Author Archives: workerchecks

Uncategorized

How do I get an overseas police check in Australia ?

Posted on by workerchecks
Overseas Police Check
International Police Check

To obtain an overseas police check from Australia, you can follow these steps:

  1. Determine the country where you need the police check for: Different countries have different requirements for obtaining a police check, so it’s important to know the specific requirements for the country you need the check for.

  2. Choose a provider: There are several companies in Australia that offer overseas police check services, including Worker Checks.

  3. Gather necessary information: You’ll need to provide personal details, such as your full name, date of birth, and current address, as well as passport details and any other relevant information required by the specific provider. You will also need a credit card to pay for an online international police check.

  4. Submit the application. Worker Checks International Police Checks are completed 100% online and paid using a credit card.

  5. Wait for the results: The processing time for overseas police checks can vary, but it generally takes between 10 to 12 working days.

  6. Receive the results: Once the check is complete, you will receive an SMS and an email – your International Police check will then  be available in your personal portal for printing or  e-sharing.

It’s important to note that not all countries accept overseas police checks, so it’s a good idea to check with the relevant authorities in the country you need the check for to ensure it will be accepted. For example South Korea will not provide checks using external providers and you must apply through an embassy.

Note – not suitable for visa and immigration purposes

  • Worker Checks international police checks are suitable for background screening, for example employment and rental checks, not for visa and immigration purposes. Some organisations have specific requirements for international police check certificates, so we recommend checking these requirements before you proceed.

 

 

 

Uncategorized

Can I do a police check on another person?

Posted on by workerchecks
can I do a police check on another person?

Can I do a police check on another person?

No, as an individual, you cannot conduct a police check on another person.

Police checks, also known as background checks or Nationally Coordinated Criminal History Checks in Australia, are  conducted by authorised agencies such as employers, government organisations, and law enforcement agencies for specific purposes, such as for employment, security clearance, or visa applications.

An individual can obtain a police check for themselves through an accredited agency, such Worker Checks .

Who can request a Nationally Coordinated Criminal History Check?

There are a few different agencies, employers and organisations which will request that you provide a national criminal history check before you commence working or providing services to them. It is becoming standard practice for employers to request a copy of an applicant’s national criminal history check as part of their pre-employment protocols.

This ensures that businesses can adequately and safely manage risk across all types of industries and locations. It has also become standard practice for anybody advertising their services as a pet sitter or house sitter to provide a national criminal history check.

Worker Checks is available 24/7 – this means that you can apply for a Nationally Coordinated Criminal History Check in your own time, without the need for lengthy delays and queues at your post office. Worker Checks 100%  online process will verify your identity online as a component of your online police check application.

A National Police Check can only be lodged for one purpose. These are one of:

  • Employment
  • Probity
  • Licencing
  • Commonwealth

If you’re not sure what check type you need to obtain, ensure that you contact the requesting organisation and ask for clarification before you begin the application process. We can help you obtain your national criminal history check fast and reliably online. 

 

Uncategorized

How do I get a police check solution for my business?

Posted on by workerchecks
Business Solution for Police Checks

To obtain a police check solution for your business, you will need to follow these steps:

  1. Choose a provider: There are several authorised providers of police check solutions in Australia, including Worker Checks – an accredited third-party provider.

  2. Contact the provider: Contact the provider and discuss your business needs, including the number of checks you require and the frequency of checks needed.

  3. Set up an account: Most providers will require you to set up an account in order to manage your police check orders and requests.

  4. Provide employee information: Provide the required personal information and identification for each employee who requires a police check.

  5. Pay the fee: The cost of a police check varies depending on the provider, but most charge a fee which can be paid online or through a business account.

  6. Wait for the checks to be processed: The processing time for a police check varies, but it is usually completed within a few business days.

  7. Receive the certificates: Once the checks are complete, you will receive police

Worker Checks provides a free full business solution to manage all your worker checks:

  • Management suite for alerts and non-compliance of worker’s checks:
  • Employer or Worker Pay options
  • Pay by CC or monthly invoicing
  • Invite your workers to conduct checks from your management portal
  • Portal view of all your worker’s status
  • Your branding on electronic correspondence

      Available for any organisation

More information on Worker Checks Business solutions here >

Police Check Education

How do I get a Police Check in Australia?

