To outline a policy for screening employees, volunteers and service providers of Makerspace Adelaide to determine their suitability to work with children and/or vulnerable people or for employment in a prescribed position.

This policy is applicable to all Makerspace Adelaide employees, volunteers or service providers who work with vulnerable persons, occupy a prescribed position (as defined in the Children's Protection Act and Disability Services Act 1993 and Child Safety (Prohibited Persons) Act 2016) or work with children.

Makerspace Adelaide provides a wide range of services within the community, including to children and vulnerable persons and is committed to ensuring that all employees, volunteers and service providers representing Makerspace Adelaide have undertaken appropriate background screening for engagement with Makerspace Adelaide and to work with our community.

Undertaking screening processes will not only enable Makerspace Adelaide to meet standards for protecting children and other vulnerable people, it protects our community and minimises any potential loss, detriment, litigation or embarrassment caused to the Makerspace Adelaide by any prospective employee, volunteer or service provider. Regardless of any screening, the decision to employ, place (for volunteers) or contract services remains at the discretion of Makerspace Adelaide.

The screening process is conducted by an appropriate agency and looks at a person’s background to ensure that the person is suitable to work in Makerspace Adelaide and poses no risk of harm to children (under 18 years of age), the aged or persons with a disability they may work with. There are several reasons why Makerspace Adelaide will require a new or current employee, volunteer or service provider to undertake a screening, these include:

To inform Makerspace Adelaide if a potential employee or volunteer has a criminal history relevant to the role or work, they will be undertaking with Makerspace Adelaide that may make them unsuitable.

The position is a prescribed position or undertaking a prescribed function under either the Children's Protection Act 1993 or Disability Services Act 1993.

It is a contractual requirement of a grant or service agreement from an external funding authority.

New employees and volunteers may be required to provide a recognised criminal history check, such as a National Police Certificate, prior to commencing with Makerspace Adelaide. The criminal history check provides information to support Makerspace Adelaide’s decision-making on whether a person is suitable for employment or appointment to positions of trust with Makerspace Adelaide.

Screening for work in the Aged care sector involves an assessment by the Screening Unit of the Department of Human Services (DHS) to assess whether a potential employee, volunteer or service provider may pose a risk of harm to older people when providing aged care services. An unsatisfactory aged care screening may preclude persons from employment (or placement for volunteers) with Makerspace Adelaide in a role dealing with older people. Aged care sector screening is mandated by law in some specific circumstances. Whether or not aged care sector screening is required depends on the type of workplace and the nature of the work or tasks involved.

Disability services employment screening is a comprehensive assessment of a person's relevant history to determine whether they pose a risk of harm to the safety or wellbeing to people with disabilities. Makerspace Adelaide will require employees, volunteers or service providers to have a satisfactory Disability services employment screening only if they are working in a 'prescribed position' as defined under the Disability Services Act 1993.

Child-related employment screening (Working with Children Check or WWCC) is an essential mechanism in protecting children from harm. The screening is conducted by DHS and assesses whether a person may pose a risk to the safety of children, while engaged to act in certain types of positions within an organisation as an employee, volunteer or service provider. Child protection laws in South Australia (the Children’s Protection Act, Child Safety (Prohibited Persons) Act 2016 and Children’s Protection (Regulations 2019) make it mandatory for Makerspace Adelaide to ensure employees, volunteers or service providers working with children have met specific screening requirements. for this type of work via a WWCC. Makerspace Adelaide must ensure that a WWCC has been undertaken before an employee, volunteer or service provider can undertake a prescribed position or prescribed function.

1. Prospective employees, volunteers or service providers may be required to provide to Makerspace Adelaide a criminal history check, prior to appointment/placement to a position with the organisation. The decision to request a criminal history check will be made by the hiring manager and be dependent on the nature of the position.

2. All new and current employees, volunteers or service providers undertaking a prescribed position, supervising/managing proscribed positions or undertaking prescribed functions will be required to undertake the appropriate screening for the role in compliance with relevant legislation or contractual obligations prior to commencing in a prescribed position or prescribed functions.

3. All current employees and volunteers in prescribed positions will undergo a screening prior to the expiration of their current screening (up to 5 years after 1 July 2019).

4. Existing employees who change roles to a role deemed a prescribed position must undergo the appropriate employment screening process prior to appointment to the new position.

5. Contracts for the provision of services to children or vulnerable people must specify the service provider has completed criminal history checks and that any required screening has been undertaken.

6. Maintenance of a current appropriate screening for existing employees, volunteers or service providers in prescribed positions or undertaking prescribed functions is a legislative requirement. Refusal to obtain or renew a DHS screening may impact on the ongoing employment of an employee or further utilisation of a volunteer.

7. No employee in a prescribed position or undertaking prescribed functions may commence with Makerspace Adelaide until they have undertaken a satisfactory screening for the role.

An existing original and unaltered copy of a criminal history check will only be accepted if less than 3 months old and the prospective employee or volunteer also provides a statutory declaration that no charges have been laid or convictions have occurred in this period.

