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.

HR Policy B40 June 2009 Local work units/facilities and human resources units are required to coordinate Working With Children Checks (blue cards) for persons engaged in regulated child- related employment, and aged care criminal history checks and probity checks required for key personnel engaged in aged care services. 7.4 Responsibility of persons engaging agency staff/locums It is the responsibility of the person engaging clinical agency staff/locums who will provide direct services to patients to verify with the agency/locum service that staff they supply to Queensland Health have had the required employment screening, for example, an agency nurse has a current blue card and the blue card is sighted before the nurse commences a shift.

7.5 Criminal History Unit The Criminal History Unit, Queensland Health Shared Service Partner (QHSSP) is responsible for the administration of criminal history checking in Queensland Health under this policy, including: • uploading criminal history request data to Queensland Police Service (QPS) • liaising with the QCS Ethical Standards Unit for the coordination of Corrective Services criminal history checks • receiving clearances and disclosable criminal history information on individuals from QPS • referring disclosable criminal histories to the Criminal History Assessment Panel (CHAP) for determinations to be made on the employment of individuals • advising applicants and delegates for appointments of CHAP decisions that an appointment is not to proceed • advising delegates for appointments/managers that an appointment may proceed • undertaking audits of payroll records to ensure all persons required to have a requisite check have done so.

The Criminal History Unit coordinates all requests for: • Queensland Health general criminal history checks • Corrective Services criminal history checks • Aged care criminal history checks (excluding aged care criminal history checks for key personnel) • Renewals of National Police Certificates every three years as required under the Aged Care Act 1997. The Criminal History Unit does not coordinate: • Working with Children Checks (blue cards) for persons engaged in regulated child-related employment • aged care criminal history checks • additional probity checks required for key personnel engaged in aged care services.

Criminal History Checking Page 9 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 Before working in the Criminal History Unit, staff are to undergo a criminal history check. Changes to staffing in the unit are to be approved in advance by the Executive Director, QHSSP. 7.6 Criminal History Assessment Panel The Criminal History Assessment Panel (CHAP) determines the suitability of an applicant who has a disclosable criminal history to perform the relevant duties of the position for which they are recommended for appointment or ongoing appointment. The CHAP is composed of: • a lawyer from the Queensland Health Legal Unit • a senior Queensland Health human resources practitioner, nominated by the Deputy Director-General, Corporate Services.

The Queensland Health Criminal History Unit, QHSSP takes part in the CHAP in an advisory capacity, providing support, advice and reports on convictions. Membership of the CHAP is to be as constant as operationally possible to ensure consistency in decision-making. Any interim changes to the composition of the CHAP are to be approved by the Deputy Director-General, Corporate Services. Any person proposed to be a member of CHAP is to undergo a criminal history check. Decisions of the CHAP to endorse or not endorse the appointment of an applicant are to be unanimous. When CHAP members are unable to reach a unanimous decision, they are to consult the Deputy Director-General, Corporate Services for direction. The CHAP may consult other advisors (e.g. clinical advisors, lawyers) as necessary in undertaking assessments provided all consultations are undertaken in accordance with Queensland Health privacy provisions.

A decision about whether to endorse the appointment of a person to be engaged by Queensland Health to provide offender health services is determined by the QCS chief executive or delegate. Delegates for appointments are to comply with decisions of the CHAP or QCS chief executive or delegate. 7.6.1 Assessment factors In determining the suitability of an applicant to perform the relevant duties of the position, the CHAP considers a number of factors in their decision-making process, including: • any legislative requirements which provide automatic exclusion from employment in specific areas for certain offences • the relevance of the offence to the duties of the job to which it is recommended the person be appointed Criminal History Checking Page 10 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 • whether the appointment of the person with such a criminal history is likely to substantially conflict with Queensland Health’s values and Code of Conduct,or seriously erode public or client confidence in Queensland Health. A criminal record is not to be used to unlawfully discriminate against any person. 7.6.2 Natural justice When the CHAP considers an applicant may be unsuitable for appointment or ongoing appointment, the applicant will be provided with an opportunity to respond (natural justice).

The CHAP or appropriate delegate will provide the applicant with: • a copy of the criminal history report • a request to confirm that they are the person to whom the criminal history report relates • an invitation to make written or oral representations as to their suitability for appointment and to provide other information they consider may be relevant to the consideration of their circumstances and their suitability for appointment to Queensland Health. The CHAP is to act fairly, in good faith and without bias and consider the representations made by the applicant.

If there is no response to the request for the information above within seven days, the applicant is to be excluded from further consideration for appointment to the role. When the QCS chief executive or delegate considers an applicant may be unsuitable for appointment to a Queensland Health position providing offender health services, the applicant will be provided with an opportunity to respond in accordance with the QCS Procedure Properties – Relevant Persons. 7.7 Payment of fees for criminal history checks The costs associated with conducting criminal history checks undertaken in accordance with this policy are charged to the cost centre nominated by the work unit requesting the check. Queensland Police Service (QPS) prescribes the fee schedule for criminal history checks.

Costs associated with Working with Children Checks or other probity checks required are the responsibility of the work unit/facility engaging the person. 7.8 Confidentiality Queensland Health staff are not to disclose criminal history information or provide access to documentation about a person’s criminal history, except in relation to assessing the suitability of a person to perform the duties of a job. The delegate for the suspension or dismissal of an existing employee is to be notified of an employee’s unsatisfactory criminal history.

Criminal History Checking Page 11 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 Criminal history information is to be managed in accordance with Queensland Government Information Standard No.42A Information Privacy for the Queensland Department of Health available on QHEPS. Refer to section 7.10 Retention and Destruction of Documentation. 7.8.1Suspension reporting requirements Under the Queensland Government suspension reporting requirements, Queensland Health is required to identify: • employees on suspension • the status of the suspension • the reason for suspension. If, because of a criminal history check, an employee is suspended, no details regarding a conviction are disclosed as part of suspension reporting requirements. 7.8.2 Non-disclosure A person is not to be asked to disclose personal criminal history information to a selection panel or other employee at any stage during a selection process. 7.9 Retention and destruction of documentation In ensuring compliance with the Privacy Act 1988 and the Queensland Government Information Standard No.42A Information Privacy for the Queensland Department of Health, the Criminal History Unit is the only unit within Queensland Health authorised to retain and store information relating to an employee’s identified criminal history beyond the statutory review periods.