Posted on by workerchecks
How do I get a police check in Australia

To get a police check in Australia, you can follow these steps:

  1. Choose a provider: To get a police check in Australia – there are several authorised providers of police checks in Australia, including the Australian Federal Police (AFP) and accredited third-party organisations, such as Worker Checks.

  2. Apply online: Most providers offer the option of applying for a police check online, which is usually the quickest and most convenient method. Worker Checks provide a 100% online application process, including online verification of identity.

  3. Provide personal information and identification: You will need to provide personal information, such as your full name, date of birth, and current address, as well as appropriate identification, such as a passport or driver’s license. The identity documents you will require differ by check type and you can read more about identity proof here.

  4. Pay the fee: The cost of a police check varies depending on the provider, but most charge a fee which can be paid online. Workerchecks provide Nationally Coordinated Criminal History Checks for $40

  5. Wait for the check to be processed: The processing time for a police check in Australia varies, but it is usually completed within a few business days. 8-% of Workerchecks Nationally Coordinated Criminal History Checks are returned within 60 minutes.

  6. Receive the certificate: Once the check is complete, you will receive a police check certificate, available in your Workerchecks portal for printing or e-sharing.

It’s important to note that police checks in Australia are only valid for a specified period of time, after which a new check must be obtained. Commonwealth Privacy guidelines mean that personal information contained in Police Checks must be disposed of after 12 months.

 

Product Features

Worker Checks private blockchain protects police check data

Posted on by workerchecks
Worker Checks blockchain police check

Worker Checks private blockchain protecting your Police Check personal data

The foremost challenge in our increasingly online world is trust. Protection of sensitive personal information, in this case – protecting your police check data. In the contemporary environment, this can be extremely difficult and with considerable challenges.

We have written this short article to answer the common question on why we use private blockchain technology in our business. Our partners want zero compromise on factors such as authenticity, data validity and above all protection of personal information.

Private Blockchain technology is essential for addressing these factors – the most notable being the highest level of protection of sensitive personal information.

Private Blockchains offers supreme levels of privacy and is essential for Worker Checks to handle private and sensitive information. Unlike public blockchains, they are not accessible to everyone.

Protection of Sensitive Police Check Personal Information

Protecting your police check data, such as your photo, address, criminal record check is securely and stored on our private blockchain. This information is protected by a secure login accessible to only you.

Worker Check’s blockchain has no single database, so in the unlikely event a hacker gains access to one node, they cannot gain access to the other nodes to make sense of the stored data.

Your data is distributed across a network of computers, which means it is extremely unlikely to be hacked. The additional cryptography associated with our blockchain technology is best practice for information security.

Why we use a Private Blockchain for your Police Check?

After the emergence of blockchain technology, there have been many questions asked as to what the technology really offers. Is a private blockchain different to a database?

Data Handling – data entered can’t be altered

Data handling is by far one of the top differences between Private Blockchain Vs Database. In a private blockchain, users are only allowed to read and write and nothing else. So, once data is entered into the ledger, it cannot be altered in any way.

This is known as immutability, and is the essential feature of any blockchain technology.

In an orthodox database, users can write, read, delete, or update an entry after the initial data entry event. It follows CRUD protocol (create, read, update, delete). So, data can be manipulated, altered, or deleted if you have access to the database.

So, in instances where data integrity is paramount – the private blockchain is immensely superior to an orthodox database.

police check blockchain

Graphic courtesy of blockchains101.com

Importance of Data Protection in Police Checks

By using our own proprietary private blockchain – the only people with access to your data are you and Worker Checks. We do not utilise a public blockchain and as such no 3rd party has access to our system and your personal data.

Police Checks are essential in our society. Police check applications involve a lot of personal and sensitive data.

