Nurses, midwives and personal care workers working with children or in
aged care should be aware of the requirements and understand their
responsibilities to renew any assessments required for their place of work.
Aged Care:
National criminal
history record check (commonly
known as a police check) requirements
in aged care were implemented to protect the health, safety and wellbeing of
vulnerable aged care recipients. Police checks form part of an approved
provider's responsibility to ensure all staff and volunteers are suitable to
provide care to the aged[1].
Whether nurses, personal care attendants or cleaning staff, all
workers likely to have access to clients and residents in Government subsidised
community and residential aged care are required to undertake a police check. This includes people with access to the care recipient's home through, for
example, a Community Aged Care Package (CACP) or Multi-Purpose Service (MPS). Additionally,
volunteers or contractors working in residential aged care must also have a police
check.
Aged care police
checks are required to be renewed every three years. It is up to the individual
to renew their check before it expires, however most employers remind their
staff when they are close to renewal date so it does not lapse.
The Aged Care Standards and Accreditation Agency monitors
compliance and approved providers must demonstrate they have policies and
procedures in place to adequately assess the police certificates of staff and
volunteers and document the decisions they have made in relation to the
requirements, and suitably manage and monitor the police certificate
requirements for all staff members and volunteers. They must also protect the
privacy of the individuals who are the subject of the police check.[2]
Working with Children
Individuals who are likely to come in
contact with children through work or while volunteering are required to apply
for a Working with Children Check. Valid for five years, the Working with Children Check is there to protect the safety of children who
participate in activities or are cared for outside the home and helps
organisations employing staff and volunteers meet their requirement to protect
the children in their care.
Once again, it is the responsibility of the individual to ensure their check is
up to date and employers are expected to provide policy and procedures that
ensure employees maintain the appropriate checks.
There is a difference
between police checks and working with children checks. Police checks identify
and release relevant criminal history information relating to convictions,
findings of guilt or pending court proceedings.
A Working with
Children Check is more extensive as its objective is to make an assessment of the
level of risk an individual poses to a child's safety.
Currently
the Victorian Government is debating new legislation to strengthen the Working with Children Check after applicants rejected because of serious
criminal convictions, had their rejections overturned by a tribunal.
The new legislation
yet to pass the Legislative Council requires a new ‘reasonable person' test
under which the Justice Department or the tribunal must be satisfied a reasonable
person or parent would let the applicant have unsupervised contact with their
child.[3]
ANF members with
questions relating to these issues should contact the ANF Infoline on 9275 9333.
[1] OFFICE OF AGED CARE QUALITY AND COMPLIANCE Police Certificate Guidelines 2011. http://www.health.gov.au/internet/main/publishing.nsf/Content/C31467C182C8825ACA25776B0080B435/$File/police_check_guidelines.pdf
[2] OFFICE OF AGED CARE QUALITY AND COMPLIANCE Police Certificate Guidelines 2011. http://www.health.gov.au/internet/main/publishing.nsf/Content/C31467C182C8825ACA25776B0080B435/$File/police_check_guidelines.pdf
