Safety concerns, disputes and exclusions policy

Principles

Every safety concern raised in a reference is reviewed by a person before it forms part of a worker's record. Nothing is published automatically, and nothing is dismissed automatically.

Review checks that a concern was raised properly: by someone who engaged the worker, with specifics, and marked correctly as documented fact or an informal account. FIDES doesn't investigate allegations or decide whether they're true. Documented facts and informal accounts are always shown as different things.

The worker always sees what's been raised about them, and can reply.

The same review applies to incidents an organisation or family logs for a worker currently on its team through a subscription: each is checked against the standard below before it forms part of the worker's record, and the worker is told the outcome and can reply.

How a concern is reviewed

1. A referee raises a concern in a reference check, marking it as documented fact or an informal account and giving what happened, roughly when, and whether it was recorded.
2. We review it within 10 working days. We check that:
   • the referee is who they say they are and engaged the worker;
   • the concern gives specifics, not just a characterisation;
   • it's marked correctly as fact or informal account. For documented fact, we may ask the referee to confirm the record exists and what kind it is;
   • it doesn't name or identify the person receiving care;
   • it's about the worker's conduct at work.
3. We decide one of these outcomes:
   • Added to the record, as documented fact or as an informal account.
   • Sent back to the referee for more detail or correction. It isn't added until they respond.
   • Not added, because it doesn't meet the standard, is outside scope, or appears to be made in bad faith. We keep a note of why.
4. We tell the worker what was raised (without the referee's name) and the outcome, and invite a reply.
5. The record updates. Organisations and families the worker has authorised see that a concern is on the record, and the worker's reply.

Replies, corrections and employment that ended during a review

Reply. A worker can reply to any concern on their record at any time. The reply is shown with the concern wherever the concern is shown.

Correction. A worker can ask us to correct a factual error: a wrong date, the wrong employer, a mixed-up identity, or an answer attributed to the wrong person. We check with the referee where needed and respond within 10 working days. A concern found to be wrong, or about the wrong person, is corrected or removed. We don't change a referee's honest opinion. If we decline a correction, the worker can ask us to attach a statement of correction, and we will.

Employment that ended during a review. A referee can record that the worker's employment ended while a matter was under review, with the date. This is recorded as a fact about timing only. It doesn't say what the matter was or what it would have found, and the worker can reply to it.

How long concerns are kept

A concern stays on the record while it's relevant to safety, and we review it every 2 years. Five years after it was raised, we remove the referee's identifying details; the concern and the worker's reply stay. A concern found to be wrong is corrected or removed straight away. The Privacy Policy sets out how long everything else is kept.

Permanent exclusion

Permanent exclusion is for serious grounds only. Two people at FIDES decide, at least one of whom wasn't involved in the first review, and the worker is told the reasons and can respond before anything takes effect. An organisation can ask us to consider an exclusion, but a request on its own is never grounds.

Grounds

• using FIDES to deceive, such as a false identity or forged documents;
• documented findings of abuse or neglect from two or more separate employers;
• a finding by a court, regulator or professional body that the worker harmed someone in their care.

We never rely on convictions concealed under the Criminal Records (Clean Slate) Act 2004.

Process

1. Notice. We tell the worker in writing what we're considering and why, with the information we're relying on, without referees' names.
2. Response. The worker has 20 working days to respond, in writing or by phone.
3. Decision. Two people at FIDES decide, at least one of whom wasn't involved in the first review, taking the response into account, and gives written reasons.
4. Effect. The worker's account is closed, and they can't hold a Verified profile or be authorised by anyone. We keep only what's needed to recognise them if they return, and the reason. Anyone who searches for them gets the same "no match" result as for someone who isn't on FIDES.
5. Reconsideration. The worker can ask us to reconsider once, with new information, at any time.

If there's a serious and immediate risk, we may suspend the account while this process runs. We tell the worker straight away.

What FIDES doesn't do

FIDES isn't an investigator or a reporting line, and we don't accept reports about workers outside a reference check. If you're worried about a worker:

• if someone is in immediate danger, call 111;
• raise it with the worker's employer;
• for a child, contact Oranga Tamariki or NZ Police;
• for a disabled or older adult, contact NZ Police, the provider's complaints process, or the Health and Disability Commissioner.

If you're unhappy with how we've handled a concern, email info@fidesid.co.nz. If it's about how we've handled your personal information, you can also complain to the Office of the Privacy Commissioner.