Private Blockchain is the best technology for Police Check Systems as it provides a high degree of security for sensitive personal information. Worker Checks’ Police Check System verifies the identity, and extracts personal information from the valid government systems before returning your police check result. This information is then stored on our blockchain.

Conclusion

In the above article, we have talked about important aspects of protecting sensitive personal information. We have also discussed why we use private blockchain technology for our business. From these discussions, it can be concluded that blockchain technology is the best solution for securing sensitive personal information.

 

Police Check Education

What Is An ACIC Accredited Body?

Posted on by workerchecks
ACIC Accredited Provider

When researching for information about police checks or applying for a police check online, you might find that the term ACIC (Australian Criminal Intelligence Commission) accredited body comes up frequently on the different websites of National Criminal History Check  providers. To ensure you have a good understanding of what a police check is and what the process entails, it’s important to be aware of what an accredited body is.

When applying for a Police Check, you should use an ACIC accredited provider to ensure the process is done properly. An accredited body will submit a police check on your behalf in order to perform a criminal record check. The results of this will appear on a National Police Clearance. Here is all you need to know about ACIC accredited bodies.

What Is An ACIC Accredited Body?

An ACIC accredited body is an organisation, business or company in Australia that has received acceptance and approval from ACIC to give access to the National Police Checking Service. Access to this service allows the accredited body to request a National Police Check on behalf of individuals who require one.

Accredited bodies are granted a level of authority and trust to use the National Police Checking Service Support System (NSS) and retrieve the applicant’s police history results.

The accredited body is entrusted with confidential information and is responsible for securing the safety of that information.

Who is ACIC?

ACIC stands for the Australian Criminal Intelligence Commission. The Australian Criminal Intelligence Commission is the national agency for criminal intelligence in Australia. ACIC works closely with Australian government and law enforcement agencies to fight crime by sharing information between police forces through its services.

According to the ACIC website, its motto is to create ‘An Australia hostile to criminal exploitation’.

What Does ACIC Do?

The Australian Criminal Intelligence Commission reacts to crime on a national scale in Australia. Through the National Police Checking Service, criminal information can be shared across all states and territories in Australia through law enforcement agencies and police databases. This helps the nation to keep track of criminal activity, conduct Australian National Criminal History checks, and to tackle crime of the highest level. ACIC aims to keep the nation and the community safe.

What Does An Accredited Body Do?

An accredited body will serve as a provider of Australian Police Checks for individuals who require a check as part of employment screening, registering, licencing and legal purposes. It will submit applications on behalf of the applicant and deliver the results back to them, following national police clearance.

What Is The National Police Checking Service?

The National Police Checking Service (NPCS) is the system which holds the information of police history records. All accredited bodies have equal access to the service, and use it to search and match applicant’s to Persons of Interest.

What Is A Nationally Coordinated Criminal History Check?

A Nationally Coordinated Criminal History Check is also known as a National Police Clearance. It is delivered as a National Police Certificate which shows the results of a person’s criminal record check taken from the police information gathered in all states and territories. It is mainly used for identity verification purposes and most commonly for pre-employment screening with companies.

Who Can Become An Accredited Body?

There are currently over 180 ACIC accredited bodies in Australia. If successful, the ACIC website states that the following types of organisations can become an accredited body:

  • Federal, state and local Australian government agencies
  • Businesses in the private sector
  • Not-for-profit organisations
  • Screening services for child and vulnerable person-related employment

Who Do Accredited Bodies Work For?

Any accredited body will have the potential to submit police clearance requests for many people and for many purposes. When applying for accreditation, there are different categories available to choose from for who you want to submit police checks for. These are as follows:

  • Members of the general public
  • Other organisations
  • Existing employees or potential new employees
  • Individuals for licencing and registration reasons

What Is The Agreement?

Every organisation which becomes ACIC accredited must confirm that they have read and understood the conditions of the Agreement, a legally binding contract called the Agreement for controlled access by duly Accredited Bodies to Nationally Coordinated Criminal History Checks. The Agreement lasts for 5 years unless it is terminated early, for instance, if the organisation has not met its obligations.