Information to be stored by local human resources units is limited to: • email notification from the Criminal History Unit advising that the appointment may or may not proceed • separate confidential file for the employee due to an unsatisfactory criminal history assessment • a reference on the employee’s personnel file identifying a confidential file exists. The person requesting the criminal history check, the local work unit/facility or human resources unit, is not to record or store: • information relating to an employee’s identified criminal history on an employee’s personnel file • information relating to an employee’s identified criminal history on the payroll system or other record keeping system • any consent and criminal history application documentation. Criminal history information about an applicant or current employee is to be stored securely. Criminal history information, including originals and hard and soft copies of: • the consent form, including proof of identity documentation Criminal History Checking Page 12 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 • correspondence to or from the QPS or QCS Ethical Standards Unit • correspondence to and from the applicant regarding the criminal history checking process • any documents developed in undertaking the assessment of suitability or the reasons for finding the applicant unsuitable to perform relevant duties as a result of criminal history checking is to be destroyed only after fair treatment appeal and judicial review time frames have expired in accordance with the Public Service Act 2008, Directive 17/08 – Employment Screening and Directive 6/08 Appeals, i.e. all documentation is to be destroyed 28 days after email notification is received from the Criminal History Unit. 8 APPLYING THE POLICY 8.1 Criminal history checking requirements 8.1.1 Permanent employees Any person permanently appointed to Queensland Health from 1 August 2006, is to have one of the following criminal history checks undertaken: • a general criminal history check • a Corrective Services criminal history check • an aged care criminal history check. If the requisite criminal history check was conducted while the person was engaged in a temporary capacity immediately preceding their permanent appointment i.e. there has been no break in the continuity of service, there is no requirement for a further check to be conducted. If the requisite criminal history check was conducted while the person was engaged in a casual capacity immediately preceding their permanent appointment and there has not been a break of greater than three months since the last casual shift was worked, there is no requirement for a further check to be conducted.

Existing permanent, temporary or casual employees who have been subjected to either a Corrective Services criminal history check or an aged care criminal history check and who are then appointed/transferred to a position in general employment are not required to have a general criminal history check undertaken, providing there has been no break in the continuity of service. Existing permanent employees engaged prior to 1 August 2006 who accept promotion, deployment or redeployment, transfer, secondment, higher duties/relieving arrangements to a position in Queensland Health Forensic and Scientific Services (QHFSS) are to undergo a general criminal history check. Existing permanent employees who accept promotion, deployment or redeployment, transfer, secondment, higher duties/relieving arrangements in an aged care service, Offender Health Services Branch, or providing offender health services in a QCS facility are to have the requisite criminal history check conducted for that specific area of employment.

Criminal History Checking Page 13 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 8.1.2 Temporary employees Temporary employees who are engaged for more than three (3) months in general Queensland Health employment, including consecutive temporary engagements, are to have a general criminal history check undertaken. Any temporary employee engaged for any duration in an aged care service, QHFSS, Offender Health Services Branch, or providing offender health services in a QCS facility is to have the requisite criminal history check conducted for that specific area of employment.

Existing temporary employees who have been subjected to either a Corrective Services criminal history check or an aged care criminal history check, and who are then consecutively appointed to another temporary,or permanent position in general employment, are not required to have a general criminal history check undertaken, providing there has been no break in the continuity of service. 8.1.3 Casual employees Casual employees who are engaged for more than three (3) months in general Queensland Health employment, including consecutive casual engagements, are to have a general criminal history check undertaken.

Any casual employee engaged for any duration in an aged care service, QHFSS, Offender Health Services Branch, or providing offender health services in a QCS facility is to have the requisite criminal history check conducted for that specific area of employment. Existing casual employees who have been subjected to either a Corrective Services criminal history check or an aged care criminal history check, and who are then consecutively appointed to another casual, temporary or permanent position in general employment, are not required to have a general criminal history check undertaken, providing there has been no break in the continuity of service. For casual employees a break of more than three months between casual shifts constitutes a break in service for criminal history checking purposes. 8.1.4 Overseas applicants Applicants from overseas who possess a temporary work visa, e.g. 457 or 444 visa, may be required by the Department of Immigration and Citizenship (DIAC) to undergo a criminal history check from their country of origin.

DIAC also generally requires an Australian criminal history check to be undertaken in association with applications for permanent residency in Australia. However, persons granted temporary work visas or permanent residency are not required to notify DIAC about criminal records that may arise after receiving their temporary work visa or permanent residency status. Prospective appointees from overseas with temporary work visas or permanent residency permits are to undergo the requisite criminal history check of Australian police records in accordance with this policy.

Criminal History Checking Page 14 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 8.1.5 Agency staff/locums When clinical agency staff/locums are being engaged to provide direct services to patients, the agency/locum service is to supply staff to Queensland Health who have undergone appropriate employment screening. The person engaging the agency/locum service is to verify any staff provided to Queensland Health have undergone appropriate employment screening. Agency staff/locums are to provide evidence of compliance upon request, for example a current blue card. Any agency staff/locums, including clerical staff, engaged in a Queensland Health aged care service who have, or are reasonably likely to have, access to care recipients are required to have a current national police certificate or blue card. A blue card issued by the Commission for Children and Young People and Child Guardian is deemed to meet the requirements for police checks for aged care services under the Accountability Principles 1998.

It is the agency’s/locum service’s responsibility to ensure their staff have a current national police certificate or blue card and can produce evidence of compliance upon request. Agencies/locum services are responsible for the administration and costs associated with national police certificates or blue cards for agency staff/locums. Any agency staff/locums engaged in Offender Health Services Branch or providing services in a QCS facility are required to undergo a Corrective Services criminal history check. Corrective Services criminal history checks are to be coordinated by Queensland Health.

