Draft SA Health Policy Directive on Criminal and Relevant History

Criminal and Relevant History Screening
of Non-Employee Workers
Policy Directive
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Group Director Workforce, System Performance.
Senior Workforce Operations Consultant, System Performance
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Manager, SA Health Workforce Operations, System Performance
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Document history
Date
dd/mm/2015
Author
Group Director Workforce,
System Performance
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V.1
PE Approved version.
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Criminal and Relevant History Screening of NonEmployee Workers
1.
Objective
SA Health has a duty of care to ensure that the risk of harm to clients, patients, employees,
other workers and the organisation is minimised through, amongst other things, sound practices
for engagement of persons working in or providing services to or on behalf of SA Health; or
accessing SA Health sites and databases for work or research purposes.
In this context, the intent of this policy is to ensure that:
 SA Health complies with legal and SA Government requirements for criminal and relevant
history screening of non-employee workers.
 Appropriate criminal and relevant history screening is conducted for all non-employee
workers prior to commencement of their services to or on behalf of SA Health; or prior to
accessing SA Health premises or databases for work or research.
 Effective action is taken if non-employee workers do not comply with the screening
requirements of this Policy or may not be suitable for work in SA Health or to have access to
SA Health sites or databases.
2.
Scope
This Policy is applicable to all SA Health employees:
 facilitating engagement of non-employee workers by SA Health;
 authoring persons to provide services to, within or on behalf of SA Health; or
 authorising persons to access SA Health premises or databases (including students,
researchers and volunteers, but not limited to these groups).
The requirements of this Policy must be made applicable to non-employee workers through
their contractual arrangements and the conditions associated with authorising them to work in or
to provide services on behalf of SA Health or accessing SA Health sites or databases.
Examples of SA Health employees responsible to apply the provisions of this Policy to nonemployee workers are: contract managers; clinical placement coordinators; volunteer
coordinators; and line managers engaging, contracting or authorising non-employee workers to
provide services to, within or on behalf of SA Health or accessing SA Health sites or databases.
Examples of non-employee workers to whom provisions of this Policy must be made applicable
are:
 agency staff; service providers, contractors and sub-contractors;
 adult students and the tertiary institutions’ supervisors of these students;
 volunteers;
 persons undertaking research involving SA Health patients, sites, services or databases;
 persons hiring or working on SA Health sites;
 SA Health related councils or management committees;
 adults residing on SA Health sites;
 community groups meeting or providing services on SA Health sites; and
 any other non-employees who work within; or provide services for SA Health; or work on
SA Health premises.
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Principles
3.
3.1. Duty of care and compliance to legislation
Legislation requires that all persons who seek to work, or are working, in roles under the
Children’s Protection Act and Regulations 2010 (CP Act) or the Aged Care Act (AC Act) must
undergo appropriate criminal and relevant history screening. (For brevity hereafter referred to as
criminal history check - CHC.)
In addition to the statutory requirements, to prevent harm, this Policy requires that, from 1 July
2015, no person will be engaged or mandated to work in or on behalf of SA Health, or allowed
to access its sites or databases for work, study or research purposes, unless they have a
current satisfactory Department for Communities and Social Inclusion (DCSI) CHCs (or
assessments done by another authorised screening unit established under legislation or by the
SA Government) appropriate to their role or activities.
3.2. Only Department for Communities and Social Inclusion CHCs are accepted
From 1 July 2015, SA Health will only accept a current DCSI CHC appropriate to the role of the
non-employee as evidence of suitability to be engaged or have access to SA Health sites or
databases.
Using DCSI for assessments ensures consistency of assessments of any criminal and relevant
history in the context of the type of role and the circumstances of the role. It also enables
portability of CHCs for working in similar roles across SA Health sites.
3.3. Appropriate CHCs relating to type of work and circumstances of the role
The DCSI CHC must be appropriate to the role and the circumstances of the non-employee
worker, e.g. whether the CHC relates to general probity; working with children; working in Aged
Care; or working with vulnerable clients.
A non-employee worker may require one or more types of checks, depending on a number of
factors, including the nature of duties performed; the types of clients/patients the non-employee
worker will be in contact with; and the ability of the person to access medical records.
The assessment of CHCs conducted by DCSI Screening Unit will review if a criminal
offence/relevant history relates to or has a logical link to the inherent requirements of the
particular role and whether the offence is significant enough to lead to a reasonable assumption
of potential risk of harm to vulnerable clients or the organisation. In addition, the DCSI
Screening Unit will apply specific tests as detailed in Attachment 1: What type of criminal history
check is required?
3.4. Portability of DCSI CHCs
DCSI CHC certificates are valid for a period of three years and are portable between roles of
similar nature in SA Health that require the same type of screening. Volunteers only have to
apply for a further DCSI CHC where a different category of screening is required for
engagement in a different role.
3.5. Child Related Work
A Child Related DCSI CHC must be conducted for all individuals who are engaged to perform
prescribed functions as defined under the CP Act; i.e. persons who:



