Page 4037 - Week 09 - Thursday, 26 August 2010

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Checks may not be recognised across organisations and there is little recourse to appeal individual checking decisions.

In response to the recommendations of various ACT reports as well as calls from the community, the government announced in the 2008-09 budget an appropriation of $4.1 million over four years to establish a mandatory and centralised checking system to reduce the risk of harm to or neglect of vulnerable people in the ACT. Checking systems for people working with children have been established or are being established in all Australian jurisdictions.

The ACT recognised the similarities in the risk of harm for children and certain vulnerable adults and has therefore extended checking to include people working with vulnerable adults. I can report Tasmania has commenced consultation on a checking system modelled on the ACT policy.

The Working with Vulnerable People (Background Checking) Bill 2010 is based on policy developed by my department since 2008 in consultation with agencies, external jurisdictions and the ACT community. The policy has been informed by existing legislation, obligations arising under inter-jurisdictional agreements and community preferences and practical and technical considerations.

On 19 August 2009, the then Minister for Community Services, Katy Gallagher MLA, released a discussion paper on a working with vulnerable people checking system for the ACT and invited submissions from the communities and stakeholders. Thirty-eight submissions were received and other comments were made by email or on the web. The written submissions are available on the departmental website.

A consultation report summarising the views of respondents is also available on the website. The consultation demonstrated strong support for a centralised and mandatory checking system in the ACT that includes people working or volunteering with children or vulnerable adults.

The Working with Vulnerable People (Background Checking) Bill 2010 may affect many organisations in the ACT, including education providers, childcare operators, private sector services for children, religious organisations, health services, clubs, public transport services, correctional services and volunteer organisations. It is estimated that around 12 per cent of the ACT population will be checked. Research shows that a rejection rate of applicants will be around 0.2 per cent.

The Office of Regulatory Services will administer the checking function and will establish a screening unit. People working or volunteering with children or vulnerable adults will apply to be registered with the screening unit and consent to a risk assessment. People who are unregistered would generally be ineligible to work with vulnerable people. It is expected that around half the applicants will be employees, and half volunteers.

An application fee will apply to employees. This is consistent with other jurisdictions which levy a similar application fee for working with children checks. There will be no fee for volunteers. The screening unit will be responsible for background checking and risk assessment of applicants.


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