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Anglican Diocese of Newcastle | Level 3, 134 King Street (PO Box 817) Newcastle NSW 2300
July 2016
Anglican Diocese of NewcastleWH&S Newsletter
Welcome to the July WH&S Newsletter, incorporating Property & Risk.
It is always important to be very mindful of your own and the safety of others in and around parish buildings, especially when opening up and closing buildings. It is highly advised to; • Limit the number of access points (doors) that are open to
the church buildings.• Don’t leave back doors or any doors that are hidden from
plain sight, open/unlocked if they don’t need to be open or unlocked.
• Where possible have at least two (2) people present whenever opening up in the morning and closing at night.
• Have areas near the entrances to buildings that are being used at night brightly lit where possible.
• Don’t have anything flammable located outside and around the church grounds at night. Keep flammable material locked away
• if someone suspicious is hanging around do not approach them, take notes on; their behaviour, their description, the date and the time. If the individual continues to loiter around church property call the police and the Director of Professional Standards and have your notes nearby.
SAFETY AND AWARENESS
DID YOU KNOW……..? • All SRE Teachers need to have working with children
checks completed and cleared before they can commence teaching Special Religious Education.
• That the updated and improved Parish Property Report & Checklist is almost ready for issuing to
parishes in time for October 2016.
FREQUENTLY ASKED QUESTIONS HERE ARE 5 QUESTIONS RECEIVED FOR THIS NEWSLETTER
Q.1: - WHAT ARE THE RULES WITH VOLUNTEERS USING THEIR OWN EQUIPMENT AND PERSONAL PROTECTIVE EQUIPMENT (PPE) ON CHURCH PROPERTY?
A.1: - The Parish is liable for any volunteers or paid parish staff using their own equipment and/or PPE on church property, so, if a volunteer uses their own equipment and/or PPE, say a power drill and protective eyewear for example, and something happens to them, someone nearby or something nearby due the equipment and/or the PPE failing, the Parish is liable. What does this mean? Well it means if the drill was faulty and somehow damaged the users eyes as the eyewear wasn’t adequate or adjusted correctly then the parish is liable for damages.
Anglican Diocese of Newcastle | Level 3, 134 King Street (PO Box 817) Newcastle NSW 2300
Q.2: - WHAT ARE THE RULES WITH VOLUNTEERS (WORKERS) USING THEIR OWN VEHICLES TO DO DROP OFF AND PICK UPS OF PARISHIONERS? AND ARE THEY COVERED BY OUR INSURANCES?
A.2: - There are a great deal of things that need to be considered when volunteers are using their own vehicles for parish purposes, and not just from a vehicle safety perspective. Please see below for things that need to be undertaken and for things that need consideration;The following are things that need to be checked off annually before a volunteer can be allowed to use a vehicle for the use of the parish, these are;1. The person must have a valid and current NSW driver’s
license and will need to show evidence of this.2. The vehicle must be road worthy and have current
registration and evidence of this will need to be sighted.3. The person must have current compulsory third party
insurance for the vehicle to be used and will need to show evidence of this.
4. If the person is to be driving or coming into contact with children under the age of 18 they will need to have a current Working with Children Check Certificate and will need to show evidence of this prior to being a driver for the parish. This is not negotiable.
5. Proper Lifting techniques - If volunteers need to help any people out of their vehicle, then these volunteers will need to understand the risks and dangers with manual handling/lifting. Helping people out of a car where the gutter causes a change in height from the road to the footpath can place a great deal of stress on the person doing the helping. Where possible try to drop off and pick up parishioners etc in a car park or an area on level ground.
6. Suitability of the vehicle – we do not wish to introduce anymore hazards or risks into our lives and so it would be helpful, if possible, to not use a vehicles very low to the ground or very high off the ground, again, to reduce the risks involved with getting in and out of vehicles for the person getting in and out as well as the volunteer helping.
