Running a business in Australia that employs and services children comes with significant responsibilities and obligations.
As a business owner, it is your duty to ensure that the children you work with are safe, healthy and happy. Here are some of the key obligations that you should be aware of when running a business that both employs casual underage workers and services children.
- Safety and Welfare: Your top priority should be to ensure that the children in your care are safe and well-cared for. This includes providing a safe and secure environment, implementing appropriate safety measures and ensuring that all staff are trained in child safety and welfare. This includes teaching underage casual staff about acceptable work practices – what is general knowledge for adults, may not be for teenagers. Any person will children will know that a teenager’s definition of appropriateness differs to that of adults in the workplace.
You should also have appropriate emergency plans in place, such as evacuation plans and procedures for dealing with injuries or illnesses.
- Compliance with Laws and Regulations: As a business owner, you must comply with all relevant laws and regulations related to the care and supervision of children. This includes licensing and registration requirements, as well as requirements related to health and safety, child abuse prevention and other relevant areas. You should regularly review and update your policies and procedures to ensure that they comply with current laws and regulations, and train your staff on those policies and procedures, including explaining why they are in place.
- Staff Qualifications and Training: You must ensure that all staff who work with children are qualified and properly trained. This includes providing appropriate training in child safety and welfare, as well as ensuring that staff are properly supervised and supported. You should also conduct background checks and reference checks on all staff members to ensure that they are suitable to work with children, and ensure they hold a working with children check. It is also recommended that you put in place rules around staff interaction with customers, such as rules around closed doors, rules around teenager staff dating teenager customers, always requiring multiple staff members to be present when in and around children and rules around hand positioning when assisting children with sporting activities.
- Child Protection: You have an obligation to protect children from harm, abuse, bullying and neglect. This includes implementing appropriate policies and procedures to prevent abuse, as well as responding appropriately to any allegations or reports of abuse or other inappropriate conduct, including what to do if parents contact you to discuss issues concerning their children that are alleged to have occurred at your premises. You should also have a clear reporting and investigation process in place for any incidents or suspicions of child abuse or inappropriate behaviour.
- Privacy and Confidentiality: You must respect the privacy and confidentiality of the children and families you serve. This includes ensuring that personal information is kept confidential, and that information is only shared on a need-to-know basis. You should also have appropriate policies in place for handling and storing sensitive information.
- Parental Involvement: You should encourage parental involvement and communication in the care and education of their children. This includes providing regular updates and feedback, as well as encouraging parents to participate in their child’s activities and learning experiences. You should also have clear policies in place for communication with parents, including channels for feedback and complaints.
In conclusion, running a business that employs and services children comes with significant obligations and responsibilities. As a business owner, you have an obligation to ensure that the children in your care are safe, healthy, and happy, and that you comply with all relevant laws and regulations related to child safety and welfare. By meeting these obligations, you can provide a valuable service to children and their families, and help to ensure that all children have the opportunity to reach their full potential.
If you have any questions regarding your obligations, or need assistance with drafting appropriate policies and protocols or navigating a particular issue, feel free to reach out to our business lawyers.