Any agency staff/locum engaged for a continuous period of more than three (3) months is required to undergo a general criminal history check. The general criminal history check is to be coordinated by Queensland Health. Queensland Health’s requirement for employment screening of agency staff/locums is to form part of any tender, contract, service agreement or standing offer arrangement. Purchasing and Logistics Branch can be contacted for advice on formulating an appropriate employment screening clause for inclusion in tender and other procurement documents.

8.1.6 Consultants/independent contractors Consultants and independent contractors require an appropriate criminal history check to be undertaken when they are engaged in one of the following circumstances: • for a period of more than three (3) months when the service they provide includes direct patient care or access to patients for training or other purposes • to undertake work in Offender Health Services Branch or to provide services in a QCS facility • to undertake work in an aged care service when they have, or are reasonably likely to have, access to care recipients • to operate a regulated business as stipulated under the Commission for Children and Young People and Child Guardian Act 2000, unless exempt.

Criminal History Checking Page 15 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 Independent contractors who are tradespersons performing work in an aged care service otherwise than under the control of Queensland Health are not deemed staff members and are not required to undergo an aged care criminal history check. 8.1.7 Students Health professional students Health professional students, who as part of their studies through an education provider, e.g. RTO, university or TAFE, undertake clinical placements within a Queensland Health facility are required to undergo a criminal history check when the expected combined duration of their placements will exceed three months. The Aged Care Act requires students who have, or are likely to have, unsupervised access to care recipients in an aged care service, to obtain a national police certificate. The Department of Health and Ageing deems a blue card issued by the Commission for Children and Young People and Child Guardian satisfies the police checks in aged care arrangements. When a student holds a current blue card no further police checks are required for aged care.

When a health professional student is engaged as a paid employee in a Queensland Health facility during the course of their studies and the total duration of continuous or consecutive paid employment combined with their student placements exceeds three (3) months, a general criminal history check is to be undertaken. The general criminal history check is to be undertaken irrespective of the student holding a current blue card. Non-health professional students A non-health professional student, who as part of their studies through an education provider, e.g. RTO, university or TAFE, undertakes tertiary placements within Queensland Health, are required to undergo a criminal history check when the expected combined duration of their placements will exceed three months. The Aged Care Act requires students who have, or are likely to have, unsupervised access to care recipients in an aged care service, to obtain a national police certificate. The Department of Health and Ageing deems a blue card issued by the Commission for Children and Young People and Child Guardian satisfies the police checks in aged care arrangements. When a student holds a current blue card no further police checks are required for aged care.

When a non-health professional student is engaged as a paid employee in a Queensland Health facility during the course of their studies and the total duration of continuous or consecutive paid employment combined with their student placements exceeds three , a general criminal history check is to be undertaken. International students International students are to be enrolled with an Australian tertiary provider in order to undertake clinical or tertiary placements in Queensland Health facilities. Irrespective of any police checks required by DIAC as part of the student visa process, international health professional and non-health professional students are subject to the same criminal history checking requirements as Australian students. Criminal History Checking Page 16 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 Secondary school students A secondary school student under the age of 18 years who, as part of structured workplace learning coordinated by their school, performs work experience to sample employment in a Queensland Health facility, does not require a general criminal history check. A school student 18 years of age or over, who as part of structured workplace learning coordinated by their school, performs work experience to sample employment in a Queensland Health facility, is to have a general criminal history check undertaken when the total duration of work experience placements will exceed three months. If a school student turns 18 years of age during work experience to sample employment and the duration of work experience placements is expected to exceed three months, a general criminal history check is to be undertaken immediately following the student’s 18th birthday.

Full-time school students 18 years of age or over undertaking work experience placements in an aged care service are required to obtain a national police certificate. When the student holds a current blue card this is deemed to satisfy the police checks in aged care arrangements and no further police checks are required for aged care. 8.1.8 Volunteers Volunteers engaged and coordinated by Queensland Health Volunteers engaged and coordinated directly by Queensland Health are required to undertake a general criminal history check when the duration of their volunteering is expected to exceed three months. The local volunteer coordinator is required to ensure their facility’s volunteers have a criminal history check undertaken. Queensland Health volunteers aged 16 years or over engaged in an aged care service who have, or are reasonably likely to have, unsupervised access to care recipients, are required to have a current national police certificate. When the volunteer holds a current blue card this is deemed to satisfy the police checks in aged care arrangements and no further police checks are required for aged care. Any volunteer required to undertake work in Offender Health Services Branch or in a QCS facility is required to have a Corrective Services criminal history check conducted.

Volunteers engaged from the community to assist in areas of need for one-off or short periods, e.g. to undertake kitchen duties during periods of industrial action, are not required to obtain a blue card. Volunteers provided through external agencies Volunteers may be provided through external agencies such as the Red Cross, or religious groups, e.g. chaplains. External volunteers are required to hold a blue card before they start volunteering in regulated child-related employment regardless of how often they come into contact with children and young people.

Criminal History Checking Page 17 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 Any external volunteer aged 16 years or over, provided to an aged care service who has, or is reasonably likely to have, unsupervised access to care recipients, is required to have a current national police certificate or blue card. 8.2 Aged care additional requirements 8.2.1 Persons precluded from providing aged care The Accountability Principles outline matters that preclude a person from employment in an aged care service. A person is not suitable to provide aged care if there is a police certificate or statutory declaration that records that the person has been: • convicted of murder or sexual assault • convicted of, and sentenced to imprisonment for, any other form of assault. Any person with a conviction for the serious offences outlined above is deemed to be unsuitable and is not to be employed, contracted, hired, retained, accepted as a volunteer, or allowed to provide any other care or ancillary duties, in an aged care service.

8.2.2 Statutory declarations In addition to the requirement for an aged care criminal history check (national police certificate) legislation requires any person who at any time since turning 16 years of age has been a citizen or permanent resident of a country other than Australia, is to provide a valid statutory declaration stating that the person has never been: • convicted of murder or sexual assault or • convicted of, and sentenced to imprisonment for, any other form of assault. A statutory declaration is to be completed by any person commencing in an aged care service prior to their national police certificate clearance being received. To ensure compliance, it is recommended all applicants for an aged care criminal history check complete the statutory declaration available on the SSP Aged care police certificates page on QHEPS.

