Department of Human Services
Disability Worker Exclusion Scheme use of labour hire staff instruction for disability residential service providers
October 2014
Disability Worker Exclusion Scheme Use of labour hire staff instruction for disability residential service providers
October 2014
1
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October 2014
Disability Worker Exclusion Scheme Use of labour hire staff instruction for disability residential service providers
October 2014
1
Contents
1.The Disability Worker Exclusion Scheme
1.1Overview
1.2Purpose
1.3Further information
1.4Additional guidelines
2.Obligations when hiring or using labour hire agency staff
3.Procedure for using agencies who comply with the requirements of the scheme
3.1Use of authorised agencies
3.2Use of agencies not authorised by the department
3.3Obtaining authorisation for labour hire agencies
4.Loss of approved status
5.Notifications involving labour hire agency staff
6.Glossary
Disability Worker Exclusion Scheme Use of labour hire staff instruction for disability residential service providers
October 2014
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1.The Disability Worker Exclusion Scheme
1.1Overview
The Disability Worker Exclusion Scheme (the scheme) provides a mechanism to collect, store and use information about people who are deemed unsuitable to work with clients in disability residential services.
It is designed to protect clients and staff by ensuring that people who are found to be unsuitable are placed on a Disability Worker Exclusion List (the list) and prevented from obtaining further employment in a direct support role in disability residential services with the Department of Human Services (the department) or an organisation funded or registered by the department.
Service providers are required to check prospective workers against the list before a person is allowed to work in a direct support role in a disability residential service or have access to clients of disability residential services and to notify the Disability Worker Exclusion Scheme Unit (the unit) if they become aware that a worker, or a prospective worker, may satisfy the Disability Worker Exclusion List criteria (criteria) for placement on the list. A copy of the criteria is set out in Appendix 1.
The requirements imposed apply to all people who work in direct support roles at disability residential services that are provided, funded or registered by the department, regardless of their employment status. This means that the requirements of the scheme also apply to labour that is provided to service providers by labour hire agencies.
1.2Purpose
The purpose of the Disability Worker Exclusion Scheme Use of labour hire staff instruction for disability residential service providers,October 2014(labour hireinstruction) is to set out the requirements of the scheme when using staff provided by labour hire agencies. It is to be read in conjunction with the Disability Worker Exclusion Scheme management instruction (the instruction) and other relevant departmental instructions, guidelines and policies including the the Service agreement information kit for funded organisations (section 4.6) and the Safety screening policyfor Department of Human Services staff.
1.3Further information
Further information regarding the operation of the scheme can be found at
1.4Additional guidelines
The department may issue supplementary guidelines and other guidance material which support this labour hire instruction.
2.Obligations when hiring or using labour hire agency staff
The scheme applies to all people who work in direct support roles at disability residential services directly provided, funded or registered by the department, regardless of their employment status. Service providers must ensure that any labour hire agency staff engaged to work at their organisation in a direct support role are not on the list before they commence work in a direct support role. Service providers are not excused from obligations arising under the scheme by virtue of the fact that workers are provided by a third party.
The department recognises that labour hire agency staff are often employed in circumstances where checking the list may be difficult or impracticable – for instance, because there are last minute staff shortages. The department has prepared these guidelines in order to assist service providers to meet their obligations under the scheme.
Service providers will have two options when using labour hire staff. These options are as follows:
Option 1:to undertake their own checks in respect of temporary workers hired via labour hire agencies who are placed in disability residential services; or
Option 2:to use an authorised labour hire agency that complies with the requirements of the scheme and undertakes all relevant checks of workersincluding against the list.
However, regardless of whether checks are undertaken by service providers or by labour hire agencies:
- checks against the list and all other safety screening checks identified in section 4.6 of the Service agreement information kit for funded organisationsorthe Safety screening policy for Department of Human Services staff must be undertaken before the first occasion upon which a temporary worker isplaced with a service provider; and
- checks against the list in respect of temporary workersmust be undertaken thereafter at least once in every 12 month period where a worker continues to be placed with a service provider (either on a continuous or intermittent basis).
Where service providers rely on labour hire agencies to conduct relevant checks (option 2 outlined above), the department requires a service provider to follow the procedure set out in part 3 below.
