Tag Archives: SA police clearance

A failed police check

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.

 

Validating Police Checks

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 😉

 

Can I do a police check on another person?

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. 

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

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 >

How do I get a Police Check in Australia?

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
  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.

Police Check Overview – a guide for Police Checks in Australia

Police check overview

 

Police Check Overview

We have penned this Police Check Overview to help both individuals and those in organisations understand a little more about Police and criminal history Checks in Australia.

Employers  require their applicants to undertake a police clearance or national criminal history check, as part of their hiring process. Police checks contain essential information that employers use to support their decision on whether to hire the applicant or not. Read more here on failed police checks.

Purpose of a Police Check

The purpose of a Police Checks- whether it is an Australian Nationally Coordinated Criminal History Check, AFP Police Check or International Police Check is to reveal an individuals’ criminal history, but the results contained in a check an reveal more.

Whether you are an employer or an applicant for a police check, it pays to know what an online police check certificate may contain.

Here’s a list of things that you can learn from a criminal history check.

Disclosable Court Outcomes

What is a disclosable court outcome?

Disclosable court outcomes are police information that can be released to the public, or more specifically, the requesting party. Disclosable court outcomes contain information on convictions, cases, and related criminal proceedings that involve the person concerned. This information details the results of the criminal proceedings, including the case specifications and other details.

Pending Cases

What is a pending case?

Disclosable court outcomes are information about criminal proceedings that have been settled  and dealt with.

Pending cases are cases that are yet to be finalised in court. This information will be presented in the police check certificate.

Criminal History Dispute Clarification

Can I see my criminal record?

Regardless of whether you require an employment police check or not you can still apply for a police check to view your criminal record check for peace of mind.

Can I dispute my criminal record?

A police check online may contain offences which you believe to incorrect, or wish to dispute. As an Australian Crime Commission (ACIC) accredited National Police Check provider, Worker Checks can handle the dispute and rectification process for you.

There is a link to commence the dispute process below your online police check certificate in your Worker Checks personal portal.

Eligibility for Vocational Positions

Vocational positions in nursing and healthcare, the disability sector & aged care, education, finance, emergency, automotive, construction, and many others require people who can be trusted to work with. Previous or pending criminal history might affect one’s chances of getting hired due to the role’s sensitivity and access to vulnerable persons in the workplace.

Eligibility for Other Official Documents

Do I need a Police check for immigration?

In Australia, police checks are also required if an individual wishes to apply for any type of visa. Whether you plan to immigrate or to obtain a visa, you have to be prepared to acquire a police check online. But this does not only apply to visas. Many other official documents require police checks before they can be approved and issued.

What police check do I need for Immigration?

Applicants will require both an AFP Police Check to check any criminal background for your time in Australia. Worker Checks can provide your AFP Check.

Although Worker Checks can provide International Police Checks – our 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.

Please ensure you check requirements with the Dept of Home Affairs.

Qualification for Citizenship

What police check do I need for citizenship or permanent residency?

AFP Police checks are also required when applying for a citizenship or permanent residency.

Why Apply for an Online Police Check?

There are many ways to get a police check. One involves visiting an actual police station and the other one involves connecting to the internet and completing your  police check online.

Many people nowadays prefer the latter for convenience, speed and many other benefits.

Convenient and Easy Online Police checks

Completing tasks and online and sharing secure information – such as your police check results is par for the course in today’s world.

Worker Checks manage Australian Nationally Coordinated Criminal History Check, AFP Police Check or International Police Check for companies like Uber. (See Police Checks for Uber)

The gig economy moves fast, and so do we. Using your applicant’s webcam, mobile phone or tablet, we can provide a full police check within the hour.

So if you are looking to work with companies such as Uber, Menulog, Deliveroo – make sure you use Worker Checks for all your checks.

You can share all your checks from one spot from your personal Worker Checks portal!

Online Police Checks are the fastest

What are police check processing times?

In most cases, you’ll receive your Worker Checks National Police Check result and email to download your police check certificate within 1 hour of your check being submitted online. 

Why is my police check taking longer?

Police checking is a partially manual, name-based process, so some checks take longer to process than others. When an application is submitted for processing, your name and date of birth are run against a central database to find any potential matches throughout Australia with people who have police information.

For example, if a record of someone with name and date-of-birth details similar to yours is found in the police check database, your check would be referred for manual processing (completed by a person as opposed to being done electronically).

If you haven’t received your check result after 10 business days, feel free to email us at [email protected]

For more information on delayed police checks – please click here >

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Highly Secured Data

Is my police check data safe online?

Absolutely.

Workerchecks.com is powered by our proprietary blockchain enabled certificate engine. (Nominated for the prestigious Lloyds List awards in 2017 & 2018.

Both employees can be assured that their personal information is safe – and employers can rest assured that each police check certificate with authentication feature contains original and true information.

Read more about how we use private blockchain technology to provide the highest level of security for your sensitive personal data – Worker Checks private blockchain protecting your Police Check personal data

Choose Worker Checks™

Why should I use Worker Checks for my National Police Check?

Workerchecks.com provides police checks online – both Australian Police Checks and International Police Checks.

Application is 100% online – including  online identity verification, with support available.

Worker Checks Pty Ltd:

Police Check FAQ

Do Police Checks expire?

Police check expire

Do Police Checks Expire?

A Nationally Coordinated Criminal History Check (formerly known as a  Australian National Police Check) or an Australian Federal Police (AFP) Check is requested for many purposes. It involves a criminal record check on an individual to disclose police information on any disclosable criminal history of an individual. The question is often asked – do Police Checks expire?