Statutory declarations are to be forwarded to the Criminal History Unit with aged care criminal history check applications and requests. Queensland Health does not have the authority to seek information from applicants about their criminal history if a conviction is set aside or quashed or it is a charge, except when seeking a National Police Certificate. Applicants are not required to disclose such information in a statutory declaration or otherwise. Employees are to be made aware of their obligations under the Code of Conduct and Employees to Notify Supervisor if Charged with an Indictable Offence HR Policy E4 requiring a person to notify their manager if charged with an indictable offence, or convicted by a court of any offence.

Criminal History Checking Page 18 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 8.2.3 Key personnel - reasonable steps to be taken Interviews At the time of interview, applicants are to be given a clear understanding of their obligations in terms of the Aged Care Act 1997 and the Queensland Health Code of Conduct. Disqualified individuals Section 10A-1 of the Aged Care Act determines an individual is a disqualified individual if: • the individual has been convicted of an indictable offence • the individual is an insolvent under administration or • the individual is of unsound mind. Queensland Health is to ensure none of its key personnel are disqualified individuals. Key personnel aged care criminal history checks Under the Sanctions Principles 1997 a report about a person’s criminal conviction record from the Australia Federal Police is required. It is the responsibility of the selection panel/work unit and local human resources unit to request a key personnel aged care criminal history check directly from the Australian Federal Police. Contact details for the Australian Federal Police national police checks service are below: Australian Federal Police Criminal History Branch Locked Bag No. 1 WESTON ACT 2611 Telephone: (02) 6256 7777 Website: http://www.afp.gov.au/services/operational/criminal_history_checks/national _police_ch ecks.html#forms Probity checks In addition to the requirement for an aged care criminal history check the following probity checks are to be undertaken for key personnel to determine they are not disqualified individuals: • 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. Criminal History Checking Page 19 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 Legislative requirements The Sanctions Principles 1997 require: • each member of the key personnel understands the obligations of key personnel and of Queensland Health under the Aged Care Act in relation to disqualified individuals • when Queensland Health reasonably believes that an individual may be mentally incapable of performing his or her duties as one of the key personnel, arrangements are to be made for the individual to be examined by a registered medical practitioner • when Queensland Health ascertains that an individual is a disqualified individual, appropriate steps are to be taken to ensure the individual ceases to be a member of the key personnel.

If requested by the Secretary to the Department of Health and Ageing, Queensland Health is obliged to provide the Secretary with information as to the steps taken to ensure key personnel are not disqualified individuals. Section 9-1 of the Act requires Queensland Health to notify the Secretary of the following within 28 days after the change occurs: • a change of circumstances that materially affects Queensland Health’s suitability to be a provider of aged care. 8.3 Criminal history check process Refer to the SSP Criminal history checks page on QHEPS for a detailed flowchart, explanatory notes and relevant forms on the process for undertaking a general criminal history check, a Corrective Services criminal history check or an aged care criminal history check; these checks are coordinated by the Criminal History Unit. Principles • A criminal history check can only be conducted with a person’s written consent. • Selection panels are encouraged to seek the written consent of applicants at the time of interview. All consent forms are to be sealed in separate envelopes and stored securely.

• Only the person/s recommended for appointment is to be subject to the requisite criminal history check. • General criminal history checks are to be undertaken in accordance with this policy even when there is no requirement to advertise the vacancy, for example base grade recruitment, or when a selection panel is not formed, for example some temporary appointments. • Criminal history checks will only be undertaken by the Criminal History Unit when the following is provided: o a completed consent/application form signed by the applicant o original copies of suitable proof of identity documentation o a valid statutory declaration (if required) o the delegated manager’s request (fax coversheet) • No permanent appointments can be offered or made until the requisite criminal history check clearance has been received.

Criminal History Checking Page 20 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 Proof of identity Suitable proof of identity documentation is to be provided to confirm the name, date of birth and signature of the applicant. The preferred form of proof is to include a photograph and signature of the applicant. The relevant criminal history check application details items accepted as suitable proof of identity. The relevant criminal history check application and proof of identity is to be provided by the applicant within seven (7) days of being requested to do so. If the applicant does not provide the completed documentation within the required timeframe, the person may be excluded from further consideration for appointment. 8.3.1 Criminal history checks - delays If advice is received from the Criminal History Unit that the result of the criminal history check has been delayed, in exceptional circumstances where critical clinical or organisational needs dictate, a short-term (4 - 8 weeks) temporary engagement may be offered to the applicant whilst the criminal history checking process is completed. Aged care checks – delays In exceptional circumstances the Aged Care Act enables a short-tem temporary engagement to be offered to an applicant prior to an aged care criminal history check being undertaken. The following process is to be adhered to: • All paperwork for the application for the criminal history check is to be completed, signed and forwarded with suitable proof of identity to the Criminal History Unit for processing. In the case of key personnel the Australian Federal Police national police check application is to be forwarded to the local human resources unit for action.

• A valid and authorised statutory declaration is to be forwarded to the Criminal History Unit for any applicant proposed to be appointed under these temporary appointment provisions stating they have never been: o convicted of murder or sexual assault o convicted of and sentenced to imprisonment for any other form of assault in a country other than Australia. • Applicants for whom an aged care criminal history check clearance has not been received are not to have unsupervised access to care recipients, their belongings or their records. Specific arrangements are to be made and documented regarding the appropriate supervision of the applicant in the workplace during the period the aged care criminal history check is being undertaken. Careful consideration is to be given to a range of possible working conditions, i.e. during night shifts and holiday periods when staff numbers, including supervisors may be reduced.

