/ DGD18-001

Policy

National Police Check

Policy Statement

A National Police Check is one of a number of mandatory pre-employment requirements forall prospective staff in ACT Health.

  • This accords with Section 68 (2) of the Public Sector Management Act 1994 (which specifies that a person may only be appointed if the head of service (or their delegate) is satisfied on reasonable grounds that the person is suitable for appointment having regard to, among other things, whether they have any prior criminal convictions) and the ACT Government Protective Security Vetting Policy, and is detailed in ACTPS and ACT Health staff selection documentation.

In ACT Health, new staff must not commence work or a placementin ACT Health prior to a National Police Check and the issuing and assessment of a National Police Certificate,except in exceptional circumstances.

Should a person be required to commence employment prior to the completion of this process, the delegate must ensure compliance with ACT Health’s risk mitigation practices and guidance, and must obtain written approval from one of the following:

  • Director-General;
  • Deputy Director-General, Quality, Governance and Risk; or
  • Executive Director, People and Culture.

ACT Health will accept a National Police Certificate from the Australian Federal Police, the National Police Checking Service, State Police, and accredited organisations, provided it is dated no more than six months prior to the date of offer of employment.

All current staff must notify their supervisor, in writing, of any new offence that would appear on a National Police Certificate. Failure to do so may result in disciplinary action or dismissal. (In the case of people on clinical placement, they must notify their education institution placement office.)

Staffworking in certain areas, such as programs funded by the Commonwealth under the Aged Care Act 1997 (e.g. Transition Care Program and Aged Care Assessment Program), must undergo a new National Police Check every three years.

Students and others on clinical placement are not required to obtain a new National Police Certificate for each placement, but under the terms of ACT Health’s placement deed with educational institutions, the institutions must ensure that they are informed of any new offences before the commencement of each new placement, and inform the Clinical Placement Office accordingly. A new National Police Certificate must be obtained after three years.

Purpose

The purpose of this policy is to protect ACT Health’s clients and employees, and reduce the reputational risk to ACT Health, by putting in place arrangements that identify prospectivestaffwho have convictions that would prevent them being deemed ‘suitable for appointment’ (Section 68 of the Public Sector Management Act1994).

The policy ensures that no employmentor placement is confirmed prior to the receipt and assessment of a National Police Certificate, unless in exceptional circumstances.

Scope

This policy covers all prospective and current staff (see definition of ‘staff’)engaged by or on placement within ACT Health.

This policy does notencompass the Working with Vulnerable Persons Check, which is an additional requirement under the Working with Vulnerable People (Background Checking) Act 2011.For further information see the ACTPS Working with Vulnerable People (Background Checking) Policy.

Roles and Responsibilities

The Director-General or Delegate is responsible for:

  • Certifying that prospective staff are fit and proper persons to be appointed or accepted for placement in regard to prior criminal convictions; and
  • Approving a person to commence working in ACT Health prior to a completed National Police Check.

The Executive Director People and Cultureor Delegate is responsible for:

  • Receiving and assessing National Police Checks to ensure consistency of application of the policy;
  • Meeting with prospective staffwho have prior criminal convictions to discuss offences which may cast doubt on their suitability for appointment (alternatively the prospective employee may provide a written response to the Executive Director,People and Culture);
  • Assessing recorded convictions and providing advice to the Delegate regarding:
  • The nature and seriousness of the offence;
  • The number and frequency of the offences; and
  • The amount of time that has elapsed since the offence.
  • In the case where the person is found to be unsuitable for appointment or employment, withdrawing the offer and notifying the applicant in writing that they have been assessed as unsuitable on the basis of an assessment of the findings from the police check.

People and Cultureis responsible for:

  • Advising managers and employees of the application of the policy;
  • Ensuring that no prospective staff member commences work with ACT Health prior to the issuing and assessment of a National Police Certificate;
  • Ensuring that National Police Certificates are held on the employee’s personnel file; and
  • Liaising with the managers of areas that require regular, ongoing National Police Checks to ensure that request forms are distributed to employees.

Managersare responsible for:

  • Informing staff of this policy and their responsibility to declare new matters that would fall within the scope of a National Police Certificate;
  • In areas where regular, ongoing National Police Checks are required, maintaining a database of employees who are required to have regular, ongoing National Police Checks;
  • Ensuring that all necessary records are maintained in relation to police checks required of staff that they manage; and
  • Ensuring that requests for National Police Checks are submitted in a timely manner,allowing sufficient time for processing of the application. (At least ten working days should be allowed from the day the Recruitment team receives the paperwork from the prospective employee to completion of the National Police Check process.)

