Mandatory Declarations

Mandatory declarations are legal statements where individuals self-assess and confirm compliance with key ESSA requirements.

The Mandatory Declaration Policy applies to members and accredited professionals at initial accreditation, annual re-accreditation and return to accreditation. These include:

• Adherence to Code of Professional Conduct and Ethical Practice
• Adherence to Continuing Professional Development requirements
• Adherence to insurance, first aid and CPR (where applicable)
• Adherence to recency of practice thresholds
• Disclosure of charges, convictions and involvement in proceedings related to criminal offences

FAQs

These outline the promises you'll or have kept to maintain your ESSA accreditation and/or membership.

When do I need to sign a mandatory declaration? 
At the time of initial accreditation and membership as well as at the time of renewal or reinstatement. 

When do I need to complete a Criminal and Ethical History form? 
Only when you need to declare to ESSA prior convictions, charges or involvement in proceeding in Australia or overseas. 

What is the difference between a criminal history and an ethical and disciplinary history?
A criminal history means any act that has been deemed unlawful. Criminal history includes charges, convictions, or involvement in proceedings in Australia or overseas. 

Ethical and disciplinary history means any complaints, ethics and disciplinary investigations or penalties against you that you know about in Australia or overseas.

I do not meet the declaration threshold. What should I do?
If you do not meet the declaration, do not sign the declaration, and complete the Criminal and Ethical History Declarations Form or contact ESSA as soon as possible.

If I have a criminal or ethical history, can I be accredited? 
Every declaration is considered on an individual case by case basis. ESSA will review the information and consider if there is any impact on your ability to practice safely. 

Should I declare international convictions and/or ethical penalties?
Yes. You should declare all convictions or ethical penalties from Australia and internationally. 

What happens if I do not declare my criminal and/or ethical history?
If you have a criminal or ethics history and do not declare it ESSA this may result in ESSA taking disciplinary action.

What should I do if I am charged with an offence or I am under an ethical investigation in the middle of my membership or accreditation term?
You must contact ESSA within 7 days of any changes to your declaration status. You must also keep ESSA up to date of any outcomes of the charges or offences. 

I was charged with an offence however no conviction was recorded. Do I need to declare this to ESSA? 
Yes.  You must declare charges, convictions, or involvement in proceedings in Australia or overseas.

I am renewing but cannot meet one of the declarations. What do I do?
You must contact ESSA for advice before renewing. ESSA will work with you to meet the requirements.

Remember, making a false declaration can lead to disciplinary action.
 
I have declared my criminal/ethical history to ESSA already. Do I need to declare it again when I renew/reinstate?
No. If ESSA has already reviewed the declaration and provided an outcome you do not need to declare it again. You only need to contact ESSA if there are any changes to your history.  

Updated January 2022