Criminal History Checking - B40 - Human Resources Policy

Criminal History Checking - B40 - Human Resources Policy

Please note that any material printed is regarded as an uncontrolled copy. It is the responsibility of the person printing the document to refer frequently to the Queensland Health Internet site for updates. B40 Criminal History Checking Human Resources Policy Effective Date: June 2009 TABLE OF CONTENTS 1 PURPOSE . 3 2 APPLICATION . 3 3 GUIDELINES . 3 4 DELEGATION . 3 5 REFERENCES . 3 6 SUPERSEDES . 4 7 POLICY . 4 7.1 Employment screening in Queensland Health . . 4 7.1.1 Queensland Health general criminal history checks . . 4 7.1.2 Corrective Services criminal history checks . . 5 7.1.3 Aged care criminal history checks .

. 5 7.1.4 Working with children check (blue card . . 7 7.2 Reporting of criminal charges and convictions . . 8 7.3 Responsibility of selection panels, delegates for appointments, recruitment units and human resources managers . . 8 7.4 Responsibility of persons engaging agency staff/locums . . 9 7.5 Criminal History Unit . . 9 7.6 Criminal History Assessment Panel . 10 7.6.1 Assessment factors . 10 7.6.2 Natural justice . 11 7.7 Payment of fees for criminal history checks . 11 7.8 Confidentiality . 11 7.8.1Suspension reporting requirements . 12 7.8.2 Non-disclosure . 12 7.9 Retention and destruction of documentation .

12 8 APPLYING THE POLICY . 13 8.1 Criminal history checking requirements . 13 8.1.1 Permanent employees . 13 8.1.2 Temporary employees . 14 8.1.3 Casual employees . 14 8.1.4 Overseas applicants . 14 8.1.5 Agency staff/locums . 15 8.1.6 Consultants/independent contractors . 15

HR Policy B40 June 2009 Criminal History Checking Page 2 of 28 Please note that any material printed is regarded as an uncontrolled copy. It is the responsibility of the person printing the document to refer frequently to the Queensland Health Internet site for updates. 8.1.7 Students . 16 8.1.8 Volunteers . 17 8.2 Aged care additional requirements . 18 8.2.1 Persons precluded from providing aged care . 18 8.2.2 Statutory declarations . 18 8.2.3 Key personnel - reasonable steps to be taken . 19 8.3 Criminal history check process . 20 8.3.1 Criminal history checks - delays . 21 8.4 Outcomes of the criminal history checking process .

22 8.4.1Queensland Police Service advice . 22 8.4.2 Criminal History Assessment Panel decisions . 22 8.5 Aged care probity checks process . 23 8.6 Working with Children Check (blue card) process . 25 9 DEFINITIONS . 27 10 HISTORY . 28 ATTACHMENT ONE Queensland Health Criminal History Checking Requirements

HR Policy B40 June 2009 1 PURPOSE To outline the employment screening processes required by Queensland Health or by legislation for employees and other persons. 2 APPLICATION This HR policy applies to all Queensland Health employees and other persons, including agency staff/locums, students and volunteers. 3 GUIDELINES Guidelines may be developed to facilitate implementation of this policy. The guidelines must be consistent with this policy. 4 DELEGATION The ‘delegate’ is as listed in the Queensland Health Human Resource Delegations Manual as amended from time to time.

5 REFERENCES • Public Service Act 2008 • Public Service Regulation 2008 • Aged Care Act 1997 (Cwlth) and associated Accountability Principles 1998 and Sanctions Principles 1997 • Aged Care Amendment (2008 Measures No.

2) Act 2008 • Bankruptcy Act 1966 • Child Protection (Offender Reporting) Act 2004 • Commission for Children and Young People and Child Guardian Act 2000 • Corrective Services Act 2006 • Crimes Act 1914 (Cwlth) • Criminal Law (Rehabilitation of Offenders) Act 1986 • Juvenile Justice Act 1992 • Penalties and Sentences Act 1992 • Privacy Act 1988 • Superannuation Industry (Supervision) Act 1993 • Directive 17/08 – Employment Screening • Directive 6/08 – Appeals Directive • Queensland Health Code of Conduct • Recruitment and Selection HR Policy B1 • Employees to Notify Supervisor if Charged with an Indictable Offence HR Policy E4 • Queensland Corrective Services Procedure Properties – Relevant Persons • Queensland Corrective Services Guidelines for Assessing Suitability – Relevant Persons • Queensland Government Information Standard No.42A Information Privacy for the Queensland Department of Health Criminal History Checking Page 3 of 28 Please note that any material printed is regarded as an uncontrolled copy.

It is the responsibility of the person printing the document to refer frequently to the Queensland Health Internet site for updates.

HR Policy B40 June 2009 6 SUPERSEDES • IRM 3.12-1 Criminal History Checking Policy and Procedures • IRM 3.12-2 Aged Care – Legislative Requirements Relating to Key Personnel • IRM 3.12-3 Pre-employment Screening – Child Related Employment 7 POLICY Queensland Health has a responsibility to: • ensure the safety and security of employees, volunteers and members of the Queensland community who rely on and/or receive services provided by Queensland Health. • maintain public confidence in the integrity of Queensland Health staff. • treat employees, volunteers and prospective staff fairly in relation to any consideration of their suitability for employment in Queensland Health.

