genorm

According to "Fit2Work" who carry out the ICHC on AHPRA's behalf, they take seconds. However, according to one of our subscribers who has filled out the forms for Fit2Work, it's taken weeks (3 and counting I believe). @Icashe have you heard any more?

They also charge you GST which is naughty as there will already be VAT included from the UK end!

KDMH

I am currently filling in the form now... its good you can scan and include Passport/Divers licence etc but to then have to write everything out again for the consent forms and scan those is a little annoying... (That and I have already been CRB checked for migration within the last few weeks).

genorm

It's ridiculous and absoutely unecessary! I've complained to the UK DBS, but without evidence, I'm not prepared to lodge a complaint of fraud against AHPRA!

Are you using a Migration Agent - if so, let them know about this "double dipping".

KDMH

We have already got our Visa (Phoned us today) So they are not involved with this part of us emigrating (Their part is over- getting us the visa - which was in my partners name so not nursing related).

genorm

Got a reply from "Fit4Work" They said the "Police checks in seconds" only applied to domestic police checks in Australia. They said international ones take 10-15 days. They haven't said why they take longer than 10-15 days - but then again, they are an associate of AHPRA!

Iscashe

Fit2work send the results directly to AHPRA, and I imagine that unless they find something they won't tell me. As my record is squeaky clean :-D I don't expect to hear anything about it...I've had acknowledgement from AHPRA that they've received my application on 2nd march, but nothing more. Have no idea how long I'll be waiting to hear anything else but will let folks know when I do! Good luck to all, it's such a lottery!

genorm

That is wrong. It is a search being done in YOUR name and is paid for by you. You can DEMAND a copy of theeir search - it belongs to YOU not to them!

genorm

I have now received this further information from DBS.

Dear Dave,

Thank you for your further email.

All of the organisations registered with the DBS are compliant with our Code of Practice. This is a condition of their registration.

If you are seeking the services of an organisation to submit applications on your behalf you can use our Umbrella Body search function and this can be found through the following link - https://www.gov.uk/find-dbs-umbrella-body

The type of ‘sensitive information’ you have asked about is not available through a DBS Certificate.

In answer to your last question, a foreign based organisation cannot register to submit applications to the DBS in any circumstances nor do we offer a premium service.

In closing, I trust I have clarified the position in regards to your questions and the following link will provide further information into our application process.

https://www.gov.uk/disclosure-barrin...check/overview




Yours Sincerely

XXXXXX XXXXXX

Customer Relations

Pollyana

And of course Fit2work and AHPRA are being just as forthcoming with their replies and information........

I would be interested to hear from the first person that challenges AHPRA and asks to see what their 'international criminal history check' looks like.

Pollyana

Part of the consent form for these 'international criminal history checks'......

“International Consent/Authorization
In connection with this request I authorize all governmental and private agencies within the European Union, or any member state thereof, Asia Pacific (APAC); Middle East; South America or African regions, to release information they may have relating to my criminal record, educational or employment record to the person or company with which this form has been filed, or their agent for that purpose in which this consent was obtained. I authorize this consent to any nation outside the E.U or my home countries of:”


Interesting that they don't mention the USA? And anyone agreeing to this is effectively agreeing that ANY country outside the EU or their home country can have access to any criminal record, educational or employment record that Fi2Work dig up and attribute to them! Bear in mind that this info will also be sent to AHPRA without the applicant seeing it first.

genorm

There is so much that is wrong with this process. Normally, the applicant would complete the form and their employer would submit it to DBS. Thus, the flow chart would read:


In the case of AHPRA it's this:


Who are these "Agents"? as if they are not in the UK they have no jurisdiction to undertake Police Checks in the UK.

It's dangerous stuff, and even though I gave AHPRA time to answer my concerns, they have still failed to do so after 3 weeks.

Their response to my prodding last week was that "it takes time to get someone to answer such complex questions. My main question was this:

"Are your ICHC's that are undertaken by Fit2Work legal in the EU and/or UK?"

One would think that the answer to that would be a pretty resounding "YES" accompanied by proof.

It's almost as if they don't care if they flout the law or not!

Pollyana

One would have thought that the answers to those questions should be at their fingertips, if not published on their website.
The contets of someone's criminal history could cause all sorts of issues if it falls in to the wrong hands. When I used to do them for the Education ( and Social Services and similar) Depts back home any positive result could only go to one senior staff member, strictly confidentially, and details could not even be passed to the employing school,. If any of us revealed details of anyone's record to anyone else we could be sacked and prosecuted. The damage that could be done to someone's life is immeasureable.
It was also quite common for innocent people to share a name and Date of Birth with someone who did possess a record. This would lead to fingerprinting to eliminate the innocent person, and issue them with a No Trace response. How is Fit2Work going to deal with those situations?
It appears that AHPRA & Fit2Work don't care at all about the possible repercussions for applicants.

genorm

Fit2Work have now advised me that they use "Disclosure Scotland" to do their UK CHCs. Why they use a Scottish Government service for checks inEngland, Wales and Northern Ireland is questionable. However, the cost of a Basic Disclosure via DBS is £42, with DS it's £25 yet Fit2Work charge the equivalent of £85 (subject to conversion rates).

Also, an applicant can undertake a Disclosure with DS themselves, so why have AHPRA decided to use numerous agencies to do their checks? I'd suspect it's because they are NOT compliant with DBS privacy policy.

It's ridiculous and a profit making venture for somebody!

genorm

Blimey, this gets worse and worse. This is what it says on Disclosure Scotland web site regarding checks on applicants in the UK:

You can apply for a basic disclosure for any purpose. However the contents of a basic disclosure certificate may differ depending on whether the application for the certificate is processed under the legislation that applies in England and Wales or under the legislation that applies in Scotland. A basic disclosure certificate either contains information about every conviction of an applicant or states that there is no such conviction. Conviction takes its meaning from the Rehabilitation of Offenders Act 1974, but it does not include any spent conviction. The Rehabilitation of Offenders Act 1974 sets out rehabilitation periods after which convictions may become spent; different rehabilitation periods apply in England and Wales and in Scotland.

Rehabilitation periods should be determined with reference to the law of the jurisdiction to which the inquiry relates. For example if you are applying for a basic disclosure in connection with an application to work in England or Wales then the question is probably being asked under the laws of England & Wales. It is for you and your prospective employer (in cases where the question is being asked for employment purposes) to identify the applicable governing law. Disclosure Scotland expects that the applicable governing law will normally be the same jurisdiction in which the applicant lives. If this is not the case then the individual should tell us otherwise.

For an application where the home address of the applicant is in England or Wales, the application will be processed under the version of section 112 of the Police Act 1997 and the rehabilitation periods in section 5 of the Rehabilitation of Offenders Act 1974 that apply in England and Wales.
For an application where the home address of the applicant is in Scotland or in a country outwith Great Britain, the application will be processed under the version of section 112 of the Police Act 1997 and the rehabilitation periods in section 5 of the Rehabilitation of Offenders Act 1974 that apply in Scotland.

Is this why AHPRA/Fit2Work have chosen Disclosure Scotland? Is it because they realise they do not comply to the law in England and Wales - and hope that the majority of applicants are so eager to get to Australia, that they fail to read and/or take in the small print?

Why does AHPRA need this information when it is already available to relevant Australian authorities as a result of checks undertaken by visa applicaants?

It's a shocking case of over elaboration - how does AHPRA justify this invasion of privacy?

Pollyana

So Fit2Work are carrying out checks with DBS. DBS have stated that they don't deal with non-UK companies. So how are DBS managing this?