How Worker Checks works with the Australian Criminal  Intelligence Commission (ACIC) in the  Police Check process

The police check process is used to help protect the Australian community, the Australian Criminal Intelligence Commission (ACIC) works with Australian police agencies and accredited bodies such as Worker Checks to deliver the National Police Checking Service (NPCS or the Service). The Service allows people to apply for a Nationally Coordinated Criminal History Check (check).

A Nationally Coordinated Criminal History Check is often required when applying for employment, Australian citizenship, appointment to positions of trust and a variety of licensing and registration schemes. It helps organisations make informed decisions about the suitability of applicants for:

• recruitment, job applications and pre-employment screening
• volunteer and not for profit positions
• working with children or vulnerable people
• immigration and citizenship
• visa applications
• adoption applications
• occupation related licensing
• firearm licensing.

Click here to get your Nationally Coordinated Criminal History Check with Worker Checks.

 

Police Check process steps:

Step 1—Applicant submits check

An applicant submits an application for a check through either an ACIC accredited body such as Worker Checks.

Step 2—Worker Checks lodges the application

Once Worker Checks verifies the applicant’s identity, they submit the applicant’s personal details provided into the National Police Checking Service Support System (NSS), the national IT system owned and operated by the ACIC.

Step 3—Applicant’s details are searched against national records

The applicant’s personal details are checked against a national database using a name matching algorithm. If the personal details match any police information held in police records, the system will generate a ‘potential match’.

Step 4—Potential match referred to police (Matching)

If the system generates a potential match, it will be referred to the relevant police agency (or agencies) for further assessment. If the police agency confirms the applicant’s details do not match the police information, a ‘No Disclosable Court Outcome’ result will be provided to the accredited body or police agency that submitted the check. If the police agency determines the applicant’s details do match the police information, a referral is generated with the relevant police agency for them to conduct their ‘vetting’ process.

Step 5—Police apply spent conviction legislation and/or information release policies (Vetting)

When an applicant’s personal details match the police information held in police records, the police agencies will determine what information can be released in accordance with the purpose of the check and the relevant spent convictions legislation and/or information release policies. This is commonly referred to as ‘vetting”.

Step 6—Check result is released

Once the police have finished processing the check,Worker Checks can retrieve the check result. On receiving the result, Worker Checks will notify the applicant that the result is available via email and SMS.

Step 7—The check result may be provided to the applicant

Login in to your Worker Checks account to view your certificate.

 

Government Accredited

Click here to view ACIC Accreditation

Disclosable Court Outcomes on a police check. What are they?

There are a number of reasons why an organisation may request your Nationally Coordinated Criminal History Check. However, depending on the discretion of the organisation, they likely assess your suitability for what you apply for based on the details of your Disclosable Court Outcomes.

What are Disclosable Court Outcomes?

When you apply for a criminal history check, there are two possible results:

1. Disclosable Court Outcomes (DCOs)
2. No Disclosable Court Outcomes (NDCOs)

If you have any conviction, pending charge or criminal offence convicted by a legal court, they all appear in your Nationally Coordinated Criminal History Check or AFP Check.

Some categories of DCOs that appear on Police Checks are;

• Sexually related offences
• Traffic charges for which an individual is convicted in a court
• All Sentences and Convictions
• Pending court charges and offences
• Serious assault related offences
• Other offences not under the Spent convictions scheme

Spent Convictions: Depending on the State’s legislation or the applicable spent convictions scheme, some offences are not included in your DCOs. In Victoria, NO spent convictions are shown are employment related police clearances.

Spent convictions are offences which after some years, or meeting some conditions are expunged from an individual’s updated Police Check. Some of these conditions are;

• Ten (10) consecutive years of the waiting period has elapsed since the person was convicted of the crime (in an adult court).
• Five (5) consecutive years of the waiting period has elapsed since the person was convicted of the crime (in a youth court/as a juvenile).

It also follows that;

• The individual must not be convicted of any punishable offence during this waiting period, or the period restarts
• If a jail term is imposed, the crime-free period begins after the jail term
• Convictions stipulated by the court to be considered as Spent if the individual meets Special conditions (community works, therapy, self-quarantine, and co.)

However, some offences can never be classified as “spent” no matter the period elapsed. These offences are considered “Serious” and always appear in an individual’s criminal record check. Some of these offences are;

• Sexually related convictions
• Convictions against corporate organisations and institutions
• Convictions stated by the regulations/Court sentencing
• Convictions for which a prison sentence of six or more months is imposed

No Disclosable Court Outcomes

Applicants that have their Police Check return with NDCOs have passed a national criminal history check application. It means they have no Police/conviction history that is considered releasable or “serious” or no convictions at all.