The safety of our community, employees and volunteers is our first priority. An individual’s criminal history will be used to inform Makerspace Adelaide’s decision making on employment or placement. Each person will be considered on a case by case basis and Makerspace Adelaide will endeavour to apply due diligence to the process of assessing a criminal history report. Decision-making will be informed by the relevance and proportionality of any recorded offences; is the offence relevant to the position being applied for or would denying the candidate the position be a disproportionate response to the offence.

Factors to be considered include:

• the age at the time the offence was committed

• how long ago the offence was committed

• the nature of the offence

• whether there have been repeat offences

• the relevance of the offence to the position to be performed

• the outcome of the offence, for example was there a fine, conviction, suspended sentence or imprisonment

• the type of clients or employees the person will need to interact with

• other extenuating circumstances

Where disclosure of the information is required by law then such disclosure will not be a breach of privacy. The subject of a criminal history check, or other screening may be required to sign a waiver to the right to privacy/disclosure. Makerspace Adelaide will endeavour to maintain confidentiality and see that a person who is the subject of the report is dealt with in a respectful and professional manner.

If the results of a DHS screening are unsatisfactory for a current employee in a prescribed position, discussions will be had with the employee, their Management Team and other relevant Operations Team member so as to retain them in their current role or in their current employment with Makerspace Adelaide. If a DHS screening for a current or potential volunteer who will be working with vulnerable people is unsatisfactory they cannot undertake prescribed functions. The decision to accept or continue to utilise them as a volunteer in non-prescribed functions will be made by the Operations Team in consultation with the relevant manager, Program Coordinator and Volunteer Coordinator. Recommendations may be provided to the Chief Executive Officer for consideration and a final decision.

Criminal history checks which have been obtained by an individual remain the property of that individual. Checks that have been conducted internally (via our contract with an accredited agency) remain the property of Makerspace Adelaide. All documentation used to assess the relevance of the criminal history check is to be stored confidentially. All copies of criminal history checks and assessments must be securely destroyed in line with our Record Management guidelines.

The Human Rights and Equal Opportunity Commission Act 1986 must be complied with regarding discrimination in employment based on an individual’s criminal history. It is not unlawful to refuse employment (or engagement as a volunteer or as a service provider) based on a conviction or other disclosable outcomes that are relevant to the position. To evaluate if it is relevant to exclude a person with a criminal record from employment or volunteering, the criminal record of the applicant should be assessed against the requirements of the position to determine the risks involved.

A child is a young person under 18 years of age. Source: Children’s Protection Act 1993(SA)

Makerspace Adelaide staff or volunteers who provide services to the elderly/aged and are required to have a DHS Working with the Elderly Screening.

Vulnerable people are those who have difficulty protecting themselves and are therefore at greater risk of harm. This definition of vulnerable is broad and in addition to children may be frail, aged people with disabilities, people from culturally and linguistically diverse backgrounds and people who experience social disadvantage.

• A position in which a person works, or is likely to work with children;

• Any position, or a position of a class, prescribed by the Regulations for the purpose of this definition.

A position that involves providing services to children and:

• has regular contact with children, young and vulnerable people, and is not directly supervised at all times,

• works in close proximity to children on a regular basis, or fewer, extended intense periods of contact which may be away from the person’s usual environment and are not directly supervised at all times

• people who supervise/manage those in positions requiring regular contact with children, young and/or vulnerable people

• those who have access to personal records relating to children in connection with child protection services, education services, health services, disability services and court orders and proceedings

• functions of a type prescribed by regulation

• is deemed a Mandatory Notifier - has mandatory obligations for reporting to Child Abuse Reporting Line (CARL) Child-related work and Work with Children

• Accommodation and residential services for children;

• Services or activities provided by religious organisations;

• Child-care or child-minding services

• Child protection services

• Services or activities in the course of operation of clubs and associations with a significant membership of, or involvement by, children;

• Coaching or tuition services for children

• Commercial services provided directly to children;

• Disability services for children;

• Education services for children;

• Health services for children;

• Justice and detention services for children;

• Transport services for children;

• Any other service or activity declared by the regulations to be child-related work.

A person will be taken to work with children if the person:

• Provides a service or undertakes an activity that is child-related work in the course of their employment

• Carries on a business in the course of which an employee works with children (whether or not the person themselves works with children); or

• Provides any other service or undertakes any other activity declared by the regulations to be included in the ambit of this section.

Means a provider of disability services that is:

a) a Government department, agency or instrumentality; or

b) funded under the Disability Services Act 1993.

A position undertaking one or more prescribed functions, which includes:

a) regular contact with people with a disability or working in close proximity to people with a disability on a regular basis, unless the contact or work is directly supervised at all times; or

b) supervision or management of people in positions requiring or involving regular contact with people with a disability or working in close proximity to people with a disability on a regular basis; or

c) access to records of a kind prescribed by regulation relating to people with a disability; or

d) functions of a type prescribed by regulation.

Vacancies posted via Makerspace Adelaide’s on-line e-recruitment function will be asked the following screening questions:

“Do you have a current criminal history certificate that is less than 3 months old?”

