Criminal and Relevant History Screening of Non-Employee Workers Policy Directive Document control information Document owner Group Director Workforce, System Performance. Senior Workforce Operations Consultant, System Performance Contributors Manager, SA Health Workforce Operations, System Performance SA Health internet – ‘policies page’ Document location SA Health intranet only – ‘policies page’ (only if publishing exemption requested and approved by Portfolio Executive) <List any pages that content will be linked to. Eg. Oracle Assist> Reference <Divisional internal reference number> Valid from <Insert PE approved date> Review date Within 5 years from approval, unless applicable legislation changes before Document history Date dd/mm/2015 Author Group Director Workforce, System Performance Version Change reference V.1 PE Approved version. Endorsements – N/A Date Endorsed by Approvals – N/A Date Endorsed by INFORMAL COPY WHEN PRINTED Draft Criminal For Official Use Only –I2-A1 History Assessment of Non-Employee Workers Policy Page 2 of 14 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. INFORMAL COPY WHEN PRINTED Draft Criminal For Official Use Only –I2-A1 History Assessment of Non-Employee Workers Policy Page 3 of 14 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. INFORMAL COPY WHEN PRINTED Draft Criminal For Official Use Only –I2-A1 History Assessment of Non-Employee Workers Policy Page 4 of 14 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. INFORMAL COPY WHEN PRINTED Draft Criminal For Official Use Only –I2-A1 History Assessment of Non-Employee Workers Policy Page 5 of 14 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: INFORMAL COPY WHEN PRINTED Draft Criminal For Official Use Only –I2-A1 History Assessment of Non-Employee Workers Policy Page 6 of 14 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. INFORMAL COPY WHEN PRINTED Draft Criminal For Official Use Only –I2-A1 History Assessment of Non-Employee Workers Policy Page 7 of 14 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. INFORMAL COPY WHEN PRINTED Draft Criminal For Official Use Only –I2-A1 History Assessment of Non-Employee Workers Policy Page 8 of 14 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 INFORMAL COPY WHEN PRINTED Draft Criminal For Official Use Only –I2-A1 History Assessment of Non-Employee Workers Policy Page 9 of 14 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. INFORMAL COPY WHEN PRINTED Draft Criminal For Official Use Only –I2-A1 History Assessment of Non-Employee Workers Policy Page 10 of 14 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. INFORMAL COPY WHEN PRINTED Draft Criminal For Official Use Only –I2-A1 History Assessment of Non-Employee Workers Policy Page 11 of 14 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. INFORMAL COPY WHEN PRINTED Draft Criminal For Official Use Only –I2-A1 History Assessment of Non-Employee Workers Policy Page 12 of 14 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 Page 13 of 14 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
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