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Police Check Education

Disclosable Court Outcomes on a police check?

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Disclosable court outcomes

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 Nationally Coordinated 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 National Police 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 National Police 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 Nationally Coordinated 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.

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;

Can a Police Check expire?

A Police Check is a point in time check and remains valid from the point of issue.

However it will not be available for viewing printing or e-sharing on your Worker Checks Portal 3 months after it is issued

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.

Worker Checks Help Hub contains more information about police check expiry.

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 Nationally Coordinated Criminal History Check and inform your company.

Who can apply for a Police Check?

Anyone can apply for a Nationally Coordinated Criminal History Check. 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 as it is 100% online  – you can do it a your convenience!

Can I choose not share my Police Check if t contains a Disclosable Court Outcome?

When your result contains a disclosable Court Outcome:

Worker Checks will not share or disclose any Nationally Coordinated Criminal History Check where the result contains a disclosable court come without your consent.

Consent to release process – where are check contains a Disclosable Court Outcome

  1. To the applicant (you) – Text message and email when your result is available for viewing and download in your personal portal.
  2. The Email will provide:
    1. Instructions for your consent to the release of your check to the third party you approve(d) (e.g.an employer)
    2. Instructions for you to choose not to release your check result
  • Instructions for you to raise a dispute if you feel the check results are in error or contain inaccuracies.
  1. Where your check was commissioned by a third party (e.g. a prospective employer) and you agreed to conducting a check by completing the application process – you will have 7 days to approve or nor approve the release of your result. If after 7 days you have provide no response in accordance with sub paragraphs 4.b.i-iii above, your result containing the DCO will be released to  the third party you agreed to conduct your check for.
Police Check Education

Pending charges on Police Check – Do they appear?

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

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
Police Check Education

Can I get an Australian Police Check from overseas?

Posted on by workerchecks
International Police Check

Australian Police Check from overseas? Yes, with Worker Checks


A  Nationally Coordinated Criminal History Check is a document containing the details of a person’s disclosable court outcomes and any pending charges. A police check is most commonly used for pre-employment screening to ensure that the individual does not pose any risk.

I Am Overseas, Can I Get a Police Check?

If you are living overseas, you can still acquire an Nationally Coordinated Criminal History Check or an AFP check. The application process remains the same as if you were applying for a police check while currently living in Australia. You must provide your overseas address, as well as all previous addresses you have resided in over the last five years.

Can I Get a Police Check If I Intend To Live Overseas?

If you intend to move overseas, you can still acquire a police check. The requirements and process are the same as if you were applying for a police check while currently living in Australia.

I Am Overseas, How Do I Get a Police Check?

If you are living overseas, you can get an Australian police check by applying for a police check online and following the same application process as if you were still living in Australia.

What If I Have Lived In Australia For Less Than 5 Years?

As part of the application process, you must provide your residential address history for the last 5 years. This includes your current address and any prior addresses overseas.

You will find a drop down box titled ‘Country’ where you can add international addresses when providing previous addresses, to ensure the relevant country is added.

How Do I Apply for a Police Check?

Applying for a Nationally Coordinated Criminal History Check or an AFP check is a relatively straightforward process. Anybody can apply for one, whatever the purpose.

Worker Check’s Australia’s application process is easy to follow. If you have all of the required documents and information needed, you could complete the process in as little as five minutes.

You will first need to provide basic information such as your name and contact information, and your reason for requesting a police check. You will then need to provide a payment method to pay the fees. Please note that fees can vary depending on the provider you go through.

You will then need to provide personal information. This includes your date and place of birth, your gender and residential address history. You will need to upload your identity documents as specified, including a selfie of yourself holding a form of ID which has your photo on it. This will confirm that you are who you say you are.

Lastly, you will need to give your consent to your information being shared with the National Police Checking Service for further checks. Once completed and a successful criminal background check has been carried out, you will receive your National Police Check in the form of a certificate, available in your secure online portal for printing or sharing electronically.

How Do I Apply Online for a National Police Check?

The process for applying for a police check online is straightforward if you have all of the documentation to hand. You will first need to fill in the online form following the instructions carefully. You will then be asked to provide additional information and upload the required identity documents. There is a fee which must be paid in order to continue with your application. This can be paid using your credit or debit card. You’ll then need to give your consent and submit the form.