• Only when the conditions outlined above can be demonstrated may a short-term temporary appointment be offered to an applicant. Extensions to the short-term temporary appointment may be made until the criminal history checking process is finalised. Criminal History Checking Page 21 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 8.4 Outcomes of the criminal history checking process 8.4.1Queensland Police Service advice The Queensland Police Service (QPS) processes criminal history checks across all Australian police jurisdictions and provides a report to the Criminal History Unit. In the case of aged care criminal history checks QPS provides advice to the Criminal History Unit that a national police certificate has been issued. The certificate is forwarded directly to the applicant by QPS. It is the responsibility of the applicant to promptly return the original or a certified of the certificate to the Criminal History Unit in the reply paid envelope provided. Originals are copied and returned to the applicant. For Corrective Services criminal history checks a report is provided directly to the Ethical Standards Unit (ESU), Queensland Corrective Services. ESU advises the Criminal History Unit of the report advice.

No criminal history When the Criminal History Unit receives advice the applicant has a clear criminal history or the copy of the national police certificate is received, the Criminal History Unit provides an email advising of the satisfactory outcome of the criminal history check to the person who requested the check. The proposed appointment can proceed. Disclosable criminal history When the Criminal History Unit receives advice or the national police certificate indicates the applicant has a disclosable criminal history, the matter is forwarded to the CHAP for a decision to endorse or not to endorse the appointment or ongoing appointment of the person to Queensland Health.

For Corrective Services criminal history checks, the ESU refers the matter to the QCS chief executive or delegate for a suitability assessment to be undertaken. ESU provides advice to the Criminal History Unit that an applicant has a disclosable criminal history and the matter has been referred to the delegate. The Criminal History Unit notifies the CHAP. 8.4.2 Criminal History Assessment Panel decisions When the CHAP or the QCS chief executive or delegate determines an applicant is unsuitable for appointment or ongoing appointment, the principles of natural justice are to be applied.

External applicants (not current Queensland Health employees) When, after providing the external applicant with natural justice and considering their criminal history and any representations or other information provided the CHAP or the QCS chief executive or delegate still determines the applicant unsuitable for appointment, the Criminal History Unit is to be advised. The Criminal History Unit undertakes the following: Criminal History Checking Page 22 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 • advises the delegate for appointments the appointment of the applicant is not to proceed and directs the delegate to destroy all documentation relating to the criminal history check for that applicant on a specified date • advises the applicant their new appointment to Queensland Health has not been approved. The applicant is advised of their avenues for appeal/review of the decision. An external applicant not endorsed for appointment to provide offender health services may still apply for other roles in Queensland Health. If the applicant is recommended for appointment to another role, the requisite criminal history check will be undertaken. Any disclosable criminal history is referred to the CHAP to determine the applicant’s suitability for the particular role.

Current Queensland Health employees When, after providing the employee with natural justice and considering their criminal history and any representations or other information provided, the CHAP or the QCS chief executive or delegate still determines the employee is unsuitable for appointment or on-going appointment, the Criminal History Unit is to be advised. The Criminal History Unit undertakes the following: • advises the appropriate delegates of the decision regarding the unsuitability of the employee for the work environment so appropriate action can be taken, e.g. suspension, transfer, cessation of temporary contract • advises the appropriate delegate of alternatives proposed by the CHAP for the person’s ongoing employment, if appropriate.

Following notification by the Criminal History Unit the relevant delegate will advise the employee of: • their suitability or otherwise to work in the nominated position/work environment • decisions regarding their ongoing employment including transfer to an appropriate alternative role, or cessation of their employment contract • other information as applicable, e.g. management of transfers, termination payments and/or avenues for appeal. Within 14 days of receiving notification of an employee’s adverse criminal history, the relevant delegate will advise the Criminal History Unit and the line manager of the decision regarding the employee’s ongoing employment. All documentation relating to the criminal history check for the employee is to be destroyed on the date specified. Delegates and line managers are to comply with decisions of the CHAP or QCS chief executive or delegate.

8.5 Aged care probity checks process The additional probity checks required under legislation for key personnel in aged care services are to be undertaken as part of the appointment process. The selection panel, local work unit and human resources unit are responsible for coordinating probity checks for key personnel. Criminal History Checking Page 23 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 Bankruptcy search This is a requirement in order to determine if an individual is an insolvent under administration. The Aged Care Act states the term ‘insolvent under administration’ has the same meaning as in the Superannuation Industry (Supervision) Act 1993. The term essentially relates to people who are undischarged bankrupts, i.e. the period of their bankruptcy has not expired, as well as individuals who have, in the last three (3) years, entered into an arrangement with creditors, including under a deed of assignment or composition under the Bankruptcy Act 1966. The National Personal Insolvency Index (NPII) of proceedings under the Bankruptcy Act can be searched by visiting the CITEC CONFIRM website at www.confirm.com.au or through the CITEC CONFIRM Hotline on (07) 3222 2700 (within Brisbane) or 1800 773 773 (outside Brisbane).

Previous employment and referee checks While conducting a referee check is a requirement of any recruitment and selection process, the primary purpose of conducting previous employment and referee checks in regards to key personnel in aged care services is to assist delegates in their endeavours to determine if an individual is of unsound mind, i.e. the nature of a person’s mental capacity. This requirement is not prescriptive in terms of the number of checks that need to be carried out. It is at the satisfaction of the delegate that adequate and appropriate employment and referee checks are conducted in respect of each recruitment exercise undertaken for key personnel positions.

When an applicant for a key personnel position does not include referees with their application, the applicant is to be requested to provide contact details for referees, particularly those from their most recent employment. When an applicant refuses to provide appropriate referees the applicant is deemed to be unsuitable for recruitment to a key personnel position and is to be advised accordingly. Medical examination When Queensland Health reasonably believes one of its key personnel may be mentally incapable of performing their duties, arrangements may be made for the individual to be examined by a registered medical practitioner. In accordance with s10A-1(5) of the Aged Care Act, an individual who is one of the key personnel of an aged care service is taken to be of unsound mind if, and only if, a registered medical practitioner has certified the person is mentally incapable of performing his or her duties as one of those key personnel. When a registered medical practitioner certifies that an individual is mentally incapable of performing his or her duties as one of the key personnel, guidance is to be sought from the registered medical practitioner to assist in determining suitable action to be taken. A person of unsound mind is a disqualified individual and cannot be a member of the key personnel.

