Page 4922 - Week 12 - Tuesday, 25 October 2011
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
vulnerable people or providers of regulated activities and services. Through the use of conditional registration, which includes role-based registration, the bill recognises that sometimes an employee’s or volunteer’s life experiences can be used for the benefit of vulnerable people, and people with lived experiences are encouraged to apply.
At present, some employers undertake their own background checks on their employees and volunteers. Employers also do their own risk assessments using the information received through the background check. Vulnerable members of the ACT community are awarded some protections under these background checking systems, although the current criminal history information used by an employer to determine the suitability of an employee or volunteer is limited.
The bill’s background checking and risk assessment process overcomes this issue by permitting a broader criminal history background check and an equitable risk assessment process. It also provides safeguards for employers, employees and volunteers by centralising the checking system and providing the option of applicants to seek a review of their risk assessment decision. The bill provides a protective measure for the vulnerable person as well as ensuring that an individual’s career and/or volunteer opportunities are not unduly influenced by non-relevant criminal information, such as a parking infringement.
The proposed background checking scheme complements an organisation’s recruitment practices and other policies to create safe working places for clients, employers, employees and volunteers. Any costs incurred by the employer through undertaking their own background checks are either borne by the employer or passed to the volunteer or employee. Employers are also subject to the costs associated with the liabilities that may arise from their background checking decisions.
The checking system introduced through the bill is aimed at having a minimal financial impact on employees and employers. Volunteers will not pay a fee for background checking. The $71 fee for background checking of an employee covers the cost of administering the scheme, including licensing fees associated with accessing CrimTrac information.
People working or volunteering with vulnerable people will apply to be registered by completing an application form which asks the applicant to detail their conviction and non-conviction history. The applicant can also provide with their application form any information they believe will assist with determining their suitability to volunteer or work with vulnerable people. Information about applicants and registered people, including the outcome of the risk assessment and the reasons for determinations of risk, will be held in accordance with privacy legislation.
Although the applicant for registration will be involved in the risk assessment process from beginning to end and will be informed of the reasons supporting the risk assessment decision, employers will only know whether a person holds a registration card and any conditions imposed on the registration. The person’s history and other private information will not be disclosed to employers. People who are not registered or who are deemed to present an unacceptable risk of harm to vulnerable people will be prohibited from working with vulnerable people in the ACT.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video