The volunteers’ motor vehicle is NOT covered by Diocesan Insurance hence why the vehicle will need to be insured by the owner, unless the vehicle is owned by the parish and is a registered part of the Anglican Insurance Program.Please see the information Bulletin attached from our insurers - ANIP/AON in particular the Sample Volunteer Driver Agreement
Q.3: - WHAT IS THE DIFFERENCE BETWEEN A FACULTY APPLICATION AND AN APPLICATION TO THE DPSU (DIOCESAN PROPERTY SERVICES UNIT) AND WHEN WOULD YOU USE ONE OVER THE OTHER? WOULD THERE EVER BE A SITUATION WHERE YOU WOULD NEED TO DO BOTH?
A.3: - A Faculty Application is used when a parish wishes to gain approval from The Bishop to install, add to, alter or remove, any fittings, furniture or ornaments of any church or grounds thereof that will last for a period of more than 6 months or will have a permanent effect. A Faculty Application must have the support of the Incumbent and the Parish Council or Parish Resourcing Team. Of course, you will need approval from The Bishop before any work can commence.For more information see the Diocesan Handbook Section 13.1, 13.2 and Form 13.2An application to the DPSU is used when a parish wishes to construct a new building or structure, make alterations and/or additions to an existing building or structure, do any work to a heritage building or grounds thereof, as well as anything that will require a Development Application (DA), or any works that will have a cost of over $25,000 ex GST. An example of an alteration and/or additions to an existing building or structure could be something like the construction of an access toilet (disabled toilet) within a Parish Office building.For more information see the Diocesan Handbook Section 13.1 and Form 13.9Would there ever be a situation where you would need to do both? – Yes if what your parish wants to do satisfies both criteria. For example if the parish wanted to install a series of Stained Glass Windows into a Heritage Listed Church building that was going to cost over $25,000 for instance.
Q.4: - THE (LOCAL) COUNCIL HAS SENT ON A LETTER REQUESTING OUR ANNUAL FIRE SAFETY STATEMENT. WHAT IS AN ANNUAL FIRE SAFETY STATEMENT, HOW DO WE GET ONE AND WHAT CAN HAPPEN IF WE DO NOT SEND IT IN TO THE COUNCIL?
A.4: - An Annual Fire Safety Statement is a letter from a qualified fire service provider that shows that the fire safety measures that are required to be in your buildings have been checked and tested and are in proper working condition. The company that handles your 6 monthly fire extinguisher tests and checks should be able to do this for you. If you do not send on the Annual Fire Safety Statement to your local council when requested, the council will normally send out one reminder letter and then if you haven’t sent in the statement by the new required date they will send you a rather large fine. The council will continue to send on fines until they receive an adequate Statement, so please ensure that you get these to the council on time if you are requested to.
Anglican Diocese of Newcastle | Level 3, 134 King Street (PO Box 817) Newcastle NSW 2300
If you have any queries regarding building, development, property, risk, WH&S, insurance or if you would like to offer some useful, helpful advice on a related subject found in the Newsletters please do not hesitate to contact me or Parish Services. Best regards,
Brendon Lowndes Property and Risk Officer
or if you have any WH&S specific questions you can e-mail me at: [email protected]
Q.5: - WORKING WITH CHILDREN CHECKS – WHO HAS TO HAVE ONE? AND WHICH ONE DO WE NEED TO GET?
