Police Record Check Policy
This is a public facing policy
Police Record Check Policy
Policy Index: Human Resource Management
- Relevant Legislation, Standards and Agreements
The following Legislation applies to this policy and supporting documentation:
Children’s Services Act 1996– (Vic)
Disability Act 2006 – (Vic)
Privacy and Data Protection Act 2014– (Vic)
Equal Opportunity Act 2010 – (Vic)
Equal (Employment) Opportunity Act 1987 – (Cth)
Fair Work Act 2009 – (Cth)
Working with Children Act 2005 – (Vic)
Working with Children Regulations 2006 – (Vic)
The following Standards apply to this policy and supporting documentation:
National Standards for Disability Services
Standard 6 - Service Management
National Quality Standard (ACECQA)
Quality Area 4 – Staffing Arrangements
The following Agreements apply to this policy and supporting documentation:
RelevantEmployment Awards and Agreements and Standard Conditions of Employment
- Purpose
This policy and associated procedures outline the mandatory requirements for police record checks for persons engaged or employed within Yooralla Services and for persons seeking to be employed or engaged in Yooralla services as an employee, volunteer, student, contractor, representative or agency staff member.
- Scope of Policy
This policy applies to all Yooralla employees, contractors, volunteers, students on placement, representatives and agency employees.
- Definitions
Any defined terms below are specific to this document.
Agency Employees – A person engaged in Yooralla services through an approved external provider.
Authorised Officer – An organisational representative authorised to sight the 100 points of ID.
Contractor – A person engaged in Yooralla services through an approved external provider.
DHHS – Department of Health and Human Services, State Government of Victoria.
Employee – A person engaged in Yooralla services on a paid basis.
Family Options Carers - Foster carers, lead tenants and all adult members (aged 18 years or over) of their households of funded organisations that provide out of home care
Fit2Work – An accredited CrimTrac service provider.
Fit2Work Authorised Officer – An organisational representative authorised to conduct police record checks.
Representative of Yooralla – a person representing Yooralla such as a customer, parent or carer
Student on placement – A person engaged in Yooralla services through an approved education provider.
Volunteer –Is an individual who provides specific tasks or services on a voluntary basis, at the request of, or in agreement with Yooralla. A person is considered to be a volunteer if they receive no remuneration (but may receive some form of limited reimbursement for out of pocket expenses). A volunteer must be 16 years of age or greater. A volunteer is not to engage in any task that a paid staff member is to complete. A volunteer is engaged to enhance a program or assist in a service, not to substitute a paid employee.
Police record check –
a)National police record checks (sometimes referred to as criminal history record checks), identify and release relevant criminal history information, at a point in time, using information held by police in Victoria and other states and territories of Australia relating to convictions, findings of guilt or pending court proceedings.
b)International police record checks identify and release relevant criminal history information, at a point in time, using information held by police and/or judiciary in the country(s) identified.
- Policy Statement
All disability service providers funded by the Department of Health and Human Services have a duty of care to do all that is reasonable to ensure the safety of their customers. Police record checks form part of Yooralla’s abuse and neglect risk management strategy to ensure quality services are provided to vulnerable customers in a safe environment.
Commencing at Yooralla
a)All new employees, family options carers, volunteers, students, contractors, representatives and agency employees require a national police record check prior to commencing with Yooralla.
b)When appointed to a role representing Yooralla even without direct access to vulnerable people a Yooralla a police check must be completed. A representative could include a customer, parent or carer.
c)All new employees, family options carers, volunteers, representatives and agency personnel who have lived or worked overseas for more than twelve months in the last ten years require an international police record check prior to commencing with Yooralla.
d)Consistent with the DHHS Funded Service Agreement (4.6 Safety Screening for Funded Organisations) requirements 2015, all students who have resided in an overseas country for 12 months or more in the last ten years must complete a Statutory Declaration (refer to the Department of Health and Human Services’ Appendix 1b Safety screening statutory declaration student placements).
By way of this statutory declaration, students are declaring that they do not have:
- any charges laid against them by police concerning any offence committed in Australia or in another country in the past
Any offence of which they have been found guilty, committed in Australia or in another country in the past.
Ongoing Police Check Requirements
a)All employees, family options carers and volunteers across Yooralla will be required to undergo three-yearly ongoing national police record checks.
Police record checks are not required for persons aged sixteen or younger; however referee checks should be conducted. Teachers, parents and others who personally know the individual should act as referees and the credentials of any referees should be verified.
Yooralla’s police record check procedure assists Yooralla to comply with the Department of Health and Human Services’ standards required for funded services, specifically the Service Agreement Information Kit for Funded Organisations - 4.6 Safety screening (referee checks, police record check and Working with Children Check).