If the applicant answers ‘no’ they will be asked, “Are you prepared to obtain one as part of your application process?” A ‘no’ response to this question would automatically exclude the application.

“Do you have a current DHS Disability Services Screening?”

If the applicant answers ‘no’ they will be asked, “Are you prepared to obtain one as part of your application process?” A ‘no’ response to this question would automatically exclude the application.

Where there is a specific legislative or contractual requirement for an employee to have a DHS Aged Care Sector screening, the recruiting manager will be asked “Is the position a prescribed position within a prescribed services provider as per the Disability Services Act 1993?”.

If yes;

“Do you have a current (less than 3 years old) DHS Aged Care Sector Screening?”

If the applicant answers ‘no’ they will be asked, “Are you prepared to obtain one as part of your application process?” A ‘no’ response to this question would automatically exclude the application.

Management Team will identify if the vacant position is a ‘prescribed’ Position - (as defined in the Children's Protection Act 1993, Child Safety (Prohibited Persons) Act 2016 and Children's Protection Regulations 9). If yes;

“Do you have a current (more than 6 months from expiry) DHS Child Related Employment Screening?”

If the applicant answers ‘no’ they will be asked, “Are you prepared to obtain one as part of your application process?” A ‘no’ response to this question would automatically exclude the application.

Makerspace Adelaide will initiate Criminal History Checks via National Crime Check (NCC) for prospective employees, current employees who are required to update a check and volunteers. Makerspace Adelaide will reimburse the cost of the criminal history check to an applicant, only if the applicant will be employed by Makerspace Adelaide. Makerspace Adelaide will reimburse the cost for criminal history screening for all current employees and volunteers placed with Makerspace Adelaide, where the employee or volunteer has paid for the application themselves. A statutory declaration may be required if the applicant has lived overseas for a period of time after age 16. This will be the case for all federally funded position and programs.

Unlike a criminal history check, DHS Screening is an organisation-led process. All online screening applications will be started by one of Makerspace Adelaide’s Requesting Officers for employees or the Volunteer Coordinator for volunteers. Applicants will need to provide their full name, date of birth and a current email address. The Requesting Officer will select what type of screening is required, the applicant type (i.e. volunteer, contractor, employee) and commence the application. DHS will contact applicants to inform them that Makerspace Adelaide has initiated the application on their behalf.

NB - Volunteer screenings are now free and Makerspace Adelaide will process the payment for all other required screenings. Verification of identity is part of the DHS screening process.

There are two options for identity document verification:

Online verification using the Documentation Verification Service (DVS). For more information visit: http://www.dvs.gov.au/Pages/default.aspx. Applicants must have a current passport, travel document, birth certificate or Australian Citizenship papers and a current Australian driver’s license to access this option.

Applicant produces documents to an organisation’s Verifying Officer who then completes the process online.

All prospective employees and volunteers may be required to provide Makerspace Adelaide with a criminal history check, prior to appointment or placement (for volunteers) to a position with the organisation. No offer of employment to a prescribed position can be made without a satisfactory DHS screening.

A conditional offer of employment can be made for a non-prescribed position or function, provided that the process for obtaining a criminal history check has commenced and Makerspace Adelaide receive that within 30 days of the conditional offer, and the person provides a statutory declaration stating that no charges have been laid or convictions have occurred.

The employment Agreement will include the following statement:
“the offer of employment is conditional on you providing to Makerspace Adelaide within 30 days of this letter a current criminal history check and Makerspace Adelaide being satisfied with that criminal history check.“

If an existing employee changes roles and that new role is:
• funded by DHS
• a prescribed position; or
• funded by state/federal government body where there are contractual obligations for specific clearances

the employee must have appropriate DHS screening prior to commencement in the new position. If the DHS screening identifies the employee as unsuitable Makerspace Adelaide will deem that the employee cannot undertake all the inherent requirements of the new role and withdraw the offer of the position.

Current employees and volunteers who require a DHS screening to be able to undertake their role will undergo a screening at least 3 months prior to the expiry date of the screening. The Management Team will record and monitor all staff and notify them when their screening is due for renewal. In line with DHS practices and in order to align times for screening renewals, this can be up to six months prior to the three year date. The Volunteer Coordinator will record and monitor all volunteers and will notify them when their screening is due for renewal.

In line with Makerspace Adelaide’s Safe Environments Policy, staff and volunteers working in:
• a position that is funded by DHS
• a prescribed position
• funded by state/federal government body where there are contractual obligations for specific clearances; or
• a management position of staff working in prescribed positions will be provided with Child Safe Environment Training (formerly called Mandatory Reporting training).

If an employee, volunteer or contractor to Makerspace Adelaide suspects that a child or young person may be at risk and that suspicion was formed as part of the person’s employment, they must as soon as reasonably practicable report the suspicion by:

• making a telephone call to the Child Abuse Report Line (CARL)
• Making an electronic notification such as email
• Notifying their Management Team, Volunteer Coordinate or Program Coordinator, contract manager or Manager or Executive of Makerspace Adelaide.