
All Police vetting information must be kept confidential and managed by your early learning service in accordance with the Privacy Act 2020 and the Public Records Act 2005.
Don’t share Police vet information with other agencies or accept vetting from them.
You must keep a Police vet for at least as long as the person vetted is employed or engaged. When the information is no longer needed, destroy it securely.
Let the person know how long you’ll keep the information and why. If you plan to use the vetting for an audit, get the person’s permission before requesting the Police vet.
You must provide a Police vet to us if we request it.
In addition to safety checking children’s workers under the Children's Act 2014, you also need to meet your police vetting obligations under Schedule 4 clauses 1 to 8 of the Education and Training Act 2020. This relates to police vetting staff, contractors and their employees who are not children’s workers.
Now it’s time to decide if the person is suitable to work as a children’s worker and whether they pose or would pose, any risk to children. This is the final step in the safety check process.
You must:
complete this risk assessment before the person starts in their role
consider all the information you’ve gathered so far: identity check, work history, interview, referee checks, professional membership (if any), and the Police vet
consider if the person does, or would, pose a risk a risk to children and assess the extent of that risk.
Use your professional judgement to identify patterns of concerning attitudes or behaviours as these patterns can be subtle, and wider than the presence (or absence) of relevant criminal convictions.
Examples of what to consider
Work history considerations:consider indicators in context, gaps in employment history or a negative reference can paint different pictures.
Does the work history includes names of employing/contracting organisations, positions held and description of positions held?
Are there any unusual patterns of employment, such as geographically scattered short-term jobs or significantly different roles, for example: from a professional registered role such as a teacher to caretaker or a voluntary role?
Are there any gaps in work history?
Have they worked overseas within the last 10 years?
Police vet results considerations:If a Police vet shows any convictions, consider the following in your risk assessment:
the nature and severity of the offending
the individual’s age at the time of the offending
the amount of time that has passed since the offending, whether any more offending has happened and whether behavioural change has happened since
the number of convictions that are relevant to the role
other offences committed or a pattern of recurring offending
any aggravating or mitigating factors
if the Police vet shows a conviction for a specified offence, the person must not be employed in a core children’s worker role unless they have a core worker exemption.
Even if the applicant does have a core worker exemption, the final decision about whether a person is safe to work with children remains the responsibility of the early childhood service. You should always act in the best interests of children.
Clearly document your decision making
Clearly document your decision and explain why you believe the person is (or isn’t) suitable to work with children and join your organisation. Record the date of your decision.
Every 3 years, you will need to recheck children’s workers safety to keep working with children using 4 components, from the full safety check. This is referred to as a periodic check within the Children’s Act.
You will need to check the following 4 components.
Reconfirmation of identity
Confirm whether the person has changed their name from the name on the documents provided during the initial identity check.
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
information about the workforce restriction (core worker exemption) and how this is/would be met
information on where to seek advice, if needed
evidence that the procedure is regularly reviewed.
Follow this risk assessment guidance and make sure your decision-making process reflects this. This is required under Schedule 4 of the Education and Training Act 2020.
You must keep a detailed record of each component of the safety check including the date each step was completed and the date of the final risk assessment.
Risk assessment for both a full safety check and recheck means reviewing all the information to decide if the person is safe to work with children. It must only be completed once all necessary information has been obtained and considered.
Store this information securely — usually in the person’s personnel file. Files must be kept in a secure place with limited access.
The results are confidential and should only be accessed by authorised staff who need them for their role. You must provide this information to the Ministry of Education or other relevant agencies if asked.
For children’s workers, safety check records must be kept while they’re employed or engaged, then securely destroyed.
Records for long-term children’s workers (employed before 1 July 2015 – existing workers)
If a children’s worker has been continuously employed or engaged with you since before 1 July 2015, their safety check records don’t need to include:
their previous work history
an interview
a referee check.
However, you must keep a record of:
their full name
their role in your service
the date they started in that role
whether they hold a current practising certificate and its expiry date
for their initial safety check:
how their identity was confirmed
that their professional membership or registration was checked (if relevant)
that a NZ Police vet was completed
that a risk assessment was done
the date each of these steps was completed.
These workers must still complete three-yearly re-checks, just like all other children’s workers.
Umbrella organisations carrying out safety checks
If an umbrella organisation carrying out the safety checks is the employer for staff at multiple centres, then member centres (Playcentres/kindergartens) can use the children’s workers who have been safety checked by that employer.
Relying on safety checking completed by another organisation on your behalf
Where some or all components of the safety check have been completed by another organisation on your service’s behalf, you are still responsible for making sure that these components have been completed and that a full check has been done.
