3.1. Immigration Issues

^{(Last amended:March2003)}

3.1.1. Overview

Commonwealth legislation provides the framework for decisions about who may enter and remain in Australia, and under what conditions. The visas most often used by overseas visitors and staff coming to the university are summarised below.

3.1.2. References

• Migration Act 1958

• Department of Immigration and Multicultural and Indigenous Affairs, 'Sponsoring a temporary overseas employee to Australia' guidelines

3.1.3. Policy

3.1.3.1. Temporary Residents' Visas

Temporary (Long Stay) Business Entry : Class 457. Where this visa is granted to academic staff from overseas formal notification of each individual is required. Human Resource Consultants can advise of specific requirements in each case.

A condition of sponsorship for a Class 457 visa is that the University undertakes to:

'... accept financial responsibility directly or through acceptable medical insurance arrangements, for all medical and hospital costs incurred in Australia by sponsored persons and their dependants'.

As a result, it is a condition of employment that an academic staff member holding a visa class 457, who is not from a country with reciprocal health care arrangements (UK, New Zealand, Sweden, the Netherlands, Finland, Malta and Italy), must purchase adequate health insurance that will ensure medical coverage for the appointee and members of the appointee's family during the whole period of the appointment at the University.

Visiting Academic - Class 419: This visa is granted to visitors from overseas who come to the university on sabbatical or other leave from their home institution.

3.1.3.2. Permanent Entry Visas

Employer Sponsorship : This visa is granted to staff from overseas who are taking up a continuing appointment. Formal sponsorship is needed in each case.

3.1.4. Procedures

The Department of Immigration and Multicultural and Indigenous Affairs continually updates immigration policy and procedures. Please ensure that all contact with the Department is handled by Human Resource Consultants who have up-to-date information and names of relevant contact staff at the Department, and who can advise on the most appropriate way to obtain required visa clearance.

3.2. Health Checks

^{(Last amendment: October 2003)}

3.2.1. Overview

The University has a statutory responsibility to ensure a healthy and safe work environment. Part of that responsibility is to ensure that an appropriate match is made between the potential employee and the tasks he or she is required to undertake. Health assessments are part of that process.

The health assessment procedures are designed to ensure, as far as possible, that:

1. the physical capacities of the employee are adequate for the work tasks;

2. the intended work activities do not aggravate a pre-existing condition;

3. work will not precipitate an illness or injury in a susceptible person;

4. the prospective employee is not posing a risk to themselves or others in the proposed work environment.

Heads of Department and Heads of Administrative Sections are responsible for ensuring that these procedures are followed.

There is no requirement for a medical as a precondition to joining the Superannuation Scheme for Australian Universities.

3.2.2. References

• Administrative Committee Minutes, Meeting No. 44 1992 - 15 December 1992.

• Administrative Committee Minutes, Meeting No.34/1994

• Council Minutes, May 2000

3.2.3. Policy

Not all prospective employees are required to undergo the same health assessments.

Formal medical examinations will only be carried out for those staff whose occupation or state of health puts them at risk of occupational illness or injury.

The University's Health assessment procedures are based on the Health and Hazard Assessment Questionnaire (HHAQ) http://www.hr.unimelb.edu.au/benefits/forms. The HHAQ is designed to assess the potential hazards of a particular job for a particular employee. In order to assess those risks, the HHAQ must be completed and lodged with the Occupational Health Nurse before the prospective employee commences employment. All material collected on the HHAQ and in any further medical examination remains confidential and filed in the office of the Occupational Health Nurse.

The completion of Part B of the HHAQ may be delegated to Supervisors.

Outlined below are the health assessment requirements for different appointment categories.

3.2.3.1. Category A

No pre-employment health assessment forms are required for persons who hold

• Honorary appointments

• Visiting appointments, or are,

• Casual staff who are employed for single lectures or tutorials or employed to undertake work that will not expose them to known occupational hazards as outlined in Part B of the HHAQ.

Although no formal health assessment is required, Heads of Departments or Administrative Sections must ensure that there is an appropriate match between the work environment, the prospective employee, and the tasks they will be required to perform.

3.2.3.2. Category B

An HHAQ must be completed for all prospective employees in Category B.

This category comprises:

• casual staff exposed to known occupational hazards as outlined in the HHAQ;

• full-time, part-time and fixed-term appointments.

Staff in this category may be required to attend a health assessment with the Occupational Health Nurse depending on their past medical and employment history, the type of work to be undertaken and the extent of exposure to known occupational hazards.

Where a Head of Department is aware of occupational hazards, he or she must ensure that the health assessment form is evaluated before the prospective employee commences duties.

3.2.4. Procedures

3.2.4.1. Health Check Steps

Step 1: At the commencement of the recruitment process, the Head of Department must complete Part B of a Health and Hazard Assessment Questionnaire (HHAQ) detailing the potential hazards of the job to be filled. The form is then sent to Human Resources with all other recruitment documents (advertisement, Position Description, Selection Committee Nomination form).

