POLICE CHECK POLICY - Australian Red Cross

POLICE CHECK POLICY1. POLICY STATEMENTRed Cross has a commitment to protect and not place atunreasonable risk vulnerable people, members of thecommunities we serve, the Red Cross workforce and anyonewho enters a Red Cross workplace.All Red Cross people who are in the scope of this policy mustundertake a police check prior to commencement and every 3 years thereafter. They must alsoadvise Human Resources if during their employment or placement with Red Cross they arecharged with, or convicted of any criminal offence which is or reasonably may be regarded byRed Cross as relevant to their position, or to the inherent requirements of their position.In conducting a police check, Red Cross is demonstrating due diligence and equity and fairnessin its selection and appointment of existing and prospective Red Cross people.Red Cross is an accredited agency approved to access the CrimTrac National Police CheckingService.Red Cross will not accept a previous police check or a police check completed from anotherorganisation. However, where an applicant has not resided in Australia or has recently arrivedin Australia, Red Cross will request the applicant to provide an international police clearance,or other suitable records/documentation.In conducting a police check, Red Cross will always comply with:all relevant legislation of the Commonwealth, or any state and territory or localauthority, in particular legislation which prevents discrimination on the basis ofcriminal recordsthe Commonwealth Spent Convictions Schemeits obligations as set out in the Contract with CrimTrac AgencyThis policy sets out Red Cross’s approach to obtaining a national police check as a pre-requisitefor employment and / or placement in all Red Cross positions and as a condition of thecontinuing nature of that relationship.This is an uncontrolled document – please access the intranet for the current versionDocument number: HR ATT 04Authorised by: Chris Steinfort – Director, Human ResourcesDate: 13 March 2013page 1 of 6

POLICE CHECK POLICY2. SCOPEThis policy applies to all Red Cross people - existing and prospective staff, volunteers, boardmembers, state / territory advisory board members, committee members and office bearersand any member who as a volunteer, is involved in or wishes to be involved in providingservices to vulnerable people.3. DEFINITIONS‘agency personnel (AP)’‘applicant’designated Human Resources staff who are authorised torequest police checks, handle Police History Information(PHI) and other data relevant to applicants.an individual who provides written informed consent toauthorise Red Cross to conduct a police check of their name‘authorised officer (AO)’‘CrimTrac Agency(CrimTrac)’‘disclosable outcome’‘National Police HistoryCheck (NPHC)’The Recruitment Manager, Human Resources who is amember of the Human Resources leadership teaman Australian government executive agency, established byagreement between the Commonwealth, states andterritories in July 2000record of court convictions and findings of guilt, to whichprovisions of relevant spent convictions / non-disclosablelegislation and / or information release policies have beenappliedotherwise known as a ‘police check’NCHC is requested when an informed consent form has beencompleted by the person whose name will be checked andidentity has been established using the Austrac 100-pointcheck methodologyThis is an uncontrolled document – please access the intranet for the current versionDocument number: HR ATT 04Authorised by: Chris Steinfort – Director, Human ResourcesDate: 13 March 2013Australian Red Crosspage 2 of 6

POLICE CHECK POLICY‘Police HistoryInformation (PHI)’information relating to disclosable court outcomes or otherinformation regarding the name provided to CrimTrac andincluded within a police checkPHI is only released subject to relevant spent convictions /non disclosure legislation and / or information releasepolicies‘spent convictions’refers to the Commonwealth Spent Convictions Schemethe scheme allows a person to disregard some old criminalconvictions after ten years (or five if a juvenile offender )andprovides protection against unauthorised use and disclosureof this information4. RESPONSIBILITIES4.1. Compliance with this policyAll people referred to in the scope are required to comply with this policy.4.2. CEO sub delegationsThe CEO Sub-delegations provide delegated authority from the CEO to a Red Cross staffmember who occupies an identified position to undertake certain activities on behalf ofRed Cross. The CEO Sub-Delegations document includes specific delegations in relationto Human Resources.4.3. Authorising Officer and Agency Personnelis responsible for and have the authority to request a police check throughCrimTracmust protect Police History Information at all timesmust not retain or reproduce Police History Informationis responsible for the overall management of Police History Informationassesses all disclosable outcomes on a case by case basis against the inherent and/ or essential requirements of the positionacts as the point of contact for the Red Cross workforce for matters relating topolice checks, this policy and associated procedures and guidelinesThis is an uncontrolled document – please access the intranet for the current versionDocument number: HR ATT 04Authorised by: Chris Steinfort – Director, Human ResourcesDate: 13 March 2013Australian Red Crosspage 3 of 6

