genorm

I have just sent a lengthy email to DBS in the UK Home Office.

As soon as I have some answers, I will post on this thread.

genorm

(14:25 on 11/02/15) I have asked "Fit2Work" the following:

Can you please indicate the Human Rights Legislation and Privacy Laws that you operate under in the EU? Can you also indicate under what EU laws you are operating to obtain information of a sensitive nature about EU nationals? Can you also indicate why you charge GST on a service that is undertaken outside of Australia? Can you confirm if your ICHC service INCLUDES a DBS check in the UK - and what other checks you make?

genorm

BTW it is illegal for Autralian companies to charge GST for services undertaken and paid for in the EU!

Pollyana

I really feel for you, its a nightmare scenario.





One of my concerns from the start has been that there is no such animal as an International Criinal Histpry Check - if there was, I'm sure DIBP would be using it as it would e so much easier than individual plice checks - some of which can take months to be completede in high risk countries. Even is Fit2work are trawling public sites and compiling results from waht they find in the public domain, there is no way that should be called a proper criinal histpry check as the available results will differ from country to country.

I'm up to my neck on a course at present, but give me 2 days and I'll look at composing a similar email

genorm

For good measure I also tweeted AHPRA asking about the legality of their vendor charging GST on something that is undertaken and paid for in the EU!

genorm

UPDATE: I have heard back from DBS in UK. Besically, they are saying anything other than a DBS check, which automatically lists unspent convictions, is NOT a part of the service they provide. The letter also quite clearly states that any organisation seeking a DBS check MUST comply with the DBS Code of Practice. The most interesting comment is this:

"The police receive many queries from people making visa or work applications, etc. for other countries. In their experience, overseas embassies etc. will generally accept a police reply under the subject access provisions of the Data Protection Act 1998 as suitable evidence."

Therefore AHPRA at the very least appear to be placing themselves ABOVE DIBP by arranging further checks, that may or may not infringe on Human Rights legislation in the EU.

A further point made in the letter from DBS is this:

"If DBS become aware that a Registered Body or person is possibly not compliant with the Code of Practice and/or Conditions of Registration and fraud is not suspected our primary aim will be to engage with them to ensure compliance going forward. If non compliance continues after intervention then DBS will consider imposing sanctions that include suspension or cancellation of the Registered Body or persons registration status."

As I have NOT heard back from Fit2Work, I am in the process of putting all of this to AHPRA as the responsible organisation.

I will keep you all updated, but in the meantime, I urge anyone in the UK (or indeed the EU), who is asked to complete one of these CHC's to notify their local Police Station and/or MP of the request from Fit2Work in Australia.

genorm

@Icashe, have you had a response from Fit2Work yet? On thir Facebook page it says: "Criminal History Checks in seconds" and yours has already been 2 weeks.

Pollyana

There's a lot of research going on there to make sure the right person has the right history is its done in seconds!

genorm

Apologies, it's their Twitter page that publishes that monstrous claim!

Pollyana

No, you're right, its on the facebook page in the 'about' section. Not many people seem to have a good word for them.

genorm

I just emailed you Pollyana :-)

Iscashe

I had contact from them asking me to resend a form in a different format, and giving me a reference page and number to send to AHPRA, but since then nothing. But then it says they send the results direct to AHPRA, so I'm not expecting to hear anything until AHPRA get in touch (they haven't even received my paperwork yet, it's en route!)

KDMH

Hi Everyone,

I am about to start my AHPRA application, but after a quick skim of this forum maybe I should be considering a career change? Do any of you have any advice for how I should proceed I am at the very beginning of the process.

It does seem that AHPRA are shooting themselves in the foot with the recent change in recognised qualifications and now this extra International CRB - I was under the impression they needed Nurses?!?

genorm

I am still waiting for proper response to my letter to AHPRA regarding the validity of their ICHC's. Apparently it's taking time due to the complexity of my questions. Basically, I asked them if their checks are legal in the UK, as my information is that they are not! It does appear as if they are retaliating to the UK NMC changing criteria for ALL non EU nurses, including Aussies. It does seem rather pathetic that Aussies have to undertake IELTS to get registered in the UK, but those from non English speaking countries from the EU, do not.

My advice is that as you can't practice in Oz without registration, you may as well just get on with it! AHPRA are a bullish lot - they aren't going to change, so best carry on regardless. I'm sure it will all be worth it in the end (provided they grant registration).

KDMH

Yeah, I was under the impression that I would just have to carry on with the process regardless. I believe that I have to apply and pay for the ICHC before I apply for registration - does anyone know how long this process takes? We have received our phone call today confirming we have our Visa (189) so plan to go out 2nd half of this year.