Search

 

Policy: Criminal Record Screening for Students Undertaking Clinical Placements in Health Facilities

General Information
File Number 200302514
Purpose To advise students of legislative, ACT and NSW Government requirements regarding criminal history checks.
Relevant To All Internal to ANU, Staff, Students
Related Topics Health, Safety & Environment, Teaching & Learning, Students, Risk Management, Security (Health, Safety & Environment)
 
Authorisation & Contact Information
Responsible Officer Registrar
Approved By Vice Chancellor
Contact Area Registrar
Authority Child Protection (Prohibited Employment) Act 1988 (NSW) (State)
Commission for Children and Young People Act 1988 (NSW) (State)
Privacy Act 1998 (Commonwealth)
Relevant Dates
Effective Date 01 June, 2003
Date Approved 01 June, 2003
Next Review 31 December, 2007
 
Principles

PRINCIPLES

1. SIGNIFICANCE OF CLINICAL PLACEMENTS

Clinical placements are a significant and sometimes mandatory component of a number of programs at the Australian National University (the University). The University relies upon state, territory and private health providers for access to clinical training facilities. Access to these facilities is regulated by the operators of the facilities. This policy focuses upon the requirements of the ACT and NSW governments and their health services, as that is where the majority of University placements occur.

Students who are not able to undertake clinical placements at any point during their enrolment at the University as a result of a result of a criminal history check may be excluded from courses requiring placements in health facilities. Students may be eligible to transfer to other University programs.

2. ACT AND NSW GOVERNMENT REQUIREMENTS

The ACT Department of Health and Community Care and the NSW Department of Health have policies that require all students undertaking placements, or who require access in any capacity to facilities operated by them, to undertake a criminal history check prior to the placement. In addition, the Commission for Children and Young People Act 1998 (NSW) and the Child Protection (Prohibited Employment) Act 1998 (NSW), require criminal record checks of all students who will be in direct contact with children.

As a result of these requirements, all University students who have a clinical placement component in their program will be required, prior to placements commencing, to undertake a criminal history check. The criminal history check is to be conducted by the Australian Federal Police (AFP) and include sexual, serious offence and child offence checks.

The AFP will issue a certificate when the criminal history check is completed. The ACT and NSW governments will only recognise the certificate issued by the AFP as it is enforceable in all States/Territories in Australia.

The student must retain the original certificate issued after the check has been conducted for the duration of their enrolment in the program that requires a placement. It may be required to be presented whenever attending a clinical placement in an ACT or NSW government health facility.

3. OTHER PLACEMENTS

Where students undertake placements in non-ACT and NSW government operated health facilities, such as health facilities operated by other state and territory governments or private providers, different requirements from those set out in this policy may apply. These different requirements must be settled by the student with the health facility operator and the University prior to placement commencing.

PROCEDURES

1. OBTAINING A CRIMINAL HISTORY CHECK

Students will be provided with relevant forms and information issued by the AFP (Appendix 1) at the time the University offers a place in a program.

It is a student’s responsibility to submit the ‘Criminal history check application form’ to the AFP directly and in time. Students are responsible for any costs incurred in undertaking the criminal history check.

A ‘Name Check’ is sufficient to meet the requirements of the ACT and NSW governments and the legislation outlined above.

To satisfy the ACT and NSW requirements, the University must be provided with a copy of the certificate issued by the AFP prior to a student commencing a placement.

For the University to receive the certificate directly from the AFP, students must give their consent to the AFP to release the certificate to the University. This is done by:

  • nominating ‘the Australian National University’ as the organisation in question (iii) in the form entitled ‘Consent to Obtain Personal Information’; and
  • providing the correct Faculty address on the self-stamped return envelope requested by the AFP (this will be notified to students in enrolment documentation).

When the University receives the certificate from the AFP, it will make a copy of it and forward the original certificate to the student to inform him/her of the outcome of his/her criminal history check.

Depending on the nature of the information contained in the certificate, the University may be required to disclose that information to a clinical placement facility hosting a student’s placement.

The University understands the private nature of the information that may be disclosed in a certificate and in accordance with the Privacy Act 1988 (Cth), the University will not disclose certificate information to any person outside the University, without the specific written consent of the student, except as contemplated by this policy, as required to meet legislative requirements, or unless the University considers that disclosure of the information is required to prevent or lessen a serious or imminent threat to the life, health or safety of the student concerned or another person.

2. RESULT OF A CHECK

Where a criminal history check discloses information that may be of concern to a clinical placement facility, the University will refer the certificate to the clinical placement facility. The clinical placement facility will determine whether a placement will be allowed by that facility given the information disclosed by the criminal history check.

 

Appendix 1

CRIMINAL HISTORY CHECK APPLICATION FORM

 

http://www.afp.gov.au/business/national_police_checks.html