Policy Statement
Any position that has been deemed a position of trust requires enhanced background/security checks. Enhanced background/security checks for positions of trust must be obtained before making an offer of employment.
Application
This policy applies to all organizations specified in Schedule A of the Public Service Commission Act, and to positions in those organizations not otherwise excluded by Section 4 thereof.
Definitions
For the purpose of this policy:
Delegated Staffing Authority – delegated authority from the PSC to another government entity to exercise and perform powers and functions of the PSC related to appointment and promotion.
Enhanced Background/Security Checks – used to measure bona fide occupational requirements, in addition to what is normally required as per the PSC’s References Policy. This may include, but is not limited to, police record checks and vulnerable sector checks.
Position of Trust – a position with one or more of the following characteristics:
- working with information of a highly confidential and/or sensitive nature;
- the care, custody, counselling or legal responsibility for clients or residents in the Government of Newfoundland and Labrador’s care;
- control of large amounts of cash, goods or restricted drugs;
- supporting court proceedings, handling evidence admitted to court, or conducting law enforcement; and/or
- a position requiring individuals whose trustworthiness and security would not place the Government of Newfoundland and Labrador or its clients at risk.
Selection Board Chair: An official acting on behalf of the PSC on selection boards, convened to conduct competitions for the recruitment of public service positions.
Roles and Responsibilities
Department/Agency
It is the responsibility of the department/agency to:
- identify those positions within their department which should be deemed positions of trust and document the rationale for all decisions; and
- ensure that no appointment or promotion is made to a position of trust position until all required enhanced background/security checks are completed.
Delegated Staffing Authority
It is the responsibility of the entity that holds Delegated Staffing Authority to:
- ensure that all enhanced background/security checks are completed and documented accordingly; and
- ensure documents and/or information obtained as a result of the enhanced background/security checks are handled in a confidential manner.
Selection Board Chair
It is the responsibility of the Selection Board Chair to:
- ensure the requirement for enhanced background/security checks is highlighted in the advertisement; and
- ensure that candidates provide written authorization for appropriate background/security checks to take place.
Public Service Commission
The Commission shall:
- monitor and audit to ensure compliance with this policy;
- provide guidance and interpretation of this policy; and
- adjudicate complaints related to the application of this policy pursuant to the Public Service Commission Act.