The company must comply with several legalities including the Australian Crime Commission Act 2002 (Cth), the Privacy Act 1988 (Cth), Australian Privacy Principles and Spent Conviction schemes. The Agreement must be read, understood and signed before access is granted to the organisation, allowing it to use the service.

Please note, your organisation will be assessed throughout the term of the contract to ensure all obligations are being met. Failure to do so may result in your organisation losing its accreditation and thereby losing access to the service.

Full details of the Agreement can be found on the website of the Australian Criminal Intelligence Commission.

What Is The Accreditation Process?

7 steps are listed as part of the accreditation process with the Australian Criminal Intelligence Commission.

  1. The organisation must complete the online questionnaire provided by ACIC. This step will determine eligibility and allow you to progress to the next step if you are successful.
  2. The organisation must then complete and submit the application form
  3. Following receipt of the application form, ACIC will determine if you are a suitable organisation to register as an accredited body
  4. You will receive in writing whether your application has been approved or denied
  5. The agreement is signed and finalised
  6. Training is supplied for using the service
  7. In the final step, your organisation will be ready to begin submitting police checks and actively work as an accredited body

How Does An NPC Provider Get Certified?

An organisation which can provide a National Police Check will need to meet a number of requirements set out by the Australian Criminal Intelligence Commission to become ACIC certified. The organisation must have provided the minimum volume of police checks, which is 500 police checks over 5 years, to be given the opportunity to become ACIC accredited. There are several other steps to be taken to meet the standards required, including being able to demonstrate the benefit that the organisation brings to public safety.

After meeting the initial criteria, the organisation must then follow the official process to become an accredited body.

What Legislation Applies?

All accredited bodies who have access to the National Police Checking Service are granted a level of trust. You and your organisation will be responsible for safely storing the personal information of individuals who have applied for a National Police Check. There are laws in place to ensure the protection of information gathered and held by the accredited body. The information gathered from a criminal record check is in compliance with relevant Australian state and territory legislation, as well as Commonwealth laws. Accredited bodies must also respect privacy laws as outlined in the Privacy Act 1988.

How Does An Accredited Body Demonstrate Compliance?

An accredited body can demonstrate its compliance by strictly following the rules and guidelines provided by ACIC. A program is in place to review the organisation throughout the length of the contract. This includes reviewing data quality, investigations into accusations of the company not complying, periodic reviews and ongoing assessments.

By monitoring the companies compliance to the Agreement, professional standards are kept and the correct laws are followed to ensure the protection of individuals using the NPC provider.

What Are The Expectations of An ACIC Accredited Body?

Once qualified as an accredited body with ACIC, the organisation enters into a legal contract. The organisation must administer certain protocols and increase security standards to be able to participate in the scheme and to access the National Police Checking Service.

Full compliance is expected throughout the contract and this will be assessed regularly. In some cases, access to the system will be terminated before the contract ends.

ACIC lays out 9 steps to reach full access to the service.

  1. Collect police check application
  2. Collect informed consent from the applicant
  3. Verify the identity of the applicant
  4. Lodge the application and monitor it
  5. Receive check result
  6. Provision of check result
  7. Take care of any queries or disputes about check results
  8. Retain information
  9. Dispose of information

What Is Informed Consent?

Every Police Check (NPC) application requires consent from the individual applying for the check. Without the applicant’s consent, the check cannot be processed. It is the responsibility of the NPC provider to obtain consent, and the responsibility of the applicant to fully understand what they are consenting to.

Every applicant must read all information provided and understand how their personal and police information will be handled when applying for an online police check. They must then give consent to the NPC provider to submit the check on their behalf.

How Long Does It Take To Process A Police Check?

The National Police Checking Service is handled by the Australian Criminal Intelligence Commission, accredited bodies and police agencies. The service will always aim to complete a National Police Check as soon as possible and have results turned over fast.

Roughly 70% are completed within 1 hour if no match is found and the applicant has No Disclosable Court Outcomes, while 30% are subject to further review and may take up to 15 business days to retrieve results.

Please read this linked article with information on why police checks may be delayed.