Here is a step by step guide of what will be required when you apply for a police check online:

  • Provide your name, surname and contact details including phone number and email address
  • Provide the reason as to why you need a police check, and the type of police check you require (voluntary or employment)
  • Pay the fees using your credit or debit card
  • Provide any additional information as required
  • Online verification of your ID documents
  • Upload a selfie of yourself holding one of your ID documents
  • Provide your consent and submit the online form

 

What Details Must I Provide?

When applying for a police check, whether overseas or in Australia, you must provide details of your personal information. The details must be accurate to ensure the process runs as smoothly as possible. You will need to provide your contact number and email address so that you can be contacted if there is a problem with your application.

To acquire an Australian police check, you must submit the following:

  • All legal names including any previous names
  • Place and date of birth
  • Gender information
  • Residential address history for the last 5 years

What ID documents are required for Police Checks?

To obtain a National Police Check, you will need to provide several documents. It’s a good idea to have these ready and with you before you begin your application. That way you won’t be interrupted by having to search for documents. It will also give you the chance to check all expiry dates and ensure that all documents are valid.

The requirements for a police check are set out by the Australian Criminal Intelligence Commission (ACIC) and there are 4 identity documents which every applicant must provide:

  • One commencement document
  • One primary document
  • Two secondary documents

Commencement documents

  • Australian Birth Certificate
  • Australian passport
  • Australian Visa (current at time of entry)
  • ImmiCard issued by the Department of Home Affairs
  • Certificate of Identity issued by the Department of Foreign Affairs and Trade (DFAT)
  • Document of Identity issued by DFAT
  • Certificate of Evidence of Resident Status
  • Australian Citizenship Certificate

Primary documents

  • Australian Drivers Licence, learners permit or provisional licence
  • Australian Marriage Certificate
  • Passport issued by a country other than Australia with an entry stamp or visa
  • Proof of Age of Photo Identity Card
  • Shooters or Firearms Licence
  • Student Identification Card

Secondary documents

  • Certificate of Identity issued by DFAT
  • Document of Identity issued by DFAT
  • Convention Travel Document Secondary (United Nations) issued by DFAT
  • Foreign Government Issued Documents
  • Medicare Card
  • Enrolment with the Australian Electoral Commission
  • Security Guard or Crowd Control Photo Licence
  • Evidence of Right to an Australian Government Benefit
  • Consular Photo Identity Card issued by DFAT
  • Photo Identity card issued by the Australian Defence Force
  • Photo Identity card issued by the Australian Government or a state/territory government
  • Aviation Security Identification Card (ASIC)
  • Maritime Security Identification Card(MSIC)
  • Credit Reference Check
  • Australian Tertiary Student Photo Identity Document
  • Australian Secondary Student Photo Identity Document
  • Certified Academic Transcript from an Australian university
  • Trusted Referees Report
  • State/territory government rates assessment notice or Australian Taxation Office assessment notice
  • Australian Utility Bill with your name and address
  • Australian Private Health Insurance Card
  • Australian Trade Association Card

For more information on Proof of Identity and the required documents – please click here

What Is The Selfie?

When applying for a police check online, you will be asked to upload a selfie. The requirement for the selfie is to show yourself holding one form of photo ID. Your selfie will be cross checked with your photo in the identity document using an automated system. The system is able to confirm a match, and pick up on changes, if any, which have been made to the ID.

The selfie is an important part of the application process as it verifies your identity. If you were applying in person for your police check, the documents would simply be compared to your physical appearance. The automated system allows us to do this digitally.

The ID documents and selfie can be uploaded using the intuitive web interface, or uploaded straight from your smartphone.

What If I Don’t Have All Of The Documents?

The National Police Check is a legal process which must be applied for correctly. It’s a good idea to read all of the information before applying for your police check. If you are missing any documents, have expired documents or you don’t have all of the documents, you will need to obtain them before applying for your police check.

Obtaining documents will delay your application, but these are the official requirements as set out by the Australian Criminal Intelligence Commission (ACIC).

What If My Documents Are In Different Names?

To obtain a police check, every applicant must provide 4 identity documents which are in their primary name. If you have had your name changed, whether for marital or legal purposes, you must provide the legal documents which confirm that the different names belong to you. This will verify your identity by proving that you are who you say you are, and prevent identity fraud.