have regular contact with children or who work in close proximity to children on a regular
basis and are not directly supervised at all times; or
supervise or manage persons who have regular contact with children or work in close
proximity to children on a regular basis; or
have access to records relating to children in connection with health services, child
protection services, education or child care services, disability services and court orders and
proceedings.
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All prospective non-employee workers considered for authorised functions must present a
satisfactory Child Related DCSI CHC prior to the commencement of their work in or on behalf of
SA Health; or before being authorised to access SA Health databases. A relevant overseas
CHC must also be done for any period within the last 10 years where a non-employee worker
has been a resident of a country other than Australia for a continuous period of 12 months after
turning 18 years of age.
All current non-employee workers engaged in child related work as defined under the CP Act
must undergo and return a satisfactory child related DCSI CHC every three years.
3.6. Approved provider roles – Aged Care
The Aged Care Act 1997 (AC Act) requires that Commonwealth funded aged care providers
obtain criminal and relevant history screenings for workers who are reasonably likely to have
access to care recipients, whether supervised or unsupervised.
All prospective non-employees workers considered for aged care related work must, prior to the
commencement of their engagement by SA Health, present a satisfactory aged care related
DCSI CHC, (and/or for any time within the last 10 years where they have been a resident of a
country other than Australia for a continuous period of 12 months after turning 16 years of age refer to Clause 1.20 of Accountability Principles - provide a statutory declaration regarding their
criminal history).
All current non-employee workers engaged in aged care related work must undergo and return
a satisfactory Aged Care sector DCSI CHC every three years.
Key personnel as defined under Division 8-3A of AC Act must not be a disqualified individual as
defined in Division 10A of that Act.
3.7. Workers from overseas
A prospective non-employee worker, who has worked or resided overseas for more than one
year, is required to provide before to their engagement in SA Health a satisfactory criminal
history record from each of the overseas countries they have resided in since their 18th birthday
within the ten years prior to their engagement in SA Health.
Where a criminal record is found, the relevant Principle Authorised Officer in each LHN or
Health Service has to be consulted to determine in the final instance whether the record is
relevant and significant to the intended service of the non-employee worker.
It is noted that a DCSI criminal and relevant history assessment may not be applicable to
prospective non-employee workers from overseas for periods when they have not resided in
Australia.
3.8. Other roles in SA Health
All prospective non-employee workers considered for working in or on behalf of SA Health,
irrespective of the proposed role, are required to present an appropriate satisfactory DCSI CHC
prior to their engagement in SA Health or their authorisation to access SA Health sites or
databases.
The relevant standard of checking, depending on the role, will be the DCSI (Vulnerable person
related) Screening or the DCSI (General Probity) Check.
The DCSI CHC must remain current throughout the period of their engagement in SA Health or
while having access to SA Health sites or databases.
3.9. CHC Policy obligations must be made applicable through terms and conditions of
contracts, licencing arrangements or agreements authorising work or access
The requirements of this Policy must be made applicable to non-employee workers through
their contractual arrangements and the conditions associated with authorising them to work in or
to provide services on behalf of SA Health, or to access SA Health sites or databases.
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SA Health employees such as contract managers; clinical placement coordinators; volunteer
coordinators; and line managers engaging, contracting or authorising non-employee workers to
provide services to, within or on behalf of SA Health, or to access SA Health sites or databases,
are responsible to ensure that arrangements for non-employee workers comply with the
requirements of this Policy.
Refer to section 4.1 below regarding provisions to be included in contracts, licencing
arrangements or agreements authorising working in or accessing SA Health sites or databases.
4.
Detail
4.1. Terms and conditions of contracts, licencing arrangements or agreements
authorising work or access
The terms and conditions of contracts, licencing arrangements, or agreements authorising
working in or accessing SA Health sites or databases must include the following:
4.1.1. Contracted or authorised parties must comply with all CHC and assessment
requirements of current and future legislation; as well as with SA Health policies
relating to CHC and access to SA Health sites and databases - as communicated
from time to time by SA Health.
4.1.2. Contracted or authorised parties must meet all costs associated with complying with
legislative, contractual and SA Health policy screening and security requirements.
4.1.3. CHCs must be undertaken of all contracted, licenced or authorised persons prior to
them accessing SA Health sites or databases, or prior to providing services to SA
Health.
4.1.4. CHC certificates must remain current while non-employee workers are engaged to
provide services for or on behalf of SA Health, and while having access to SA Health
sites and databases (for work, study or research purposes).
4.1.5. CHCs must be undertaken by the Screening Unit of DCSI to ensure that the
screening is rigorous and complies with legislative requirements.
4.1.6. CHCs must be appropriate to the duties and circumstances of the work being
undertaken, e.g. general probity; child-related; working in aged care or working with
vulnerable or disabled clients/patients.
4.1.7. Contracted or authorised parties must liaise with the relevant SA Health Principal
