Introduction
Hireup is committed to ensuring a safe working environment that safeguards both our workers and our community. We take practical steps to ensure the safety of our clients and to minimise, so far as is reasonably practicable, undue risks.
This policy provides a guideline as to how Hireup may manage Nationally Coordinated Criminal History Checks and the associated outcomes of each check. While Hireup requires criminal history checks for the purposes of transport support provision, Hireup also reserves the right to require any support worker to complete any criminal history check at any time at our sole and absolute discretion.
Hireup may take any action it deems appropriate in response to unsatisfactory criminal history check outcomes, including to terminate a support worker’s employment contract and deactivate them from the Hireup platform at any time during their employment lifecycle.
This policy should be read in conjunction with Hireup’s Code of Conduct, the Support Worker employment contract and any other applicable policies, procedures or legislation that may become relevant throughout the process.
Hireup may amend, replace or remove this policy and associated procedures from time to time in its sole and absolute discretion.
Principles
- Hireup strives to provide a high standard of service that meets individual needs and fosters a sense of dignity, purpose, safety and security.
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Any decision will be made having regard for the Disclosable Outcomes review matrix, reflecting Hireup’s Risk Appetite Statement, which may change from time to time. However, Hireup may elect to make another decision regarding unsatisfactory outcomes for any reason depending on the circumstance, including where those outcomes are inconsistent with this matrix.
- Where required, an escalation process is followed to determine where a support worker will be permitted to continue providing Transport Support, or in some circumstances, continue working as a Support Worker on the Hireup platform.
Validity and Expiry
Based on Hireup’s own risk assessment, a Police Check is valid for 3 years from the date of issue. All new applicants must provide a Police Check that has been issued within the last 2 years, whereas an already approved Support Worker must provide a Police Check issued within the last 12 months.
Applicant process
Prior to being approved to provide transport services to Hireup Clients, Support Workers are required to provide a Nationally Coordinated Criminal History Check. Hireup will assess each check in accordance with the policy to determine whether or not the result(s) on the check deem the applicant suitable to provide transport support services to clients or to fulfill the inherent requirements of offering support on the Hireup platform.
Hireup requires all Support Workers to advise Hireup immediately if they are charged with, or convicted of, any criminal offence that is or reasonably may be regarded by Hireup, as relevant to the inherent requirements of the role of a Support Worker or the services provided by Support Workers. Failure to do so may result in disciplinary action, including termination of a support worker’s employment contract and the immediate deactivation of a Support Worker’s account.
Assessing relevance of criminal record to inherent requirements of role
Hireup will assess each Nationally Coordinated Criminal History Check to determine whether or not any outcomes detailed within might impact Hireup’s confidence that the applicant will provide safe and high quality transport or support to the Community in line with the inherent requirements of the Support Worker role.
The following offences are relevant to the inherent requirements of the Support Worker role and may affect the approval of an applicant’s transport or ongoing employment (this list is not exhaustive):
- murder
- manslaughter
- sexual offences
- assault offences
- drug and alcohol related offences
- fraud or obtaining financial advantage offences
- stalking offences
- certain property offences
- misuse of carriage services
- offences relating to children or vulnerable people, having regard to state based regulation
- any other offence or pattern of offences that in the reasonable opinion of Hireup, may cause concern in relation to individual support in the home
If a Nationally Coordinated Criminal History Check records a conviction, finding of guilt, court appearances, bonds, outstanding charge/s or any other matter, Hireup will assess the check to determine whether or not the results determine that they are unable to fulfill the inherent requirements of the Support Worker role.
Hireup may consider the following information when assessing the relevance of an applicant’s criminal record to the inherent requirements of the role of a Support Worker:
- The seriousness of the conviction or offence and its relevance to the role and duties of a support worker
- The nature of the offence and its relationship to the one-to-one support and the unsupervised nature of the services offered by Hireup support workers
- The age of the applicant when the offence took place
- The length of time since the offence took place
- If there is evidence of an extended police record
- The circumstances in which the offence took place e.g. in a work, domestic or personal context
- The number of offences committed and if in the reasonable opinion of Hireup, a pattern of behaviour has been established
- The severity of punishment imposed
- Whether the offence is still a crime or has been decriminalised (or is not an offence in Australia)
- The proportionality of refusing access to the platform compared to the seriousness of the offence
- Existing relationships with people seeking support and whether the person seeking support wishes to continue that relationship on the Hireup platform
- Any other mitigating factors as reasonably determined by Hireup depending on the circumstances.
In accordance with the Hireup employment agreement, Hireup reserves the right to deactivate any Support Worker (in recruitment process or employed) with any criminal conviction (other than a conviction which is spent or lapsed at law) where the offence is relevant to the inherent work that they will perform during their employment with Hireup.
Assessment
The Disclosable Outcomes Review Matrix is based on a decision framework to help enable the Support Worker Operations Team to make an independent decision where possible.
Based on the matrix, one of the following steps will occur:
Outcomes | Escalation required? | Action |
Level 1 | No | Pass for transport |
Level 2 | No | Deselect transport support on profile |
Level 3 & 4 | Yes |
Transport may be temporarily deselected and Assess suitability against inherent requirements of job |
Level 5 | Yes | Support Worker is permanently excluded from platform |
Decision
A final decision regarding the relevance of the disclosable outcomes and potential impact on the health and safety of Hireup’s Clients can include the following:
Disclosable outcomes | Perceived risk to health and safety of Clients | Decision |
Acceptable | Not applicable | Transport services can be provided |
Unacceptable | Not applicable | Transport services will be deactivated, which may be for a limited period |
Unacceptable | Applicable | Support Worker will be deactivated from platform |
Seeking additional information from applicants
At times, applicants may be invited to provide additional context, information or supporting evidence in order for their application to be further assessed as part of the Police Check outcome review. Failure to provide additional information when requested to do so may result in a determination being made in the absence of such information.
Confidentiality and Privacy
Hireup will ensure that the privacy and confidentiality of all Police Checks and any other personal information provided as part of the application process will be stored and managed in accordance with Hireup’s Privacy Policy.