RELEVANT LEGISLATIVE CHECKS

We operate Ace Caring Services as a place where care workers can offer home care services to customers and participants trust the services we provide. We have made a commitment to protect vulnerable people and make sure that they are not placed at unreasonable risk by using our service.

This policy sets out what we need, where to get it what we’ll do with the information for the protection of our care workers and customers. It applies to all care workers providing or offering to provide services to participants and all Ace Caring Services employees who interact with vulnerable people.

What we need

As a result of our commitment to providing a safe environment for all Care Workers and Customers, we require all care workers using the Mable website to:

  • Provide a valid police check prior to commencing

  • Update this police check every 3 years.

  • Notify us immediately if they are charged with, or are convicted of any criminal offence by emailing info@acecaringservices.com.au

Police Checks

All Criminal History records provided must be from an accredited Australian Criminal Intelligence Commission (formerly CrimTrac) agency or broker approved to access theNational Police Checking Service or from State or Federal police.

Working With Children Check

Working with Children checks are State based and required for all care workers offering services to children

VIC – A Working with Children Card containing worker’s photo is issued by the Victorian government and is required for all care workers working with children 18 years and under. It is valid for 5 years and can be verified on the website once the cardholder’s name and number have been supplied.

A Working With Children Check cannot be accepted as an alternative to a police check.

Our responsibilities

All Ace Caring Services authorised personnel:

  1. Are responsible for the management and protection of police history information at all times.

  2. Must not retain or reproduce police history information.

  3. Assess what information needs to be disclosed on a case-by-case basis against the inherent and / or essential requirements of the position.

  4. Act as the point of contact for the support workers and Ace Caring services employees for matters relating to police checks, this policy and associated procedures and guidelines.

We will keep a copy of the police check supplied by a Support worker for three years.

Support worker responsibilities

All new or existing Support workers (and Ace Caring Services employees covered by the scope of this policy), are to supply a valid police check prior to offering services on the website. The police check certificate provided by the care workers must be less than three years old, from the date of issue recorded on the police check certificate.

What we will do with the information

In reviewing a police check, we will always comply with:

  1. All relevant legislation of the Commonwealth, or any state and territory or local authority, in particular legislation which prevents discrimination on the basis of criminal records

  2. The Commonwealth Spent Convictions Scheme

We can only use the information in a police check to screen, probity check and security vet care workers who are offering or want to offer their services as employees of Ace Caring Services that have access to vulnerable people.

The following items will need to be assessed as “disclosable outcomes”:

  • Record of court convictions

  • Findings of guilt

  • Spent convictions

If you have one of these on your PHI we are required to assess your application in accordance with all Privacy laws and take into consideration the Human Rights and Equal Opportunity Commission Act 1986 (Cth), Commonwealth Spent Convictions Scheme and the Crimes Act 1914 (Cth).

If requested, we may provide a copy of your Police Check and/or Working With Children Check to any clients or providers who enagae with you vie Ace Caring Services.

Confidentiality and discrimination

We must not discriminate on the grounds of a criminal record when making a decision. It is not an act of discrimination to find a care worker unsuitable if a criminal record means that person is unsuitable to perform the inherent or essential requirements of providing home care services to vulnerable people.

We will maintain complete confidentiality and protect care workers’ identities at all times and ensure the information about any criminal record is always used solely for the purposes in which it is intended.

Care workers should carry a copy of their police check and if requested, show it to the customer.

Things on your police history, which would exclude you from being a support worker

Care workers will however be excluded from providing home care services via the Mable website if their disclosable court outcomes include a finding of guilt or conviction for any of the following offences:

  1. Murder or sexual assault

  2. Any other form of assault

  3. Any offence involving harm or exploitation of vulnerable people

  4. Any serious alcohol or drug related offences that indicate a pattern of dependence

  5. Drug trafficking

  6. Any offence involving serious dishonesty, or multiple offences involving dishonesty

  7. Terrorism

We may also exclude any Support worker who has been found guilty or convicted of more than one offence, after consideration of the nature of the offence and other information.

Support workers who have recently been found guilty of multiple minor traffic offences, a serious traffic offence, or driving under the influence of alcohol will not be able to list transport as a service on their profile.

Support workers who have been found guilty of a serious traffic offense, including high range driving under the influence of alcohol, may be excluded after consideration of the nature of the offence and other information, including the period of time that has elapsed since the offence took place.

Definitions

‘Authorised Personnel (AP)’

Designated Human Resources staff of Ace Caring Services who are authorised to handle Police History Information (PHI) and other data relevant to care workers.

‘Australian Criminal Intelligence Commission Agency’

An Australian government executive agency, established by agreement between the Commonwealth, states and territories in July 2000. Formerly referred to as CrimTrac.

’Australian Criminal Intelligence Commission Broker’

An accredited Australian Criminal Intelligence Commission broker approved to access the National Police Checking Service.

’Disclosable outcome’

Record of court convictions and findings of guilt, to which provisions of relevant spent convictions / non-disclosable legislation and / or information release policies have been applied.

‘National Police History check (NPHC) ‘

Otherwise known as a ‘police check’. An NPHC can only be obtained after an informed consent form has been completed by the applicant whose name will be checked and their identity has been established using the Austrac 100-point check methodology.

‘Police History Information (PHI)’

Information relating to disclosable court outcomes or other Information regarding the name provided to Australian Criminal Intelligence Commission and included within a police check.

PHI is only released subject to relevant spent convictions / non-disclosure legislation and / or information release policies.

‘Spent convictions’

Refers to both the Commonwealth Spent Convictions Scheme and various state and territories spent conviction legislation.

The spent conviction legislation is in place to prevent discrimination on the basis of certain previous convictions. The legislation limits the use and disclosure of older, less serious convictions and finding of guilt. Each state and territory of Australia have their own spent conviction legislation and will apply the relevant spent conviction legislation/ release policy prior to disclosure.

For more information

Please see:

  1. Privacy Act 1988 (Cth)

  2. Commonwealth Spent Convictions Scheme

  3. Crimes Act 1914 (Cth)

  4. Freedom of Information Act 1982 (Cth)

  5. Human Rights and Equal Opportunity Commission – ‘On the Record – Guidelines for the prevention of discrimination in employment on the basis of a criminal record’

Feedback

These policies will be updated throughout the year as required.

Your thoughts, comments and suggestions are welcome. Please direct any feedback to feedback@acecaring.com.au