Authorising Officer regarding the suitability of a person where a relevant history has
been found.
4.1.8. Contracted or authorised parties must limit the possibility of unsuitable persons
(within the scope of their contract, licencing arrangement or agreement):
 being engaged or having access to SA Health sites or databases by establishing the
suitability of the contracted or authorised persons (in addition to the DCSI screening
process) for the service or site prior to their commencement in SA Health or having
access to SA Health sites and databases; and
 by monitoring their suitability for the full term of engagement within SA Health or
while having access to SA Health sites or databases for work, study or research
purposes. (Suitability for engagement should not automatically be transferred to
different duties or sites, but must be assessed in relation to the specific
circumstances of the work.)
4.1.9. Provisions that will enable SA Health to assess the level of compliance of contracted
or authorised parties with the terms and conditions of the contract, licencing
arrangement or authorising agreement; including that persons providing services or
accessing SA Health sites or databases:
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 may be required to provide declarations/evidence to SA Health regarding their CHC
status and suitability before commencing services or assessing SA Health sites and
databases.
 must provide consent to SA Health to obtain information on their suitability from the
contracted or authorised parties and DCSI - including information relating to their
criminal and relevant history status.
4.1.10. Provisions that will facilitate effective remedial action by SA Health and the contracted
or authorised parties where:
 there is doubt about the suitability of a person providing services in SA Health or
having access to SA Health sites or databases;
 there has been an adverse incident involving the non-employee worker; or
 it is considered there has been a breach of a requirement of the contract, licencing
arrangement or authoring agreement; or of legislation or applicable SA Health
policy.
4.1.11. Contracted or authorised parties must under circumstances in section 4.1.9
 immediately on becoming aware of such adverse information, take appropriate
action to protect the interests of SA Health and ensure the safety of its
clients/patients – e.g. recall the person from SA Health services or sites; and ensure
that the person does not access SA Health sites or databases unless the matter is
resolved; and
 ascertain the relevant facts, document this and provide the information to SA Health.
4.1.12. Provisions that will enable SA Health in such circumstances to take reasonable action
in order to prevent harm to or protect clients, patients, staff and SA Health interests,
(without incurring liability), e.g.
 require that the contracting person exits SA Health sites or loses access to
databases and remains absent unless cleared to resume duties; and
 obtain all information from the contracted or authorised parties and DCSI to
determine appropriate further action.
4.2. Communication
Executives, managers, contract managers; student/clinical placement coordinators; volunteer
coordinators and others facilitating non-employee workers working in or on behalf of SA Health
are responsible to ensure that this Policy and any changes to this are well communicated to
relevant external parties and readily available electronically or in hard copy to contractual
parties; (prospective) non-employee workers; relevant contractors; agencies; educational
institutions or other organisations with an interest in the engagement of non-employee workers
in SA Health.
5.
Roles and Responsibilities
The key responsibilities of SA Health employees are as follows:
5.1. Chief Executive
 Ensures system-wide compliance with this Policy.
5.2. Chief Executive Officers
 Ensure that the engagement and access of non-employee workers in Local Health
Networks, Health Services and the SA Ambulance Service are consistent with this Policy
and legal requirements.
 Report to the Chief Executive any adverse incident involving a non-employee worker that
may have caused significant harm to a client, patient, employee or others in the workplace.
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5.3. Executives, Directors, Senior Managers and Managers
 Ensure compliance with this Policy, including ensuring that systems are in place to monitor
and manage compliance with this Policy within the area of their responsibility.
 Liaise with the relevant contract manager, volunteer coordinator or clinical placement
student coordinator where circumstances indicate unsuitability of an individual’s
engagement or continued engagement in SA Health; or unsuitability to access SA Health
sites or databases.
 Ensure that appropriate action is taken where:
- there is doubt about the suitability of a person providing services in SA Health or having
access to SA Health sites or databases;
- there has been an adverse incident involving a non-employee worker; or
- it is considered there has been a breach of a requirement of the contract, licencing
arrangement or authorising agreement; or of legislation or applicable SA Health policy.
 Report to the Chief Executive Officer:
- any adverse incident involving a non-employee worker that may significantly impact SA
Health’s interests or may have caused harm to a SA Health client, patient, employee or
others in the workplace; or
- if termination of a significant contract, licencing arrangement or authorising agreement is
contemplated due to non-compliance with the provisions thereof.
5.4. Directors of Workforce
 Ensure compliance with this Policy; including ensuring that compliance with this Policy is
monitored and that breaches of this Policy are appropriately responded to.
5.5. Student Placement Coordinators/Managers facilitating student placements
 Ensure compliance with this Policy.
 Liaise with education institutions regarding compliance with SA Health and DCSI
assessment requirements. (Educational institutions are responsible for arranging CHCs for
students. A CHC is, however, not required for persons under 18 years of age undertaking
clinical or work experience placements.)
 Ensure that authorisation for clinical placement in SA Health includes provisions under