Criminal History Checking Page 24 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 8.6 Working with Children Check (blue card) process Queensland Health employees providing services in a school or school boarding facility are required to undergo a Working with Children Check to obtain a current blue card if they meet the frequency test applied by the Commission for Children and Young People and Child Guardian (the Commission). When an employee is engaged or required to carry out work in a school or school boarding facility for the following periods, a blue card is not required: • less than eight consecutive days • less than once a week over the course of one (1) month • less than once a fortnight over the course of two (2) months • less than once a month over the course of six (6) months. Working with Children Checks are undertaken by the Commission who issue blue cards. It is the responsibility of the selection panel and work unit to ensure any applicants or existing employees who meet the frequency test apply for and maintain a current blue card. Applicants and existing employees are required to obtain a blue card prior to commencing work in a school or school boarding facility. Selection panels and managers have a responsibility to advise persons applying for a blue card that it is an offence under the CCYPCG Act for a disqualified person to apply for a blue card. An individual is a disqualified person if they: • have been convicted of a disqualifying offence (including a child-related sex or pornography offence, or murder of a child) • are a reportable offender with current reporting obligations under the Child Protection (Offender Reporting) Act 2004 • are subject to a child protection offender prohibition order or • are subject to a disqualification order prohibiting them from applying for or holding a blue card.

At the time of interview the chair of the selection panel is responsible for informing all applicants to be interviewed, at the commencement of each interview of the following information: • the provisions of the Commission for Children and Young People Act 2000 (Qld) apply to the position being interviewed for • a Working with Children Check will be undertaken only in relation to the recommended applicant/s • a reference check will also be conducted • the Commission determines a person’s suitability for a child-related position and conducts the Working with Children Check completely independent of Queensland Health • if the applicant preferred on merit is not appointed on the basis of their criminal history and a blue card not being issued, this process will be repeated for applicants in the order of merit until an appointment is made • any documentation provided at interview relating to the Working with Children Check that has not been used will be destroyed following the appointment of the Criminal History Checking Page 25 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 recommended applicant/s and after appeal or judicial review timeframes have expired. Applicants are to be requested to complete the relevant application form, e.g. paid employee blue card application form at interview. Applicants are to be advised to bring suitable proof of identity with them to the interview. Proof of identity documents are to be photocopied, signed and dated, including an annotation indicating that the original documents have been sighted. When an applicant or an existing employee already holds a current blue card issued under employment outside of Queensland Health, the blue card is to be sighted and photocopied and an Authorisation to confirm a valid blue card/application form is to be completed and forwarded to the Commission for validation.

Application forms and associated information are available on the Commission for Children and Young People and Child Guardian website - http://www.ccypcg.qld.gov.au/index.html The chair of the selection panel is responsible for forwarding, under confidential cover, the following documentation to the local human resources unit: • the recommendation to appoint the preferred applicant/s • the completed blue card application form and signed copies of proof of identity documents for recommended applicant/s or the completed Authorisation to confirm a valid blue card/application form • advice of the requirement for a Working with Children Check to be requested from the Commission.

The human resources unit is to forward the request to the Commission and will receive the advice. The human resource unit is to, on behalf of the selection panel, provide the suitability of appointment advice on the recommended applicant/s to the delegate for appointments in a timely manner. When the Commission advises that an applicant has failed to secure a suitability notice, the individual is not to commence/continue duty in the area of child-related employment. A person who is found not suitable to be issued a blue card has a right to appeal to the Commission for a review or for an eligibility declaration to be made. When a person remains employed in regulated child-related employment a blue card is required to be renewed every 2 years. Notices for blue card renewals are forwarded directly to the card holder by the Commission. Work units are responsible for ensuring blue cards are renewed by employees.

Audits of payroll records may be undertaken by the Criminal History Unit to confirm persons identified as requiring a blue card have had their blue card renewed. Criminal History Checking Page 26 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 9 DEFINITIONS Applicant A person applying for a job in Queensland Health who, depending on the duration and location of the position applied for, may be required to undergo a requisite criminal history check. Appointment The employment of a person to work in Queensland Health in any paid or unpaid employment capacity, including volunteering or student placements. Corrective Services criminal history check A search undertaken by Queensland Police of Australia-wide police records, based on a person’s name, to certify if a person either has no disclosable charges and/or convictions or has disclosable charges and/or convictions. A Corrective Services criminal history check includes spent convictions. The outcome of the criminal history check is used by the Corrective Services delegate to determine the suitability of the person to work in offender health services.

Criminal History Assessment Panel (CHAP) Queensland Health nominated representatives who determine the suitability of an applicant with a disclosable criminal history to be appointed to a position in Queensland Health. Criminal History Unit The unit in Queensland Health’s Shared Service Partner responsible for the administration and coordination of requisite criminal history checking processes for employees and potential employees. The Criminal History Unit provides administrative support to the Criminal History Assessment Panel. Disclosable conviction A disclosable conviction is one that is recorded by the court and has not been rehabilitated or spent under the Criminal Law (Rehabilitation of Offenders) Act 1986 and, in the case of Commonwealth convictions, the Crimes Act 1914 (Commonwealth), and the disclosure of which to any person does not breach the Criminal Law (Rehabilitation of Offenders) Act 1986, Penalties and Sentences Act 1992, and the Juvenile Justice Act 1992. Employment screening The process of undertaking criminal history checks or other relevant checks authorised by legislation to determine the suitability of a recommended person proposed to be engaged to perform duties on behalf of Queensland Health.

General criminal history check A search of police records Australia-wide undertaken by the Queensland Police Service, based on a person’s name, to certify if a person either has no disclosable conviction/s or has disclosable conviction/s. The outcome of the criminal history check is used by the CHAP to determine the suitability of the person to undertake general employment in Queensland Health. Criminal History Checking Page 27 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 General employment Is any employment within Queensland Health other than employment in an aged care service or in offender health services. General employment applies to all occupational groups and employment categories. Indictable offence An offence for which a charge may be laid by indictment or an equivalent process, whether that is the only, or an optional, way to lay a charge of the offence. Is an offence against a law of the Commonwealth or of a State or Territory, or that of a foreign country or part of a foreign country that when committed corresponds to an indictable offence against a law of the Commonwealth or of a State or Territory.

