CRIMINAL HISTORY SCREENING POLICY

DATE OF IINTERNAL MANAGEMENT COMMITTEE (IMC) ENDORSEMENT / July 2017
ORIGINAL ISSUE DATE
DATE TO BE REVIEWED / July 2018
CONTACT / Internal Management Committee
POLICY NUMBER / VERSION / Version 1

POLICY STATEMENT

This policy is in place to ensure that ORGANISATIONS NAMEmeets the requirements of the Disability Services Act 2006 to ensure that all persons engaged by ORGANISATIONS NAMEundertake mandatory criminal history screening and renew every three years.

This policy is to safeguard Queenslanders with disability who become participants of NDIS to ensure have the same level of safeguards as people with disability who are currently receiving specialist disability services funded by the Department of Communities Child Safety and Disability Services.

PURPOSE

This policy is to provide guidelines to facilitate the recruitment of suitable and appropriate workers and volunteers engaged in providing services to persons with a disability.

SCOPE

This policy is universal and applies to employees, volunteers, students, agency workers, executive officers and members of a board, management committee or other governing bodyORGANISATIONS NAME

Exemptions from criminal history screening

Pursuant to the Disability Services Act 2006, the following individuals are exempt from criminal history screening:

  • A consumer of services (clients)
  • Tradesperson who is not an employee of the service
  • A relative of a consumer (client) only providing care for their relative
  • A person providing disability services only to children (these persons are screened under the blue card system)
  • A registered health practitioner.

RESPONSIBILITIES

Manager

a)The manager will apply for a criminal history check on behalf of each engaged person of ORGANISATIONS NAME.

b)The manager is responsible for seeking the person's consent to conduct criminal history screening.

c)A copy of the consent from is to be filed in every employees file.

d)The manager will submit applications to the Department of Communities, Child Safety and Disability Services either by mail or electronically.

e)Applications must be on the approved forms“Form 10-6”and signed by the service provider and the engaged person.

f)Application forms are also available on request by phoning the Criminal History Screening Hotline on 1800 183 690.

Criminal history screening process

a)A person can consent to more than one application through different service providers at around the same time.

b)The department will advise both service providers who have submitted an application of the outcome of the screening process.

c)The department will forward the application to the Queensland Police Service for a national check of the person's criminal history.

d)The department will use the information to determine whether or not a person should be engaged by a department funded non-government service provider or a NDIS non-government service provider.

e)A decision to issue either a positive or negative notice will be made by the Director-General of the department.

f)A positive notice means a person can work for a department funded non-government service provider or a NDIS non-government service provider.

g)A positive notice remains current for three years from the date of issue unless it is suspended or cancelled earlier due to a change in criminal history. A person who wishes to continue working for a department funded non-government service provider or a NDIS non-government service provider can apply to renew their positive notice and Yellow Card up to 3 months before its expiry date.

h)A negative notice means that a person cannot work for a department funded non-government service provider or a NDIS non-government service provider.

i)Service providers can engage a paid employee once an application has been submitted. However, if a negative notice is issued, this will have an impact on the person's continued engagement with the organisation.

j)A monitoring system with Queensland Police is in place whereby the department is notified if a Yellow Card holder is charged with an offence during the screening period. A cardholder charged with a serious offence of a sexual nature will have their Yellow Card suspended. Other cardholders with a change in criminal history undergo a reassessment process.

DEFINITIONS

1.Obligations of non-government service providers

  • Under the Disability Services Act 2006, the service provider cannot engage or continue to engage a person unless an application for a prescribed notice is submitted.
  • A service provider cannot engage a person who holds a current negative notice.

2.When can I start working for a service provider?

  • Paid employees may start employment at a service outlet (a place where specialist disability services are provided) once their application for an exemption has been made.
  • Volunteers who hold a current blue card may also start employment at a service outlet once their application for an exemption has been made.
  • A service provider cannot engage a person who holds a current negative notice or negative exemption notice.

3.Application for a blue card and positive exemption notice at the same time.

  • Persons seeking to be engaged by a department funded non-government service provider or an NDIS non-government service provider to provide services to both adults and children with a disability can apply for a blue card and a yellow card exemption at the same time.
  • Applicants can apply for a blue card and yellow card exemption by completing a Blue card application and request for yellow card exemption (Y) form, found under the Disability services application forms section of the Blue Card Services. website.

4.Screening?

  • An application for criminal history screening must be made before a person starts work at the service outlet.
  • Criminal history screening will be conducted every three years for each person who continues to work for a Department of Communities, Child Safety and Disability Services funded non-government service provider or a NDIS non-government service provider.
  • If there is a change in a person's criminal history, that person is required to notify the service provider of the change in history. The service provider must then submit another application for criminal history screening if they wish to continue to engage the person.

5.Working for more than one Department of Communities, Child Safety and Disability Services funded service provider or NDIS non-government service provider?

