Safety checking for child protection in early learning

Safety checking is required under the Children’s Act 2014 and the Education and Training Act 2020.

Children’s Act 2014 – New Zealand Legislation

Schedule 4 of the Education and Training Act 2020 – New Zealand Legislation

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. It is also 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 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.

Definition of a children's worker

All children's workers must be safety checked before they can start work at your early learning service. They must be re-checked every 3 years. Nearly everyone working in your early learning service is considered a children’s worker.

This includes:

• all service providers, service owners, managers, head teachers and persons responsible
• all teachers, including relief teachers (independent or from an agency)
• all other staff who have regular contact with children
• all 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 teachers.

Safety check records

Safety checking record keeping requirements are outlined in the criteria for each service type:

• GMA7A for centre-based services
• GMA6A for home-based services
• GMA7A for hospital-based services
• GMA7A for kōhanga reo
• MA6 for playgroups.

Children's Act guide

Our guide explains the requirements your early learning service must meet under the Children's Act 2014.

This includes guidance for safety checking requirements at playgroups and Playcentres.

Written procedure for safety checks

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 safety checks

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

Records must show that every 3 years you:

• check if a person's name has changed and, if so, get the required documentation
• check membership of any relevant professional organisation or licensing/registration authority
• get a New Zealand Police vet
• do a risk assessment
• check the date each of these safety check components were completed.

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 other agencies if requested. This is permitted under the Children's Act.

Children's Act 2014: Powers of entry and inspection – New Zealand Legislation

Children's Act 2014: Requirement to provide information – New Zealand Legislation

Approved safety check service

Owners or operators of early learning services must use a third party to complete safety checks.

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.

Children's worker safety check – CVCheck NZ

You will need to pay to use a screening service.

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

Safety checking tools and resources

Guidance and additional tools to do safety checks.