Staffare responsible for:

  • Submitting an application for a National Police Check when required;
  • Completing the National Police Check paperwork truthfully and accurately; and
  • Informing their supervisor in writing, of any new offence that would appear on an updated National Police Check.

The Clinical Placement Office (CPO) is responsible for ensuring that:

  • Through their educational institutions, students and others seeking clinical placement are informed of this policy and their responsibility in regard to obtaining National Police Checks;
  • All clinical placement deeds mandatea completion of a National Police Check prior to the commencement of any placement;
  • Prior to the commencement of any person in a placement, educational institutions confirm in writing that:
  • a Police Check has been undertaken;
  • details of any matters revealed in the police check are forwarded to the CPO for assessment; and
  • where the police check was not conducted immediately prior to the placement, that the person has confirmed that no matter has occurred since then that would appear in a new police check;
  • Any matters revealed in a police certificate are forwarded to People and Culture for assessment and decision.

Students and others on clinical placement must:

  • Submit an application for a National Police Check when required;
  • Complete the National Police Check paperwork truthfully and accurately;
  • Inform their educational institution placement office in writing of any new offence that would appear on an updated National Police Check.

Evaluation

Outcome Measures

  • Prospective and current employees understand their rights and responsibilities in relation to National Police Checks;
  • National Police Checks are obtained prior to staff commencing duty;
  • Paperwork seeking National Police Checks is submitted in a timely manner so as not to delay finalisation of recruitment action;
  • In those areas where regular, ongoing National Police Checks are required, National Police Certificates are renewed prior to the expiration date; and
  • Compliance with requirements of the Commonwealth’s Aged Care Act 1997.

Method

  • Maintenance of a database by relevant line area managers of employees who require regular, ongoing National Police Checks; and
  • Maintenance of records by People and Culture, the Clinical Placement Office and other areas that enable measurement of performance against these outcome measures.

Related Policies, Procedures, Guidelines and Legislation

Legislation

All ACT Public Service Enterprise Agreements 2013-2017

Public Sector Management Act 1994

Aged Care Act 1997

Work Health and Safety Act 2011

Health Practitioner Regulation National Law (ACT) Act 2010

Spent Convictions Act 2000

Crimes Act 1914 (Commonwealth)

Working with Vulnerable People (Background Checking) Act 2011

Working with Vulnerable People (Background Checking) Regulation 2012

Policies

Student Trainee Clinical Placement

Volunteer Policy

Secondary Student Work Experience Placements

ACT Government Protective Security Policy Framework

ACT Government Protective Security Vetting Policy

Procedures

Protective Security (Personnel Security)

Student and Trainee Clinical Placements

Standards

Public Sector Management Standards 2016

Police Certificate Guidelines, Office of Aged Care Quality and Compliance

ACT Health P&C Delegations Manual

Definition of Terms

National Police Check

A national search of criminal history conducted by the National Police Checking Service or an accredited organisation.

National Police Certificate

A recordprovided by the National Police Checking Service or an accredited organisation that displays all releasable court outcomes from all states and territories of Australia based on respective policies/legislation.

Staff

For the purposes of this document, the term ‘staff’ includes all people working in a permanent, temporary, casual or honorary capacitywithin ACT Health. It includes volunteers, patient advocates, contractors, visitingpractitioners, students and others on clinical placement, consultants, researchers and observers (e.g. GPs who upskill by observing) performing work within ACT Health facilities.

Placement

Undergraduate and post-graduate students and trainees as well as professional development placementsundertake clinical placements within ACT Health facilities,coordinated by the Clinical Placement Office.

Search Terms

Police, Check, Certificate, Placement

Disclaimer: This document has been developed by ACT Health, Canberra Hospital and Health Services specifically for its own use. Use of this document and any reliance on the information contained therein by any third party is at his or her own risk and Health Directorate assumes no responsibility whatsoever.

Policy Team ONLY to complete the following:

Date Amended / Section Amended / Divisional Approval / Final Approval
15/01/2018 / Complete Review / ED, People and Culture / Policy Advisory Committee

This document supersedes the following:

Document Number / Document Name
DGD16-006 / National Policy Check
Doc Number / Version / Issued / Review Date / Area Responsible / Page
DGD18-001 / 1 / 23/01/2018 / 01/12/2022 / QGR – People and Culture / 1 of 6
Do not refer to a paper based copy of this policy document. The most current version can be found on the ACT Health Policy Register