What If My Documents Are Expired?

Expired documents will not be accepted for your National Police Check. All documents must be valid and in date at the time of submission.

Submitting an expired document will delay the process of your application, so make sure you check all expiry dates.

The only exception for an expired document is passports where the expiry date is less than 2 years ago.

How Will I Receive My Police Check if I Am Overseas?

You will receive your National Police Check in the form of a certificate, available in your secure online portal for printing or sharing electronically.

70% of checks are successful and returned within 1 hour while 30% of checks face delays. Delays can take from 2 to 15 business days, and even longer in rare cases.

 

Police Check Education

Why Police Checks Are A Must For Companies In 2024?

Posted on by workerchecks
police check business solution

Why police checks for screening new starters are a must in 2024?

It’s very common practice for employers to require a Nationally Coordinated Criminal History Check from potential new employees. Many recruiters use a police check to regulate the screening process of individuals before they begin working with the company. It serves as a means of security for protecting the business, existing employees, vulnerable people and the applicant themselves.

Australian police checks are a must for companies in 2024. Here is everything you need to know about police checks, whether you’re an employer or an employee.

Why Police Checks Are a Must For Companies In 2024?

There are many reasons as to why companies require a police check to be performed on an individual applying for a certain role. The information held within a National Police Clearance can be highly relevant to the job in question. The document will show whether the applicant has any previous convictions or pending charges, as the results of a criminal record check.

Companies need to know who they are employing, mainly for reasons of safety. A police check helps to safeguard the business and its assets, build a strong reputation, and promote good staff conduct.

What Is The Purpose Of a Police Check?

A Nationally Coordinated Criminal History Check is a document containing the police history of an individual in Australia. It is a government regulated service used for employee screening, licencing or registration purposes, and some voluntary work. A police check may also be required for visa and citizenship purposes.

A criminal record check is performed on the individual with their consent, using the database of police agencies across the whole of Australia. This will reveal any disclosable court outcomes and any charges pending.

What Will a Police Check Reveal?

A Nationally Coordinated Criminal History Check in Australia will reveal any disclosable court outcomes (DCO) if there is any in the police history information of the individual. Some prior convictions may not be disclosed, for instance if they are juvenile or spent convictions. If there is no police information held on the individual, the document will state that there are no disclosable court outcomes (NDCO).

Police History Information (PHI) can include the following:

  • Charges
  • Pending charges (not In VIC)
  • Appearances in court
  • Court convictions
  • Court orders
  • Penalties
  • Findings of guilt without conviction

How Is a Police Check Performed?

After an applicant submits personal information and identity documents in the online application, a police check is performed by screening the databases of police agencies in all states and territories of Australia.

The screening searches for matches with Persons of Interest (POI) and any information held on an individual using their personal details. The results will then be released on a document called a National Criminal History Check. Employers and organisations can then request the document as part of the on-boarding process.

Why Do Employers Ask For a Police Check?

There are many employers and companies who will ask for police clearance from a person applying for a job. It is beneficial to the company for many reasons, and is required by law for individuals seeking to work with vulnerable people including children, the elderly and people living with a disability.

Police checks are a vital tool to determine the eligibility of a new employee, and to rule out past offenders of certain crimes to prevent harm or threat to vulnerable persons.

Who Needs a Police Check?

As part of company policy, every employee may be required to provide a police check certificate if the role involves working with children or any other vulnerable person.

Whether a person needs a Nationally Coordinated Criminal History Check depends upon the job criteria, and the level of risk involved in the role.

As a company, it is important to understand the importance of employee screening, and to determine whether a background check is necessary for the job in question.

What Are The Benefits Of a Police Check For a Company?

There are several benefits for requesting a Nationally Coordinated Criminal History Check from employees as part of company regulations. Some of the major benefits include the following:

  • Business protection
  • Protecting company assets
  • Protecting company reputation
  • Building trust
  • Staff conduct

Business Protection

A major benefit of issuing police checks to employees, both existing and new, is for business protection. Having confirmation that each employee does not have a criminal history which is directly related to their position within the company will help to safeguard the business. A police check ultimately acts as a precaution to minimise the chance of crime within the workplace.

