VR Procedure: Volunteer Police Checks

Transcription

1 VR Procedure: Volunteer Police Checks Overview Purpose The purpose of this procedure is to clarify how to determine when a police check is required for a volunteer role, when an individual may supply their own check and when and how to obtain a new check. Scope This procedure applies to individuals with The Salvation Army Australia Southern Territory, where a police check is required for a volunteer role. Effective Date This procedure is effective from August Contents Topic See Page Overview 1 Terms and Definitions 2 Determining when a Police Check is required 4 Individual supplied Police Check 5 Obtaining a new Police Check 6 Police Check requirements for people from overseas 7 Reference information and related documents 8 ID: TER_PEO_VOL_Proc_ VRProcedureVolunteerPoliceChecks Page 1 of 11

2 Terms and Definitions Definitions Volunteer Term Definition A volunteer is anyone who contributes time, service and skills without expectation of financial gain from TSA to assist in accomplishing the organisation s mission. This includes people who engage in service for spiritual, personal, humanitarian, educational, and/or charitable reasons. National Criminal History Report (Police Check) Volunteer Integrity Check Matrix Disclosable outcomes Recruiting Manager This includes but is not limited to: Soldiers and corps members including local officers in a specific role committee/advisory board members community based/diversion orders ongoing volunteers student placements work-for-the-dole participants corporate volunteers Referred to in this document as a Police Check, is a check of a person s criminal history (including but not limited to, credit, bankruptcy and driving records) through an approved provider. Not all volunteer roles require a Police Check. The Volunteer Integrity Check Matrix provides guidance on the roles and contexts that mandate an integrity check, the type of check required and the rationale for the requirement. This document is located on SArmy:- Contact your Divisional Volunteer Resources Coordinator, or THQ Volunteer Resources team, if further clarity is required. Criminal history information which may include criminal convictions, outstanding charges, convictions with no penalty or sentence, and findings of guilt without conviction. The person who is responsible for managing the recruitment process and offering a volunteer placement. ID: TER_PEO_VOL_Proc_ VRProcedureVolunteerPoliceChecks Page 2 of 11

3 Volunteer Resources team member CrimCheck CrimCheck Authorised users Administrator TSA Administrator Users Volunteer Management System (VMS) A staff member or an Officer at Divisional or Territorial level whose role is to provide expertise and support on the engagement and management of volunteers. A service run by a not-for-profit organisation to provide national criminal history record checking on behalf of other not-for-profit organisations. Individuals authorised by CrimCheck to conduct checks through CrimCheck with specific oversight and access conditions. There are two types of user administrators and users. There is only one administrator for each CrimCheck account. Each CrimCheck account has one administrator who can view all police checks undertaken by users assigned to that account. TPSU Coordinator is the head CrimCheck administrator and has access to all TSA CrimCheck accounts within the Territory, and is responsible for: Maintenance of the CrimCheck contract Development of policy and procedure to reflect CrimCheck regulations. Multiple CrimCheck users can be allocated within a CrimCheck account. Users can forward police checks for processing within their allocated account, and view the results of checks within their account. VMS is the online database system used by TSA to record all volunteers engaged with TSA. The use of VMS is mandatory for all TSA corps/centres and divisional and territorial headquarters where volunteers are present. ID: TER_PEO_VOL_Proc_ VRProcedureVolunteerPoliceChecks Page 3 of 11

4 Determining when a Police Check is required When is a check required? A police check is mandatory if: 1) it is identified as necessary in the Volunteer Integrity Check matrix; 2) an individual discloses they have been convicted of a criminal offence; and/or 3) it is required as part of a funding arrangement. Note: You will need to consult the Volunteer Integrity Check Matrix If there is a significant change to a role or work environment for an existing volunteer, as a police check may now be required. Support If you are unsure whether a police check is required for a volunteer role, contact a Volunteer Resources team member for guidance. Communication of police check requirement Where a police check becomes a requirement for an existing volunteer, for instance due to a change in role or a new funding arrangement, inform the volunteer that a police check is needed for this reason. Where a police check is identified as a requirement for a volunteer applicant, this should be clearly stated in the role profile, role advertisement and in an interview with the preferred volunteer applicant. Privacy The information collected in police checks, in particular any disclosable outcome, is personal and sensitive information. It must: be treated confidentially and in accordance with privacy requirements, and; not be used for any other purpose than for determining a person s suitability for the role within TSA. ID: TER_PEO_VOL_Proc_ VRProcedureVolunteerPoliceChecks Page 4 of 11

