Consultation open: Draft Criminal Conviction Vetting & Managing Inappropriate Behaviour and Conduct Policies

 3pm, Wednesday 18 September

 7.30pm, Thursday 19 September

11am, Friday 20 September

Register for this event(external link)

 Register for this event(external link)

Register for this event(external link)

Question

Answer

1.       Why has 10 years been proposed for re-vetting rather than any other timeframe?

Currently we do not undertake re-vetting. Vetting checks can only ever provide a current snapshot in time. The 10-year timeframe is in line with the recommendation from the Te Kawa Mataaho Public Service Commission independent review. Our personnel already have an obligation to report to their manager or brigade leader if they are charged or convicted with a criminal offence.

2.       Does re-vetting every 3 years apply to anyone within Fire and Emergency - as per the Children’s Act 2014 (ref working closely with children and young people; and Ambulance specifically named as being a regulated service)?

Currently positions within Fire and Emergency New Zealand are not required to be vetted in accordance with the Children’s Act 2014. Roles that involve working with children are alongside other caregiver caregivers/supervisors/teachers and therefore do not require additional vetting.

3.       How does this compare with how other similar agencies vet and re-vet their personnel?

Fire and Emergency needs to ensure that its approach to vetting and re-vetting is fit for purpose and meets our requirements. Maintaining the high level of public trust and confidence in our services must be upheld. This approach is similar to other emergency response agencies such as Hato Hone St John.

4.       What is the difference between the Ministry of Justice and NZ Police vetting processes currently undertaken?

The Ministry of Justice criminal record check only covers convictions.

Police vetting provides both your criminal record (convictions) as well as any current charges.

5.       Has the administrative time to deliver these additional processes been considered? How is the re-vetting workload being resourced?

The administrative considerations will be worked through prior to implementing any changes to the current process.  We are conscious of ensuring minimal impact.  

6.       Would disclosure of a criminal conviction by another person trigger the requirement for re-vetting?

Disclosure of a criminal conviction for personnel by another person may prompt discussion with the individual concerned and their people leader. Depending on the individual circumstances of each case this may or may not result in re-vetting.  It is important to remember that every one of us has an obligation to advise our manager if we are facing criminal charges or receive a criminal conviction.  Not doing so is a breach of our Code of Conduct.

7.       Will convictions be considered case by case? Will managers be able to use their discretion? 

Each case will be looked at on an individual basis. The Criminal Conviction Vetting Policy sets out the process to assess the seriousness of the conviction and the steps involved.  (Criminal-Conviction-Vetting-Policy-DRAFT-FOR-CONSULTATION.pdf (fireandemergency.nz)(external link) see suitability schedule on page 6)

8.       How will failed screenings be delivered along with proof that the documentation exists? 

The outcome of the Ministry of Justice vetting check can be provided to both the individual concerned and Fire and Emergency. The outcome of Police vetting will only be provided to Fire and Emergency.

The individual concerned is entitled to request a copy of the Police vetting report from Fire and Emergency.  

We will engage with any personnel whose re-vetting may fall short of our acceptability criteria to determine what the most appropriate next steps should be.  Depending on the seriousness of the matters identified through vetting this could include providing support, placing certain requirements on individuals and/or disciplinary action (Criminal-Conviction-Vetting-Policy-DRAFT-FOR-CONSULTATION.pdf (fireandemergency.nz)(external link) - see page 6).

9.       Does the Clean Slate Act apply? 

The Criminal Records (Clean Slate) Act 2004 applies. Criminal-Conviction-Vetting-Policy-DRAFT-FOR-CONSULTATION.pdf (fireandemergency.nz) - S(external link)ee pages 6 and 7. 

10.   What happens if someone is charged but a decision on conviction has not yet been made. 

These instances will be reviewed on a case-by-case basis including considering if there is a need to undertake an internal investigation process and/or propose stand down or suspension.

11.   Will my privacy be maintained regardless of the outcome and who will have access to this information? Will the results ever be shared outside of FENZ? 

Fire and Emergency will keep criminal conviction vetting information confidential and stresses the importance of confidentiality to all involved parties. Any breaches of personal privacy and confidential matters will be taken very seriously. In the circumstances of a third party request we will discuss the external request with the person concerned.  