Individuals with a police record could potentially have a direct impact on the company, as well as other employees. Prior crimes which include the following may pose a heightened threat:

  • Theft
  • Robbery
  • Fraud
  • Bribery
  • Cybercrime

Protecting Assets

Screening individuals for prior economic crimes will help to minimise the threat toward company data and confidential information. It is important for a company to be aware of any individual with a record for cybercrime, fraud and theft.

Protecting Reputation

Making police checks as part of the recruitment process mandatory shows due diligence. It shows that a company cares and values the safety and protection of its staff, clients and customers, and that it takes its recruitment process seriously.

Building Trust

Whatever the type of company, it is important to build trust with employees, clients and consumers. By carrying out a police check on employees, current employees can rest assured that they are going to be working alongside somebody who does not have a criminal record. Clients and consumers can put their trust in the company if they are assured that the likelihood of criminal activity is low, as everybody working there has been screened.

This is particularly important within care settings. People who leave their children and/or family members in the care of others want to be assured that the staff involved are screened correctly and have no prior convictions which could potentially put their loved ones in danger.

Promoting Good Staff Conduct

By making a National Police Check mandatory as part of the job application process, companies promote a safe and professional working environment. It can help to deter employees from criminal behaviour and prevent misconduct within the workplace, as well as keeping up employee morale.

The team will know that their welfare has been considered, and that the correct precautions have been taken to ensure the safety of all.

What About Existing Employees?

In most cases, an Nationally Coordinated Criminal History Check will be issued as part of the screening process for new employees, in the early stages before they begin working at the company. However, they can be required for existing employees.

If a current employee is changing roles within the company, they may require another police check. This ensures that the level of risk within the new role has been considered and assessed. For instance, a police check conducted for a role within information technology will not have the same relevancy as a new role working directly with vulnerable groups.

Different roles pose different levels of risk, even within the same company. An updated police check should always be considered for cases where an existing employee changes roles.

The company should also take into account that a National Police Check in Australia is a ‘point in time’ check. While a check does not expire, the results of a police check are valid at the time it is issued. The organisation should determine how long they feel an NPC remains valid for.

What Rights Does The Company Have?

In certain jobs, a National Police Check is a mandatory requirement. In these cases, the company is obligated to ask the applicant for consent to a criminal record check.

To avoid accusations of discrimination, the company should disclose during the recruitment process that a police check is required. Requesting the information in the early stages avoids any surprises further down the line. Many individuals who hold a police record may feel discriminated against or that they will be judged by their prior convictions, so it is important to make the process as open as possible.

Whether or not a criminal record check is required for the job should be considered carefully before asking applicants to disclose this information.

Further information can be found on the website of the Australian Human Rights Commission.

What Rights Does The Employee Have?

An individual’s police history for employment purposes can only be released with their consent. Except for police investigations, no other person is permitted to check another person’s police record without first receiving consent to do so.

If an applicant is asked during the interview process about their criminal record, the applicant is not obliged to volunteer any information. The applicant is free to volunteer the information themselves if they choose to do so. However, in the circumstance that there is a legal requirement, the applicant will be required to disclose the information.

In industries where the new employee will be working with children, the elderly or people with a disability, a criminal record check is vital.

How Can Companies Make The Process Straightforward?

If you’re a company and you are seeking to add national police checks as part of your recruitment process, it’s important that you make sure you use a certified provider. You want the process to be as straightforward and as timely as possible.

A provider must be accredited by the Australian Criminal Intelligence Commission (ACIC). Worker Checks is an accredited provider of Nationally Coordinated Criminal History Check.

How Long Does The Process Take?

If you’re considering making police checks a part of your employee screening process, you might be wondering how much time this will take. The majority of police checks in Australia are submitted and completed within 1 hour. This applies to 70% of all police checks. The remaining 30% will be subject to delays for further review. This can be from 2 to 15 business days.

To help the process along, applicants should ensure they have all required documents and personal information entered correctly in the application for a police check online. We recommend that the company make the applicant aware as soon as possible that a police check is required from them for the job. Often, the police check requirement is listed within the job description.

When Should a Company Request a Police Check?

After careful consideration, a company should confirm whether police clearance is necessary for the job. If determined that a police record is required, the company should clearly state this at the beginning of the recruitment process, for instance in the job advertisement. This allows the potential new employee to prepare, and decide if they are still happy to apply for the job.

