Aged Care Nationally Coordinated Criminal History Checks in Australia

The Aged Care Act 1997 (the Act) provides the legal framework and backing for all aged care services under the Commonwealth legislation. This legislation falls with but is superior to laws guiding aged care in any Australian state or territory.

The Aged Care Quality standards cover all aged care services including; residential care, home care, other similar care and services which appears under the Commonwealth Home Support Programme. Standard 8 (3) (c) v) provides the requirements for approved providers to espouse systems that will help identify and ensure compliance with pertinent legislation.

An approved aged care provider should document any decision it makes on a police certificate. They must ensure that an issued certificate is satisfactory to the requirements. Every Nationally Coordinated Criminal History Check certificate must include;

• The full name and date of birth of the applicants;
• The date of issuing the certificate
• The reference number or a substitute

There are only two instances where presenting a statutory declaration can be eligible;

• For new staff applicants who are waiting to be issued with a Nationally Coordinated Criminal History Check after application;
• For any staffwho has been a citizen, or permanent resident of a country other than Australia after 16 years of age.

Some convictions prevent a person from being hired, contracted, retained or accepted in an unsupervised role in the care of the aged. Such offences are;

• Convictions for murder or sexual assault
• Convictions leading to sentences/imprisonment for any other form of assaults

Where an individual's conviction(s) does not fall under precluding convictions, approved providers are enjoined to assess such cases pertinently. An approved provider's decision regarding employment on such convictions must be meticulous, defensible and transparent. Guides have been provided in helping approved providers to assess an individual's suitability for a role in aged care services;

• Considerations should be made about the degree of the individual's access to care recipient
• The pertinence of the convictions to the role of the individual
• The proportion of the preclusion to the convictions
• The time that has elapsed since convictions
• Employment history since convictions (with guarantors)
• Findings of therapies/programs that followed their conviction and individual's attitude to convictions
• If there are patterns or links in the individual's convictions
• The likelihood of a recurring incident if the individual is employed

Accredited aged care providers must ensure that their records prove that;

• Every staff of their organisation has a Nationally Coordinated Criminal History Check certificate which is not older than three (3) years.
• An application for the Nationally Coordinated Criminal History Check certificate has been requested for every new staff/member who doesn't have a Nationally Coordinated Criminal History Check certificate.
• A statutory declaration should be made by any staff member who is yet to obtain a Nationally Coordinated Criminal History Check certificate. Or Staff who is a citizen or permanent resident of a country other than Australia.

Approved providers must take possible measures to require any of their staff members to notify them if they are found guilty of a precluding offence within the three years of obtaining an updated Police certificate. A staff member convicted of a precluding offence must not be allowed to continue with the organisation.

The Aged Care Quality and Safety Commission is empowered to monitor the compliance of approved providers to police certificate requirements by the Quality Standards; Standard 8 (3) (c) v). The Department also monitors approved providers under the Act to ensure they meet up to their obligations.

Aged care services whose staffs do not have Nationally Coordinated Criminal History Check requirements can obtain them through either of the two ways;

Obtain them via a Nationally Coordinated Criminal History Check provider like Australian National Character Check.

Or

Obtain them through the Australian Federal Police authorities;

Full aged care police certificate guidelines and policy information (including templates for record keeping and statutory declarations) provided by the Department of Health and Ageing can be downloaded by clicking on the following link: Download PDF.

Australian National Character Check™ provides a 100% online solution for Australian aged care providers to meet employer compliance requirements when hiring or recruiting new staff.

Contact customer support today to find out how Australian National Character Check can streamline Nationally Coordinated Criminal History Checks at your organisation.

We are the only Australian Nationally Coordinated Criminal History Check service provider that provides customer support seven days a week (excluding public holidays).