Criminal history screening - frequently asked questions
Disability Services Act 2006: A guide to criminal history screeningWhy has criminal history screening been introduced?
People with a disability can be more vulnerable to abuse, neglect or exploitation than other members of the community. Criminal history screening is one practical way to enhance the safety of people with a disability.
Even though some workers or volunteers do not deal directly with people with a disability, they may still have some contact with them.
Therefore, all people who are employed or proposed to be employed (including volounteers) by a funded service provider at a service outlet will need to be screened.
Who is screened?
Any person working or volunteering in a service outlet must be screened, including:
- employees and volunteers (including students on work experience with the service provider)
- people who have a contract with the service provider
- executive officers and members of a board, and
- management committees or other governing bodies.
Screening is not required for:
- consumers
- tradespeople who are not employees
Also, screening is not required for volunteers who are a relative of a person with a disability receiving services at a service outlet, as long as they only provide care for their relative.
Do I have to apply for criminal history screening myself?
Individual workers do not have to apply for criminal history screening. The funded service provider must apply on behalf of individuals. The service provider must seek the person's consent to conduct screening and must sight two forms of identification prior to lodging the application. This information is required so that the person's identity can be verified before screening is conducted.
Applications must be submitted using an application form, which is available from this website.
When will I be screened?
An application for criminal history screening must be made before a person starts work at the service outlet.
Criminal history screening will be conducted every two years for each person who continues to work for a funded service provider.
If there is a change in a person's criminal history, that person is required to notify the service provider of the change in history.
However, prosecuting authorities such as the Queensland Police Service will usually notify Disability Services Queensland if a person who has previously been screened is charged with or convicted of a further offence.
What if I work for more than one funded service provider?
The funded service provider must seek a person's consent for criminal history screening to be conducted. It does not matter if a person consents to more than one application from different service providers at the same time.
Disability Services Queensland will keep a register of all applications. Only one criminal history check will be conducted and only one positive notice letter and card will be issued. Both service providers who have submitted applications for screening will be advised of the outcome.
If a person has already undergone criminal history screening in the previous two years, they may show their positive notice letter or card as evidence. In this case, the service provider does not need to submit an application for screening, but may contact Disability Services Queensland to double check the person is able to work at their service outlet. In this case, Form 10-6 should be used to verify a positive notice card has been issued.
What criminal history information will Disability Services Queensland obtain?
Criminal history screening is a national check of a person's entire criminal history. This includes all charges and convictions from across Australia. In some cases, this may include information about current or past investigations into certain types of offences.
The Act overrides the Criminal Law (Rehabilitation of Offenders Act) 1986. This Act would usually prevent disclosure of all but serious charges or convictions after a certain period of time.
How will Disability Services Queensland use the information?
Disability Services Queensland will use the information it receives to determine whether or not a person should be employed by a funded service provider at a service outlet.
This decision will be made by the Director-General of Disability Services Queensland. Staff from the Criminal History Screening Unit will assist the Director-General in this work.
If a person has a criminal history, no final decision about a person's eligibility for employment will be made until the person has been advised, and has had the opportunity to provide further information (a submission) in response to Disability Services Queensland.
Once a decision is made a person will be issued with either a positive or a negative notice. These terms are explained below.
What offences will affect the decision?
Where a person has no criminal history, a positive notice will be issued. However, having a criminal history does not automatically affect a person's engagement.
Where a person has a criminal history, the Act provides detailed guidance on types of offences and how they must be considered in making a decision. Assessment Guidelines have also been developed in accordance with the Act to assist in the decision-making process.
The Act identifies some serious and excluding offences that will impact on the decisions that are made. If one of these offences appears in a person's criminal history, the Act and the Assessment Guidelines provide direction on the decision that is to be made as a result.
The prime consideration in decision-making is the right of people with a disability to live free from abuse, neglect or exploitation.
Other factors that will be taken into consideration in making a decision are:
- nature of the offence
- when the offence occurred
- whether it was a charge or conviction
- the penalty imposed
- the relevance to engagement with people with a disability.
What is a positive notice?
A positive notice means a person can work for a funded non-government service provider at a service outlet.
If an application for criminal history screening is approved, a person will receive a positive notice (letter) and a positive notice card.
The card is evidence that a positive notice has been issued to that person. The letter will detail all the obligations of the person in relation to criminal history screening. Both should be kept safe.
A positive notice lasts for two years from the date of issue, unless it is cancelled earlier because of a change in criminal history.
After the positive notice expires, the person must apply (through their service provider) for a renewal of their positive notice.
What is a negative notice?
A negative notice means that a person cannot work for a funded service provider at a service outlet.
It is an offence for a funded service provider to employ a person with a negative notice at a service outlet.
A negative notice is valid indefinitely unless it is cancelled or is successfully appealed through the Commercial and Consumer Tribunal. A negative notice can also only be appealed in certain circumstances.
What if I disagree with the decision?
In most cases, if the person disagrees with the Director-General's decision to issue a negative notice they may lodge an appeal with the Commercial and Consumer Tribunal.
Who will have access to criminal history information?
There are strict arrangements in place to ensure the confidentiality of personal information.
Information obtained through criminal history screening will only be made available to the individual and those officers responsible for making a decision. It is unlawful for these officers to disclose the information.
The service provider will be advised of the decision that is made on the basis of a person's criminal history. However, they will not be provided with any information about the history or the reasons for the decision. All information will be stored safely and securely.
When can I start working for a service provider?
Workers may start employment at a service outlet once an application for criminal history screening has been made.
A person can also be employed if they have been previously screened by Disability Services Queensland and hold a current positive notice letter and card. A person cannot start work if they have a current negative notice.
What happens if my criminal history changes while I am working?
A person with a current positive notice must immediately disclose any changes in their criminal history to the service provider. There is no requirement to disclose the details of the change.
The service provider must then submit another application for criminal history screening to Disability Services Queensland. This application will be considered in the same way as all other applications and a new (positive or negative) notice will be issued. In a small number of cases, the change in history may be serious enough to require action to be taken before a final decision is made. These cases are detailed in the Act. Disability Services Queensland will advise if this is the case.
Last updated July 2008