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Purpose

This Policy defines the circumstances when employee screening checks being Criminal History Checks and Working with Children Clearances (Ochre Cards) are performed at Central Desert Regional Council (Council) for employees.

The Care and Protection of Children Act (CPCA) 2007 establishes a comprehensive framework for promoting and safeguarding the wellbeing of children in the Northern Territory. The object of Part 3.1 of the CPCA - Screening for child-related employment – is ‘to ensure individuals who pose an unacceptable risk of harm or exploitation to children are prevented from contacting children through their employment’. CDRC will therefore achieve this objective by prohibiting such individuals from being engaged in child-related employment.

Scope

This Policy applies to all Council employees and volunteers.

Legislation and Reference

Local Government Act 2019
Fair Work Act 2009
Central Desert Regional Council Enterprise Agreement
NT Anti-Discrimination Act (1992)
SAFE NT
Care and Protection of Children Act (CPCA) 2007
Northern Territory Information Act 2002

Policy Statement

Criminal History Checks

It is a condition of employment, that all employees at Council will be required to have a Criminal History Check to confirm employment with the Council. The Council will pay for the criminal history employee-screening check.

Some employees (for example those working in Aged and Disability Service programs) will require a criminal history check every 2 years or as required by legislation.

If an employee is transferring into a new role at Council after 2 years of employment with Council, they will be required to have another Criminal History Check. If an employee is changing locations only, then there will be no requirement for a new Criminal History Check to be completed, unless required by legislation. The Council will pay for the criminal history employee-screening check.

Working with Children Clearance

It is a condition of employment, that all employees engaged in child-related employment at Council will be required to obtain a Working with Children Clearance (WWCC) commonly known as an Ochre Card and continue to maintain a current Ochre Card. An Ochre Card stays current for two years and must be updated after that time. Council will pay for the employee to obtain and renew an Ochre Card, to confirm and continue employment with the Council.

Further, Council has also identified high risk positions whom regularly interact with vulnerable members of the community, that are also required to obtain an Ochre Card. Council will pay for the employee to obtain an Ochre Card.

High-risk positions that must hold a current Ochre Card:

• All employees working in the Children’s Services and Libraries Department
• All employees working in the Aged Care Department
• All employees working in the Youth and Communities Department
• All employees working in the Community Development Program Department
• All community based employees working in the Council Services Department
• All employees working in the Remote Repairs and Maintenance Team
• All employees working in the Tenancy Management Team
• All community based employees working in the Roads Department

If it is not readily apparent whether an employee will or might perform child-related work, and the employee does not fall within one of the above mentioned high risk positions/teams, the Regional Manager, People and Culture will determine the need for an Ochre Card in consultation with the line manager by having regard to the following guiding principles:

• Will the employee have or potentially have any physical contact with children?
• Will the employee have or potentially have any verbal contact with children, whether face to face or by other means?
• Will the employee have or potentially have any written communication with children?

Situations will be assessed on a case-by-case basis by the line manager and the Regional Manager, People and Culture, always ensuring that the wellbeing of children is the paramount consideration.

An employee required by this policy to hold a current Ochre Card must not engage in their work or duties, or be engaged to undertake their work or duties until the manager is satisfied that the employee holds a current Ochre Card. If the employee holds an Ochre Card issued prior to the worker’s engagement with Council, the People and Culture Team must obtain evidence of the current Ochre Card and contact SAFE NT to establish that the Ochre Card has not been revoked under section 192 of the CPCA.

In circumstances where an application or a renewal of an Ochre Card, have been made for an employee and Council is waiting on the outcome of the application, the People and Culture Team may apply for a temporary exemption through SAFE NT or the manager must take all reasonably practicable steps to ensure the employee does not have any physical or verbal contact with children and does not engage in any form of written communication with children.

If an employee is transferring into a new high risk role at Council, the People and Culture Team must check evidence of the current Ochre Card and contact SAFE NT to establish that the Ochre Card has not been revoked under section 192 of the CPCA.

Processing Screening Checks

The People and Culture Team are responsible for the timely processing of both the Criminal History Checks and Working with Children Clearances. This includes processing of initial screening checks and also renewal of screening checks in line with Policy and legislation. The employee and line manager are responsible for providing the required documents to the People and Culture Team in a timely manner to process.

Evaluating Screening Checks

When evaluating both of the screening checks for a current or potential employee, the Regional Manager, People and Culture, relevant Director and/or the CEO will look at:

• the nature of any convictions and how relevant they are to the position description and the inherent requirements of the position applied for.
• when the offences occurred and whether or not they are still legally applicable.
• the age of the applicant when the offences occurred.
• whether the applicant has a pattern of offences.
• whether the applicant’s circumstances have changed since the offence was committed.

Council will treat all employee-screening checks as confidential. The screening checks will only be viewed by Executive Management, relevant Managers and the People and Culture Team.

All employment with Council is subject to and conditional upon a satisfactory clearance of Criminal History Check and Ochre Card if the role involves interacting with children and it is listed as a high risk role in this Policy.

Council will also treat people with a criminal history fairly and in accordance with anti-discrimination, spent conviction and privacy laws.

Any decision not to employ an Applicant due to a criminal record (and the reasons for the decision in full) will be made by the CEO and must be communicated back to the individual by the Director or Regional Manager with support from the Regional Manager, People and Culture. In these circumstances, the National Police Certificate can be made available for the applicant to view, however a copy of the National Police Certificate will not be provided to the Applicant concerned.

Review History