Jill Hennessy Director

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Employment Screening Preventing insurgency in
your organisation
Jill HennessyDirector Corporate Governance and
Risk Management May 2006
2
insurgency

• The quality or circumstance of being rebellious.
• An instance of rebellion an insurgence.

3
Employment Screening From a NSW Health
perspective
Jill HennessyDirector Corporate Governance and
Risk Management May 2006
4

• History of employment screening in NSW Health
• Categories of employment screening in NSW Health
• Need for consistency in employment screening?

5
History of employment screening in NSW Health

• Wood Royal Commission
• 1984 - Complaints Unit established in Department
• 1987 first draft of guidelines for managing
  allegations of assault
• 1994 resuscitation of draft guidelines

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History of employment screening in NSW Health

• Guidelines finally issued in May 1996
• Guidelines outlined revised recruitment
  procedures
• Applicants asked to disclose prior convictions
• CRCs for any positions involving services to
  children

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History of employment screening in NSW Health

• Policy revised in 1997
• Reference checking
• Factors to be considered in relation to disclosed
  offences
• Pending charges

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History of employment screening in NSW Health

• 1998 child protection legislation introduced
• Child Protection (Prohibited Employment) Act 1998
• Commission for Children and Young People Act 1998
• Established Working With Children Checks
• Prohibited Persons Declaration
• Screening
• Risk Analysis

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Categories of Employment Screening in NSW Health

• Health carries out Working With Children Checks
  for all health staff in CRE
• Includes private sector agencies and others
• Criminal Record Checks for most other staff
• NSW Health staff not in CRE
• Students
• NGOs funded by Health

10
HREOC Guidelines for the prevention of
discrimination in employment on the basis of
criminal record

• Employers should only ask job applicants and
  employees to disclose relevant criminal record
  information
• Criminal record checks should only be conducted
  with the consent of the applicant or employee
• Relevance of a criminal record should be assessed
  on a case by case basis

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Other employment screening strategies

• Structured referee checking
• Vigilance in checking qualifications

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Employment Screening checks in 2005

• 93,000 in total
• 56,000 Working With Children Checks
• 37,000 Criminal Record Checks
• Total of 763 risk assessments

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Allegations against NSW Health employees

• Statutory requirement for NSW Health staff to
  notify serious sex or violence offences
• Requirements to notify Ombudsmans Office of
  child related allegations
• Requirements to notify Ombudsman and CCYP of
  outcome of investigation

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Employment screening generally in NSW

• Healths focus has been on the protection of
  vulnerable clients, including children
• Other risk areas include persons licensed by
  Health to carry out particular functions
• Methadone clinics
• Pre-requisites for registration as a health
  professional good character test

15
Employment Screening in Liquor, Gaming and Racing
portfolio

• Fit and proper person test in liquor laws
• Commissioner of Police must provide a report on
  any liquor licence applicant
• Suitable person test for holder of a casino
  licence
• Suitable person test for casino employees
• Authority members and staff must possess the
  highest standard of integrity

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Need for a standardised approach in employment /
vocational screening in NSW?

• Is it appropriate to carry out criminal and other
  background checks on people who will sell and
  supply alcohol or who will serve as croupiers in
  a casino?
• While at the same time not carrying out such
  checks for people who will be able to prescribe
  and sell drugs of addiction?