Page 4038 - Week 09 - Thursday, 26 August 2010
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The primary information used for the risk assessment will be an enhanced national criminal history check that includes convictions, spent convictions, charges and circumstance information. The screening unit will also be able to access information relating to apprehended violence orders, child protection orders and employment information held by ACT government agencies. Information about applicants or registered people will be held by the screening unit in accordance with privacy legislation and will not be disclosed to employers.
Detailed guidelines about the risk assessment will be outlined in a notifiable instrument which will be developed with input from the community. The direction of the notifiable instrument will be informed by the policy paper which I have released concurrently with the tabling of this bill in the Assembly. I understand it is available online either now or certainly will be by the end of today.
The principles governing risk assessment are included in the primary legislation and include considerations such as the nature of an offence, the gravity of an offence, how long ago the offence occurred and whether or not an applicant has undergone treatment or intervention for an offence.
The screening unit will inform applicants of proposed decisions, and applicants may correct inaccurate information or provide further information before the screening unit makes a final decision. People found to pose an unacceptable risk will not be registered with the screening unit and will not work with vulnerable people. People may also be deregistered if new information indicates an unacceptable risk.
The screening unit will issue a card with a unique identification number to successful applicants who will be permitted to work with vulnerable people for the period of the registration, which is three years. Conditions may be attached to a registration limiting the circumstances in which a holder may work with vulnerable people. Rechecking will generally not be required when registered people change employers or positions during the registration period.
Employers will be required to validate the cardholder’s registration either online or by telephone prior to engaging that person. Employers will supply contact details to the screening unit as part of the validation process.
The government clearly supports the right of people to work in positions in which they are well suited, have relevant life experience and that deliver benefits to vulnerable people. Position-based registrations will be available to applicants with a significant criminal history that is likely to preclude the granting of a general registration. A position-based registration application may be lodged concurrently with the general registration application and in these circumstances a negative notice will not be made where a person is registered only for a position-based application.
Applicants may choose to submit additional information with their initial application that will enable the screening unit to undertake a more detailed assessment. These submissions can include clinical assessments, probation reports, evidence of successfully completing rehabilitation processes or other information the applicant believes relevant to the assessment, including letters of support from an employer.
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