• ensure that assessments and decisions made about whether to appoint a person to perform the duties of a particular job in Queensland Health are consistent and based on the principles of natural justice.

7.1 Employment screening in Queensland Health Part 6 of the Public Service Act 2008 provides the legislative basis for criminal history checking provisions for general Queensland Health employment. In addition, the Public Service Commission Directive 17/08 – Employment Screening applies by regulation to Queensland Health employees through Public Service Regulation 2008. Queensland Health complies with other state and Commonwealth legislative requirements relating to employment screening in specific areas of employment, as follows: • Commission for Children and Young People and Child Guardian Act 2000 for regulated child-related employment • Aged Care Act 1997 (Cwlth) for aged care services • Corrective Services Act 2006 for offender health services.

Legislation may necessitate an employee, potential employee or other person to undergo an alternative criminal history check to that provided for under the Public Service Act, or for a probity or other check to be undertaken in addition to the criminal history check required for the specific area of employment.

Reference to the requirement for a criminal history check is to be made on role descriptions and in vacancy advertisements. Refer to the Recruitment and Selection HR Policy B1 and associated guidelines for further information. 7.1.1Queensland Health general criminal history checks From 1 August 2006 a Queensland Health general criminal history check is to be conducted on all persons prior to being appointed for general employment, permanently or when the period of employment will exceed three (3) months. Persons Criminal History Checking Page 4 of 28 Please note that any material printed is regarded as an uncontrolled copy.

It is the responsibility of the person printing the document to refer frequently to the Queensland Health Internet site for updates.

HR Policy B40 June 2009 engaged for any duration in Queensland Health Forensic and Scientific Services is to have a general criminal history check undertaken. General employment in Queensland Health is employment other than in aged care services or offender health services. Persons engaged in these areas are required to undergo pre-employment screening as defined in the relevant legislation. Employees of Queensland Health engaged in general employment who were permanent employees as at 1 August 2006 and who maintain continuous permanent employment with Queensland Health are not required to have a general criminal history check undertaken.

A person under this policy includes permanent, temporary and casual employees, agency staff/locums, students and volunteers. The general criminal history check requirements for specific employment categories are outlined in attachment one of this policy. 7.1.2Corrective Services criminal history checks Persons engaged in the Offender Health Services Branch or providing health services in correctional facilities are relevant persons under the Corrective Services Act 2006. Division 2 of the Corrective Services Act requires all relevant persons to undergo a Corrective Services criminal history check to assess their suitability to undertake work in a QCS facility.

From 1 July 2008 a Corrective Services criminal history check is to be conducted on any person to be engaged by Offender Health Services Branch or to provide health services, for example mental health or oral health services, for any duration in a Queensland Corrective Services (QCS) facility. A person under this policy includes permanent, temporary and casual employees, agency staff/locums, consultants and independent contractors, students and education provider student supervisors, and volunteers. The Corrective Services criminal history check requirements for specific employment categories are outlined in attachment one of this policy.

7.1.3Aged care criminal history checks Commonwealth legislation mandates the criminal history checking of persons engaged in aged care services under the Aged Care Act 1997 (Cwlth) and associated Accountability Principles 1998 and Sanctions Principles 1997. In accordance with section 63-1 (1) (m) of the Aged Care Act, Queensland Health has an obligation to ensure that: • each staff member and volunteer has the required police certificate, and if necessary, a statutory declaration • persons with certain criminal convictions do not provide aged care. Those persons engaged in aged care services subsidised by the Australian Government under the Aged Care Act require an aged care criminal history check to Criminal History Checking Page 5 of 28 Please note that any material printed is regarded as an uncontrolled copy.

It is the responsibility of the person printing the document to refer frequently to the Queensland Health Internet site for updates.

HR Policy B40 June 2009 meet the national police certificate requirements. For Queensland Health these services include, but may not be limited to: • Residential aged care facilities • Community aged care services: o Community Aged Care Packages (CACP) • Flexible care services including: o Extended Aged Care at Home (EACH) o Extended Aged Care at Home Dementia (EACHD) packages o Multi-Purpose Service places • Transition care programs. Overseas applicants who are to be engaged in a Queensland Health aged care service and persons who have been a citizen or permanent resident of a country other than Australia at any time since turning 16 years of age, are required to provide a valid statutory declaration stating they have never been: • convicted of murder or sexual assault or • convicted of, and sentenced to imprisonment for, any other form of assault.

An aged care criminal history check is to be undertaken every three (3) years to obtain a current national police certificate for persons who continue to be engaged in aged care services.

A person under this policy includes permanent, temporary and casual employees, agency staff/locums, consultants and independent contractors, students and volunteers. The requirement for an aged care criminal history check applies to all employees, at all levels, from all occupational streams e.g. medical, nursing, administration, operational, health practitioner, professional and technical. The aged care criminal history check requirements for specific employment categories are outlined in attachment one of this policy.

Key personnel The Aged Care Act identifies the holders of certain positions in aged care services as key personnel.