5 Individual supplied Police Check When is an existing police check accepted? You may accept an individual s current police check if it was issued less than three months ago. However, you may request a new police check is you prefer. Procedure to sight, assess, and record a current police check This table outlines the steps to sight, assess, and record, an individual supplied police check. Step Action Verify the name and date of birth on the police check against photo identification. Determine if there are disclosable outcomes on the police check. If there is No disclosable outcome A disclosable outcome Then The volunteer role may be offered. 1. Make a copy of the police check; 2. Advise that a risk assessment will be conducted and give the individual an opportunity to provide any further information concerning the disclosable; 3. Advise your Volunteer Resources team member within 3 working days of the need to conduct an assessment; 4. Conduct the risk assessment as per the VR Procedure: Volunteer Criminal History Risk Assessment, and then; 5. If following a risk assessment, it is appropriate to proceed, the volunteer role may be offered. If the individual is placed in the volunteer role, their details and the reference details of the police check must be recorded on the Volunteer Management System. This includes the: Reference number of the check; Date the check was issued and renewal date (3 years after issue date), and; Name, of person sighting the original card, and date of sighting. ID: TER_PEO_VOL_Proc_ VRProcedureVolunteerPoliceChecks Page 5 of 11

6 Obtaining a new Police Check Arranging and paying for a police check If a new police check is required for a volunteer role, TSA should arrange and pay for this on behalf of the individual. This should be done through CrimCheck with police check processing fees charged back to the centre/corps by the division. Procedure to process, assess, and record a new police check This table outlines the steps to process, assess, and record a new police check. Step Action 1. Contact your designated CrimCheck User (DHQ can inform who this is) to download and send you the most recent copy of the consent form. 2. Print the consent form and provide to the individual to complete. Advise that they will also need to get certified copies of their photo identification. Corps Officers may have authority to certify. 3. Once the individual has completed and signed the consent form, and has certified copies of their photo identification (clear and in color), submit this all, via post or scan and , to your CrimCheck User for the police check to be conducted. 4. Once CrimCheck has conducted the check, the TSA CrimCheck User will be notified. If there is Then No disclosable The CrimCheck User will advise you the outcomes volunteer role can be offered. A disclosable 1. The Crimcheck user will advise a outcome Volunteer Resources team member; 2. The Volunteer Resources team member will contact you to advise and coordinate the risk assessment process, 3. With the Volunteer Resources team member, conduct the risk assessment as per the VR Procedure: Volunteer Criminal History Risk Assessment, and then; 4. If following a risk assessment, it is appropriate to proceed, the volunteer role may be offered. 4 If the individual is placed in the volunteer role, their details and the reference details of the police check must be recorded on the Volunteer Management System. This includes the: Reference number of the check; Date the check was issued and renewal date (3 years after issue date), and; Name, of person sighting the original card, and date of sighting. ID: TER_PEO_VOL_Proc_ VRProcedureVolunteerPoliceChecks Page 6 of 11

7 Police Check requirements for people from overseas Checking requirements If an individual has been a citizen or permanent resident of a country other than Australia since turning 16 years of age, and requires a police check for a volunteer role (see Determining when a check is required) then the following steps apply. If... Then... They are able to provide a criminal or police record check from the country in which they resided and the check was issued within the past three months They are able to provide a criminal or police record check from the country in which they resided but the check was issued longer than three months ago They are not able to provide a criminal or police record check from the country in which they resided and they have been in Australia for at least 6 months This may be accepted in place of an Australian check and you can follow the steps for an Individual Supplied Police Check. Sight and assess the overseas check by following the steps for an Individual Supplied Police Check AND the individual must consent to, and apply, for an Australian police check as per Obtaining a new Police Check. If following this, a volunteer role is offered and accepted, the details for the Australian police check must be entered into the Volunteer Management System. They must provide a Statutory Declaration (attached), and consent to and apply for an Australian police check as per Obtaining a new Police Check. They are not able to provide a criminal or police record check from the country in which they resided and they have not been in Australia for at least 6 months They must not be considered for a volunteer role that requires a police check. ID: TER_PEO_VOL_Proc_ VRProcedureVolunteerPoliceChecks Page 7 of 11