National police certificate A national criminal history check report prepared by the Australian Federal Police or by the police force or police service of a State or Territory that discloses evidence of whether a person: • has no recorded criminal convictions • has been convicted of an offence • has been charged with, and found guilty of, an offence but discharged without conviction is the subject of any criminal charge still pending before a Court Show cause In regards to the criminal history checking process, a show cause is a notice providing an opportunity for an applicant to justify why they are to be considered for appointment/ongoing appointment, despite a disclosable criminal history.

10 HISTORY June 2009 Policy amended to update student and volunteer provisions in accordance with Commission for Children and Young People and Child Guardian advice. January 2009 Policy amended to include Corrective Services criminal history checks and updates to aged care criminal history check requirements. IRM 3.12-2 Aged Care – Legislative Requirements Relating to Key Personnel and IRM 3.12-3 Pre-employment Screening – Child Related Employment both incorporated into this HR policy. January 2009 Policy formatted into HR Policy template as a result of the HR Policy Framework consolidation Criminal History Checking Page 28 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.

Attachment One HR Policy B40 June 2009 QUEENSLAND HEALTH CRIMINAL HISTORY CHECKING REQUIREMENTS TYPE OF CHECK REQUIRED EMPLOYMENT CATEGORY GENERAL CRIMINAL HISTORY CHECK CORRECTIVE SERVICES CRIMINAL HISTORY CHECK AGED CARE CRIMINAL HISTORY CHECKž (National Police Certificate) AGED CARE PROBITY CHECKS^ WORKING WITH CHILDREN CHECKa (Blue Card) PAID EMPLOYEES Permanent Appointment* • Persons engaged after 1 August 2006# • Existing permanent employees engaged prior to 1 August 2006 accepting permanent deployment or redeployment, transfer or promotion to Queensland Health Forensic and Scientific Services (QHFSS) • Existing permanent employees engaged prior to 1 August 2006 undertaking a temporary internal secondment or higher duties/relieving arrangement with QHFSS • Persons engaged in Offender Health Services Branch • Existing permanent employees accepting permanent deployment or redeployment, transfer or promotion to Offender Health Services Branch • Existing permanent employees undertaking a temporary internal secondment or higher duties/relieving arrangement with Offender Health Services Branch • Existing permanent employees required to provide services in a Queensland Corrective Services (QCS) facility • Persons engaged in aged care services • Existing permanent employees accepting permanent deployment or redeployment, transfer or promotion to an aged care service • Existing permanent employees undertaking a temporary internal secondment or higher duties/relieving arrangement with an aged care service • Persons engaged as Key PersonnelÈ in aged care services • Existing permanent employees accepting permanent deployment or redeployment, transfer or promotion to an aged care service as Key Personnel • Existing permanent employees undertaking a temporary internal secondment or higher duties/relieving arrangement with an aged care service as Key Personnel • Persons engaged who will provide services in a school or school boarding facility Temporary Appointment (including Relief Pool) • Persons engaged or expected to be engaged for more than 3 months. This includes consecutive temporary and/or casual appointments and extensions • Persons engaged in Offender Health Services Branch or providing services in a QCS facility regardless of the duration of the temporary appointment • Persons engaged in aged care services regardless of the duration of the temporary appointment • Persons engaged as Key PersonnelÈ in aged care services regardless of the duration of the temporary appointment • Persons engaged who will provide services in a school or school boarding facility Criminal History Checking Page 1 of 6 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.

Attachment One HR Policy B40 June 2009 Page 2 of 6 Criminal History Checking 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. • Persons engaged in QHFSS regardless of the duration of the temporary appointment Casual Appointment (including Relief Pool) • Persons engaged or expected to be engaged for more than 3 months. This includes consecutive casual and/or temporary appointments and extensions • Persons engaged in QHFSS regardless of the duration of the casual appointment • Persons engaged in Offender Health Services Branch or providing services in a QCS facility regardless of the duration of the casual appointment • Persons engaged in aged care services regardless of the duration of the casual appointment • Persons engaged as Key PersonnelÈ in aged care services regardless of the duration of the casual appointment • Persons engaged who will provide services in a school or school boarding facility AGENCY STAFF/LOCUMS • Any agency staff/locums engaged for a continuous period exceeding 3 months Check undertaken by Queensland Health. This requirement is to form part of the contract or service agreement.

• Any agency staff/locums engaged in Offender Health Services Branch or providing services in a QCS facility Check undertaken by Queensland Health. This requirement is to form part of the tender, contract or service agreement. • Any agency staff/locums 16 years of age and over engaged in aged care services who have, or are reasonably likely to have, access to care recipients It is the responsibility of the agency/locum service to ensure staff provided to Queensland Health have a current national police certificate or blue card∞. This requirement is to form part of the tender, contract or service agreement. • Any agency staff/locums engaged in an aged care service as Key PersonnelÈ It is the responsibility of the agency/locum service to ensure staff provided to Queensland Health as Key Personnel have had the appropriate probity checks. This requirement is to form part of the tender, contract or service agreement. • Any agency staff/locums engaged in health, counselling or support services, unless otherwise exempted under the Commission for Children and Young People and Child Guardian Act 2000 • Any agency staff/locums engaged who will provide services in a school or school boarding facility It is the responsibility of the agency/locum service to ensure staff provided to Queensland Health have a current blue card unless exempted. This requirement is to form part of the tender, contract or service agreement.

CONSULTANTS/ INDEPENDENT CONTRACTORS (including training • Any consultant/ independent contractor and their staff who will be engaged for a continuous period • Any consultants/ independent contractors and their staff engaged in Offender Health Services Branch or • Consultants/independent contractors and their staff 16 years of age and over engaged in aged care services who have, or are • Consultants/independent contractors and their employees who operate regulated businesses as stipulated under the

Attachment One HR Policy B40 June 2009 consultants) exceeding 3 months and who will provide direct patient care or require access to patients for training or other purposes. Check undertaken by Queensland Health. This requirement is to form part of the tender, contract or service agreement. providing services in a QCS facility Check undertaken by Queensland Health. This requirement is to form part of the tender, contract or service agreement. reasonably likely to have, access to care recipients It is the responsibility of the consultancy or independent contractor to ensure they and any staff have a current national police certificate or blue card∞. This requirement is to form part of the tender, contract or service agreement.