Queensland Health has a legislative responsibility under section 63- 1A(2) of the Aged Care Act to take all reasonable steps specified in the Sanctions Principles 1997 to ensure none of its key personnel is a disqualified individual. Under the Aged Care Act key personnel include: • any person responsible for the nursing services provided by the service (these persons are to hold a recognised nursing qualification) • any person who is responsible for the day-to-day operations of the service. The following positions are determined to be key personnel in Queensland Health aged care services: • Directors of nursing (including relief, secondment, temporary and casual arrangements) Criminal History Checking Page 6 of 28 Please note that any material printed is regarded as an uncontrolled copy.

It is the responsibility of the person printing the document to refer frequently to the Queensland Health Internet site for updates.

HR Policy B40 June 2009 • Nursing officers Grade 7 and above (including relief, secondment, temporary and casual arrangements). In addition to an aged care criminal history check the following probity checks are required to be undertaken for any key personnel: • Seek(with the person’s written consent) a report about the person’s criminal conviction record from the Australian Federal Police • conduct a search of bankruptcy records • conduct previous employment and referee checks. 7.1.4Working with children check (blue card) Queensland Health is committed to the protection of children’s rights, interests and well-being and will not tolerate child abuse in any form.

In accordance with requirements under the Commission for Children and Young People and Child Guardian Act 2000 (CCYPCG Act), persons convicted of serious offences against children and other vulnerable people will not be employed/engaged in child-related positions involving or potentially involving unsupervised contact with children and young people (i.e. birth to 18 years). The CCYPCG Act mandates a Working with Children Check to obtain a blue card is to be undertaken for persons, paid and unpaid, engaged in regulated child-related employment, e.g. health, counselling or support services. Queensland Health is deemed a ‘government service provider’ under section 9 of the CCYPCG Act.

A person in their capacity as a paid employee of a government service provider engaged in health, counselling or support services does not require a blue card. Although the CCYPCG Act exempts Queensland Health paid employees, Queensland Health subjects these persons to general criminal history checking under the Public Service Act 2008 in accordance with this policy. There is a requirement under the CCYPCG Act for any Queensland Health employee providing services in a school or school boarding facility to obtain a blue card if they meet the frequency test determined by the Commission for Children and Young People and Child Guardian.

Examples include, but are not limited to, mental health services, school-based youth health nurse program, school-based oral health services and some alcohol, tobacco and other drug services.

The CCYPCG Act requires students studying with a tertiary education provider e.g. registered training organisation (RTO), university or TAFE college, to obtain a blue card before they undertake a placement in a health, counselling or support service as part of their study. The CCYPCG Act does not require a health professional student to obtain a blue card when placements are undertaken with a government service provider e.g. Queensland Health. A Working with Children Check is required to be undertaken every two years to obtain a current blue card for persons who continue to be engaged in regulated child-related employment.

Criminal History Checking Page 7 of 28 Please note that any material printed is regarded as an uncontrolled copy. It is the responsibility of the person printing the document to refer frequently to the Queensland Health Internet site for updates.

HR Policy B40 June 2009 A person under this policy includes paid permanent, temporary and casual employees, agency staff/locums, consultants and independent contractors, students and volunteers. The Working with Children Check (blue card) requirements for specific employment categories are outlined in attachment one of this policy.

7.2 Reporting of criminal charges and convictions This policy does not alter the responsibilities of Queensland Health and all employees in relation to the Queensland Health Code of Conduct, and Employees to Notify Supervisor if Charged with an Indictable Offence HR Policy E4. The Employees to Notify Supervisor if Charged with an Indictable Offence HR Policy E4 states an employee is required to provide written advice to the delegate immediately after: • being charged with having committed an indictable offence and details of the alleged offence/offences or • being convicted of an indictable offence and details of the offence/offences and the penalty imposed.

The Queensland Health Code of Conduct applies to all Queensland Health employees, volunteers, contractors and consultants. Principle 3 – Respect for the law and the system of government requires a person to notify their manager if charged with an indictable offence, or convicted by a court of any offence. All new employees, volunteers, contractors and consultants are to be made aware of their obligations under the Code of Conduct. The notification of a relevant charge or conviction by an employee may warrant a criminal history check to be conducted on the employee, irrespective of previous checks undertaken.

7.3 Responsibility of selection panels, delegates for appointments, recruitment units and human resources managers Selection panels, delegates for appointments, recruitment units and human resources managers are to ensure employees, prospective employees and other persons have the requisite criminal history check prior to appointment. Any staff participating in a criminal history check process, including those providing administrative support, are to be made aware of their obligations for confidentiality and comply with this policy.

Selection panels are responsible for obtaining the applicant’s written consent and requesting the appropriate criminal history check.

A criminal history check can only be conducted with a person’s written consent. A criminal history check is only to be conducted on the person/s recommended for appointment. Delegates for appointments are to comply with decisions of the Criminal History Assessment Panel in line with the HR Delegations Manual. Criminal History Checking Page 8 of 28 Please note that any material printed is regarded as an uncontrolled copy. It is the responsibility of the person printing the document to refer frequently to the Queensland Health Internet site for updates.

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