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Criminal History Record Checks for Advocates from the National Aged Care Advocacy Program (NACAP)

In this section:

To all approved providers:

Advocacy services can provide residents and their representatives with information and advice about rights and responsibilities, support to be involved in decisions affecting residents’ lives, assistance to resolve problems or complaints in relation to aged care services, and assistance in promoting the rights of older people to the wider community.

The attached document provides information about your responsibilities relating to advocates under NACAP and explains why you do not have to undertake criminal record checks for these advocates or require them to declare their criminal records prior to entering your premises.

If you have any questions, please contact the NACAP service in your State or Territory by phoning the free National Aged Care Advocacy Line on 1800 700 600

Why are we writing to you?

We are writing to provide you with information about your responsibilities in relation to advocates from the National Aged Care Advocacy Program (NACAP) and to remind you that you do not have to undertake criminal record checks for these advocates who enter your premises or require them to declare their criminal records prior to entry.

What do the advocacy services do?

As you are aware, the Department of Health & Ageing (Department) provides funding to nine advocacy services under NACAP.

Each NACAP advocacy service provides a free and confidential service promoting the rights of people receiving aged care services. The advocacy services provided to aged care residents and their representatives include:
  • information and advice about rights and responsibilities;
  • assistance in resolving problems or complaints in relation to aged care; and
  • assistance in promoting the rights of older people to the wider community.

Criminal record checks for advocates

As a condition of their funding agreement with the Department, each NACAP advocacy service is required to undertake a National Criminal History Record Check (criminal record check) for their staff and advocates who have, or may have, unsupervised access to people in aged care.

These funding agreements provide that a NACAP advocacy service cannot allow a person to become an advocate (or have any unsupervised access to people receiving aged care) unless it is satisfied that:
  • the same person has a police certificate that is not more than 3 years old and,
  • the police certificate does not record convictions for murder, sexual assault, or any other form of assault that resulted in a conviction and sentence to imprisonment.
In addition, each NACAP advocacy service has to provide the Department with an annual Certificate of Compliance, certifying that current criminal record checks (no older than 3 years) have been carried out for all relevant staff and advocates (including new starters) and no staff member or advocate commenced, or continued with the organisation, if a criminal record check disclosed that they had been convicted of an offence that precluded their involvement with the advocacy service.

Because the Department requires each advocate to have a current police check in place, approved providers are reminded that you do not have to undertake criminal record checks for advocates who enter your premises or require advocates to declare their criminal records prior to entry.

Approved providers are also reminded that you must allow advocates access to your facilities in accordance with section 56-1(k) of the Aged Care Act 1997 and principle 23.10 of the User Rights Principles 1997.

The Department hopes this information clarifies the measures in place to ensure advocates have current police checks, your role as an aged care provider, and the regulatory framework within which the NACAP operates.

Who do you contact for further information?

Should you have any further queries, please contact the NACAP service in your State or Territory by phoning the free National Aged Care Advocacy Line on 1800 700 600.
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