POLICE CHECK POLICY5. PROCEDURE5.1. A police check can only be requested for the purposes of employment screening,probity checking and personnel security vetting of existing and prospective staff,volunteers, board members, state / territory advisory board members, committeemembers and office bearers and any member who as a volunteer, is involved in orwishes to be involved in providing services to vulnerable people.5.2. All new or existing Red Cross people covered by the scope of this policy are tocomplete a satisfactory police check prior to commencement and / or offer ofemployment or engagement in a volunteer position.5.3. The requirement for a police check will be advised on the Red Cross WebsiteCareers site and at the commencement of an application for employment orengagement with Red Cross.5.4. During the recruitment process of any Red Cross person they must be advised ofthe requirement to undertake a police check.5.5. A police check can only be requested after an informed consent form has beencompleted by the person whose name will be checked and identity has beenestablished using the Austrac 100-point check methodology.5.6. A new informed consent must be completed by the person whose name will bechecked and identity has been established using the Austrac 100-point checkmethodology prior to requesting each and every police check including 3 yearrenewals5.7. Police check applications are processed by authorised users through CrimTracNational Police Checking Service in accordance with contractual obligations.5.8. When a police check is completed, Red Cross will retain as its permanent recordsthe original completed application and consent form and confirmation that apolice check has been conducted and store on the relevant personnel file.5.9. Where a disclosable outcome arises, the AO and AP must assess the applicant’sPHI in accordance with all Privacy laws, Red Cross Privacy Policy and take intoconsideration the Human Rights and Equal Opportunity Commission Act 1986(Cth), Commonwealth Spent Convictions Scheme and the Crimes Act 1914 (Cth).This is an uncontrolled document – please access the intranet for the current versionDocument number: HR ATT 04Authorised by: Chris Steinfort – Director, Human ResourcesDate: 13 March 2013Australian Red Crosspage 4 of 6

POLICE CHECK POLICY5.10. Agency Personnel must not discriminate on the grounds of a criminal record whenmaking a decision. It is not an act of discrimination to find a person unsuitable fora particular role if an applicant’s criminal record means that he or she isunsuitable to perform the inherent or essential requirements of that role.5.11. The AO and AP must maintain complete confidentiality and protect the applicant’sidentity at all times and ensure the information about an applicant’s criminalrecord is always used for the purposes for which it is intended.5.12. A disclosable outcome does not automatically exclude an individual from workingor volunteering at Red Cross. When assessing the relevance of an applicant’sPolice History Information, the Agency Personnel will consider the following:the relevance of the Police History Information to the inherent requirementsof the work they will be required to dothe seriousness of the conviction or offencethe severity of any penalty imposedwhether the offence has been decriminalised or removed from the statuteswhether in relation to the offence there was a finding or guilt but withoutconviction, which may generally indicate a less serious view of the offence bythe courtsthe age of the applicant when the offence occurredthe period of time that has elapsed since the offence took placewhether the applicant had a pattern of offencesthe circumstances in which the offence took place – for example, domesticsituationwhether the applicants circumstances have changed since the offence wascommitted, for example, previous drug usethe attitude of the applicant to their previous offending behaviourThey will also pay particular consideration to the following:murder or sexual assaultany other form of assaultany offence involving harm or exploitation of vulnerable peopleThis is an uncontrolled document – please access the intranet for the current versionDocument number: HR ATT 04Authorised by: Chris Steinfort – Director, Human ResourcesDate: 13 March 2013Australian Red Crosspage 5 of 6

POLICE CHECK POLICYany serious alcohol or drug related offences that indicate a pattern ofdependencedrug traffickingany offence involving dishonestyterrorism5.13. Police History Information must not be reproduced or printed under anycircumstances.6. RELATED DOCUMENTSHR PLA 01 – Human Resources FrameworkHR PLA 02 – Human Resources Policies OverviewHR ATT 01 – Recruitment and Selection PolicyPrivacy PolicyCrimTrac contract and Standard Operating Procedures (for HR use)7. REFERENCESPrivacy Act 1988 (Cth)Commonwealth Spent Convictions SchemeCrimes Act 1914 (Cth)Freedom of Information Act 1982 (Cth)Human Rights and Equal Opportunity Commission – ‘On the Record – Guidelinesfor the prevention of discrimination in employment on the basis of a criminalrecord’8. FEEDBACKAs part of HRs commitment to continuous improvement, all HR Policies are refreshed by 1February annually. Additionally these policies will be updated throughout the year as required.Your thoughts, comments and suggestions are welcome. Please direct any feedback tohrfeedback@redcross.org.auThis is an uncontrolled document – please access the intranet for the current versionDocument number: HR ATT 04Authorised by: Chris Steinfort – Director, Human ResourcesDate: 13 March 2013Australian Red Crosspage 6 of 6