section 4.1 above.
 Take reasonable steps to monitor that SA Health CHC requirements are complied with including ensuring that CHCs of students are current and appropriate to their role (e.g.
through regular audits of CHCs or clearance certificates).
 Ensure that appropriate action is taken where:
- there is doubt about the suitability of a student providing services in SA Health or having
access to SA Health sites or databases;
- there has been an adverse incident involving a student; or
- it is considered there has been a breach of a provision of the arrangement for clinical
placements; or legislation or an applicable SA Health policy.
5.6. Volunteer Coordinators/Managers facilitating volunteer placements
 Ensure compliance with this Policy.
 Ensure that authorisation of volunteers to provide services or to access SA Health sites or
databases includes provisions stated in 4.1.
 Take reasonable steps to monitor that SA Health CHC requirements are complied with including that CHC of volunteers are current and appropriate to their role (e.g. through
regular audits of CHCs or clearance certificates).
 Ensure that appropriate action is taken where:
- there is doubt about the suitability of a volunteer providing services in SA Health or
having access to SA Health sites or databases;
- there has been an adverse incident involving a volunteer; or
- it is considered there has been a breach of a provision of the licencing agreement for
volunteers; or legislation or an applicable SA Health policy.
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5.7. Contract Managers
 Ensure compliance with this Policy.
 Ensure that contracts to work or provide services or to access SA Health sites or databases
include provisions stated in 4.1.
 Take reasonable steps to monitor that SA Health CHC requirements are complied with including that CHCs of non-employee workers are current and appropriate to their role (e.g.
through regular audits of CHCs or clearance certificates).
 Ensure that records are maintained of DCSI CHCs of agency staff by contractors and
external service providers.
 Ensure that, when requested, evidence of DCSI CHCs of contractors, agency staff, and
other service providers working in or for SA Health, or having access to SA Health sites or
databases are provided to the SA Health line managers of the areas where the service by
contract/agency staff are provided.
 Ensure that any breaches of the CHC obligations are appropriately acted upon.
6.
Reporting
Chief Executive Officers must report to the Chief Executive any adverse incident involving a
non-employee worker that may have caused significant harm to a client, patient, employee or
others in the workplace.
Line managers must report to the Chief Executive Officer:
 any adverse incident involving a non-employee worker that may significantly impact SA
Health’s interests or may have caused harm to a SA Health client, patient, employee or
others in the workplace; or
 if termination of a significant contract, licencing arrangement or authorising agreement is
contemplated due to non-compliance with the provisions thereof.
7.
EPAS Considerations
Non-employee workers who are able to access health records of children through EPAS have to
obtain a child-related DCSI CHC.
8.
Exemptions
N/A
9.
Associated Policy Directives / Policy Guidelines
This Policy should be read in conjunction with the following policies:
 Criminal and Relevant History Screening Policy
 Employees Charged with Criminal Offences
 Child Safe Environments Policy Directive
 SA Health Directive Code of Fair Information Practice
 Procurement and Contract Management System Policy
 Protective Security Policy
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10. References, Resources and Related Documents
This Policy Directive should be read in conjunction with:
 Aged Care Act 1997 (Cth) with Accountability Principles 1998 as amended and Records
Principles 1997 issued pursuant to the Act.
 Australian Human Rights Commission Act 1986 (Cth)
 Child Sex Offenders Registration Act 2006 (SA)
 Children’s Protection Act 1993, Children’s Protection Regulations 2010, and Child Safe
Environments Standards for dealing with information obtained about the criminal history of
employees and volunteers who work with children (2012) issued pursuant to the Act.
 Privacy Act 1998 (Cth)
 Public Sector Act 2009
 State Records Act 1997 and destruction schedules issued pursuant to the Act
 The DCSI Screening Unit: Police Assessment, Informed Consent Form Guidelines (SA
Health)
 SA Health Directive Code of Fair Information Practice
 Workforce Information - Criminal and relevant history screening page.
 Health Care Act 2008 and Mental Health Act 2009 regarding privacy provisions.
11. Other
N/A
12. National Safety and Quality Health Service Standards
Undertaking CHCs of non-employee workers is one of the mechanisms to meet the duty of care
requirements to minimise risk of harm to clients, patients, staff or the organisation.
National
Standard 1
National
Standard 2
National
Standard 3
National
Standard 4
National
Standard 5
National
Standard 6
National
Standard 7
National
Standard 8
National
Standard 9
National
Standard 10
Governance
for Safety
and Quality
in Health
Care
Partnering
with
Consumers
Preventing
&
Controlling
Healthcare
associated
infections
Medication
Safety
Patient
Identification
& Procedure
Matching
Clinical
Handover
Blood and
Blood
Products
Preventing
&
Managing
Pressure
Injuries
Recognising &
Responding to
Clinical
Deterioration
Preventing
Falls & Harm
from Falls
√
13. Evaluation of Performance and Compliance
Compliance to this Policy has to be monitored by:
 Executives and line managers - regarding all non-employee workers in their work units.
 Student Placement Coordinators / Managers facilitating student placements - regarding all
students or clinical placements.
 Volunteer Coordinators / Managers facilitating volunteer placements - regarding all
volunteers.
 Contract Managers - regarding compliance of contractual parties (e.g. agencies providing
agency staff services) to the policy requirements for CHCs of agency staff.
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14. Attachments
Attachment 1: Which type of check is required?
15. Definitions
In the context of this document:

approved provider means Commonwealth funded aged care services.

approved provider roles (Aged Care Act) means any of the following roles:
Key personnel is defined in the Act as follows:
(a) a member of the group of persons who is responsible for the executive decisions of the
entity at that time;
(b) any other person who has authority or responsibility for (or significant influence over)
planning, directing or controlling the activities of the entity at that time;
(c) if, at that time, the entity conducts an *aged care service:
(i) any person who is responsible for the nursing services provided by the service; and
(ii) any person who is responsible for the day-to-day operations of the service; whether
or not the person is employed by the entity;
(d) if, at that time, the entity proposes to conduct an aged care service:
(i) any person who is likely to be responsible for the nursing services to be provided by
the service; and
(ii) any person who is likely to be responsible for the day-to-day operations of the
service; whether or not the person is employed by the entity.
A staff member under the Aged Care Act is defined in section 1.18 of the Accountability
Principles as a person who:
a) has turned 16; and
b) is employed, hired, retained or contracted by the approved provider (whether directly or
through an employment or recruitment agency) to provide care or other services under the
control of the approved provider; and
c) has, or is reasonably likely to have, access to care recipients.
Examples of staff members include:
 many if not all key personnel of the approved provider;
 employees and contractors of the approved provider who provide care to recipients;
 allied health professionals contracted by the approved provider to provide care to
recipients;
 kitchen, cleaning, laundry, garden and office personnel employed by the approved
provider ; and
 consultants, trainers and advisors for accreditation support or systems improvement who
are under the control of the approved provider.
Examples of persons who are not considered staff members include:
 visiting medical practitioners, pharmacists and other allied health professionals who
have been requested by, or on behalf of, a care recipient but are not contracted by the
approved provider; and
 trades people who perform work otherwise than under the control of the approved
provider.
Volunteers Under section 1.18 of the Accountability Principles a volunteer is defined as a
person who:
a) is not a staff member; and
b) offers his or her services to the approved provider; and
c) provides care or other services on the invitation of the approved provider and not solely
on the express or implied invitation of a care recipient; and
d) has, or is reasonably likely to have, unsupervised access to care recipients; and
e) has turned 16 or, if the person is a full-time student, has turned 18.
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
conviction means the complete orders made by a court after finding an accused person
guilty of an offence including both the finding of guilt and the sentence passed as a
consequence.

