About this information sheet
This information sheet provides information for community services organisations and other registered out-of-home care services to assist with understanding and meeting therequirements of section 120 of the Children, Youth and Families Act 2005(the Act).
Section 120 of the Act
What are the requirements under section 120 of the Act?
Section 120 of the Act requires that a Disqualified Carer Check is undertakenon all prospective out-of-home carers prior to approving the person as a foster carer, or employing or engaging a person as a residential carer, or a provider of services to children in the residential facility.A Disqualified Carer Check is therefore a ‘pre-employment/ pre-engagement/pre-approval’ screening tool, and must have no disqualification restriction and be current at the time of employment, engagement or approval at the foster carer panel.
Community service organisations and other registered out-of-home care services have nominated staff (known as Carer Recorders)with access to the Carer Register who can undertake a Disqualified Carer Check for their organisation or service.
Checklist – questions and considerations for services to assist with meeting the Disqualified Carer Check and registration requirements
Considerations for managers
- Does your service have documented procedures outlining the roles and responsibilities of management and staff responsible for ensuring compliance with the carer registration requirements?
- Are relevant managers in your service familiar with the legislative and related carer registration requirements?
- Does your servicehave an audit plan and audit schedule for checking compliance with the carer registration requirements?
- Does your service have a documented procedureto ensure that safety screening, including a Disqualified Carer Check, is undertaken prior to approval of a person as a foster carer and engagement or employment of a person as a residential carer?
- Does a manager check that staff members undertaking the role of a Carer Recorder are able to undertake the role effectively prior to beginning data entry on the Carer Register?
- Does your service have nominated staff membersto provide backup support for a Carer Recorder in the event of leave taken?
- Do all staff nominated to undertake the role of a Carer Recorder have authorised access to the Carer Register?
- Are staff undertaking roster management (including after-hours service provision) familiar with the carer registration requirements and do they have access to an up-to-date list of the service’s registered residential carers?
Considerations relating to foster carers
- Are all members of any foster care panel you convene familiar with the requirement for a Disqualified Carer Check to be undertaken on a person and be clear and current, prior to the panel approving the person to be a foster carer?
- (a) Does your service have a checklist of requirements that must be met prior to approving a person as a foster carer?
Y/N
- Prior to your service approving a former foster carer from another service, is there a mechanism to confirm that your service has undertaken a Disqualified Carer Check on the person?
- Prior to placing a child or young person with anexisting foster carer, does your service check the Carer Register to ensure that the foster carer has already had a Disqualified Carer Check undertaken and is a registered carer?
Considerations relating to residential carers and providers of services
- Does your service’s pre-employment process and/or checklist include a requirement for a Disqualified Carer Check to be undertaken, and that the checkis clear and current, prior to employment?
- Does your service’s mechanism for authorising employment confirm, for the authorising officer, that the Disqualified Carer Check has been undertaken and is clear and current?
- Does your service have a reminder in place to ensure that carers have been registered on the Carer Register within 14 days of appointment?
Considerations relating to after-hours care staff
- Do all staff involved with the engagement of labour-hire staff in the after-hours period have access to the checklist/procedure for undertaking a Disqualified Carer Check?
- Does your service have a documented process that it undertakes, following an after-hours Disqualified Carer Check, to ensure that a Disqualified Carer Check is submitted through the Carer Register the next business day?
- Do your procedures stipulate that after-hours Disqualified Carer Checks should only be undertaken by a senior staff membersuch as unit supervisor, anauthorised after-hours service staff member or a management representative?
- Do your procedures stipulate that staff cannot undertake after-hours Disqualified Carer Checks on themselves?
- Do your procedures stipulate that after-hours Disqualified Carer Checks cannot be completed by temporary agency staff members?
More information
To receive this publication in an accessible format phone (03) 9096 8690 using the National Relay Service 13 36 77 if required.Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne.
© State of Victoria, Department of Health and Human Services,September 2017.
ISBN 978-0-7311-7082-1
Available at
For further information about the registration requirements for out-of-home carersplease go to the Registration of out-of-home carers page on the Department of Health and Human Services website
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