To prevent any claims of employee discrimination, it’s a good idea to state within the job advertisement that holding a criminal record does not immediately exclude the individual from applying, unless required by law. It may also be helpful to include some information as to why a police clearance is relevant to the position.

As an organisation, it is best to be upfront and honest about the screening process from the beginning to avoid any issues going forward.

For more information, visit the Australian Human Rights Commission website or contact Worker Checks with any queries you have.

Police Check 101 - click for Overview

Police Check Education

What Is An ACIC Accredited Provider?

Posted on by adamworkercheckscom
ACIC Accredited Provider

Are you getting your criminal history check from 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 Nationally Coordinated 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?

ACIC accredited body refers to an organization that has been accredited by the Australian Criminal Intelligence Commission (ACIC) to provide Nationally Coordinated Criminal History Checks (NCCHC) in Australia.

The ACIC is the national agency responsible for criminal records and information management in Australia, and its accreditation program sets standards for organisations that provide NCCHC services to ensure the quality and integrity of the results.
Organisations, such as Worker Checks, have been accredited by the ACIC are authorised to access the National Police Checking Service (NPCS) and provide NCCHC results to individuals and organisations for specific purposes, such as employment, volunteer work, and visa applications.
An ACIC accredited body is required to adhere to strict security and privacy standards and comply with the ACIC’s Information Release Policy. By using an ACIC accredited body, individuals and organisations can be assured that the NCCHC results are accurate, reliable, and consistent.

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 Nationally Coordinated Criminal History Checks (NCCHC), and to tackle crime of the highest level. ACIC aims to keep the nation and the community safe.

What Does ACIC Accredited Provider 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 a Nationally Coordinated Criminal History Check (NCCHC).

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 (NCCHC) 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 ACIC Accredited Provider?

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 ACIC Accredited Provider 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.

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.
The organisation must then complete and submit the application form
Following receipt of the application form, ACIC will determine if you are a suitable organisation to register as an accredited body
You will receive in writing whether your application has been approved or denied
The agreement is signed and finalised
Training is supplied for using the service
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 NCCHC 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.

Collect police check application
Collect informed consent from the applicant
Verify the identity of the applicant
Lodge the application and monitor it
Receive check result
Provision of check result
Take care of any queries or disputes about check results
Retain information
Dispose of information

What Is Informed Consent?

Every Police Check (NCCHC) 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 NCCHC 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 NCCHC 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

A failed police check

Posted on by adamworkercheckscom
Failed police check?

A failed police check is not the end of the world!  Read on…

What to Do If a Potential Employee Fails a Police Check

If an individual fails a police check, it means that their criminal record has raised some concerns for the organisation conducting the check.

The result of a police check can vary based on the purpose of the check and the laws and regulations of the state in question. In some cases, a failed police check may result in the denial of employment, security clearance, or visa application.

It is important to note that police checks are just one aspect that is considered by organisations, and they may take into account other factors such as the nature and severity of the offense and the individual’s character and behavior since the offense was committed.

If you have failed a police check, you may want to speak to the organisation that conducted the check or seek legal advice to understand the implications and any potential avenues for appeal or resolution.

A ‘Failed’ Criminal History Check

A high number of job vacancy adverts now comes with a disclaimer along the lines of:

All offers of employment are subject to a police check clearance that is deemed satisfactory

Where a lot of employers go wrong is in assuming that this disclaimer (however it is worded) gives them complete coverage and allows them to either dismiss an employee or refuse an employee’s application if a police check shows a criminal history. That is not the case.

The Legal Obligations of Employers and a Police Check

While most businesses are aware that to survive in the modern age they have to be both ethically and business-focused. That’s why so many are now requiring a background check on employees. In some businesses and industries, a criminal record check is required by law.

For example, if you run a business that works in the aged care or disability care sectors and you hire someone with a criminal history of sexual offences or violence then you may be punished by the authorities for employing that person. The challenge is ensuring that employees are not being discriminated against based on their police check and criminal history.

To ‘fail’ a background check doesn’t always mean that the person applying for a job is not legally suited to the position. That means you need to ensure that you interpret the nationally coordinated criminal history check with the right kind of guidance. By integrating the right strategies in your hiring process, you can potentially save yourself a lot of legal issues.