“Offences” not included as DCOs

Most people have a certain fear of their convictions, history or criminal records and fret over what will be displayed on their Criminal history checks. However, not all your offences are considered Disclosable – including the spent convictions.

Some offences are not “serious”, or they lack the jurisdiction to be included in your DCOs

These offences are, and are not limited to;

• Convictions outside the country.
• Diversion programs.
• Spent Convictions
• Punitive measures by third party institutions or other professional bodies/unions.
• Offences outside the jurisdiction of Australian police agencies/courts

Where are my DCOs sourced from?

A Nationally Coordinated Criminal History Check (NCHC) is a nationwide check program that lists all the disclosable police/criminal records of an individual from all the States and Territories in Australia. So if you have lived in a different state where you got a conviction, it will likely appear in whichever Police Check you apply for.

The Australian Police Check is valid throughout the nation and for employment or volunteering related purposes. It captures all criminal records of an individual via each State and local Police database.

A national criminal history check will undergo vetting through the following Australian states and territories:

• Police Check Tasmania
• Police Check QLD
• Police Check ACT
• Police Check VIC
• Police Check WA
• Police Check NT
• Police Check NSW

What is a Police Check used for?

A Nationally Coordinated Criminal History Check is not only a useful and standard check to ascertain individual suitability for a role, it is also mandatory for some purposes. A person who wants to volunteer in an aged care role must submit an updated Police Check. Public vehicle drivers, nannies, Healthcare workers, Teachers, and co must also provide a valid Criminal Record Check.

Here are some purposes for which you need a Nationally Coordinated Criminal History Check;

• Licensing (Firearms, Schools and co)
• Employment and Recruiting (financial roles, caregivers, working in child-related roles, and co.)
• Working with elderly community members like police checks for aged care sector
• Contracts (Real Estate, Freelancing)
• Police Checks for clubs and community organisations

Can a Police Check expire?

A Police Check is a point in time check and remains valid from the point of issue. You may continue using your Police Check certificate until you apply for an updated Police check. However, most organisations or agencies will not accept a Check certificate older than three (3) months.

When interpreting a Police Check, different agencies/organisations use discretion based on their risk mitigation strategy. That is why an individual should apply for an updated Police Check when applying for a new role (especially when their previous Checks are older than 3 months).

If you are convicted of an offence within this period, you should apply for an updated police clearance and inform your company.

Who can apply for a Police Check?

Anyone can apply for a police clearance. Getting your check also provides you with knowledge of your convictions history and DCOs. People who know the details of their convictions (if any) begin to seek other means to mitigate the effect on their future activities.

How long does it take to process a Police Check?

When you apply online, you will typically get an Nationally Coordinated Criminal History Check posted in your personal portal within 1 hour of your application. The remaining that get referred for manual processing may take up to 10 business days. The applications can be completed via a PC, Tablet or mobile device, including the payment required.

Applying through Worker Checks online portal is fast, efficient, and convenient with your schedule.

 

Do Pending Charges Show up on a Police Check?

Pending charges on Police Check – do they appear?  This is a very common question that gets asked at Worker Checks.

The answer differs by state.

The simple answer is YES. Pending charges DO show up on a Nationally Coordinated Criminal History Check  in all state and territories aside from Victoria.

However, pending charges DO NOT show up on a Police Check in Victoria.

Changes to Victoria Spent Convictions Scheme

From 1 December 2021 changes to the Victorian Spent Convictions Act commenced.

From this date you may notice changes to the information that is released by Victoria Police for Police Check VIC.

This includes the way a person’s criminal history information can be used and disclosed, including what can and cannot be released on a police record check. Some of the changes that have been implemented from 1 December are:

• Victorian convictions that are spent will no longer show up on a police record check, unless an exemption applies.
• Generally speaking, convictions with a sentencing outcome of 30 months imprisonment or less will be spent automatically after a 10-year crime-free period for adults and five years for young people.
• In some circumstances, a conviction will be spent immediately, including when a person was under the age of 15 when they committed the offence.
• Criminal charges where a court has not yet made a decision (pending charges) or information relating to an ongoing investigation by police, or a finding of not guilty by reason of mental impairment will in most circumstances not be released.
• The Spent Conviction Act will only apply to disclosure for standard employment checks.
• Where there is other Victorian legislation or existing national agreements (e.g. ECHIPWC/NDIS) or national laws (e.g. AHPRA) disclosure for those checks will not be affected.

Further information has been made available on the Department of Justice and Community Safety website at Spent Convictions Act 2021 | Department of Justice and Community Safety Victoria

 

Police Check 101 - click for Overview