Step 2: On receipt of the completed Selection Action Form, Human Resources will complete Part A and send the partly completed form to the prospective employee with their letter of offer.

Step 3: Part C of the HHAQ must be completed by the prospective employee and lodged with the Occupational Health Nurse before he/she commences employment with the University. This action is part of accepting the offer of employment.

Possible Step 4: If an assessment is required, the Occupational Health Nurse will:

• advise the Department;

• make an appointment for the prospective employee to attend the Occupational Health Service for further assessment; and,

• as appropriate in the circumstances, advise the Vice-Principal (Human Resources), the Head of Department or the supervisor, if there are any concerns about the proposed employment.

3.2.4.2. Overseas and Interstate Prospective Employees

Interstate and overseas prospective employees who have not had to undergo a medical examination as a precondition to entry to Australia and whose form indicates they should have an examination, may be examined by their own private physician. The Occupational Health Nurse will send a letter to the prospective employee's doctor, via the prospective employee, detailing the type of investigation required.

Staff recruited from overseas who have undergone medical tests as part of the process of obtaining an Australian visa must complete a HHAQ. This will be assessed in the normal manner. Such staff will normally not be required to undertake any further medical examination.

3.3. Police Records Check

(Last amended: May 2008)

3.3.1. Overview

The University has a duty of care to its students, staff and clients to ensure a safe environment. Part of this duty includes taking reasonable steps to ensure that the quality of character of University staff minimises the risk of an unsafe environment. The purpose of this policy is to outline circumstances when the University may require a police records check as a condition of employment, and the procedures to be followed.

3.3.2. References

• Information release Policy, Victoria Police (http://www.police.vic.gov.au/content.asp?a=internetBridgingPage&Media_ID=16484)

• Procedures for Organisations Conducting National Police Record Checks, Victoria Police (http://www.police.vic.gov.au/content.asp?Document_ID=274)

• Human Resources Advisory Committee, April 2008

3.3.3. Policy

The University may require a staff member or prospective staff member to obtain a police records check as a condition of their employment. This policy is primarily aimed at those positions for which a police records check is a legal requirement, however the University may specify a position as requiring the incumbent to satisfy a police records check as a condition of employment, it does not cover cases where staff may be required to satisfy a police records check by other organisations, such as clinical sites or schools.

3.3.3.1. Positions requiring a police records check

By Law

Any position which is governed by applicable law as requiring a police records check shall require the incumbent or prospective incumbent to satisfy a police records check as a condition of their employment at the University.

Faculties and Departments are responsible for determining and ensuring compliance with statutory requirements relating to police records checks. Human Resources Division is available to provide assistance.

University determined

The University may specify a position as requiring the incumbent or prospective incumbent to satisfy a police records check as a condition of employment. A Head of Department or equivalent, may appropriately make a police records check a condition of employment for a specific position, after due consideration of factors including duty of care and how this pertains to the tasks and duties the position entails. A Head of Department or equivalent should consult their Human Resource Consultant for advice prior to making a police records check a condition of employment for a specific position.

3.3.3.2. Information about Police Records Checks

A request for a police records check cannot be processed without the consent of the person on whom the police check is to be conducted. Consent should be sought by completion of the Victoria Police form titled: 'Consent to check and release national police record'. This form can be downloaded at http://www.police.vic.gov.au/content.asp?a=internetBridgingPage&Media_ID=19999.

With the subject's consent, results can be sent directly to a person or organisation other than the subject.

Results are presented in the form of a National Police Certificate which is printed on paper with a watermark of the Victoria Police logo, has a unique reference number, and an original signature on behalf of the Manager, Records Services Branch.

The restrictions on what the Certificate does and does not show are based on the purpose of the Certificate, the age of the offence and the type of offence. Details may be found in the Information Release Policy of the Victorian Police available at http://www.police.vic.gov.au/content.asp?a=internetBridgingPage&Media_ID=16484.

3.3.4. Procedures

3.3.4.1. Notification of requirement

The Position Description document and letter of offer shall state the requirement of the incumbent to satisfy a police records check as a condition of their employment in that position.

3.3.4.2. Obtaining a police records check

Where a police records check is required, the incumbent or prospective incumbent shall complete and submit the required form to the Police and pay the required fee. The incumbent is required to show the resulting National Police Certificate to their manager or other specified senior staff member.

3.3.5. Privacy of information

3.3.5.1. Disposal of documents

In compliance with the procedures of the Victoria Police (Procedure for Organisations Conducting National Police Record Checks), information obtained from a police records check must not be filed nor forwarded to another person or organisation. Any original National Police Certificate, or parts thereof, must be securely destroyed once it has served its purpose.

3.3.5.2. What to record

As information contained in a National Police Certificate may not be retained, departments should ensure that they record the:

• reference number of the Certificate;

• date the Certificate was issued;

• date the Certificate was sighted; and

• name (and signature) of the person who sighted the Certificate.

