Worker Carer Exclusion Scheme Investigations Panel

The Worker and Carer Exclusion Scheme (WCES) is established under Part 5 of the Social Services Regulation Act 2021 (SSR Act). WCES commenced on 1 July 2024 and replaced the previous processes for the disqualification of workers under the Children Youth and Families Act 2005.

Under Part 5, the Regulator has power to investigate the conduct of workers and carers and refer alleged conduct to an independent WCES Panel to determine whether a worker or carer should be excluded from providing services to children and young people because they pose an unjustifiable risk of harm to children and young people.

The Regulator can appoint independent investigators to consider allegations of conduct that could lead to exclusion under Part 5 of the SSR Act.

The scheme applies to:

• foster carers,
•  workers or carers providing care and services to children in residential out-of-home care services,
•  workers or carers providing care and services to children in Secure Care services.

Out-of-home care service providers that engage the above workers or carers are also in scope of the scheme.

A worker or carer can be excluded from providing a WCES service if they are found by a Panel to:

•  have engaged in conduct that can lead to exclusion, and
•  pose an unjustifiable risk of harm to children.

The Regulator is also able to issue an interim exclusion to a worker or carer while an investigation or panel process is underway.

Before engaging with a worker or carer for the first time, service providers are required to check with the Regulator if the person is on the excluded worker and carer database.

WCES Investigations

Division 3 of Part 5 of the SSR Act prescribes the circumstances in which the Regulator undertakes a preliminary assessment into the conduct of a WCES worker or carer. After the preliminary assessment, the Regulator may determine that the conduct be investigated as prescribed in Division 4 of Part 5 of the Act. Under the Act, an investigation can be carried on behalf of the Regulator by either an authorised officer, or an independent investigator.

Reporting rates to SSR have averaged between 25 to 35 investigations per year, although this is expected to increase with the expanded scope of WCES coverage.

The Social Services Regulator, SSR seeks the services of appropriately skilled and experienced independent investigators who are able to investigate and report on allegations regarding the conduct of an out of home care worker or carer. The report must include the findings of the investigation and the grounds for those findings.

The objective of this project is to establish a panel of investigators arrangement to conduct independent investigations into the conduct of a WCES worker or carer.