Page 4039 - Week 09 - Thursday, 26 August 2010
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Position-based assessment will also take into account the requirements of a specific position and any risk management strategies proposed by a particular employer. After consideration of this detailed information, the screening unit may approve an applicant subject to the conditions that the person engages only in stated activities and only with a stated employer. Holders of position-based registrations will not be able to move between positions or employers without applying for a further assessment. Provisions have also been made to allow unsuccessful applicants to lodge an appeal in the ACT Civil and Administrative Tribunal.
It will not be possible to conduct all checks in the first year of operation. For this reason, the checking system will be phased in across operational categories from 2011 to avoid capacity constraints that may lead to delays in checks being conducted. Occupational categories will be scheduled for commencement with regard to the relative risk to vulnerable people, the level of checking already undertaken and the operational capacity of the screening unit.
In conclusion, the Working with Vulnerable People (Background Checking) Bill 2010 will be beneficial to vulnerable people, employees, volunteers, organisations and employers. The checking system will establish mandatory minimum checking standards that will apply across regulated activities.
Vulnerable people will know that people delivering service will have been checked and that risk assessments will be based on a broader range of information than checks currently undertaken by organisations. Under the checking system, risk assessment and decision making will be more consistent, transparent and open to appeal. For people who are subject to checking, this will lead to fairer and reliable checking outcomes.
For the first time in the ACT, registered persons will be able to move between employers or organisations within the ACT without the need to be rechecked. This will reduce the duplication of checking effort across the ACT community. Some people will be subject to checking for the first time, and some people who are subject to checking may be prevented from working with vulnerable people in the future. This is consistent with the aim of reducing risks for vulnerable people. The bill provides for a range of new penalties for individuals and organisations that do not comply with the checking system.
Background checking and risk assessment engages a number of rights protected under laws, including the Human Rights Act 2004, the Discrimination Act 1991 and the Privacy Act 2000. The explanatory statement to the bill provides an overview of the mechanisms provided for in the Working with Vulnerable People (Background Checking) Bill 2010 to balance the rights, obligations and responsibilities of affected stakeholders.
The bill is an important step in enshrining protections for the most vulnerable people in the ACT community, and I commend the bill to the Assembly.
Debate (on motion by Mrs Dunne) adjourned to the next sitting.
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