DOES A VOLUNTEER REQUIRE A CRIMINAL HISTORY REPORT OR DCSI SCREENING UNDER LEGISLATION? Volunteering with Children Applicable legislation: Children’s Protection Act 1993 (SA), Children’s Protection Regulations 2010 (SA) Is this person a volunteer in a prescribed position in an organisation captured by the Act? YES Do any exemptions apply? NO MUST conduct either a criminal history report or DCSI Child-related employment screening. Note: Some organisations have developed and implemented policies that require the DCSI child-related employment screening to be conducted rather than obtaining a criminal history report – refer to your organisational policies. YES MAY conduct either a criminal history report or DCSI child-related employment screening depending on the exemption and/or organisations own risk assessments policies. NO No legislative requirement to conduct a criminal history report or DCSI child related employment screening. Note: Please check as some organisational policies may stipulate a criminal history report or DCSI child related employment screening for all volunteers. IMPORTANT INFORMATION: As an alternative to obtaining a DCSI childrelated employment screening through the DCSI Screening Unit, the Regulations allow for a relevant history assessment to be conducted by an employer organisation itself. If the organisation conducts its own assessment, it is required to obtain, as a minimum, a criminal history report and assess that report in accordance with the Standards for dealing with information obtained about a person’s criminal history as part of a relevant history assessment (the Standards), issued by DECD and any information provided by the applicant relevant to the assessment process. On its own, the assessment of a person’s criminal history cannot be solely relied on to protect children from people that may harm them. Assessments should be implemented alongside a range of measures directed at keeping children safe from harm. For further details about child safe environments contact Families SA http://www.families.sa.gov.au/pages/protectingchildren/CSEHome/ Volunteering with people with a disability Applicable legislation: Disabilities Services Act 1993 (SA), Disabilities Services (Assessment of Relevant History) Regulations 2014 Is the person a volunteer in a prescribed position in a “prescribed disability service provider” as defined by the Act? YES MUST conduct a DCSI disability services employment screening IMPORTANT INFORMATION: The Disability Services (Assessment of Relevant History) Regulations 2014 require people seeking to work or volunteer with people with disability to undergo disability services employment screening through the government screening unit. Where the role of a person working in the disability sector also involves working with children, only a childrelated employment screening conducted by the DCSI Screening Unit will be required. More information can be found at: http://www.dcsi.sa.gov.au/_ _data/assets/pdf_file/0020/1 7363/Disability-ServicesScreening-Standards2.pdf NO No legislative requirement to conduct DCSI disability services employment screening Note: Please check as some organisational policies may stipulate a criminal history report for all volunteers. Volunteering with aged care sector Applicable legislation: Aged Care Act 1997 (Cth) Aged Care Accountability Principles 1998 (Cth) Is the person a volunteer visiting care recipients under the Community Visitors Scheme OR a volunteer organised by the provider who are reasonably likely to have unsupervised access to care recipients? YES MUST conduct a criminal history report Volunteers who are under the age of 16 or full-time students under the age of 18 are exempt. IMPORTANT INFORMATION: Organisations cannot require that their staff undergo DCSI disability services employment screening in accordance with the Disability Services Act if there is no legislative requirement, i.e. they don’t occupy a prescribed position. Under Regulation 12 of the Disability Services (Assessment of Relevant History) Regulations 2014, the Screening Unit is committing an offence if it undertakes an assessment of which it is not authorised. NO No legislative requirement to conduct a criminal history report or DCSI Aged Care Sector Employment Screening. Note: Please check as some organisational policies may stipulate a criminal history report or DCSI Aged care sector employment screening for all volunteers. IMPORTANT INFORMATION: Aged Care programs and services are often funded through Federal and Government Grants. It is important to understand the requirements of the funding body along with the organisation when assessing the need for screening with volunteer roles in Aged Care Services. More information can be found at: https://www.dss.gov.au/ourresponsibilities/ageing-and-agedcare/police-certificate-guidelines-foraged-care-providers Checks for volunteers with no legislative or regulatory requirements If checks are not required under legislative or regulatory requirements, some organisations may still ask volunteers for a criminal history report or a suitable DCSI screening check in line with their organisational requirements. Free criminal history reports, in the form of a National Police Certificate, are available to volunteers of community organisations who work with vulnerable groups such as children, older people or people with disability. To qualify, their organisation must apply for a Volunteer Organisation Authorisation Number (VOAN) from the South Australia Police. If an organisation is not eligible for a VOAN, the volunteer may be entitled to a reduced fee. For more information visit the South Australia Police website. Alternatively, the DCSI Screening Unit offers a Vulnerable Person Related Employment Screening, for people working with vulnerable members of the community. A range of screening services are available at a reduced rate for volunteers. For more information visit the DCSI Screening Unit website. NOTE: Under legislation some volunteer roles may require more than one type of screening assessment. Information and links to relevant websites within this document are current as of December 2015 GLOSSARY OF TERMS: “Aged Care Sector Screening Check” for more information, please visit Screening Unit website at http://www.dcsi.sa.gov.au/services/screening/what-kind-of-screening-do-I-need “Accredited CrimTrac agency” means an organisation approved by CrimTrac and the Australian Police Forces to access National Criminal History Record Check (NCHRC) services through CrimTrac in accordance with the Accreditation procedures to Access NCHRC Services. They manage criminal history applications and reports in accordance with the security and confidentiality requirements of their contract with CrimTrac. “Child-Related Employment Screening” for more information, please visit Screening Unit website at