The accredited body you use is not responsible for the time taken to process the application. Once they have submitted your check, the process time is out of their hands.

How Do I Know If A Provider Is ACIC Accredited?

All ACIC accredited bodies are listed on the ACIC website, including Worker Checks Pty Ltd. Organisations will state on their own websites whether they are ACIC accredited.

If you want to know more about the credentials of Worker Checks Pty Ltd, contact us.

Police Check Education

Worker Checks – Overview

Posted on by workerchecks

Worker Checks is a leading Accredited Police Check Provider, based in Melbourne, Australia.

Worker Checks offer Australian, International Police Checks and VEVO right to work checks on a simple, safe, blockchain secure platform.

All applications are completed 100% online and can be completed on your computer or mobile device.

Individuals can store and share your checks from your blockchain secure personal portal.

Check results can be forwarded electronically to your employer, or can be printed from your personal portal.

 

Free Full business solution to manage all your worker check requirements from a leading police check provider.

 

Management suite for alerts and non-compliance of worker’s checks:

  • Employer or Worker Pay options
  • Invite your workers to conduct checks from your management portal
  • Portal view of all your worker’s status
  • Your branding on electronic correspondence

Available for organisations of any size.

Worker Checks is a fully accredited police check provider with the Australian Criminal Intelligence Commission and licensed to conduct criminal history checks.

Please visit us at workerchecks.com for more information.

Your first choice for Police Checks in Australia.

 

Please click on a product for more information or to apply

Police Check Education

What are Disclosable Court Outcomes on a police check?

Posted on by workerchecks
Armidale Court House NSW

 

What are Disclosable Court Outcomes on a police check?

There are lots of reasons and purposes for which an organisation may request your Police Check. However, depending on the discretion of the organisation/agency, they mostly assess your suitability for what you apply for based on the details of your Disclosable Court Outcomes (DCOs) and the relationship of the DCO to the work tasks (if any).

What are Disclosable Court Outcomes?

When you apply for a Police Check, there are two possible results for your certificate to return as;

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

When your Australian National Police Check of AFP Check returns with Disclosable Court Outcome (DCOs); it means the details of the convictions are considered releasable by the State legislation.

If you have any conviction, pending charge or criminal offence convicted by a legal court, they all appear in your check. The (DCO) is the documented history of an individual’s national criminal history.

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 national 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:

What is a Police Check used for?

A national 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 national criminal history check;

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 Australian National Police 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 our online portal is fast, efficient, and convenient with your schedule.

Police Check Education

Do Dropped or Dismissed Charges Show up on a Police Check?

Posted on by workerchecks
dismissed charges police check

Do Dropped or Dismissed Charges Show up on a Police Check?

Do dropped or dismissed police charges show up on a Police Check?  This is a very common question that gets asked at Worker Checks.

Having a conviction or other disclosable court outcome on your Police Check is a situation that can cause some difficulty with employers or other businesses that require your National Police Check. A conviction in your criminal history may set you back in aspects including;

  • Seeking employment
  • Getting a volunteer role
  • Getting a license, accreditation or other purposes.

If a court does not record a conviction or the charges against a person are dropped or dismissed, no conviction or disclosable court outcome will show up on a police check result.

What are Dropped or Dismissed Charges?

The Court will drop any charges against you if any of the following occurs during the hearing;

  • The victim refuses to cooperate

Where the alleged victim attempts an unfounded or unserious action toward an allegedly innocent perpetrator. Examples may include;

–  Failing to appear in court,
– Flouting all court deadlines and orders
– Refusing to provide a witness or evidence in court

 

  • There is insufficient evidence

Every charge the victim/prosecutor brings must be backed by evidence. All this evidence must be tendered in court to back up the charge.

However, if the victim or prosecution team cannot provide evidence to back up their claims, the court will dismiss the charge. The court usually considers such issues as “waste of court resources”.

 

  • New information resurfaces that places doubt over previous evidence

If additional, or more credible evidence is provided to the court that refutes, or places doubt on previously evidence, the court will likely dismiss all previous charges and pronouncements.

