5.5 Pre-employment/pre-placement safety screening (police checks)
Overview
The Department of Human Services in its role as an employer, regulator and funder is committed to providing quality services to vulnerable clients in a safe environment. Accordingly, the department requires that funded organisations include rigorous pre-employment safety screening tasks in their recruitment processes, to minimise the risk of employing unsuitable people. This policy outlines the responsibilities of organisations in relation to pre-employment safety screening.
The introduction of the Working with Children (WWC) Act 2005 introduces mandatory screening processes for people who volunteer or work with children.
From 1 July 2006, funded organisations have the responsibility to ensure that employees or volunteers get a Working with Children Check (WWCC), if required. Section 9 of the Working with Children Act 2005 identifies which employees or volunteers require a WWCC. For more information on the WWCC or the WWC Act 2005, visit the Department of Justice website at: http://www.justice.vic.gov.au/workingwithchildren (external link) or call the WWCC information line on 1300 652 879.
The policy guidelines below are related to the Department of Human Services safety screening policy, as distinct from the Working with Children Check.
Policy guidelines
Application of Policy to organisations
All organisations funded by Human Services to provide services to the specified clients and patients categories listed at Attachment 1 are required to comply with this policy.
Organisations funded by Home and Community Care (HACC), Community Care and Disability Services programs are required to conduct checks in accordance with the policy guidelines, where relevant.
Organisations funded from other departmental programs may adopt alternative safety screening processes, which enable them to comply with the intent of the policy.
Organisations are responsible for administering their own safety screening processes, which must comply with the Information Privacy Act 2000.
Note: The following Human Service specific procedures comply with the provisions of the Information Privacy Act 2000. Organisations can adapt the detail where necessary to suit their own administration and organisation.
Organisations must organise their own police checks. Police checks can be obtained directly from Victoria Police or through an authorised service such as CrimCheck or CrimTrac. The Department of Human Services does not organise police checks for funded organisations, however emergency checks, if required, can continue to be submitted through the relevant Department of Human Services Regional Employment Police Checks Coordinator. The department will invoice organisations for any emergency checks conducted on their behalf, except where the department reimburses these costs.
Note: There are strict limits on the number of emergency checks conducted by Victoria Police. Organisations are to inform the relevant region in writing of their intention to employ a person with a disclosable record and the nature of that record.
Organisations must inform persons at the time of consenting to a police record check that, where a decision is made to employ that person, the Department of Human Services will be informed about the presence and nature of any disclosable record.
Organisations are to use the National Consent Form and, unless an invoice arrangement is in place, Victoria Police expects payment to accompany each application. Stocks of these forms are only available from Victoria Police. Organisations may be able to access reduced fees for checks on volunteers. Volunteers must:- not receive any form of recompense for services rendered
- be primarily involved with personal contact with the specified client or patient categories as defined by Victoria Police.
Organisations that believe they may be eligible for the reduced rate should contact Victoria Police for advice about how to apply for access to the volunteer fee.
Spent convictions
A conviction for a Federal Offence under legislation is treated as spent if the punishment imposed was not more than 30 months imprisonment and the person has not re-offended as an adult, after 10 years and for a minor, after 5 years.
No person or organisation, anywhere in Australia, may disclose or take account of spent federal convictions except where the person will be providing services to clients who are minors (under 18 years), or persons with physical or intellectual disabilities. Any person providing a service in these areas will have any spent conviction against them disclosed. Victoria Police will use the relevant legislation on spent convictions of the particular State or Territory.
Spent conviction legislation does not apply to Victorian offences, however, Victoria Police uses the Federal standard for releasing Victorian information.
Victoria Police will generally only release information on Victorian offences outside these parameters when it is clearly relevant to the nature of the work or placement area – which should be clearly identified on the Consent Form.
International checks
Victoria Police does not conduct international checks. International checks are subject to the legislation of the country where the person was a resident.