  • The Department of Communities, Child Safety and Disability Services will keep a register of all applications. Only one criminal history check will be conducted and only one positive notice letter and card will be issued. All service providers who have submitted applications for screening will be advised of the outcome.
  • If a person has already undergone criminal history screening in the previous three years, they may show their positive notice or yellow card as evidence. In this case, the service provider does not need to submit an application for screening, but must contact the department to confirm the positive notice and yellow card are current and the person is able to work at their service outlet. In this case, Form 10-6 should be used to verify a positive notice card has been issued.

6.What criminal history information will the Department of Communities, Child Safety and Disability Services obtain?

  • Criminal history screening is a national check of a person's entire criminal history. This includes all charges and convictions from across Australia, including when no conviction is recorded. In some cases, this may include information about current or past investigations into certain types of offences.
  • The Disability Services Act 2006 overrides the Criminal Law (Rehabilitation of Offenders) Act 1986, which would usually prevent disclosure of all but serious charges or convictions after a certain period of time.

7.How will the Department of Communities, Child Safety and Disability Services use the information?

  • The department will use the information it receives to determine whether or not a person should be employed by a department funded non-government service provider at a service outlet.
  • This decision will be made by the Director-General of the department. Staff from the department's criminal history screening area will assist the Director-General in this work.
  • In some instances, if a person has a criminal history, no final decision about a person's eligibility for employment will be made until the person has been advised and has had the opportunity to provide further information (a submission) in response to the department.
  • Once a decision is made a person will be issued with either a positive or a negative notice. These terms are explained below.

8.Offences that will affect the decision?

  • Where a person has no criminal history, a positive notice will be issued. However, having a criminal history does not automatically affect a person's engagement.
  • The Disability Services Act 2006 identifies some disqualifying offences, which automatically preclude a person from being issued with a positive notice.

-If a conviction for one of the disqualifying offences appears in a person's criminal history, or if the person is subject to certain offender reporting or prohibition orders, the person is known as a disqualified person.

-It is an offence for a disqualified person to apply for a prescribed notice.

Positive notice

  • A positive notice means a person can work for a Department of Communities, Child Safety and Disability Services funded non-government service provider or a NDIS non-government service provider at a service outlet (a place where specialist disability services are provided).
  • If an application for criminal history screening is approved, a person will receive a positive notice and a Yellow Card.
  • The Yellow Card is evidence that a positive notice has been issued to that person. The letter will detail all the obligations of the person in relation to criminal history screening. Both should be kept safe.
  • A positive notice remains current for three years from the date of issue, unless it is suspended or cancelled earlier because of a change in criminal history.
  • Prior to the positive notice expiry date, the person must apply (through their service provider) for a renewal of their positive notice.

Negative notice

  • A negative notice means that a person cannot work for a Department of Communities, Child Safety and Disability Services funded service non-government provider or a NDIS non-government service provider at a service outlet (a place where specialist disability services are provided).
  • It is an offence for a department funded non-government service provider or a NDIS non-government service provider to employ a person with a negative notice at a service outlet.
  • A negative notice remains current indefinitely unless it is cancelled or is successfully appealed through the Queensland Civil and Administrative Tribunal. A negative notice can only be appealed in certain circumstances.

Disagree with the decision

In most cases, if the person disagrees with the Director-General's decision to issue a negative notice, they may lodge an appeal with the Queensland Civil and Administrative Tribunal for a review of the decision.

Confidentiality of criminal history information.

  • There are strict arrangements in place to ensure the confidentiality of personal information.
  • Information obtained through criminal history screening will only be made available to the individual and those officers responsible for making a decision. It is unlawful for these officers to disclose the information to third parties.
  • The service provider will be advised of the decision that is made on the basis of a person's criminal history. They will not be provided with any information about the history or the reasons for the decision. All information will be stored safely and securely.

Commencing working for a service provider

  • Paid employees may start employment at a service outlet (a place where specialist disability services are provided) once an application for criminal history screening has been made.
  • Volunteers must await the outcome of their screening application (that is, a positive notice and Yellow Card must have been issued) prior to commencing duties within a service outlet.
  • A person can also be employed if they have been previously screened under the Disability Services Act 2006 and hold a current positive notice and Yellow Card. A person cannot start work if they hold a current negative notice.

CRIMINAL HISTORY SCREENING POLICY relates to:
HSQF Standards / Standard 4: Safety, wellbeing and rights
Standard Indicators: 4.1, 4.2, 4.3, 4.4, 4.5
Legislation orother requirements / -Disability Services Act 2006
References / -Critical Incident Reporting Policy
-Complaints Policy
-Code of Conduct Policy
-Confidentiality Policy
-Abuse, Neglect, and Exploitation Policy
Templates / -Application for criminal history screening - prescribed notice (yellow card) Form 10-1

Criminal History Screening Policy Organisation Name

Version 1_ July 2017

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