A.5: - Please see an extract from Section 15.1, Safe Ministry Policy of The Diocesan Handbook “Working with Children Check”, which is set out below;“WORKING WITH CHILDREN CHECKThe Child Protection (Working with Children) Act 2012 requires all employees, volunteers, clergy and other like religious leaders within the Diocese of Newcastle to complete a Working with Children Check (WWCC) if they are involved in direct physical or face-to-face contact with people under the age of 18. The new check will be valid for five years, and is required for:• All clergy (licensed, with permission
to officiate and retired);• All authorised lay ministers,
including licensed members of a Ministry Team, lay liturgical assistants and authorised lay preachers;
• All SRE teachers;• All paid workers with children and
youth;• All voluntary workers with children
and youthwho undertake spiritual or religious leadership and have (or may have) contact with children.The Parish must maintain a record for all of the above categories and a record for any person volunteering in children’s activities (aged 18 and over) who is not volunteering in an activity with their own children.The Office of the Children’s Guardian is phasing in the requirement for this
new Working with Children Check and all people are required to make an application by 31 December 2013. Once the on-line application has been completed a WWCC number will be issued by the Commission. This number must be advised to the Diocese on the attached form for the following:• All clergy (licensed, with permission
to officiate and retired);• All licensed members of a Ministry
Team;• All authorised lay ministers, lay
liturgical assistants and authorised lay preachers;
• All remunerated children and youth workers and all volunteer children and youth workers (working in excess of 7.5 hours per week);
• All SRE teachers.”I would also say that “all paid workers” should include any workers outside our parish volunteers/workers, such as scheduled cleaners, gardeners,
regular maintenance workers, etc who would, through their work in the parish, regularly come into contact with children. The only Working with Children Check that is recognised by The Anglican Diocese of Newcastle is the Working with Children Check which is obtained from The Office of the Guardian at; www.kids.nsw.gov.auFor more information see the attached WWCC flyer and the Diocesan Handbook Section 15.1
Anglican National Insurance Program (ANIP)
Information Bulletin Volunteer Use of Motor Vehicles
1
Volunteer Use of Motor Vehicles
Your organisation is legally responsible for the safety of your volunteers and may also be legally responsible for the actions of your volunteers that cause injury to others or property damage. Your organisation owes its volunteers certain legal obligations to provide and maintain a safe working environment. There are also laws which provide that, in certain situations, your organisation will be held legally responsible for the actions of its volunteers. Therefore, it is crucial for your organisation to have good volunteer management practices, policies and insurance in place. This information bulletin provides a general guide when volunteers use their own motor vehicle on your organisation’s behalf. Screening volunteer drivers Screening volunteer drivers is an important risk management process. Organisations that use volunteer drivers must determine the level of screening that is appropriate for the role that volunteer drivers will play. For instance, drivers who transport clients, especially minor children, people with disability or mobility challenges and those transporting multiple clients in vans, should be subject to much more stringent screening, background checking, and supervision, than a volunteer who drives his or her own car for deliveries or collections on your behalf. The age of a driver can always be a challenging discussion and is not as simple having a policy that people over a certain age cannot be a volunteer driver. Each volunteer should be assessed for their individual capabilities against the volunteer work and the motor vehicle they intend on using. Basic core qualifications These should be requested as a minimum and on an annual basis. Every driver should be asked to provide proof of: • A valid and current driver’s license; • Current motor vehicle registration; • Current Compulsory Third Party Insurance. Training To avoid injury to volunteers and the parties they are transporting, training in proper lifting and handling techniques if a passenger requires assistance in and out of the vehicle should be considered. The volunteer may also need training in relation to dealing with medical emergencies that may arise while transporting a client or member of the congregation.
Anglican National Insurance Program (ANIP)
Information Bulletin Volunteer Use of Motor Vehicles
2
Volunteer Driver Agreement Consider using a Volunteer Driver Agreement to manage your volunteer drivers’ expectations and enlist their cooperation for a safe transportation program. This should include the following: Create Guidelines for Conduct There are a host of issues that should be addressed with volunteers, such as how and whether they are responsible for assisting passengers in and out of vehicles, whether they should be alone and how many passengers may be transported at one time. Insurance Coverage It is important to note that insurance for damage to the volunteer’s vehicle and/or damage to third party property including other vehicles plus Compulsory Third Party (CTP) Insurance is the volunteer’s responsibility. The ANIP Motor Vehicle Fleet Insurance does not provide coverage. Incident and Accident response Volunteers need to know what emergency procedures to follow if there is an accident while they are driving on your behalf and simple procedures for keeping themselves and any passengers, as safe as possible. Sample - Volunteer Driver Agreement As a volunteer for [Name of organisation], I understand that my safety and the safety of others is paramount. I understand that driving as a volunteer is a privilege, not a right and therefore, I agree to: 1. Provide evidence of my current drivers licence; 2. Comply with all of [Name of organisation]’s policies and procedures and any directions provided
by my supervisor; 3. Have current Compulsory Third Party Insurance for my vehicle; 4. Comply with all laws and regulations concerning driving, including laws pertaining to the use of
seat belts, child safety seats, mobile phone use, and speed limits; 5. My vehicle is road worthy, safe and appropriate for the intended use; 6. Promptly notify my supervisor of anything that might affect my safety or the safety of those I am
driving; 7. Insurance for damage to my vehicle and/or damage to third party property including other
vehicles is my responsibility and not [Name of organisation]; 8. If involved in an accident, I will advise my supervisor as soon as it is safe to do so and to
cooperate with the police and my supervisor.
