Draft Working with Vulnerable People (Background Checking) Bill 2013: TasCOSS submission

Submission to

Draft Working with Vulnerable People (Background Checking) Bill 2013

9 October 2013

About TasCOSS

TasCOSS is the peak body for the Tasmanian community services sector. Its membership comprises individuals and organisations active in the provision of community services to low-income, vulnerable and disadvantaged Tasmanians.

TasCOSS represents the interests of its members and their clients to government, regulators, the media and the public. Through our advocacy and policy development, we draw attention to the causes of poverty and disadvantage and promote the adoption of effective solutions to address these issues.

phone 03 6231 0755 fax 03 6223 6136 postal PO Box 1126

Sandy Bay

Tas 7006

www.tascoss.org.au

Authorised by Tony Reidy, Chief Executive For inquiries Meg Webb Manager, Social Policy & Research meg@tascoss.org.au

TasCOSS response to Draft Working with Vulnerable People (Background Checking) Bill 2013

Introduction The Tasmanian Council of Social Service (TasCOSS) welcomes the opportunity to provide comment on the Draft Working with Vulnerable People (Background Checking) Bill 2013.

TasCOSS has advocated for the introduction of a checking system system for people working with children and vulnerable people since 2005 when it was first put forward by the Tasmanian Commissioner for Children. It has been three years since we noted in our response to the 2010 discussion paper A Working with Children and Other Vulnerable People Checking System for Tasmania, that the five years which had by then elapsed since the recommendation was made was an inordinately long time for such a significant and much-needed system to remain in its planning stages. TasCOSS clearly regards this draft legislation as long overdue.

While we are pleased to see progress made toward introducing the checking system, we believe that the short consultation period provided to consider the draft legislation is inadequate. It is particularly inadequate for organisations in the community and voluntary sectors that not only have limited resources, but also need to consult with staff, volunteers, boards and other stakeholders to fully consider the repercussions of the Bill.

The implications for the community and voluntary sectors of this proposed legislation are significant. It is therefore essential that adequate time is provided to stakeholders to provide well-considered and meaningful comment on this important draft legislation. Unfortunately this is yet another State Government consultation process that will be adversely affected by too short a consultation period.

Given the limited time to formulate comment on the draft bill, TasCOSS will provide a response to only a few key issues at this time, and will provide further input on matters relating to the Regulations associated with the Bill at a later date. It is our understanding that further consultation will be conducted on the regulated activities to be included and the order in which they will be implemented under the legislation, and on the risk assessment tool that will form the basis of the checking system. TasCOSS wishes to engage in further consultation with members and other stakeholders before providing input on these important matters.

Cost of registration A very significant consequence for organisations, paid employees and volunteers in the community and voluntary sectors will be the proposed cost of registration under the Working with Vulnerable People legislation. The Fact Sheets provided with the draft legislation suggest that the costs of registration for volunteers will be $30-$40, and for paid employees $125-$150. Costs of this magnitude are prohibitive and cannot be borne by job-seekers, employees, volunteers or community service organisations. Such costs will represent a significant barrier to employment,

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TasCOSS response to Draft Working with Vulnerable People (Background Checking) Bill 2013

volunteering and the viability of many organisations that provide critically important services to the Tasmanian community.

All other Australian states subsidise similar systems to the extent that registration for volunteers is free or available at a minimal fee, and paid employee registration is in the range of $50-$80. The proposed fees for registration in Tasmania are significantly higher than those in other states and are unaffordable for the majority of community and voluntary organisations and their paid staff and volunteers.

Recommendation: That the Tasmanian Government ensures that the implementation of the Act is appropriately resourced, including: -

that the community and voluntary sectors are funded to meet any increased costs associated with the Act; and that registration for volunteers is available at no cost.

Information and promotion As this centralised checking system will be new to Tasmanian employers, employees and volunteers, it will be essential to support its successful implementation with a well-resourced information and promotion campaign. Information and advice about the system and how it works will need to be provided to organisations, employees, volunteers and job seekers via a range of mechanisms. It will be particularly important to provide clear and accessible information on the transitional arrangements during the staged implementation of the system, the rights and responsibilities of all parties in relation to the system, and mechanisms for review of decisions made under the system.

Clear and accessible information will be essential to addressing many of the barriers that the new checking system will present, and to alleviating the risk it poses as a deterrent to employment and volunteering in the community and voluntary sectors.

Recommendation: That appropriate resources are allocated to providing clear and accessible information during the implementation of the Working with Vulnerable People checking system, including information and advice to employers, employees, volunteers and job-seekers.

Barriers for those with ‘lived experience’ In past submissions on a checking system, TasCOSS has raised the concern that such a system should not function as a barrier to employment or deter potentially valuable employees and volunteers from seeking to work in the community or voluntary sectors.

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TasCOSS response to Draft Working with Vulnerable People (Background Checking) Bill 2013

In many areas of community service provision there is great value in employees and volunteers bringing to their roles a ‘lived experience’ which comprises skills, understanding, knowledge and a perspective that is beneficial to vulnerable people accessing that service. This is particularly so in the mental health and alcohol and drug services sectors. In some instances it will be the case that lived experience will include convictions and other experiences that are likely to be flagged in the risk assessment tool and lead to a denial of registration.

The draft Bill as it stands, without details of the risk assessment tool to be utilised or a clear description of how past criminal or offence background of those seeking registration will be assessed, leaves TasCOSS with serious concerns about the potential for people with potentially valuable lived experience to be excluded.

Recommendation: That the Act clearly acknowledges that some individuals will have lived experience that is potentially valuable to the provision of appropriate services and support to vulnerable people, and That the risk assessment tool for the checking system has sufficient nuance in examining past criminal and offence background of individuals so as to allow the continued involvement of those with a lived experience in the provision of services.

TasCOSS supports this legislation and the introduction of a checking system that will afford better protection to children and other vulnerable people in Tasmania. As many key issues that hold implications for the community and voluntary sectors will be determined in the Regulations associated with the Bill, TasCOSS looks forward to further opportunities to provide input on those matters, with sufficient time provided for meaningful consultation and careful consideration of the significant issues involved.

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