The demand for aged care workers in Australia continues to grow rapidly, and the sector faces substantial staff shortages. However, as an approved aged care provider, it is crucial that you understand and properly implement systems to ensure you comply with the aged care worker screening requirements in Australia. This article explores those screening requirements.
The Aged Care Act & Principles
As an approved aged care provider, you must satisfy the worker screening requirements under the Aged Care Act 1997 (Cth) and the Accountability Principles 2014. These laws compel you to ensure that persons with certain criminal convictions do not provide aged care. These requirements apply to all staff, volunteers and key personnel. Moreover, they apply in addition to any relevant training, qualifications, or professional registrations required.
There are two primary screening options. These options depend on the roles of aged care workers and whether your organisation is also a registered NDIS provider.
National Police Checks
Typically, police checks conducted by the Australian Federal Police are mandatory for new staff and volunteers working in an aged care role. This check provides a comprehensive overview of an individual’s criminal history at both national and state levels, including any spent convictions and pending charges. A clear criminal record is a prerequisite for employment in the aged care sector.
Continue reading this article below the formNDIS Worker Screening Clearance Checks
Suppose a new staff member or volunteer has evidence of a valid NDIS Worker Screening Clearance Check (NDIS Check). In this case, this may be accepted as clearance. NDIS Checks involve checking an individual’s:
- national criminal history;
- relevant reportable incidents; and
- relevant disciplinary proceedings or complaints.
An NDIS Check is required when an individual is working in a risk-assessed role with people with disabilities or an aged care setting that supports NDIS participants.
As an approved aged care provider, you must take ongoing reasonable steps to ensure your workers holding an NDIS check notify you of any change in assessable information. This includes any police information or other disciplinary information.
Where You Are Also an Approved NDIS Provider
Suppose you are an approved aged care provider and a registered NDIS provider delivering support and services to NDIS participants. In that case, you must ensure your aged care workers have valid NDIS Checks. If your workers are not providing services to NDIS participants, a police check or certificate is sufficient.
Where You Are Not an Approved NDIS Provider
Suppose you are an approved aged care provider who is not a registered NDIS provider. In that case, your workers only need to obtain a police check or certificate. If your workers already hold an NDIS Check, this will be sufficient, and that worker will not need to obtain an additional police check or certificate.
Working With Third Parties
Suppose you deliver aged care and services through third-party organisations, providers or individuals. In that case, you remain responsible for meeting all regulatory requirements, including ensuring that all worker screening requirements are met.
Requirements to Keep Records
As an approved aged care provider, you have the responsibility to maintain records to enable you to demonstrate that your workers have either:
- a police certificate that is no more than three years old; or
- an NDIS Check that is no more than five years old and is not suspended.
You must maintain these records at all times.
This factsheet explains how the ACLA works and how you can sponsor talent into your aged care business.
Key Takeaways
As an approved aged care provider, you must implement effective worker screening processes to ensure you comply with your obligations under the law. This includes obtaining proof and keeping records of your workers’ police checks or NDIS Checks.
If you need assistance understanding your obligations as an aged care provider, our experienced aged care lawyers can assist in answering your questions as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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