http://www.dcsi.sa.gov.au/services/screening/what-kind-of-screening-do-I-need “Community Visitor Scheme” means an independent statutory scheme that visits and inspects: acute mental health facilities emergency departments of hospitals disability accommodation supported residential facilities (SRFs). “DCSI” means Department for Communities and Social Inclusion “Disability Services Employment Screening” for more information, please visit Screening Unit website at http://www.dcsi.sa.gov.au/services/screening/what-kind-of-screening-do-I-need “DECD” means Department for Education and Child Development “Exemptions” means under the Children’s Protection Regulations 2010 exempt organisations, persons and positions from the requirement to conduct a relevant history assessment in some circumstances. Organisations should assess whether any of the exempting criteria apply to their organisation. The organisations, positions and persons that are exempt from the requirement to undergo a criminal history assessment are: an organisation that provides equipment, food or venues for children's parties or events and does not provide any other services; a person who undertakes work on a voluntary basis to provide a service in his or her capacity as a parent or guardian of a child who is ordinarily provided with the service; a person who undertakes work on a voluntary basis to provide a service and who is under 18 years of age; a person who undertakes work in the course of, or for the purposes of, an event or activity that takes place over a period of not more than 10 consecutive days or not more than 1 day in any month; a person appointed as a police officer; a person who is a registered teacher (within the meaning of the Teachers Registration and Standards Act 2004); a person who undertakes, or a position that only involves, work that is not for the exclusive benefit of children and is not provided to any child on an individual basis; a position that only involves prescribed functions because children are employed or engaged to work as volunteers by the person occupying the position or by that person's employer; a position in which all work involving children is undertaken in the presence of the children's parents or guardians and in which there is ordinarily no physical contact with the children. These exemptions are not available where the volunteer’s role involves the provision of commercial child care; family day care; juvenile justice; child protection services; disability services; or residential care and other overnight accommodation. “Criminal history report” means a summary of your offender history in Australia. It is usually requested by organisations as part of their recruitment process for staff and volunteers. Criminal history reports are also called Police Record Checks, Police checks, National Police Certificates (NPC), Police Certificates, or National Criminal History Record Checks (NCHRC) “Organisation captured by the Children’s Protection Act” means a government organisation, or a nongovernment or local government organisation that provides a health, welfare, education, sporting or recreation, religious or spiritual, child care, entertainment, party, cultural or residential service wholly or partly for children. “Prescribed disability service provider” means a government provider of disability services or a provider funded under the Disability Services Act 1993 (SA). “Prescribed position” in a prescribed disability service provider, means— (a) a position that requires or involves the performance of 1 or more of the following prescribed functions; OR regular contact with people with a disability or working in close proximity to people with a disability on a regular basis, unless the contact or work is directly supervised at all times; or supervision or management of people in positions requiring or involving regular contact with people with a disability or working in close proximity to people with a disability on a regular basis; or access to records of a kind prescribed by regulation relating to people with a disability; or functions of a type prescribed by regulation; (b) a position, or position of a class, in a government department, agency or instrumentality designated (by notice in the Gazette) by the responsible authority for the government department, agency or instrumentality as a prescribed position for the purposes of this section; “Prescribed position” is defined under the Children's Protection Act 1993 (SA) as a position in which a person is engaged in one or more of the following prescribed functions: regular contact with children or working in close proximity to children on a regular basis, unless the contact or work is directly supervised at all times; or supervision or management of persons in positions requiring or involving regular contact with children or working in close proximity to children on a regular basis; or access to records of a kind prescribed by regulation relating to children; or functions of a type prescribed by regulation (see Regulation 10). “Relevant History Assessment” means an assessment of certain information relating to a person in order to determine whether a person presents a risk to the people receiving a service (such as children or people with disabilities). A relevant history assessment may be conducted through the Department for Communities and Social Inclusion Screening Unit or by the employer organisation itself. “Screening Unit” means authorised unit pursuant to the Children's Protection Regulations 2010 and as such is authorised to conduct child-related employment screening on behalf of organisations, as provided for by Regulation 6(1)(b). The Unit is authorised to conduct vulnerable person-related employment screening, aged care sector employment screening and general employment probity checks pursuant to Regulation 12(2). The Unit is also authorised under the Disability Services (Assessment of Relevant History Regulations 2014) to conduct Disability Services Employment Screening for people working or volunteering in a 'prescribed function' under the Disability Services Act 1993 (SA). “Volunteer Organisation Authorisation Number (VOAN)” means a number supplied by the South Australian Police. The VOAN allows eligible non-profit/volunteer sector organisations to receive police checks free of cost for eligible volunteers. “Vulnerable Person-Related Employment Screening” for more information, please visit Screening Unit website at http://www.dcsi.sa.gov.au/services/screening/what-kind-of-screening-do-I-need RELEVANT LINKS: Department for Communities and Social Inclusion Screening Unit fact sheets Aged Care Quality and Compliance Group, Police Certificates Guidelines Department for Education and Child Development website Investigation on the transferability of criminal history record checks Screening and police checks for volunteers fact sheet
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