Any applicant from overseas should contact the relevant overseas police force to obtain a criminal or police records check.
Note: Some countries will not release any information regarding an individual for personal or third party purposes.
Where Police records checks cannot be made, referee checks must be conducted with a number of individuals who personally knew the individual while they were residing in the other country.
The applicant must be informed that referees will be asked whether they have knowledge or information concerning the applicant, which would adversely affect the applicant from performing the job, including any relevant criminal offences.
Note: The credentials of persons acting as referees must be verified and can include previous employers, government officials and family members.
Overseas applicants should not commence employment until this process is satisfactorily completed.
Who can request Police checks?
Agency management can arrange police checks only after gaining the person’s written consent.
Emergency checks require authorisation/action by the relevant Regional Employment Police Checks Co-ordinator who is registered as an Authorised Officer with Victoria Police for these purposes.
However, volunteer checks in organisations or for students must be arranged directly with Victoria Police, as detailed in the Victoria Police Information Package.
Consent form
All requests for Police Checks must be submitted on the National Police Records Check Consent Form (the Consent Form), which must be completed, signed and witnessed prior to forwarding to Victoria Police with a photocopy of relevant identification and the appropriate payment.
An invoice arrangement may be put in place with Victoria Police, by reference to the Victoria Police Information Package.
To assist Victoria Police processes:
- Organisations and students are to use the National Police Checks Consent Form available only from Victoria Police.
- The agency must be identified as the return address. (Note: This is not required for students.)
- The volunteer declaration on the rear of the Consent Form must be completed appropriately and signed to access the volunteer rate.
Victoria Police fees
Victoria Police charges a fee of $28.30, as at July 2005, per National Police Records Check. When authorised by Victoria Police, a reduced fee of $13.00 is available for volunteers, including TAFE and students on placement. Unless a volunteer rate has been authorised, the full fee of $28.30 will be charged.
To meet the definition of volunteer, the person should not receive any form of recompense for services rendered and the work must primarily involve personal contact with the specified clients and patients. (Reimbursement of direct expenses, such as for petrol, does not disqualify the person.)
When the volunteer rate is authorised for an agency or for students, the details should be noted and the declaration completed on the reverse of the Consent Form by the Agency or course co-ordinator.
Confidentiality of Police checks
Victoria Police releases information to employers, community groups and other organisations only with the consent of the individual and on the understanding that once released, it will be regarded as strictly confidential. Information so released must not be forwarded to any other individual or organisation.
Completed police checks containing matters relating to criminal convictions, findings of guilt, outstanding charges and other matters are confidential and must be handled appropriately to ensure security and confidentiality at all times.
Note: Organisations should appoint a senior manager to manage their assessment processes and adapt the detail to suit their own administration.
A senior manager who is well informed about the policy and is accountable for preserving confidentiality during the process should undertake the receipt and assessment of the criminal history record.
Once a criminal history record is assessed and a decision made to employ or not employ a person, the record must be securely destroyed.
In order to comply with Victoria Police policy, that information released to an organisation must not be incorporated into any manual or electronic database or filing system, any Police record recording system used for audit and investigation purposes may contain only the individual’s name, the date of the check and whether or not the individual was approved for employment or placement.
Arranging a Police check
Confirmation of an offer of employment or placement in direct client/patient areas cannot occur until the completed Police check and any referee checks have been assessed and clearance given.
Note: This means a person cannot commence employment or placement until clearance is given.
Applicants from overseas should contact the relevant police force to obtain a police records check on themselves. Overseas applicants generally should not commence until this process is satisfactorily completed.
As Victoria Police do not release information on persons aged sixteen or younger, the requirement for checks for applicants or volunteers aged sixteen or younger should be replaced by referee checks with teachers and parents and others who personally know the individual. The credentials of referees must be verified.
The following steps apply when recruiting in direct client/patient areas:
- Applicants or volunteers presenting for interview are to bring proof of identity documents to the interview (includes birth certificate/passport and driver's licence).
