People with a disability can be more vulnerable to abuse, neglect, and exploitation than other members of the community. A high priority for the Department of Communities is to increase the safety of people with a disability when they are accessing funded services.
The Disability Services Act 2006 introduced criminal history screening for all people engaged by funded non-government service providers. The Act makes it unlawful for a person to work or volunteer for a funded non-government service provider at a service outlet (place where disability service is provided) without an application being made for a criminal history check.
Under the Act, all workers and volunteers must undergo criminal history screening every three years. People working in funded non-government service providers will be issued with a positive notice card that verifies they have had a criminal history screening within the past three years.
Please note that changes to the Act will occur from 1 July 2010.
Table of contents:
Who undergoes criminal history screening?
The legislation requires all people engaged by a funded non-government service provider to undergo criminal history screening every three years. Engaged persons include employees, volunteers, students, contractors, executive officers and members of a board, management committee or other governing body.
Criminal history screening is not required for consumers, tradespeople who are not employees, relatives of a consumer providing volunteer care for their relative and people engaged only to work outside of the hours that disability services are provided.
The obligation is on the service provider to identify all people who fit the definition of an engaged person and submit an application for a prescribed notice on behalf of each engaged person. Under the Act it is the service provider's responsibility not to engage a person unless a criminal history screening application has been made.
Service providers are reminded that a prescribed notice should only be applied for when an individual is to be engaged at a service outlet.
Individuals cannot apply for a prescribed notice 'just in case' they might wish to work or volunteer with a people with a disability outside a Department of Communities funded non-government disability service provider.
When does someone undergo criminal history screening?
An application for criminal history screening must be made before a person starts work at the service outlet. For volunteers, the process must be complete (i.e. a positive notice must be issued) before they can commence duties in the service outlet.
Criminal history screening will be conducted every three years for each person who continues to work for a funded service provider.
Criminal history screening process
The service provider must apply for a criminal history check on behalf of each engaged person. The service provider is also responsible for seeking the person's consent to conduct a criminal history screening.
Service providers will submit applications to the Department of Communities either by mail or electronically. Applications must be on the approved forms and signed by the service provider and the engaged person.
A person can consent to more than one application through different service providers at around the same time. The Department of Communities will advise both service providers who have submitted an application of the outcome.
The department will forward the application to the Queensland Police Service for a national check of the person's criminal history.
The department will use the information to determine whether or not a person should be engaged by a funded non-government service provider. A decision to issue either a positive or negative notice will be made by the Director-General, Department of Communities.
A positive notice means a person can work for a funded non-government service provider. A positive notice will last for three years from the date of issue unless it is cancelled due to a change in criminal history. After the positive notice expires the person must apply for a renewal of a positive notice.
A negative notice means that a person can not work for a funded non-government service provider.
Service providers can engage a person once an application has been submitted. However, if a negative notice is issued, this will have an impact on the person's engagement with the organisation.
Obligations of non-government service providers
It is the service provider's responsibility to submit an application for a prescribed notice and obtain a person's consent for criminal history screening for each engaged person.
The application must be submitted on the approved form. Application forms are also available on request by emailing criminalhistoryscreening@disability.qld.gov.au or phoning the Criminal History Screening Hotline 1800 183 690.
Under the Disability Services Act 2006, the service provider cannot engage or continue to engage a person unless an application for a prescribed notice is submitted. A service provider cannot engage a person who holds a current negative notice.
This work is licensed under a Creative Commons Attribution 3.0 Australia License