3.Procedure for using agencies who comply with the requirements of the scheme
3.1Use of authorised agencies
There are a number of labour hire agencies who have agreed to comply with the requirements of the scheme. Service providers may engage staff from such agencies, and rely upon checks undertaken by these agencies in respect of a particular worker, provided that the following applies:
•the labour hire agency must be named as being an authorised agency at at the time of placement
•the service provider must receive a written confirmation from the labour hire agency prior to the first occasion that the temporary worker is placed with the service provider specifying:
–that the worker is aware of and has consented to their participation in the scheme
–the date when the worker’s name was checked against the list and confirmation was received from the unit that the worker’s name was not on the list
–that the requirements of the department’s safety screening policies have been met and the date when screening took place, including when the results of a police record check was received, and the outcome of that check
–that the labour hire agency is not aware of any notifications or preliminary notifications in respect of the worker, and that the agency consents, and the worker has given their consent, to the service provider notifying the unit in respect of the worker if they become aware of circumstances requiring notification or preliminary notification under the scheme.
A copy of the suggested pro forma confirmation that a service provider should receive from a labour hire agency is set out in Appendix 2.
A copy of the confirmation received should be retained by service providers for a minimum period of sixyears.
This initial confirmation is only required to be obtained for each worker before the first occasion upon which the worker is placed with the service provider.However, checks against the list must be undertaken at least once every 12 months thereafter. This means that, after the first occasion upon which a temporary worker is placed with a service provider, written confirmation must be obtained at least once in every 12 month period that a check against the list has been undertaken. A copy of the suggested pro forma confirmation that a service provider should receive is set out in Appendix 3.
A copy of the annual confirmation received should also be retained by service providers for a minimum period of sixyears.
Where service providers have service agreements in place with labour hire agencies, it may be necessary for those agreements to be amended in order to reflect these new requirements.
As set out above, authorised agencies are named at Service providers must therefore check to ensure that an agency’s authorisation remains current at the time of placement, as the list of authorised agencies may change from time to time.
3.2Use of agencies not authorised by the department
Service providers may use labour obtained from agencies that have not been authorised by the department. However, in such circumstances service providers must undertake their own checks against the list or, alternatively, arrange for their agency to become an authorised agency.
Checks of labour hire agency staff against the list only need to be done once every 12 months.
3.3Obtaining authorisation for labour hire agencies
Labour hire agencies that are used by service providers may apply to become authorised agencies. Generally, this will involve the agency satisfying the department that it is aware of and understands the requirements of the scheme, and undertaking to implement the requirements of the scheme.
If the department is satisfied that an agency is able to meet these requirements, that agency will be asked to enter into an agreement with the department.
To find out more information about how an agency may become an authorised agency under the scheme, please contact the Disability Worker Exclusion Scheme unit at or on (03) 9096 3203.
As set out below, agencies may lose their authorised status in the event that they fail to comply with the requirements of the scheme. Agencies that lose their authorised status will no longer be named at Service providers must therefore check to ensure that an agency’s authorisation remains current at the time of placement by checking this list.
4.Loss of approved status
Agencies that fail to comply with the requirements of the scheme may lose their authorised status at the department’s sole discretion.
5.Notifications involving labour hire agency staff
Service providers are required to provide the department with notifications or preliminary notifications in respect of staff provided by labour hire agencies if they become aware that a worker may satisfy the criteria for placement on the list. In addition, when giving notice to the unit, notice of the notification or preliminary notification should also be given to the employing labour hire agency by the service provider.
6.Glossary
criteriaThe Disability Worker Exclusion List criteria.
departmentDepartment of Human Services.
guidelinesDisability Worker Exclusion Scheme operational guidelines.
instructionDisability Worker Exclusion Scheme management instruction.
listDisability Worker Exclusion List.
notificationA notification by a service provider, notifying the unit that a worker has engaged in conduct which may fall within the criteria. A notification is to be made to the unit using the ‘Disability Worker Exclusion Scheme notification form’, which can be found at
preliminary notificationA preliminary notification is a notification by a service provider which is made to the unit within five days of an investigation commencing into a worker, where that investigation involves allegations of conduct which, if proven, would fall within the criteria. A preliminary notification is to be made to the unit using the ‘Disability Worker Exclusion Scheme notification form’, which can be found at
service providerAn organisation that provides disability residential services within the meaning of theDisability Act 2006that are directly provided, funded orregistered by the department.
schemeDisability Worker Exclusion Scheme.