Name __________________ Signature_________________ Date____________________
Volunteers
The new Working With Children Check applies to volunteers as well as paid workers. If you are over
18 and you volunteer in child-related work, you need a Working With Children Check (unless you
qualify for an exemption – see information below).
For the purposes of a Working With Children Check, a volunteer is someone who does not receive
payment for their work. If you receive any payment for your work (e.g. a stipend or per diem
payment), you must apply for a Working With Children Check for paid workers.
Reimbursement for out of pocket expenses does not constitute payment.
What is child-related work?
Only child-related workers are required to have a Working With Children Check. If you are not sure
whether your work is child-related, refer to the FACT SHEET: What is child-related work?
Alternatively, take our short, online quiz, Do you need a Check? available from
www.newcheck.kids.nsw.gov.au.
Non child-related work
Part 2 of the Child Protection (Working with Children) Regulation 2013 sets out specific examples of
work that is NOT child-related:
a) work as a student in the course of a student clinical placement in a hospital or other health
service is not child-related work
b) work as a referee, umpire, linesperson or otherwise as a sporting official or a groundsperson
is not child-related work, if the work does not ordinarily involve contact with children for
extended periods without other adults being present
c) providing food or equipment at or for a sporting, cultural or other entertainment venue or
providing a venue is not child-related work
d) work in providing respite care or other support services primarily for children with a disability
is child-related work; however, the work is not child-related work if the work does not
ordinarily involve contact with children for extended periods without other adults being
present.
Exemptions
Parents or close relatives of a child who volunteer:
in activities for the child’s school, early education service or other educational institution OR
with a team, program or other activity in which their child usually participates or is a team
member
August 2013
are exempt, provided the work is not part of a formal mentoring program and does not involve
intimate personal care of children with a disability):
For a list of all exemptions, see the FACT SHEET: Exemptions.
When to apply
All volunteers (including new volunteers) will be phased in to the new Check over the next
five years, according to their industry sector. To find out when you will need to apply for the
new Check, find your industry sector on the FACT SHEET: Phase in schedule.
How to apply
To apply for a Working With Children Check, you must first fill in an online application form,
and then present proof of your identity at a NSW motor registry or NSW Council Agency.
The application process is explained in detail in the FACT SHEET: How to apply. Please
allow up to four weeks for your results. See FACT SHEET: When will I receive my results?
What type work will the volunteer Check cover?
A volunteer Working With Children Check is free but it only covers unpaid work. Other child-
related workers who are not required to pay a fee for a Working With Children Check include:
students over 18 on a professional placement
potential adoptive parents
authorised carers
adults who reside in the home of:
- an authorised carer
- a home-based education and care service provider.
- a family day care service provider
If you perform any paid child-related work, you MUST apply for a Check for paid workers –
even if the paid work is only for a few days. From your first day of paid, child-related
work, you will have 30 days to upgrade your volunteer Check to a Check for paid
workers.
How to upgrade your volunteer Check to a paid worker Check
You only need ONE Working With Children Check. If you volunteer and have a paid role working
with children, the Check for paid workers will cover you for both. A Working With Children Check
for paid workers costs $80 for a five year clearance ($16 per year). The upgrade process is
explained in detail in the FACT SHEET: Changing from a volunteer to a paid worker.
Disclaimer: The material provided in this Fact Sheet is an information source for the guidance of users only. Every effort has been made to ensure that the information is accurate, current and not misleading. However, this cannot always be guaranteed and no warranty is given that the information is free from error or omission. Users should exercise their own skill and care with respect to the use of the material. The information is also not a substitute for independent legal or other professional advice and users should obtain appropriate professional advice relevant to their particular circumstances. The Office of the Guardian does not guarantee, and accepts no legal liability whatsoever for any act done, omission made, loss, damage, cost or inconvenience arising from, connected to, or as a consequence of, using or relying on the material contained in this Fact Sheet.