The key thing to determine is what constitutes a criminal check ‘failure’ for your organisation, the advertised vacancy, and for your industry.

When is a Criminal Background Check Deemed Unsatisfactory?

Say that you’re looking to hire an accountant. You get an application in response to your ad from a qualified accountant with an excellent and relevant work history. Unfortunately, the Police Check is returned and it shows that they have criminal convictions related to speeding in their car, or were arrested and convicted of being drunk and disorderly after their graduation day.

In those cases, the conviction is not for anything relevant to the advertised position, so would it be fair to deny hiring that person who is otherwise perfectly suited to the position?

However you choose to address this kind of situation will end up affecting the rest of your business. It tells your existing employees that you’re more tolerant of a criminal background check showing unrelated convictions. However, if you’re too strict then you could potentially be leaving your business vulnerable to discrimination charges.

It’s also worth noting that if you make your standards too high and you immediately deny an application based on the background check results then you could be missing out on amazing applicants.

The key here is to ensure that you keep standards high from the outset. All prospective employees need to know in advance about your way of dealing with ‘failed’ Police Checks. If you don’t, or you keep changing the bar, then you could face charges of discrimination by the Equal Opportunities Commission.

Can You Legally Refuse A Job Application after a Police Check?

If a police check comes back that shows convictions that are directly related to the offer of employment, then you’re legally entitled to either review or withdraw the offer. In those cases, if an applicant believes that they have been discriminated against they can make a complaint to the Equal Opportunities Commission.

For example, if you run a financial business and an applicant’s police check comes back showing convictions for theft, fraud, or dishonesty, then you have legitimate cause to deny that application.

Some employment types are prohibited from having a criminal conviction. Doctors, caregivers, and lawyers all being examples where some kinds of convictions on a criminal background check will mean immediate refusal of a job offer, or dismissal if the person is already working.

At its core, if a potential employee or an existing member of the team undertakes a Nationally Coordinated Criminal History Check and results are considered to be too high a risk, then the law states that you do not have to employ or retain that person.

It’s important to get the balance right. It means comparing the correlation between the type of conviction they have and the relevance to the role that they have applied for. It also means ensuring that the business itself is protected against reputational issues or the threat of litigation.

Being Sued For Criminal History Discrimination

In most Australian states (not including Victoria), an applicant can file a complaint against your business if they believe that they have been discriminated against in the recruitment process. Complaints like this are submitted officially to the Equal Opportunities Commission and are enforced by the Australian Human Rights Commission Act of 1986.

So if your process for evaluating the importance of specific convictions on a police check certificate is fairly stringent, your job adverts need to reflect that.

The state of Victoria is slightly different in that legislation there only protects existing employees and not any potential ones.

Overlooking a Criminal History Check that’s Unsatisfactory

All businesses and organisations have their own recruitment processes. Only if those processes result in a high risk for the public will the authorities intervene. Those authorities will also get involved if the employment process breaks legal employment procedures.

So if your business decides that overlooking certain convictions is perfectly acceptable then all company policy needs to communicate that fact. Likewise, if you take a more zero-tolerance approach to a nationally coordinated criminal history check that needs to be made as clear as possible from the outset of the recruitment process.

Taking a zero-tolerance approach to criminal history, while does help to eliminate any legal grey areas, can also mean that you limit the pool of talent that will apply for your advertised positions. That can be particularly frustrating if the convictions are not even vaguely relevant to the job.

One way to protect yourself and the business is to ensure that you don’t use a probationary status as a possible trigger for dismissal in the event of a ‘failed’ criminal history check. Ideally, you should ensure that your recruitment process includes the police check before you make any offers of employment. That includes probationary or otherwise.

By doing this, you don’t have to justify any particular reason for the application rejection. You don’t even have to mention the police check.

A criminal background check is one of the most important parts of recruitment due diligence. However, it needs to be more than a case of simply ticking a box and hoping for the best. Your entire employment policy needs to reflect your stance on convictions, types of offences, and relevance to each vacancy.

At its most basic, depending on the industry and the relevant official mandates, a potential or existing employee that ‘fails’ a criminal history check shouldn’t be overlooked.

