Employment suitability clearance assessment criteria

1 Departmentof Home AffairsAustralianGovernmentEmployment suitability clearance assessment criteria Associated Document Published date: Availability: Internal and external Purpose: To outline the risk factors assessed during the Department s Employment suitability screening process Owner: Assistant Secretary, Integrity and Professional Standards Branch Category: Executive Sub-category: Governance Contact: Director, Employment suitability Integrity and Professional Standards Branch File No: This Associated Document refers to: Instruction and Guideline Employment suitability Screening Employment suitability clearance assessment criteria Page 2 of 14 This associated document applies to: Immigration and Border Protection (IBP) workers1 who are:o ongoing and non-ongoing Australian Public Service (APS) employees in theDepartment of Home Affairs (the Department)o secondees whose services are made available to the Department (including an officeror employee of the APS, a Commonwealth, State or Territory agency or authority, or aforeign government or authority, or a public international organisation)o contractors and consultants working in-house in the Department ( physicallylocated in premises, or on vessels or aircraft, that are owned, managed, controlled,leased, contracted by or operated by the Department) under a contract for services,other than locally engaged staff at overseas posts ( Internal contractors / consultants )

2 O all other contractors and consultants working for the Department ( External contractors/ consultants ) who require non-public access2 to Departmental Assets3, unless theAssistant Secretary, Integrity and Professional Standards (I&PS) Branch, inconsultation with the relevant business area, has determined the individual does not fallwithin the scope of this policy4. The Secretary of the Department and the Australian Border Force Commissioner. Individuals who are not IBP workers but require non-public access to Departmental Assets,unless the Assistant Secretary, Integrity and Professional Standards (I&PS) Branch, inconsultation with the relevant business area, has determined the individual does not fallwithin the scope of this Home Affairs workers are referenced as IBP workers under the Australian Border Force Act 2015 which remains same after the standing up of the Department of Home Affairs.

3 IBP workers are defined in section 4 of the Australian Border Force Act 2015 and the Secretary Determination on IBP workers. 2 Non-public access means ongoing or unrestricted access to Departmental Assets which are not available to members of the public. 3 Departmental assets includes (but is not limited to) any information and technology systems (ICT systems), information, plant and equipment, vessel, aircraft and / or premises that is owned, operated, managed, controlled, leased or contracted by the Department. 4 Business areas must undertake a risk assessment where they believe an individual or group of individuals requires access to Departmental information or resources but should not fall within the scope of this policy. Assistant Secretary I&PS Branch will make the final decision in relation to any such assessment .

4 Employment suitability clearance assessment criteria Page 3 of 14 Table of Contents Introduction 4 Definitions 4 factors5 Risk factor 1 associations and conflicts of interest 5 Why are associations and conflicts of interest being examined? 5 How will an individual s associations and conflicts of interest be assessed? 5 Risk factor 2 criminal history or involvement in criminal or illegal activities 6 Why are criminal histories or involvement/association with criminal or illegal activity examined? 6 How will an individual s criminal history or involvement / association with criminal or illegal activity be assessed? 6 Risk factor 3 compliance with border-related laws 7 Why is compliance with border-related laws examined? 7 How will an individual s compliance with border-related laws be assessed?

5 8 Risk factor 4 drug use 8 Why is drug use examined? 8 How will an individual s drug use be assessed? 8 Risk factor 5 compliance with the APS Values, Employment Principles and Code of Conduct 9 Why is compliance with the APS Values, Employment Principles and Code of Conduct examined? 9 How will an individual s compliance with the APS Values, Employment Principles and Code of Conduct be examined? 10 Risk factor 6 dishonesty in the Employment suitability screening process 10 Why is dishonesty in the Employment suitability screening process being examined? 10 How will an individual s dishonesty in the Employment suitability screening process be examined? 11 Risk factor 7 cumulative impact of multiple risk factors and other relevant risk factors 11 Factors11 policies14 Internal consultation14 External consultation14 Employment suitability clearance assessment criteria Page 4 of 14 Introduction The Australian Government s Protective Security Policy Framework (PSPF) contains the controls used by the Australian Government to protect its people, information and assets.

6 Pursuant to the PSPF, all Australian Government agencies are required to undertake Employment screening for all new personnel (and other individuals who are provided access to the agency s assets), as well as having policies and procedures in place to monitor the ongoing suitability of personnel, including (for example) periodic Employment re-screening. To implement the Department s obligations under the PSPF, the Secretary of the Department has determined that: in the case of Department employees an Employment suitability clearance (ESC) and a minimumBaseline security clearance are essential qualifications and thus:oa condition of engagement for the purposes of paragraphs 22(6)(c) and 22(6)(d) ofthe Public Service Act 1999 (Cth) (Public Service Act)

7 Osubject to the arrangements for the graduated implementation of employmentsuitability screening, a condition of ongoing Employment in the case of all other individuals who require non-public access to Departmental assets, subject to thearrangements for the graduated implementation of employments suitability screening, an ESC and aminimum Baseline security clearance are a mandatory precondition of being provided such purpose of this document is to outline the specific risk factors that are assessed during the Department s Employment suitability screening process, and the grounds upon which an individual may be not granted an ESC. Definitions In this document, the following terms have a special meaning: Drug use includes use of the following substances.

8 Marijuana (including herbal, oil or resin / hashish) cocaine heroin LSD magic mushrooms ecstasy (MDMA) ketamine GHB fantasy as well as GBL and 1,4-BD amphetamine or methamphetamine ( speed, ice, base, pills) inhalants ( glue, petrol, poppers ) steroids or other performance/image enhancing drugs (if consumed for a non-prescribedor non-medical purpose) pharmaceutical products/prescription medications (if consumed for a non-prescribed ornon-medical purpose) anti-anxiety, sedatives, sleeping pills or ADHD medication (if consumed for a non-prescribed or non-medical purpose) painkillers (if consumed for a non-medical or non-prescribed purpose) Employment suitability clearance assessment criteria Page 5 of 14 drug analogues and other new psychoactive substances ( mephedrone, spice orother synthetic marijuana products) legal highs (substances marketed as natural or herbal alternatives to illicit drugs and/orintended to mimic the effect of illicit drugs regardless of whether they are legal or not) any other prescription drug or substance taken for any non-medical reason (specifysubstance(s) below) other drugs or substances taken to produce a high or other psychoactive effect (specifysubstance(s) below).

9 Immediate family means a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of an individual a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of an individual any other individual or family member (such as a cousin, aunt, uncle, niece or nephew) with which anindividual can positively demonstrate they have a close familial relationship that has the samecharacteristics as a relationship outlined Risk factorsRisk factor 1 associations and conflicts of interest Why are associations and conflicts of interest being examined? The Department s work and the information it holds are valuable to organised crime syndicates, who actively try to circumvent border controls, reduce border integrity and threaten national security.

10 Visa and citizenship decision making and the Department s border management activities are a significant target for criminal groups who have strong financial and other motives to infiltrate border protection agencies across the globe. Within this context, it is not appropriate for individuals to be employed by the Department or otherwise provided with non-public access to Departmental assets if they have high risk associations or conflicts of interest that may cast doubt on their ability to resolve integrity issues in favour of the Department. It is therefore necessary for the Department to examine any high risk associations or conflicts of interest as part of the Employment suitability screening process. This is particularly important in cases where an individual has not previously been employed or contracted by the Department, as the Employment suitability screening process will be the Department s first opportunity to examine these relationships and issues.