Police Check/Probity Policy

Background

The Mable website is a platform where support workers can offer care services to customers. We are committed to taking steps to protect vulnerable people to ensure that they are not placed at unreasonable risk by using the Mable website.

This policy sets out what we need, where to get it and what we’ll do with the information for the protection of our support workers and customers.

Scope

This policy applies to all support workers providing or offering to provide services to customers via the Mable website, support worker applicants and all Mable employees and contractors who interact with vulnerable people.

What we need

As a result of our commitment to safeguard users of the Mable website, we require all support workers using the Mable website to:

  • Provide a valid police check prior to their profile being made available on the Mable website.
  • Update the police check at least every 3 years.
  • Notify us immediately if they are charged with, or are convicted of, any criminal offence by emailing info@mable.com.au

Police Checks

All Police Check records must be obtained through Mable’s verification provider, Checked Australia Pty Ltd.

Working with Children Check (WWCC)

Working with Children Checks are State based and required for support workers offering services to children.

State

Responsible body issuing WWCC

Valid for

NSW

Office of Children’s Guardian

5 years

QLD

Blue Card Services

3 years

VIC

Working with children check Victoria

5 years

SA

Department of Human Services

3 years

WA

WA Government Working with children check

3 years

NT

Working with children clearance

2 years

TAS

Consumer, Building and Occupational Services

3 years

ACT

ACT Government

3 Years

 

A Working with Children Check (WWCC) cannot be accepted as an alternative to a Police Check.

Mable’s responsibilities:

  • Applying this policy, procedures and associated guidelines.
  • Responsible for the management and administration of the checks in accordance with this policy.
  • Verification and outcome of checks will be managed in accordance with Mable internal procedures.
  • A copy of the checks/ records supplied by a support worker will be stored on their profile.

Responsibilities of Support Workers:

  • All new or existing support workers are to obtain a valid police check prior to offering services on the Site. All support workers are to supply a valid WWCC as required under relevant State legislation.
  • When requested by a Customer or / Approved Provider, support workers may be required to provide a copy of their Police/ WWCC check.                  

What we will do with the information

In reviewing a police check, we will comply with:

  • All applicable legislation of the Commonwealth, or any state and territory or local authority, legislation which prevents discrimination based on criminal records
  • The Commonwealth Spent Convictions Scheme
  • Mable will only use the information in a police check to screen and vet support workers who are offering or want to offer their services via the Mable website or employees of Mable who have access to vulnerable people.
  • We may engage the services of a third-party service provider to assist us with our enquiries (including verifications of police checks).

The following items will need to be assessed as “disclosable outcomes”:

  • Record of court convictions
  • Findings of guilt
  • Spent convictions               

Any disclosable outcomes will be assessed in accordance with Privacy laws, any Approved Provider’s Privacy Policy and take into consideration the Human Rights and Equal Opportunity Commission Act 1986 (Cth), Commonwealth Spent Convictions Scheme and the Crimes Act 1914 (Cth).

We may provide a copy of your Police Check and/or WWCC to any customers or Approved Providers who engage you, or are connected to your engagement, on Mable.                                            

Confidentiality and discrimination

Mable will not discriminate on the grounds of a criminal record when making a decision. It is not an act of discrimination to find a support worker unsuitable if a criminal record means that person is unsuitable to perform the inherent or essential requirements of providing home care services to vulnerable people.

We will maintain complete confidentiality and protect support workers’ identities at all times and ensure the information about any criminal record is used solely for the purposes in which it is intended.

Support workers should carry a copy of their police check/WWCC and if requested, show it to the client/ participant and approved or registered provider.

How we assess the information

Having a disclosable outcome does not automatically exclude you from offering services on the Mable website or becoming a Mable employee. When assessing the relevance of your police history information, we will consider:

  1. the relevance of the police history information to the inherent requirements of the work they will be required to do
  2. the seriousness of the conviction or offence
  3. the severity of any penalty imposed
  4. whether the offence has been decriminalised or removed from the statutes
  5. whether in relation to the offence there was a finding of guilt but without conviction, which may generally indicate a less serious view of the offence by the courts
  6. the age of the applicant when the offence occurred
  7. the period of time that has elapsed since the offence took place
  8. whether the applicant had a pattern of offences
  9. the circumstances in which the offence took place    
  10. whether the applicant’s circumstances have changed since the offence was committed, for example, previous drug use
  11. the attitude of the applicant to their previous offending behaviour

Things on your police history which would exclude you from being a support worker

Support workers will however be excluded from providing home care services via the Mable website if their disclosable court outcomes include a finding of guilt or conviction for any of the following offences:

  1. murder or sexual assault
  2. any other form of assault
  3. any offence involving harm or exploitation of vulnerable people include violence against animals
  4. any serious alcohol or drug related offences that indicate a pattern of dependence
  5. drug trafficking
  6. any offence involving serious dishonesty, or multiple offences involving dishonesty
  7. terrorism 

We may also exclude any support worker who has been found guilty or convicted of more than one offence, after consideration of the nature of the offence and other information.

Support workers who have recently been found guilty of multiple minor traffic offences, a serious traffic offence, or driving under the influence of alcohol may not be able to list transport as a service on their profile.

Support workers who have been found guilty of a serious traffic offence, including high range driving under the influence of alcohol, may be excluded after consideration of the nature of the offence and other information, including the period of time that has elapsed since the offence took place.

Definitions    

‘Australian Criminal Intelligence Commission Agency’

An Australian government executive agency, established by agreement between the Commonwealth, states and territories in July 2000.

’Disclosable outcome’

Record of court convictions and findings of guilt, to which provisions of relevant spent convictions / non-disclosable legislation and / or information release policies have been applied.

‘Spent convictions’

Refers to both the Commonwealth Spent Convictions Scheme and various state and territories spent conviction legislation.

The spent conviction legislation is in place to prevent discrimination on the basis of certain previous convictions. The legislation limits the use and disclosure of older, less serious convictions and finding of guilt. Each state and territory of Australia have their own spent conviction legislation and will apply the relevant spent conviction legislation/ release policy prior to disclosure.

For more information

Please see:

  1. Mable Privacy Policy
  2. Mable Terms of Use
  3. Privacy Act 1988 (Cth)
  4. Commonwealth Spent Convictions Scheme
  5. Crimes Act 1914 (Cth)
  6. Freedom of Information Act 1982 (Cth)
  7. Human Rights and Equal Opportunity Commission – ‘On the Record – Guidelines for the prevention of discrimination in employment on the basis of a criminal record’

Feedback

These policies will be updated throughout the year as required.

Your thoughts, comments and suggestions are welcome. Please direct any feedback to info@mable.com.au

Last updated: September 2020