As long as your business uses a fair and transparent process for the use of disclosed criminal records, then potential accusations of discrimination can be avoided. It’s an extremely sensitive area, and there is a lot of potential for mistakes to be made by both businesses and potential employees.

For lots of jobs in Australia, there is simply no need for a criminal record check. For those roles, the employer does not need to request information about criminal history. All employers need to read and understand Section 4 of the Australian Human Rights Commission. This states that to “decide whether a criminal record is relevant to the inherent requirement of the job”, you need to:

Identify the essential tasks, circumstances and requirements of the job
Assess whether criminal records are relevant to these tasks and requirements
Assess an individual criminal record against the inherent requirements of the job

When Should You Ask For a Criminal Background Check?

There are some useful considerations to take into account when it comes to finding the right time to ask for a criminal history check. Ideally, you should only request the police check for those applicants who have been shortlisted for the position. This helps to:

Avoid time-consuming and potentially unnecessary admin needs (processing a lot of consent to disclosure forms alone can take a lot of time)
Manage costs, since all police checks incur some form of fee
Minimise risks of seeing confidential information that’s simply not necessary

On the job application form and the advert itself, applicants need to be forewarned that an offer of employment is dependent on the findings of the police check. It should also be reiterated during the interview process.

It’s in your interest not to make any kind of job offer before you have received the results of a criminal history check. If you allow someone to start work, even for a probationary period, and their background check comes back with relevant convictions that make them unsuitable then you risk wasting business resources. It can also cause a lot of stress for the other employees.

Don’t forget the fact that although using a criminal background checking service like Worker Checks means that you get results quickly (usually within one business day), if a check is flagged for manual review it can take weeks for the certification to be emailed to you. This happens in around 30% of applications.

If you need to fill a position quickly, any delays in submitting your request for a criminal history check can be a problem. In those cases, you need to gain consent from the relevant applicants to get that police check process started.

Convictions of Existing Employees

Plenty of businesses and organisations will require that their workforce update their police checks regularly. In many cases, a member of your workforce might have received a conviction while employed by you. The good news is that the way to handle this issue is very similar to that when presented with an applicant with convictions.

It is up to you and your business management how you handle this situation. Ideally, if the offence is not relevant to the role of the employee and presents no risk to the business, then leniency is highly advised.

Overall, the more information that an employer has about their applicants and employees, the easier it is to exercise  more reasonable judgement when evaluating potential connections between the requirements of a position and a criminal record.

The need to remain transparent is essential. Employers will inevitably take longer to check an application from someone with a criminal record. This means additional pressure on applicants.

Whatever system you establish for when to request an Australian Nationally Coordinated Criminal History Check and how you evaluate convictions in terms of the position, each decision needs to be made on a case-by-case basis. Look at the basic and inherent requirements of the role that they will be doing and the tasks that they will be expected to do.

A police check that comes back with convictions should never mean an absolute blanket policy of refusal (unless the vacancy is in a mandated industry or a role that means close contact with vulnerable groups).

In Summary

If a potential employee fails a criminal record check, it needs to be assessed according to the requirements of the vacancy. In many cases, you’ll find that the connection between the job and the criminal record is clear and a decision can be made easily. This is easier if your business or organisation deals with particular people or is a relevant industry.

Police checks will only provide some very basic information, and they will not include any specific details about the circumstances of a conviction. That can make it harder for an employer to understand if a conviction is relevant to a position. In those cases, an honest and transparent discussion with the applicant will need to be conducted. This will allow them to provide any relevant information.

This allows you to more professionally consider the relevance of the criminal record, the seriousness of the offence, and even factors like the age the applicant was when the crime was committed.

 

Police Check Education, Product Features

Validating Police Checks

Posted on by workerchecks
Validation process for online australian police check

Validating Police Checks

Worker Checks Validation for Printed Police Checks

Be wise.
Make sure you authenticate any printed checks. Worker Checks has made Validating Police Checks easy with the addition of a unique authentication feature.

Every printed Worker Check’s certificate contains two features for authentication:

1. Scan the QR code 

Or

2. Enter the certificate code in the authentication portal https://app.workerchecks.com/Validate

If you are viewing the certificate whilst logged in – you can be  assured the certificate or credentials are authentic, being displayed  straight from our impenetrable blockchain.