3.4. Working with Children Check

(New Section: May 2008)

3.4.1. Overview

The Working with Children Act 2005 (Vic) ('the Act') requires that people who work or volunteer in specific types of child-related work apply for and pass a Working with Children (WWC) Check.

The WWC Check is administered by the Department of Justice and reviews a person's history to ensure they do not have any relevant criminal offences or findings from professional disciplinary bodies such as the Victorian Institute of Teaching, that may mean they are not suitable to work with children.

The purpose of this policy is to outline which University positions require a WWC Check as part of their terms of employment and the procedures to be followed.

3.4.2. References

• Working with Children Act 2005 (Vic)

• Human Resources Advisory Committee, April 2008

3.4.3. Policy

3.4.3.1. Scope

Any reference to 'staff' of the University throughout this policy extends to volunteers, honorary appointees and persons engaged or appointed by the University in any capacity.

The policy does not cover cases where staff may be required to satisfy a WWC Check by other organisations, such as clinical sites or schools.

3.4.3.2. Positions requiring a WWC Check

Staff are required to obtain a WWC Check if:

• their work duties involve contact with children in connection with one of the 20 listed child-related occupational fields¹ (refer to: http://justice.vic.gov.au/wps/wcm/connect/Working+With+Children/Home/Application+Process/Who+Needs+to+Apply/WWCC+-+Child-related+Occupational+Fields); and

• they do this on a regular (everyday) basis; and

• they have direct contact with children under 18 years of age and this contact is not directly supervised; and

• they do not qualify for an exemption (refer to: http://justice.vic.gov.au/wps/wcm/connect/Working+With+Children/Home/Application+Process/Who+Needs+to+Apply/WWCC+-+Exemptions+from+Applying+for+a+Check).

3.4.3.3. Phasing in schedule

The WWC Check is being phased in from 2006 to 2011 and different child-related fields are being introduced each year. The date by which a person is required to apply for a WWC Check is dependent on the type of child-related work they undertake.

Staff should consult the phasing in schedule: (http://justice.vic.gov.au/wps/wcm/connect/Working+With+Children/Home/Application+Process/When+to+Apply/WWCC+-+Phasing+In+Schedule+%28PDF%29) to determine by which date they are required to apply for a WWC Check.

3.4.3.4. Relationship to a Police Records Check

A staff member undertaking 'child-related work' is required to undertake a WWC Check even if they have already undertaken a Police Records Check.

Unlike a Police Records Check, the WWC Check is valid for 5 years (unless revoked) and during this time cardholders continue to be checked for new relevant offences or disciplinary findings by professional registration bodies. Not all offences are relevant to the WWC Check. Broadly the WWC Check considers serious sexual, violent and drug offences.

3.4.3.5. Privacy of Information

The individual who applies for the Check will be sent the results of the Check in the mail. The Department of Justice will also send a copy of an applicant's Assessment notice (or Interim Negative or Negative Notice) to the University (where they are the known employer). The accompanying letter will not include information about an applicants criminal history or disciplinary findings, but may include details such as date of birth, and full name.

3.4.4. Procedures

3.4.4.1. Notification of requirement

All Position Descriptions, letters of offer and associated documents describing work in a position likely to involve child-related work must include the following statement:

'This offer is conditional upon receipt and maintenance of a satisfactory Working With Children Check'.

3.4.4.2. Obtaining a WWC Check

Where a WWC Check is required, a staff member (or prospective staff member) shall complete and submit a WWC Check application form and pay the required fee. The form is available at: http://justice.vic.gov.au/wps/wcm/connect/Working+With+Children/Home/Application+Process/ or from participating Australia Post outlets.

Under the section marked 'Details of Organisation' applicants should ensure they provide details of the organisational area and Faculty/Division they are or will be employed in.

An applicant who passes the Check will be issued with an Assessment Notice and WWC Check card, which is valid for 5 years providing it is not revoked by the Department of Justice or surrendered within that time. The staff member (or prospective staff member) should keep the Assessment notice in a safe place and show their WWC Check Card to their employer.

3.4.4.3. Commencement of Work

Normally, the University will require a staff member to have obtained a WWC Check prior to commencement of work. However, in accordance with the Act, while the application is being processed, an applicant may:²

• Continue to perform child-related work,

• Apply for child-related work, or

• Commence child-related work.

Upon submission of an application for a WWC, an applicant will be issued with an application receipt. The application receipt will need to be shown to the Head of Department as evidence that an application has been submitted.

3.4.4.4. Maintenance of WWC Check Cards

Heads of Departments must ensure that suitable monitoring procedures are in place to ensure staff members are in possession of a valid WWC Check Card at all times.

3.4.4.5. Transitional arrangements for existing staff members undertaking child-related work

All existing staff members undertaking child-related work must apply for a WWC Check Card by the relevant date regardless of being in possession of a valid police records check. Heads of Department must ensure that all relevant staff obtain a WWC Check by the specified date.

Created: September 1995
Last Modified: 22 October 2008
Authorised by: Web & Administrative Officer, Human Resources.