12.   What happens if you’re re-vetted and found to have a conviction that hadn’t been self-disclosed?

We will engage in an appropriate process with any personnel whose re-vetting may fall short of our acceptability criteria (Criminal-Conviction-Vetting-Policy-DRAFT-FOR-CONSULTATION.pdf (fireandemergency.nz)(external link) – see page 6 and 7). These instances will be reviewed on a case-by-case basis. A course of action will be chosen by the decision maker in line with the policy depending on the seriousness of the convictions. Current and future policy requires all personnel to self-disclose at any point should their circumstances change.

13.   How will this apply for those new to Aotearoa New Zealand? (Presuming they have been deemed ok enough to enter the country)

As is the current practice, Immigration New Zealand vets for residency within New Zealand. Fire and Emergency vets when personnel apply for a role.  Because of our role, Fire and Emergency’s standards for acceptable criminal convictions may be different than those used by Immigration New Zealand to determine suitability to move to New Zealand.

14.   Why are the trigger points for leadership roles only? 

The trigger points for re-vetting include appointment into a new role that involves people leadership, has a broad span of influence, has access to sensitive or confidential information and/or holds any other position of influence.  This re-vetting will help ensure that the personnel involved meet the expected requirements of such roles, including the high level of trust and integrity.  

15.   Will a criminal conviction impact eligibility for a Long Service Good Conduct medal? 

This will be reviewed on a case-by-case basis to determine any impact on eligibility as outlined in the relevant policy.

16.   Can you request a re-vetting for someone if there is evidence? 

If there is evidence of an offence having been committed by personnel, this will be taken up with that person by their people leader.  

17.   If I’ve been convicted of an offence, can I reapply to join later on – if so, when? 

Yes, you can reapply however, we would encourage people to review our criminal conviction vetting guidelines on what is acceptable or not. For any offences, other than arson and/or sexual offences, applicants are assessed using the C.A.R.E model (Criminal-Conviction-Vetting-Policy-DRAFT-FOR-CONSULTATION.pdf (fireandemergency.nz)(external link)– see page 6) to determine suitability.  

18.   Will vetting and re-vetting apply to everyone in the organisation? 

The policy applies to all Fire and Emergency personnel. Vetting will be applied to temporary appointments of 3-months or more duration. When a contractor is engaged, confirmation of the vetting results will be sought from the referring agency. Independent contractors must complete criminal conviction vetting.  Third party contractors are not subject to our vetting policy, they are covered by their own employer’s vetting process.

19.   What will happen if you refuse for the re-vetting check to be completed?

If a person has not returned a completed form or has advised that they refuse to complete the form, the relevant people leader and People Advisory will work with the person to support their completion of the form and answer any concerns or questions they may have.  Ongoing refusal may have implications on employment or status as an authorised person.

20.   When will the first 10-year re-vetting begin? All at once or staggered?

We will be applying a phased approach from when this policy is introduced. It is our intention to start with longer serving personnel given the length of time since their last vetting.

21.   Where will this information be held? How secure is it?

Police and Ministry of Justice vetting information will be securely recorded and stored

22.   What will I have to do for re-vetting – will I know the process is happening or is it automatic? Will I have to ok the check going ahead? Will it cost me anything? 

All personnel will be advised when re-vetting is required. Personnel must give consent through signing the appropriate form provided to them. The cost of re-vetting will be met by Fire and Emergency.

23.   Why can’t agencies share information between them? Why can’t the courts just inform us?

The court system does not offer the service of informing employers, and they would not necessarily know who the person works for or volunteers with.

The Privacy Act notes that information pertaining to a person cannot be shared without their consent meaning that agencies cannot share information between themselves.

24.   Will the criminal conviction vetting process pick up a conviction incurred overseas? (eg Australia)

Fire and Emergency may request an Australian National Police History Check from the NZ Police vetting service when this is relevant. The affected personnel for whom the vetting is required will need to provide their consent and details required for this.   

25.   If any further information is required through the re-vetting process, who does that – manager or People Advisory or external agency (MoJ/Police)?

The manager will contact the person to seek clarification on the matter, supported by People Advisory if required.

26.   What are “trigger points” and why do they happen specifically at that point?

Regular re-vetting occurs every 10 years of service.

Trigger point re-vetting occurs:

• prior to being confirmed, including on secondment, in a new role that involves people leadership, has a broad span of influence, has access to sensitive or confidential information and/or holds any other position of influence.  
• when a criminal conviction has been revealed either through self-disclosure or disclosure by another person.

Regular and triggered re-vetting assists in keeping our people safe, building a trusted and positive workplace culture and helps maintain community confidence and trust in Fire and Emergency. This ensures personnel meet their obligations under our Code of Conduct and maintain the standards required in their employment or volunteer relationship with Fire and Emergency.