  • The prosecutor/victim drops the charge

The prosecutor agrees to an out of court settlement; before the trial, or drops all charges during the trial. Once the prosecutor announces their position to the judge, the court will dismiss the case. When the court drops your charges, they will acquit you and all other defendants and close the case.

Therefore, Dropped or Dismissed charges do not show up on a police check in Australia as there is no conviction recorded by the court, and hence there is no disclosable court outcome.

What offences show up in a Police Check

A police check discloses a person’s criminal history as relating to the purpose stated in the application.

If you apply for a Police Check, here are some of the offences you may find;

  • Convictions/Charges against corporate organizations
  • Sexually related offences
  • Traffic charges for which an individual is convicted in a court
  • All Sentences and Convictions
  • Pending court charges and offences
  • Other offences not under the Spent Convictions Scheme

What are Non-Conviction Offences?

Aside from Dropped or Dismissed charges, there are other ways a person can avoid a conviction in their criminal record. If the offender agrees to certain pre-stipulated agreements/orders, the court will grant them non-conviction sentencing.

Non-conviction sentencing means the candidate does not have a conviction record. However, it can be disclosed in their Police Check depending on the purpose of the check and the agreements

Under the Crimes (Sentencing Procedure) Act 1999 (NSW), the court can use its discretion to order any of this non-conviction sentencing;

  1. Section 10 (1) (a)

The court will give such orders where there is a finding of guilt but dismisses it without recording a conviction against the offender.

  1. Section 10 (1) (b);

The court will issue non-conviction sentencing of this kind where there is a finding of guilt and decides to release the offender on a Conditional Release Order (CRO). However, the (CRO) must fall under section 9 (2) of the Crimes (Sentencing Procedure) Act 1999.

  1. Section 10 (1)(c)

The court will discharge an offender without recording a conviction if they enter into special agreements. It will include the offender being part of intervention programs and other special conditions stipulated in court.

Spent Convictions: Depending on the State’s legislation or the Spent Convictions Scheme, some offences are not included in your Disclosable Court Outcomes.

Spent convictions are expunged from an individual’s updated Police Check. However, several conditions make an offence eligible for the spent conviction scheme. Some of these conditions are;

  • Ten (10) consecutive years of waiting period elapses since the person was convicted of the offence (in an adult court).
  • Five (5) consecutive (3 for Juveniles in NSW) years of the waiting period elapses since the person was convicted of the offence (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; the individual meets special conditions (community works, therapy, self-quarantine, and co.)

What is the impact of non-conviction sentencing?

Most non-conviction sentencing will not show in your criminal records after you meet the agreement or conditions of the orders. And in most cases, you do not have to disclose the details of this record to an employer or any other person.

If your charge is dismissed under Section 10 (1)(b), the records will remain in your criminal history for the duration of the order. If your conditional release order was for 10 months, the offence remains in your national criminal record for that period.

Can I apply to have my offences withdrawn?

An accused person can apply to have these charges withdrawn before the Magistrate hears the matter. Some examples where the person can apply for a withdrawal includes;

  • In cases where the Police acted inappropriately,
  • The evidence used was illegally obtained
  • Where the case is a trivial one per State/Territory laws

If the court approves of your application, all charges against you will be dropped/withdrawn. And you will not face further charges for that offence nor have it in your criminal records.

Such applications can be submitted to the Director of Public Prosecutions (DPP).

Offences that do not show in your Police Check

If an offence or conviction does not show on your Australian criminal history check, you have the right of no disclosure.

Also, such convictions cannot be used to assess you in cases where your Police Check certificate is required.

If you are charged for an offence; discuss with your lawyers if the prosecution or victim will agree to drop the charge on special arrangements. However, if this is not possible, you can inquire about a diversion program or other intervention programs.

 

Police Check Education

Do Pending Charges Show up on a Police Check?

Posted on by workerchecks
Do Pending Charges Show up on a Police Check?

 

Do Pending Charges Show up on a Police Check?

Do pending charges show up on a Police Check?  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 Police 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 Checks 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