8 Reference information and related documents Related documents/system Minute Integrity Checking Procedure: CrimCheck Manual VR Procedure Volunteer Criminal History Risk Assessment Volunteer Criminal History Risk Assessment Form Volunteer Management System HR Procedure: Employee Police Checks Related legislation Privacy Act 1988 Crimes Act 1914 Document control Document Title VR Procedure: Volunteer Police Checks Document ID TER_PEO_VOL_Proc_VRProcedureVolunte erpolicechecks_v01 Author s name Penny Aquino Author s position Territorial Volunteer Resources Director Stakeholders consulted Territorial Professional Standards Coordinator Sponsor Territorial PR Secretary Document controller (position) Territorial VR Director Date of approval June 2015 Approving authority Territorial VR Director Access permissions Unrestricted - internal Date Originally Published August 2015 Date of last review Date of next review June 2016 Archived antecedent documents and Nil previous versions Version control Version no. Issue date Nature of amendment 01 August 2015 Inaugural version Developed by Territorial VR Director Approved by Territorial PR Secretary ID: TER_PEO_VOL_Proc_ VRProcedureVolunteerPoliceChecks Page 8 of 11

9 Attachment 1: VR Procedure: Volunteer Police Checks Commonwealth of Australia STATUTORY DECLARATION Statutory Declarations Act Insert the name, address and occupation of person making the declaration 2 Set out matter declared to in numbered paragraphs I, 1 make the following declaration under the Statutory Declarations Act 1959: 2 I declare that (place tick or cross in applicable box) Since turning 16 years of age, I have been a citizen or permanent resident of a country/countries other than Australia Since turning 16 years of age, I have never been a citizen or permanent resident of a country/countries other than Australia 1. I declare that that I have never been convicted of a crime. I have been convicted of a crime/s, and the details are as follows: I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular. 3 Signature of person making the declaration 4 Place 5 Day 6 Month and year 7 Signature of person before whom the declaration is made (see over) 8 Full name, qualification and address of person before whom the declaration is made (in printed letters) 3 Declared at 4 on 5 of 6 Before me, 7 8 Note 1 A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years see section 11 of the Statutory Declarations Act Note 2 Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959 see section 5A of the Statutory Declarations Act ID: TER_PEO_VOL_Proc_ VRProcedureVolunteerPoliceChecks Page 9 of 11

10 A statutory declaration under the Statutory Declarations Act 1959 may be made before (1) a person who is currently licensed or registered under a law to practise in one of the following occupations: Chiropractor Dentist Legal practitioner Medical practitioner Nurse Optometrist Patent attorney Pharmacist Physiotherapist Psychologist Trade marks attorney Veterinary surgeon (2) a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described); or (3) a person who is in the following list: Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955) Bailiff Bank officer with 5 or more continuous years of service Building society officer with 5 or more years of continuous service Chief executive officer of a Commonwealth court Clerk of a court Commissioner for Affidavits Commissioner for Declarations Credit union officer with 5 or more years of continuous service Employee of the Australian Trade Commission who is: (a) in a country or place outside Australia; and (b) authorised under paragraph 3 (d) of the Consular Fees Act 1955; and (c) exercising his or her function in that place Employee of the Commonwealth who is: (a) in a country or place outside Australia; and (b) authorised under paragraph 3 (c) of the Consular Fees Act 1955; and (c) exercising his or her function in that place Fellow of the National Tax Accountants Association Finance company officer with 5 or more years of continuous service Holder of a statutory office not specified in another item in this list Judge of a court Justice of the Peace Magistrate Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961 Master of a court Member of Chartered Secretaries Australia Member of Engineers Australia, other than at the grade of student Member of the Association of Taxation and Management Accountants Member of the Australasian Institute of Mining and Metallurgy Member of the Australian Defence Force who is: (a) an officer; or (b) a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or (c) a warrant officer within the meaning of that Act Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants Member of: (a) the Parliament of the Commonwealth; or (b) the Parliament of a State; or (c) a Territory legislature; or (d) a local government authority of a State or Territory Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961 Notary public Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public Permanent employee of: (a) the Commonwealth or a Commonwealth authority; or (b) a State or Territory or a State or Territory authority; or (c) a local government authority; with 5 or more years of continuous service who is not specified in another item in this list Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made Police officer ID: TER_PEO_VOL_Proc_ VRProcedureVolunteerPoliceChecks Page 10 of 11

11 Registrar, or Deputy Registrar, of a court Senior Executive Service employee of: (a) the Commonwealth or a Commonwealth authority; or (b) a State or Territory or a State or Territory authority Sheriff Sheriff s officer Teacher employed on a full-time basis at a school or tertiary education institution. ID: TER_PEO_VOL_Proc_ VRProcedureVolunteerPoliceChecks Page 11 of 11