If you choose to rely on their safety check, you should:
get permission from the person being checked to share their information
confirm in advance that the other organisation is doing the check on your behalf
get written confirmation that the check meets the standards of the Children’s Act 2014
do your own identity check and risk assessment, even if the other organisation has already done them
keep records of all safety checks for children’s workers you employ or engage.
Relief teachers must be safety checked
Relief teachers must be safety checked, even if they’re only covering short-term absences. Relieving teachers will probably be core children’s workers.
Agencies often complete parts of the safety check. If another organisation has done part of the safety check, your service must confirm that all components have been completed on your behalf and meet the required standards.
You will still need to do your own identity check and risk assessment, even if another organisation has already done them.
Keep a record of these checks on file. With the exception of a short-term emergency.
If you hire relief teachers directly (not through an agency), you must do a full safety check on them. Once completed, the check is valid for up to 3 years.
Students on vocational training (Including gateway students of any age)
Providers of educational or vocational training courses may have completed some of the components of the safety check as part of their enrolment process. For example, an interview, reference check and police vet.
Before a student starts, you must agree with the training provider on which parts of the safety check the provider will do on your behalf.
You must get:
a letter from the provider confirming the student’s name,
what components of the safety check was done, and
that it meets the Children’s Act 2014 standards.
You will need to do the identity check, complete a risk assessment and keep a record of these checks on file with the provider’s letter.
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. It is also an offence to not re-check children’s workers every 3 years.
For serious non-compliance with safety checking, we may consider referring to the Police for criminal investigation. This may lead to a criminal prosecution and a fine of up to $10,000 per person not safety checked.
If an emergency or unexpected situation occurs that increases risks to any child, to reduce those risks you can employ or engage a children's worker without all steps of a full safety check being completed, for up to 5 consecutive working days.
This is as long as the employee has a current Police vet, which is a requirement of the Education and Training Act 2020.
For example, in a homebased service the coordinator/person responsible 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, to supervise educators and children for a day or two.
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.
If you buy an early learning service and retain the existing staff, you will need to become familiar with the safety check requirements and our guidance. This will support you to develop a written safety checking procedure for your new service.
To make sure all staff have been properly safety checked, you will need to:
review records on file.
if components are missing or incomplete, you must do make them complete. *note guidance ‘Records for long-term children’s workers (employed before 1 July 2015 - existing workers)’.
complete your own risk assessment
You will also need to safety check anyone new you recruit.
Approved safety check service for self-employed children’s workers#
To avoid any conflicts of interests, owners or operators of early learning services must use a third party to complete their own safety checks and checks of any person who is related or closely connected.
We have approved CV Check NZ to do safety checks on children's workers.
You can choose to use this service, or another service that meets the appropriate standards. You will need to pay to use a screening service.
Can you talk me through how you safety check a new person you have employed or engaged or intend to employ or engage?
Where do you store your safety checking records?
How do you make sure your safety checking procedure is understood, and the safety checking process is completed consistently?
Can you show me the process undertaken to make sure a relief teacher is safety checked?
How do you manage conflicts of interest when you have someone who is related to you / you are the employer / service provider?
We are likely to look at, measure or count
Look at how you store records.
View any system you have that helps remind you to know when to complete a safety re-check (three yearly).
We are likely to request
Your service’s safety checking procedure.
Ask for an overview of the safety checking completed in your service to verify the processes used.
Sample the full safety checking records for adults engaged or employed in your service.
The tools below are here to support you, but you do not have to use them. You can use other tools or methods that work better for your service.
Ministry of Education Children's Act 2014 guide
Our guide explains what your service must do under the Children's Act 2014. You can use it to help you complete safety checks for everyone you engage or employ.
The publication Safer recruitment, Safer children provides best practice guidance and Children’s worker safety checking under the Children's Act 2014 provides advice for organisations interpreting and applying the safety checking regulations.
Persons responsible and teaching staff who hold a current practising certificate will be police vetted by the Teaching Council as part of issuing and renewing the person’s practising certificate. You can choose to rely on this or carry out your own police vet.
The following links take you tools that can assist you in completing this process – template coversheets to support you through the steps and a spreadsheet for collating your documentation of the checks.
Under Section 39(3) of the Children's Act 2014, service providers are required to be able to provide details on any safety check done on a person and their work history. Under the Children's Act, you are permitted to show any safety check records to other agencies if requested.
Safety checking is a vital child protection measure that helps make sure adults working with children are safe and actively reduces the risk of harm to children.
Doing more than the minimum can shape better outcomes for children. Here are some ideas or examples you might like to consider.
Volunteers
Even though the Children’s Act does not require police vetting or safety checks for volunteers. You might choose to consider including how volunteers are managed in your safety checking policy to strengthen child protection.