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Police certificates and subcontracted services

By Julie McStay15 Aug 2014

The Department of Health recently published an Industry Feedback Alert about compliance with police certificate requirements when Home Care, HACC and NRCP providers broker or subcontract to organisations to provide aged care services on their behalf. Click here for the alert.

The alert confirms that aged care providers must be able to demonstrate that they have a system in place to ensure that any subcontracted organisation complies with the police certificate requirements. Providers cannot delegate their responsibility to ensure that any individual providing services meets the police certificate requirements and it is not sufficient to rely on a statutory declaration by the subcontracted organisation to say they have complied or to simply assume because that organisation is also an approved provider, that they would be compliant.

In order to be satisfied that you are compliant the Department has now confirmed providers should:

  • Review the subcontracted organization’s systems to make sure they have a system that is adequate to ensure all staff have valid police certificates; and
  • Make it a term of your contract with the subcontracted organisation that they must meet the police certificate requirements.

This is entirely consistent with the advice we have provided to our clients for some time. Our service and brokerage agreements include a term that the subcontracted organisation must ensure that they have a valid system in place to ensure all of their relevant staff comply with the police certificate requirements.  Please click here to view the range of Brokerage and Service Agreement options available from the Simply Legal website.

If you otherwise need advice on compliance issues please contact Julie McStay, Director and head of the Aged Care and Retirement Living team at Hynes Legal.