criminal and relevant history assessment means a decision about a person’s suitability
to be employed/engaged in a SA Health role based on their criminal and relevant history (if
any) and the assessed risk to SA Health or its employees, clients or patients.

engage means contracted or otherwise authorised to work within or on behalf of SA Health
as a non-employee worker.

non-employee worker means any person engaged (authorised, licenced or contracted) to
work within or on behalf of SA Health, or provide services to SA Health clients or patients; or
access its sites or databases for work or research purposes; but is not a SA Health
employee, e.g.
- individuals working regularly on SA Health premises;
- adult students and the tertiary institutions’ supervisors of these students;
- volunteers;
- persons undertaking research involving SA Health patients, sites, services and
databases;
- persons hiring or working on SA Health sites;
- SA Health related councils or management committees;
- community groups meeting or providing services on SA Health sites; and
- adults residing on SA Health sites.

prescribed role means a role in the organisation that requires or involves prescribed
functions, as defined by section 8B (8) of the Children’s Protection Act 1993.

regular contact means a constant or definite pattern of contact, or which recurs at short
uniform intervals or on several occasions during short periods of time such as a week.

relevant history means a person’s relevant history based on relevant information
considered by DCSI in addition to criminal records.

satisfactory CHC means an assessment by the DCSI Screening Unit (or by the Principle
Authorising Officer of the LHN/HS in case of overseas criminal history records) of the
criminal and relevant records of an individual as not containing any records that are relevant
or significant enough to indicate a risk to the organisation, patients, clients or workers.

vulnerable adult client/patient means anyone who is:
- an adult with serious physical illness or with a physical disability or a mental disability
which includes intellectual disability, mental impairment, mental dysfunction or mental
illness, or
- an adult who suffers social or financial hardship who may be vulnerable to exploitation as
a result of this hardship. Social hardship includes a wide range of situations and
experiences including homelessness, a history of domestic or family violence, of bullying,
sexual abuse, racial abuse, problem gambling or drug and alcohol abuse and torture or
trauma or
-

an adult who cannot communicate, or who has difficulty communicating in English.
volunteer means a person who:
a) is not an SA Health paid employee; and
b) offers his or her services to SA Health; or
c) provides care or other services as authorised by SA Health; and
d) has turned 16 or, if the person is a full-time student, has turned 18.
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Attachment 1: Which type of check is required?
Type of check
Child-related employment screening
Legislative basis
People holding prescribed positions are required to be screened by the Children’s
Protection Act 1993 (the Act) and Children’s Protection Regulations 2010 (the
Regulations)
What positions require
this type of check?
Pursuant to Section 8B(8) of the Act all individuals 18 years of age or older who are
employed or engaged to perform prescribed functions, i.e. roles that:

have regular contact with children or who work in close proximity to children
on a regular basis and are not directly supervised at all times; or

supervise or manage persons who have regular contact with children or work
in close proximity to children on a regular basis; or

have access to records relating to children in connection with health services,
child protection services, education services, disability services and court
orders and proceedings.
National Criminal History Record Check, police reports pertaining to offences and
charges from South Australia, expanded criminal history information obtained
through the National Exchange of Criminal History Information for People Working
with Children for interstate offences and charges, child protection information,
professional disciplinary information (e.g. AHPRA).
What sources are
checked by DCSI?
Risk assessment
Risk assessment conducted on the basis of risk matrix devised in accordance with
the Standards for dealing with information obtained about the criminal history of
employees and volunteers who work with children, issued pursuant to Section 8A(j)
of the Act.
Individuals who have been convicted of “prima facie” offences (murder, sexual
assault, violence against a child, child pornography, child prostitution, child neglect)
are unlikely to be granted a clearance. Individuals listed on the Australian National
Child Offender Register (ANCOR) are legally prohibited from applying to work with
children under the Child Sex Offenders Registration Act 2006 (SA).
Type of check
Vulnerable person-related employment screening
Legislative basis
None
Vulnerable adult clients/patients are defined under the SA Health Criminal
History Assessment Policy as anyone who is:
disability which includes intellectual disability, mental impairment, mental
dysfunction or mental illness,
ulnerable to
exploitation as a result of this hardship. Social hardship includes a wide range of
situations and experiences including homelessness, a history of domestic or family
violence, of bullying, sexual abuse, racial abuse, problem gambling or drug and
alcohol abuse and torture or trauma
English.
What positions require
this type of check?
All individuals who are employed or engaged to perform functions that have regular
contact with vulnerable adult clients/patients or who work in close proximity
to vulnerable adults clients/patients on a regular basis.
What sources are
checked by DCSI?
Criminal Convictions (through a National Criminal History Record Check obtained
from CrimTrac). This will include certain South Australian spent convictions.
Risk assessment
Risk assessment conducted on the basis of a similar risk matrix to that devised in
accordance with the Standards for dealing with information obtained about the
criminal history of employees and volunteers who work with children, issued
pursuant to Section 8A(j) of the Act for the purposes of child-related employment
screening.
Offences which represented a risk of harm to vulnerable people (fraud and
dishonesty offences in particular) are given greater weight.
INFORMAL COPY WHEN PRINTED Draft Criminal
For Official Use Only –I2-A1
History Assessment of Non-Employee Workers Policy
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Type of check
Aged care sector employment screening
Legislative
basis
The Accountability Principles 1998 made pursuant to the Aged Care Act 1997 (Cth):
(“Approved aged care provider positions”) - requires
organisations funded by the Commonwealth to provide aged care services to be satisfied that
a person has not committed a precluding offence (murder, sexual assault, or assault for
which a sentence of imprisonment was imposed).
What positions
require this
type of check?
The Accountability Principles requires that Commonwealth funded aged care providers obtain
Criminal History Assessments for:
unsupervised.
What sources
are checked by
DCSI?
Criminal convictions. This will include certain South Australian spent convictions.
Risk
assessment
Similar risk assessment to that undertaken for vulnerable people.
If the Screening Unit identifies a conviction for murder, sexual assault; or assault for which a
person received a sentence of imprisonment, the Accountability Principles prohibits the
individual from working in an approved provider position.
Type of check
General employment probity checks
Legislative
basis
None
What positions
require this
type of check?
If none of the other checks are applicable then this check is to be used.
What sources
are checked by
DCSI?
Criminal convictions (through a National Criminal History Record Check obtained from
CrimTrac).
Risk
assessment
Includes general assessment if criminal offence relates to or has a logical link to the inherent
requirements of the particular position.
INFORMAL COPY WHEN PRINTED Draft Criminal
For Official Use Only –I2-A1
History Assessment of Non-Employee Workers Policy
Page 14 of 14