You only need to authenticate if the certificate(s) have been printed 😉

 

Police Check Education, Product Features

AFP Police Check- 100% Online with Worker Checks

Posted on by workerchecks
AFP Police Check

What is an AFP Police Check?

An Australian Federal Police Check, also known as a AFP Police Check, is a certificate issued by the Australian Federal Police, which contains information about an individual’s criminal history in Australia. It is commonly requested by employers, licensing authorities, and other organisations as part of their assessment processes for various purposes, such as employment, licences, volunteer work, or visa applications.

The AFP Police Check provides details of an individual’s disclosable court outcomes, which include convictions, sentences, penalties, and pending charges, obtained from various police and law enforcement databases across Australia. It is important to note that the AFP Police Check only covers offenses committed within Australia and does not provide information about criminal records from other countries.

To obtain an AFP Police Check, individuals typically need to complete application process can be completed 100% online with Worker Checks, provide identification documents, and pay the required fee. The AFP the conduct the necessary checks and verifies the information provided before issuing the certificate.

It is worth noting that each organisation or employer sets its own requirements regarding the validity and currency of an AFP Police Check. Many organisations require a recent check issued within the past 12 months.

Overall, an Australian Federal Police Check is a document that provides information about an individual’s criminal history within Australia and is often required for various purposes, such as employment or volunteering.

What ID do I need for an AFP Police Check?

Worker Checks AFP Police Check Verification of Identity table:

AFP Police Check ID

What is the Difference between Nationally Coordinated Criminal History Check and a AFP Check?

The National Coordinated Criminal History Check (NCCHC) and the Australian Federal Police (AFP) Check are two different types of criminal history checks in Australia. Here’s a comparison of the two:

  1. Issuing Authority:
    • NCCHC: The NCCHC is issued by accredited bodies called “Criminal History Check providers.” Such as Worker Checks. Worker Checks is authorised by the Australian Criminal Intelligence Commission (ACIC) to conduct criminal history checks.
    • AFP Police Check: The AFP Police Check is issued by the Australian Federal Police (AFP) directly. The AFP is a federal law enforcement agency responsible for enforcing federal laws and investigating federal offenses.
  2. Coverage:
    • NCCHC: The NCCHC covers an individual’s criminal history information from all states and territories of Australia, including convictions, charges, and pending court proceedings. It combines information from various police databases and sources across the country.
    • AFP Police Check: The AFP Police Check focuses specifically on an individual’s criminal history within the Australian Federal Police jurisdiction. It includes information on disclosable court outcomes, such as convictions, penalties, sentences, and pending charges obtained from AFP databases.
  3. Application Process:
    • NCCHC: The application process for an NCCHC is typically conducted through accredited Criminal History Check providers such as Worker Checks. Applicants complete the online process, provide identification documents, and the provider initiates the check on their behalf.
    • AFP Police Check: The application process can be completed 100% online with Worker Checks Applicants complete the online process, provide identification documents, and pay the required fee.
  4. Validity:
    • NCCHC: The validity of an NCCHC is determined by the organisation or employer requesting the check. Many organisations require a recent check issued within the past 12 months.
    • AFP Police Check: The AFP Police Check is generally considered valid at the time of issue. However, most organisations require a check issued within the past 12 months.

In summary, the National Coordinated Criminal History Check (NCCHC) covers an individual’s criminal history from all states and territories of Australia, while the Australian Federal Police (AFP) Check focuses specifically on the AFP jurisdiction. The NCCHC is issued by accredited Criminal History Check providers who partner with ACIC, while the AFP Police Check is issued directly by the AFP.

Read more on Which police check do I need?

Worker Checks is a leading provider for both Nationally Coordinated Criminal History (NCCHC) and Australian Federal Police Check (AFP Police Check).

 

 

Police Check Education

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.

Any application for a criminal history check must include the informed consent of the individual on whom the check is being conducted.

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?

It is standard practice for employers and organisations to request that you provide a national criminal history check as part of their background screening or engagement protocols.

This ensures that businesses can adequately and safely manage risk across all types of industries and locations.

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 or local police station. Worker Checks 100%  online process will verify your identity online as a component of your online police check application.

A Nationally Coordinated Criminal History Check can only be lodged for one purpose. This will be 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.

Worker Checks can help you obtain your nationally coordinated criminal history check fast and reliably online. 

Police Check Education

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 >