Police Record check processing, cost and record management
Yooralla uses an online processing service for police record checks and the provider is Fit2Work.
Yooralla will pay for national police record checks required under this policy for new or existing employees, representatives and volunteers.
International police record check costs:
a)for employees will rest with the applicant; and
b)for volunteers will rest with Yooralla.
Police record check costs for contractors, agency/outsourced employees or students on placement will rest with the external contractor/agency/education provider. The police record check reference number and date of issue will be recorded on Ascender on the employee’s electronic file held on the Human Resources Information System for all new and existing employees. Volunteer’s information is currently held on a separate register. The outcome of the police record check and associated decision making regarding engagement or continued employment will be recorded in a separate police record check database.
Police record check documentation (including consent forms, proof of identity documentation and records checks) will be used and stored in accordance with the Information Privacy Act 2000 and contractual requirements with the CrimTrac accredited agency, Fit2Work.
The results of police record checks will be reviewed by an authorised officer in People and Culture to determine appropriateness for employment or engagement at Yooralla. It is a requirement of the contract with Fit2Work that individual police record checks, if printed by a Fit2Work Authorised Officer, are destroyed within 90 days.
Administration of Police Record Checks
Responsibility for ensuring that both new and existing employees/volunteers hold an existing police record check rests with the Recruitment & Employment Unit (People & Culture) including:
a)appointment letters for new employees clearly articulate the pre and post-employment requirements;
b)promptly processing the consent forms for a ‘National Police History Check Consent’ or an ‘International Consent/Authorisation Form’ with Fit2Work;
c)following up on any police record checks results that are not returned within the appropriate timeframe;
d)ensuring that police record checks obtained/presented directly by existing/prospective employees/volunteers are original documents or properly certified copies;
e)police record check results are only accessed by authorised officers consistent with Fit2Work contract;
f)where there are no disclosable outcomes, recruiting managers are promptly advised of this outcome;
g)disclosable outcomes are discussed by relevant authorised officers in People and Culture and the relevant operational area regarding impact on engagement or ongoing employment decision. This includes provision of opportunity for the individual to provide more information relating to the circumstances relating to their police record status;
h)maintaining a register of those employees and volunteers who are required to have existing police records checks under this policy and ensuring that police record check reviews are conducted within the appropriate timeframe; and
i)maintaining a register to record the names of those individuals who have a disclosable outcome and deemed appropriate to engage or continue their employment, including a record of the names of the authorised officers who confirmed the appropriateness of employment. Note that for privacy, this database will NOT include a copy of the police record check outcome or notes on the nature of the offence.
Police Record Check documentation and processing
a)Police Record Check Documentation
i)The Fit2Work police record check Information and consent forms must be issued to the employee, representative, volunteer or commencing employee/volunteer/representative. The documentation must be completed in full in order for the check to be processed. This can be completed online or via hardcopy.
ii)A minimum of 100 points of Identification is required - refer to 100 Points of Identification Information Sheet
iii)Copies of the 100 points of Identification should be taken and sighted by an authorised officer within Yooralla. If applying online applicants can upload 100 points of identification and by taking a photo of themselves holding their identification and uploading this photo.
b)Processing
Where documentation is complete and has been signed and copies of identification sighted and appropriately verified, police check applications will be processed within 48 hours of receipt by an authorised officer of Yooralla.
i)National police check results are available immediately (60 seconds) in the majority of cases, however some applications are referred for manual processing. This is determined by the police check process and not Yooralla. Yooralla does not have control over the time for processing manual police checks as this depends on the processing times of each State Police and the National Criminal History database in Canberra. Police checks requiring manual processing can take between 1-4 weeks.
ii)International police check results are not immediately available and depending upon the identified country, processing can take between 2 weeks to 2 months. Yooralla does not have any control over these processing times. When entering Australia on a Visa, International Police Checks being provided by the applicant must have been conducted no longer than 12 months prior to the applicant entering Australia.
iii)For Shared Services staff (i.e. no direct customer contact) where the International Police Check has been submitted but there is a delay in the response from the international policing agency, employment may commence subject to:
1)Completion of a statutory declaration which states
“I declare that I have completed and provided to Yooralla an International Police Check application form for each country I have lived and worked in for a period of 12 months over the last 10 years.
I declare that I have not been convicted of any offence in any country in which I have lived or worked in the last 10 years.
I understand that any contract of employment issued on the basis of this statutory declaration (in lieu of a returned International Police Check) will be subject to a clear International Police Check and that a disclosable outcome in my International Police Check will result in termination of my employment contract.
I further understand that if there is no response on my International Police Check within my probation period (3 months) then my employment contract can be terminated.”