SecretarySecretary of the Department of Human Services.
unitDisability Worker Exclusion Scheme unit.
workerAny worker, employee, contractor, job applicant or volunteer who provides or is seeking to be involved in providing direct support to clients in a disability residential service within the meaning of the Disability Actthat are directly provided, funded or registered by the department.
Appendix 1: The Disability Worker Exclusion List criteria
The Disability Worker Exclusion Listcriteria (criteria)are:
- where a person has been found guilty of any offence, regardless of whether they are imprisoned, which:
- involves bodily harm,
- involves violence or threats of violence,
- is of a sexual nature,
- involves dishonesty,
or
- involves neglect of a person in their care.
- where a person’s employment has previously been terminated for conduct which includes abusing a client, sexual misconduct with a client or otherwise placing a client at risk of serious harm, including where such conduct occurred in an area outside disability services, for example in a school or a nursing home, regardless of whether there was a criminal prosecution
- where a person has been the subject of a workplace investigation because of an allegation relating to conduct falling within paragraphs (a) or (b) above,but has resigned before that investigation has been concluded
- where there are reasonable grounds to consider that the engagement of the person in a direct support role would represent a risk to the health, safety or welfare of a client, which may include circumstances such as where a person has been found guilty of an offence which does not fall within paragraph (a).
A person only needs to fall within one of the above criteria to be considered for placement on the list.
Falling within one of the above criteria means that a person will be considered for placement on the list but does not mean that the person will be automatically placed on the list.
Disability Worker Exclusion Scheme Use of labour hire staff instruction for disability residential service providers
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Appendix 2:Suggested proforma confirmation from labour hire agency
[date]
[name and addressee details]
Dear [name]
Confirmation of Disability Worker Exclusion Scheme compliance
In respect of [name] (proposed worker), I confirm as follows:
Please tick relevant boxes*
All requirements of the department’s Disability Worker Exclusion Scheme and the Service agreement information kit for funded organisations (section 4.6) have been met.
The proposed worker has a current first aid and cardio-pulmonary resuscitation certificate (CPR).
[Amend as necessary in line with requirements of department/service provider]
The proposed worker has the following qualifications:
[Insert list of requirements and qualifications specified by the department/service provider at time job booked for example, has a current driver’s licence or meets any specific requirements related to a resident or house]
The proposed worker has agreed to be bound by the operation of the Disability Worker Exclusion Scheme, including that their name will be checked against the list and that they may be excluded from employment if they are placed on the list.
The proposed worker has undergone a criminal records check. The results of this check were obtained on [date] and
EITHER
A criminal records check has been undertaken and no offences have been disclosed on that check
OR
A criminal records check has been undertaken and the following offences have been disclosed on that check:
[Please list]
[Where offences disclosed consultation should occur with the service provider prior to placement]
The proposed worker has confirmed that they are not on, and the agency has no knowledge of the proposed worker being on, the Disability Worker Exclusion list and that there are no current notifications, or preliminary notifications, which have been made about them to the department under the Disability Worker Exclusion Scheme.
The proposed worker has signed a statutory declaration confirming that they have disclosed all relevant matters.
The name of the proposed worker has been checked against the Disability Worker Exclusion list. The results of this check were obtained on [date].
Signed:
Title:
Date:
* In order to satisfy the requirements of the Disability Worker Exclusion Scheme and for a placement to proceed, all of boxes 1 to 5, one of boxes 6 and 7 and all of boxes 8 to 10 must be ticked.
Disability Worker Exclusion Scheme Use of labour hire staff instruction for disability residential service providers
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Appendix 3: Suggested proforma annual confirmation from labour hire agency following initial placement
[date]
[name and addressee details]
Dear [name]
Annual confirmation of Disability Worker Exclusion Scheme compliance
In respect of [name] (proposed worker), I confirm as follows:
Please tick relevant boxes*
The agency has no knowledge of the proposed worker being on, the Disability Worker Exclusion list and that there are no current notifications, or preliminary notifications, which have been made about them to the department under the Disability Worker Exclusion Scheme.
The name of the proposed worker has been checked against the Disability Worker Exclusion list. The results of this check were obtained on [date].
Signed:
Title: