The ACT Government will introduce the most comprehensive background checking laws in the country, which will for the first time provide centralised screening of anyone working with children and vulnerable adults.
ACT Minister for Disability, Housing and Community Services Joy Burch will today table a Bill in the Legislative Assembly that seeks to establish a regulatory framework for the background checking and risk assessment of people working – or volunteering – with children or vulnerable adults in the ACT.
“This framework will for the first time provide a consistent and rigorous approach to background checks in the ACT, providing assurance for the most vulnerable in our community – and their families – that those working in positions of trust have met certain requirements,” Ms Burch said.
The guidelines governing the background checks policy will be developed in consultation with stakeholders, and tabled in the Assembly later this year in the form of a Notifiable Instrument.
“I will be holding a roundtable on the development of the risk assessment guidelines, extending invitations to affected stakeholders including the Children and Young People Commissioner, the Health Services Commissioner, the Disability & Community Services Commissioner, ACTCOSS, the Mental Health Community Coalition, Directions ACT and other organisations that made submissions to the discussion paper.”
If the Bill is passed, the ACT will become the first jurisdiction in Australia to extend mandatory background checks for persons working with vulnerable adults, not just children. The checks would be done by a newly-created screening unit within the ACT Office of Regulatory Services.
Examples of services that would be affected by the new legislation include schools, child care, justice places, health care, transport, religious groups, clubs and a range of social services. Checks for employees will incur a small, Government-subsidised and tax-deductible fee, while volunteers will not be charged. Registrations will have to be renewed every three years.
“These new laws will not only protect the vulnerable, they will also benefit employees: for the first time in the ACT, registered persons will be able to move between employers or organisation within the ACT without the need to be rechecked, and risk assessments will be more consistent, transparent and open to appeal.”
The ACT Government allocated $4.1 million over four years in the 2008-09 ACT Budget to develop and operate a checking system. In 2009, 38 submissions were received from the community following consultation on the discussion paper — A Working with Vulnerable People Checks System for the ACT.
Ms Burch said the community strongly supported the introduction of a centralised background checking system, which will make use of information that is already collected by ACT agencies.
“The primary information used for the risk assessment will be an enhanced criminal history check that includes convictions, spent convictions, charges and circumstances information.
“The screening unit will also have access to information relating to Apprehended Violence Orders, Child Protection Orders and employment information held by ACT Government agencies.”
Ms Burch said checking would be phased in over a number of years, commencing in 2011. Special arrangements will be made to enable people already working with vulnerable people to prepare for checking.
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