- Applicants or volunteers are to be advised:
- what information may be disclosed in the police check process
- that the information is being collected as a requirement to minimise risk to specified clients and patients
- that the information is required as an endorsed policy standard and that organisations are required to collect the information as part of their contractual arrangement with the department
- that by not providing the information, the applicant will be withdrawing from the recruitment process, student placement or the ability to act as a volunteer.
- The Police check process and the Consent Form is to be explained during the interview.
- Applicants and volunteers must be given a clear understanding of what they are consenting to in signing the Consent Form as per the Victorian Police release policy.
- Applicants or volunteers should be advised to read both sides of the Consent Form and be given the opportunity to do so and ask questions.
- Applicants or volunteers should be advised that following appointment, the Police check record and associated papers would be securely destroyed.
- Applicants or volunteers should be advised that if they were eliminated from the recruitment process prior to reaching the provisional recommended applicant stage, then the Consent Form would be destroyed.
- Applicants or volunteers should be advised that if they were assessed as unsuitable due to a disclosable record from Victoria Police then following any unsuccessful review process, the Police record check and associated papers would be destroyed.
- Applicants or volunteers should be asked whether they wish to sign or not and should be advised of the consequences of not signing.
- Each applicant being interviewed or volunteer must complete and sign the Consent Form.
- The Consent Form is to be witnessed, preferably by a member of the interview panel or the agency officer managing the volunteer process, and a certified copy made of the proof of identity documents.
- The Consent Form of the provisionally recommended applicant or volunteer, together with a copy of proof of identity documents, is to be forwarded to Victoria Police.
- Victoria Police will return the completed check (within ten working days upon receipt by Victoria Police) to the address shown on the Consent Form.
Where the recommended applicant or volunteers has a clear record or is cleared for employment by the assessment process:
- the recommendation may be confirmed
- consent forms of unsuccessful applicants are to be shredded.
Where a provisional recommended applicant is not cleared, the Agency manager must:
- inform the unsuccessful applicant of the decision and its rationale
- provide an opportunity for the unsuccessful applicant to discuss the results
- inform the unsuccessful applicant of the opportunity for the decision to be reviewed.
Arrangements for student placements
Police checks for students seeking placement within a funded agency facility will be administered by the relevant course coordinator in the educational institute.
The relevant course coordinator must ensure students are notified of the department’s information collection requirements, that informed consent is explained to students and that refusal will mean the placement cannot proceed.
Note: As Victoria Police do not release information on persons aged sixteen or younger, the requirement for Police checks for students aged sixteen or younger should be replaced by referee checks with teachers and parents and others who personally know the individual. The credentials of referees must be verified.
The course coordinator should make specific arrangements with the appropriate agency manager. Arrangements will include processes for pre-confirmation assessment of disclosable records.
All checks for students are to be completed prior to confirming the first placement and in each subsequent year of study. The student’s Police check will remain valid for the current course year only. The student has the responsibility to notify any change to their status during the course year to the relevant agency manager.
The student may:
- bring the National Police Certificate to their placement interview; or
- arrange for the agency manager to sight and copy the original National Police Certificate; or
- the relevant course coordinator can submit certified results of Police checks on students seeking placement. In the case where the check results in disclosable court outcomes, outstanding charges or matters under investigation that have not been heard at court, then a certified copy of the National Police Certificate is to be submitted for assessment to determine their suitability for placement.
To avoid duplication and extra expense, students should obtain their own National Police Certificate. Students must complete the Consent Form by providing their name and address, as the return address, to ensure personal ownership of the National Police Certificate.
Students receiving no wages or salary for the placement are eligible to receive a reduced rate for the National Police Records Check. In order to access this reduced rate, the educational institution must obtain prior approval from the Victoria Police (the CVF Number) and the course coordinator must sign the Declaration of Volunteer/Student Status on the Consent Form.
