A child safety investigation (CSI) for a child in employment involves assessing whether:
- the child’s safety and/or wellbeing is at risk by being employed
- by the nature or extent of the child’s work, and/or
- whether the nature of the business, or the work carried out is considered harmful to all children in the workplace.
Child protection workers are authorised officers under the Act and will generally lead the assessment. They can use reasonable force and request a police officer or other person to accompany them if required. The relevant district office must be advised if the matter proceeds to a CSI and may be requested to assist in the initial assessment.
Legal and Compliance, DMIRS must be consulted to determine if they have a role in the assessment, including:
- accompanying authorised offices from the Department on a workplace visit to provide support
- providing information about a business or employer, and
- requisitioning information from the employer about employee details.
Where the parent’s details are known, they should be informed about the nature of the concern, the process involved in an assessment and their views sought on the child’s employment. The parent’s permission to interview the child must also be sought.
Depending on the nature of the concern, other agencies may also be involved, including the Western Australia Police Force (Licensing Enforcement) or the Department of Local Government, sport and Cultural Industries - Racing, Gaming and Liquor (regarding possible breaches of the Liquor Control Act 1988). An interagency strategy meeting may be appropriate to gather relevant information and plan actions to be taken.
Copies of Part 7 of the Act, must be given to each person interviewed at the place of employment.
The Department's authorised officers can interview the child and/or any person at the workplace or elsewhere. The person is required to answer and should be told that the penalty for refusing to answer or giving false or misleading information is a fine of up to $6,000 (s.195 of the Act).
The CSI should consider factors such as:
- the child’s views and wishes – he or she may like the work, be well paid, may not view the work as abusive or disrespectful, and consider themselves mature enough to work within the environment
- the parent’s views
- the legality of the work
- the appropriateness of the type and nature of the work
- whether the work takes place in a sexualised environment or where alcohol is readily available
- how the child’s work or performance could be used (for example, if it is recorded)
- supervision of work
- the child’s competency, maturity and/or vulnerability
- whether the work is harmful to the child’s wellbeing and/or safety, and
- whether a notice should be issued prohibiting the child, or all children, from working at the workplace or having limits placed on their employment.
Where it is assessed that the child's immediate safety or wellbeing is in danger or that the work may be detrimental to his or her wellbeing, the child may be asked to leave work immediately until a decision about issuing a notice is made.
All decisions and case plans must be developed and documented in consultation with, and approved by, the Team Leader Central Intake Team. Approvals should be endorsed by the District Director SRRS.
The child's parents, the employer and the child should be contacted to discuss the Department's assessment and decision. The parents and/or the employer may voluntarily decide to terminate the child's employment or take other actions that change the child's work environment.
The Department should issue a notice where the decision is made to either prohibit or limit a child's employment (s193 of the Act) or employment of all children (s194A of the Act).
Wherever possible and appropriate, the referrer will be provided with a level of feedback, guided by the nature of the relationship of the referrer with the child and family and the referrer's ongoing involvement with the case.