Commission for Children and Young People and Child Guardian Act 2000, unless exempt It is the responsibility of the consultancy or independent contractor to ensure they and any staff have a current blue card. This requirement is to form part of the tender, contract or service agreement. STUDENTS Health Professional Students • Health professional students undertaking clinical placements when the combined duration of the placements is expected to exceed 3 months. • Health professional students engaged in paid employment during the course of their studies when the total duration of the paid employment is expected to exceed 3 months.

Check undertaken by Queensland Health • Any health professional student undertaking clinical placements in Offender Health Services Branch or in a QCS facility Check undertaken by Queensland Health • Health professional students undertaking clinical placements in aged care services who have, or are reasonably likely to have, unsupervised access to care recipients are to hold a current national police certificate or blue card∞. Non-Health Professional Students • Non-health professional students undertaking tertiary placements or engaged in paid employment when the combined duration is expected to exceed 3 months in total Check undertaken by Queensland Health • Any non-health professional students undertaking tertiary placements in Offender Health Services Branch or in a QCS facility Check undertaken by Queensland Health • Non-health professional students undertaking tertiary placements in aged care services who have, or are reasonably likely to have, unsupervised access to care recipients are to hold a current national police certificate or blue card∞.

Criminal History Checking Page 3 of 6 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.

Attachment One HR Policy B40 June 2009 Criminal History Checking Page 4 of 6 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. Secondary School Students • Secondary school students 18 years of age or over undertaking structured workplace learning, i.e. work experience to sample employment, when the total duration of work experience placements is expected to exceed 3 months Check undertaken by Queensland Health •Secondary school students 18 years of age or over undertaking structured workplace learning, i.e. work experience to sample employment, in aged care services, who have, or are reasonably likely to have, unsupervised access to care recipients are to hold a current national police certificate or blue card∞. Queensland Health Sponsored Student Scholarship and Cadetship Holders • Students undertaking work placements as a requirement of their scholarship/cadetship when the total duration of work placements will exceed 3 months Check undertaken by Queensland Health • Students undertaking work placements of any duration in Offender Health Services or in a QCS facility as a requirement of their scholarship/cadetship Check undertaken by Queensland Health • Students undertaking work placements in aged care services as a requirement of their scholarship/cadetship who have, or are reasonably likely to have, unsupervised access to care recipients are to hold a national police certificate or blue card∞.

VOLUNTEERS Volunteers engaged and coordinated by Queensland Health • Volunteers coordinated by Queensland Health when the duration of the volunteering is expected to exceed 3 months. Check undertaken by Queensland Health • Any volunteer engaged in Offender Health Services Branch or in a QCS facility Check undertaken by Queensland Health • Volunteers 16 years of age or over engaged in aged care services who have, or are likely to have, unsupervised access to care recipients are to hold a national police certificate or blue card∞.

Check undertaken by Queensland Health. Volunteers of external agencies e.g. Red Cross • Any volunteer engaged in Offender Health • Any volunteer 16 years of age or over engaged • Any volunteer

Attachment One HR Policy B40 June 2009 (including Chaplains) Services Branch or in a QCS facility Check undertaken by Queensland Health in aged care services who has, or is likely to have, unsupervised access to care recipients It is the responsibility of the volunteer organisation to ensure its volunteers have and maintain a current national police certificate or blue card∞. undertaking employment regulated under the Commission for Children and Young People and Child Guardian Act 2000, unless exempt, must have a blue card before they start volunteering regardless of how often they come into contact with children and young people It is the responsibility of the volunteer organisation to ensure its volunteers have and maintain a current blue card.

žIn addition to the requirement for an aged care criminal history check (national police certificate) any person who at any time since turning 16 years of age has been a citizen or permanent resident of a country other than Australia is to provide a valid statutory declaration stating that the person has never been: • convicted of murder or sexual assault or • convicted of, and sentenced to imprisonment for, any other form of assault. ^ Aged care probity checks are to be undertaken for persons engaged as key personnel in aged care services in addition to the requirement for an aged care criminal history check (national police certificate). Probity checks include conducting a check of bankruptcy records and previous employment and referee checks. aWorking with Children Checks (blue cards) are to be undertaken for paid employees who provide health, counselling or support services in a school or school boarding facility, in addition to any requirement for a general criminal history check * Any person permanently appointed to Queensland Health must have the criminal history check undertaken relevant to their employment as below: • General employment – General Criminal History Check • Offender Health Services – Corrective Services Criminal History Check • Aged care services – Aged Care Criminal History Check (National Police Certificate). If the person has been engaged in another employment category immediately prior to their permanent appointment, confirmation is to be obtained from the Criminal History Unit as to whether the individual has already been subjected to the relevant check whilst engaged in that prior capacity. For example, a person is engaged in a temporary vacancy in an aged care service for 3 months. There is a requirement the person is to have been subjected to an aged care criminal history check (national police certificate) prior to commencement. If after 2 months in the temporary engagement the person is successful in obtaining a permanent appointment in another Queensland Health aged care service, the selection panel must confirm with the Criminal History Unit that an aged care check has been undertaken and the person has a current national police certificate.

Criminal History Checking Page 5 of 6 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.

Attachment One HR Policy B40 June 2009 # Persons who were permanent employees of Queensland Health as at 1 August 2006 and remain permanently engaged in general employment are not required to be subjected to a general criminal history check. An existing permanent employee may by requested to undertake a general criminal history check as a result of notification of a relevant charge being laid or a conviction being made against an employee. ÈRefer to section 7.1.3 of the Criminal History Checking HR Policy for a definition of Key Personnel. ∞ The Department of Health and Ageing deems a blue card issued by the Commission for Children and Young People and Child Guardian satisfies the police checks in aged care arrangements.

Criminal History Checking Page 6 of 6 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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