Students should contact the Victoria Police Public Enquiry Service on 9247 5907 for this purpose and use the Consent Form available only from Victoria Police. However, the preferred option by Victoria Police is for bulk transfer of student consent forms at enrolment by arrangement by the course coordinator, where possible. Payment for the National Police Records Check should be by cheque payable to the Victoria Police, made out by the student. In this way, students may provide certified copies of the National Police Certificate for use by their educational institutions and other organisations without violating Victoria Police confidentiality rules.
When Police checks result in a disclosable record
When a Police check results in disclosable court outcomes, outstanding charges or other matters, the relevant Agency Manager will manage the assessment process to determine their suitability for employment or placement. They will ensure that:
- assessment of the disclosable record of the person or student is made in accordance with the assessment criteria
- a recommendation is provided to the relevant Senior Manager for decision
- any decision made for or against a person is able to be justified and fully documented.
Assessment criteria
An applicant should not be automatically precluded from a job or placement on the basis of having a Police record.
Agency managers should give consideration to:
- the relevance of the criminal offence, in relation to the job or placement
- the nature of the offence and the relationship of the offence to the particular job or placement for which the applicant is being considered
- the length of time since the offence took place
- whether the person was convicted or found guilty and placed on a bond
- whether there is evidence of an extended Police record
- the number of offences committed which may establish a pattern of behaviour which renders the applicant unsuitable
- whether the offence was committed as an adult or a juvenile
- the severity of punishment imposed
- whether the offence is still a crime, that is, has the offence now been decriminalised
- whether there are other factors that may be relevant for consideration
- the person’s general character since the offence was committed.
Emergency Police checks
Emergency Police checks may be undertaken for a new employee or volunteer according to the following criteria:
- where client or patient contact is an immediate urgent issue, such as short term, emergency placement of children with extended family members or friends
- for assessing volunteers being used in strike situations.
Procedures for emergency Police checks
Emergency checks are administered within each region by the relevant Regional Employment Police Checks Coordinator, all registered as Authorised Officers with Victoria Police for this purpose.
Provided that a request for an emergency Police check is received by 3pm, the check will usually be completed on the same day.
The procedures to follow are:
- all emergency checks must be processed through the relevant Human Services region
- all information disclosure principles apply to emergency Police checks and the person must still sign the Consent Form
- the Regional Employment Police Checks Coordinator will sign the Consent Form as the Authorised Officer and then fax it to Victorian Police.
Note: Do not subsequently send the original Consent Form to Victoria Police, otherwise a second check will be conducted for which a second fee will be charged.
Victoria Police will undertake the check and fax the result to the Regional Employment Police Checks Coordinator who will then convey this information to the person requesting the check.
The region will invoice an agency for the cost of emergency checks, where appropriate.
Operational Police checks
In addition to employment checks, Victoria Police will perform "operational" checks.
Note: Victoria Police does not charge fees for these checks.
These checks are defined as those sought by either:
- by Authorised Officers in the Child Protection and Care program for the purpose of employee safety; short term, emergency placement of children (including short term placement with a family member); and other concerns that warrant the immediate access to Police records, such as concern regarding a child/young person’s associates; or
- by Authorised Officers for the management of children currently on court orders requiring supervision by the Juvenile Justice program.
Note: Checks on longer term carers (such as foster carers) and checks on current or prospective employees or voluntary workers with the Protection and Care and Juvenile Justice Programs are not included in this definition.
There are Authorised Officers (generally at Unit Manager level) located in all regions/work locations who are registered with Victoria Police for the purpose of "operational" checks. The Service Development Unit in the Child Protection & Care Branch maintains lists of Authorised Officers.
All requests for "operational” checks should be forwarded to the relevant Authorised Officer, who will contact Victoria Police by phone or fax to make the check.
In cases where urgent access is required to Police records after normal working hours, the After Hours Child Protection Service should be contacted on: 131 278