AND
2)Contract of employment wording including:
This contract of employment is issued on the basis of this statutory declaration (in lieu of a returned International Police Check). Ongoing employment is subject to a clear International Police Check. Any disclosable outcome on the International Police Check will result in termination of this employment contract.
If there is no response on the International Police Check within the probation period (3 months) then this employment contract can be terminated.”
Results of the police record check (Guidelines for DHHS reporting)
a)No disclosable court outcome
i)Where the police record check of the preferred applicant, volunteer, representative or student reveals no disclosable court outcomes, outstanding charges or other matters the appointment may be confirmed (an offer of employment or placement can be made).
ii)Where the police record check of an existing employee or volunteer reveals no disclosable court outcomes, outstanding charges or other matters ongoing employment/placement will be confirmed.
b)Disclosable court outcome
i)An applicant/employee/volunteer/representative will not automatically be precluded from a job or placement on the basis of having a police record and the following review process will occur.
Review process for criminal history
Yooralla will ensure that its approach is consistent with the principles of natural justice and procedural fairness and accords with the Human Rights and Equal Opportunity Commission’s (HREOC) prepared guidelines: On the Record – Guidelines for the prevention of discrimination in employment on the basis of criminal record.
The Guidelines outline the key points that approved providers should consider when assessing a person’s police certificate, including that:
a)written consent from the person to obtain a criminal history check is required;
b)a police record check can only be used for the purpose for which it was obtained;
c)the relevance of a person’s criminal record should be assessed on a case-by-case basis against the inherent requirements of the job; and
d)information about a person’s criminal record should be stored in a private and confidential manner.
On receipt of the police record check that identifies a past conviction(s) the authorised officer will contact the applicant/employee in writing to:
a)confirm that the details of the disclosable record are correct;
b)seek their permission to allow the authorised officer to discuss the disclosable outcome with the recruiting manager (new applicants), existing manager (existing employees) and Department of Health and Human Services. This is achieved by requesting the person to complete an ‘Authority to Release Criminal History Results’ form; and
c)inviting the applicant to provide any further information on the circumstances contributing to the disclosable outcome.
Once permission has been obtained in writing from the applicant/employee/volunteer/representative, the relevant Chief/Executive Director or delegate will be notified about the police record check result by an authorised officer from People and Culture.
Decision-making process for hiring applicants/retaining employees with disclosable outcomes
The Executive Director, People and Culture will determine in consultation with the relevant operational authorised officer the appropriateness of the employment/ongoing employment of the applicant or employee.
In considering this information, they will have regard to the factors of relevance and proportionality in the assessment of a police records check that indicates past convictions.
This includes consideration of the following principles by way of risk assessment:
a)the relevance of the criminal offence, in relation to the position or placement;
b)the nature of the offence and the relationship of the offence to the particular position or placement for which:
i)the applicant is being considered; or
ii)the employee is currently occupying.
c)the length of time since the offence took place;
d)whether the person was convicted or found guilty and placed on a bond;
e)whether there is evidence of an extended police record;
f)the number of offences committed which may establish a pattern of behaviour;
g)whether the offence was committed as an adult or a juvenile;
h)the severity of punishment imposed;
i)whether the offence is still a crime, that is, has the offence now been decriminalised;
j)whether there are other factors that may be relevant for consideration;
k)the person's general character since the offence was committed;
l)would denying the person employment because of the past conviction be a disproportionate response to the particular offence?
m)Does this record require placing the applicant/employee on the Disability Worker Exclusion Scheme (DWES) register maintained by Department of Health and Human Services.
The Executive Director, People and Culture and relevant operational authorised officer may determine that an applicant is rejected following this decision-making process.
On review of the disclosable outcome, it may be determined that the applicant/employee/volunteer/representative may still be eligible to work for Yooralla. In this case, prior to employment/placement being formally offered, the Executive Director People and Culture or delegated Authorised Officer must discuss with the relevant Department of Health and Human Services' Area Director the intention to employ an individual with such a record. The departmental representative cannot direct or make the decision to employ, but should provide their opinion regarding any decision Yooralla makes (in line with principles outlined above).
Following the discussion, the Executive Director, People and Culture or representative from People and Culture will wait on receiving an email from the Department of Health and Human Services' Area Director that confirms the outcome to:
a)employ or not employ the applicant (without reference to the details of the disclosable record); or
b)continue to employ or to assess whether employment should be modified or terminated depending upon the nature of the conviction.
New applicant
Where a new applicant, volunteer, representative or student with a disclosable record is not cleared by the Department of Health and Human Services, the Executive Director People and Culture or delegated Authorised Officer must:
a)inform the unsuccessful applicant of the decision and its rationale;
b)provide an opportunity for the unsuccessful applicant to discuss the results; and
c)inform the unsuccessful applicant of the opportunity for the decision to be reviewed.