27.   Criminal Vetting reviews – has this been resourced and is the process clear and available for everyone? Including timeframes?

A person whose conviction has been defined as serious may request a review of the decision via the DCE People.  Right of Appeal link (Criminal-Conviction-Vetting-Policy-DRAFT-FOR-CONSULTATION.pdf (fireandemergency.nz)(external link) - see page 5)

28.   Are drug and alcohol offences covered or not?

This will depend on whether the drug and/or alcohol offences resulted in a criminal conviction and will be worked through on a case-by-case basis using the C.A.R.E module (Criminal-Conviction-Vetting-Policy-DRAFT-FOR-CONSULTATION.pdf (fireandemergency.nz)(external link) – see page 6).  In these cases we will also work with the individual to ensure they receive the support and help they may need if they have a drug or alcohol problem.

29.   Do you have a way to capture people who may have had their national security clearance lapse/withdrawn prior to the re-vetting process?

Evidence of a current national security clearance will be required in place of re-vetting or pre-screening vetting.  Only certain roles within Fire and Emergency require a national security clearance, and where this is required, Fire and Emergency is advised if it is withdrawn or lapses.  Otherwise, standard regular and trigger-base re-vetting will apply.

30.   How is re-vetting being funded?

Fire and Emergency will be covering the cost for all re-vetting applications in line with our current recruitment vetting contract.

31.   What happens if I have no photo ID?

As part of the appropriate vetting request and consent form when making an initial appointment, the hiring manager must sight identification documents and verify the photo of the applicant in person. If the applicant has no photo ID, such as a driver licence, passport or firearms licence, advice should be sought from the Fire and Emergency recruitment team about other acceptable options to prove identity.  

32.   What training/support will managers receive to work with people who are reluctant or refuse to engage with this process?

People leaders will be directly supported by People Advisory in working with personnel who are reluctant or refuse to engage with the required re-vetting process. People leaders should request support from People Advisory as soon as any such instance arises. People Advisory | The Portal (fireandemergency.nz)(external link)

33.   Why do we apply different standards to different groups of people ie Police vs MoJ checks?

Police only provide vetting and re-vetting checks for operational personnel. Ministry of Justice completes checks for all other personnel.

34.   If I believe information provided by either Police or MoJ is incorrect, what can I do? And what happens in the meantime while this is worked through?

If you think the results of your check are incorrect, you can contact the Ministry of Justice (on 0800 268 787 or CCHonline@justice.govt.nz) or the Police (qa.vetting@police.govt.nz), with details such as our name as the requesting agency, your full name, date of birth, the date the vetting check was submitted, and a description of the issue, and they will look into it. Confirmation of the decision to appoint or decisions associated with re-vetting, in the interim may be deferred pending the outcome.

35.   What is defined as a leader role? Eg does it include Station Officer (Career), Relieving Shift Manager (Comcen), Brigade management roles that may have responsibilities eg money handline (treasurer) but not be people leaders 

A people leader is defined as a role that includes responsibility for personnel reporting directly into the role.

36.   Are you required to be re-vetted (trigger-based) every time you move into a people leader role (e.g. if acting up on secondment three months or longer) or does each re-vetting check last for a certain length of time?

Where a person has undertaken either a new personnel vetting or re-vetting exercise within 3 years of taking up an appointment to a new role or a secondment of 3 months or more, they will not normally be required to undergo another re-vetting. Notwithstanding this, Fire and Emergency reserves the right to require re-vetting prior to a person taking up an appointment to any new role or new secondment where the role has particularly sensitive responsibilities.  

Question

Answer

1.       What applies in the interim before the final Managing Inappropriate Behaviour and Conduct policy is in place?

Before the proposed Managing Inappropriate Behaviour and Conduct Policy is in place, Te Tikanga Whanonga: Our Code of Conduct, the Unacceptable Behaviours Schedule, and the Bullying, harassment and victimisation policy(external link) should be referred to depending on the matter.

In addition, there is a range of guidance under How do I, including:

• Current process for bullying and harassment complaints;
• Respond to bullying, harassment and victimisation and any instance of sexual harm;
• How to respond if you are experiencing unwanted behaviour;
• How to respond if you are supporting someone who has experienced or witnessed unwanted behaviour;
• How to respond as an upstander if you witness unwanted behaviour;
• How to respond as a people leader/manager advised of unwanted behaviour;
• How to respond if you are told your behaviour is unwanted.

Where there is no relevant policy or guidance, speak to your people leader in the first instance. People Advisory can also provide advice.