How Long Is A Police Check Valid For?

There is no standard period of time that a check remains valid for – the Nationally Coordinated Criminal History Check is a point in time record

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

As per Australian Criminal Intelligence Commission (ACIC) Worker Checks
must not provide to the Applicant or any third party, a Nationally Coordinated Criminal History Check after 3 months have passed since it was issued by the ACIC, except where required by Law or with the prior written consent of the ACIC.

The information contained in the document is only accurate up to the date and time of issue. The information may become outdated quickly – for example if an offence took place after the certificate was issued.

What Does Point In Time Mean?

Any check – an Australian Nationally Coordinated Criminal History Check, an AFP Check or an International Police Check is classed as a ‘point in time’ check. A point in time check means that the information is only in date as of that moment. If a person commits an offence the day after receiving their police check certificate, this latest offence will not be included in the information. For this reason, police checks should be renewed regularly depending on the reason they are being used.

What Does A Police Check Result Look Like?

The National Police Checking Service generates a report containing the individual’s check results. An example copy of the document can be found on the website of the Australian Criminal Intelligence Commission.

Some reports may include branding from whichever accredited service provider the applicant used, but the police information and check results must remain the same as they are found on police databases.

The document will state the following information:

  • The date that the check was issued
  • An outline of the police check process
  • Details of the applicant (name, birth date, birth place etc.)
  • The outcome of the results, either NDCO (No Disclosable Court Outcomes) or DCO (Disclosable Court Outcomes) and the details of the offence

Is A Police Check Valid For Multiple Jobs?

An Australian Nationally Coordinated Criminal History Check cannot be used for multiple jobs. As every police check requires the reason for requesting the document, the results can differ. Police authorities need complete disclosure of the reason behind a police check, so that they are able to assess the individual correctly, and apply the correct legislation. The fact that the check is job specific or purpose specific, means it is not suitable for reusing for different jobs.

Different legislation and information release policies apply to different occupations. Usually for child-related work, all prior convictions and charges will be released in the police check results. Alternatively, a check request submitted for an office worker would not require the same disclosure of certain past offences.

It is important to note, that in the time that a person works for one particular company, they could have received a charge on their record since their last police check when moving to a new company. Companies should always request a fresh police check to ensure the applicant’s police history is up to date and any new offences are recorded and acknowledged appropriately.

Jobs Within The Same Company

In Australia, the Nationally Coordinated Criminal History Check is part of the screening procedure for employees joining a company or organisation. On many occasions, an existing employee might seek to change roles within the company, whether for a promotion, a career change or to gain new skills.

In this case, the employee, although having already provided police clearance when they first joined the company, may need to obtain a new check. Despite the company remaining the same, a different role brings different risks. It’s important that current employees are vetted before switching roles.

It is possible that since beginning their job with the company, new information has been added to their criminal record. A new check will reveal any recent offences which could affect their suitability for the different role.

Is A Police Check Valid For Multiple Purposes?

Nationally Coordinated Criminal History Check in Australia is not valid for multiple purposes. Each case should be individually assessed to ensure the right protocol is applied. A police check is only accurate up to the date it is received. As with employment screening, the same applies to any other purpose a police check is used for. A background check for the purpose of obtaining licences and registrations, voluntary work, immigration purposes, visa applications and adoption purposes each require a unique police check to assess the individual for the correct reasons. This not only assures the security of others, but ensures that you, the applicant, is assessed fairly.

Ongoing Employee Screening

In some industries, ongoing employee screening is in place. For example, in the aged care sector, a renewed police check is required typically every three months. This keeps information up to date, and again acts as a preventative measure for putting others in the community at risk.

If a person is employed and is currently involved with the police for whatever reason, they should communicate the situation with their employer if it could have an impact on their career.

Do Criminal Records Expire?

In Australia, criminal records do not expire. An individual’s record will never be erased completely, however, for some convictions, there is a time frame for how long an offence must be disclosed for. All states and territories in Australia have legislation which limits the disclosure or certain information after a certain amount of time. This is known as the spent convictions scheme or spent convictions legislation.

The period of time after an offence is known as the ‘waiting period’. This is the time after an offence occurred in which the individual does not commit any further offences. In Australia, this tends to be 10 years for crimes committed as an adult, and 5 years for crimes committed as a minor. After the waiting period, the conviction becomes ‘spent’. The conviction still exists, but it will not be disclosed on an Australian Nationally Coordinated Criminal History Check, unless under certain circumstances where the information is mandatory for safety reasons. A spent conviction will be spent automatically.

I Need A New Police Check. How Do I Get One?

All police checks can be obtained online through Worker Checks, as follows:

All applications can be completed 100% online.

Does A Police Check Ever Expire?

In short, an Australian Nationally Coordinated Criminal History Check does not expire, but it will only be available for viewing, printing or e-sharing from your Worker Checks portal for 3 months after the certificate is originally issue. should not be relied upon for a long period of time. Much can change for any individual over time, and it is vital that new police history is recorded accurately.

It is important that organisations request recent police checks (<3 months)  to ensure accuracy and validity, to continue to support the security that any Police Check provides.

Police Check ID requirements – what’s needed to get my police check?

police check nsw

What Personal Information Must I Provide to Get My Police Check?

Police Check ID requirements – What information is required for police check?  We get this question a lot!

If you have decided to order your Police Check, you will need to know what kind of information is needed for the check to be completed. These are the necessary items that you will need to gather to be able to proceed with the Police Check process. There are no exceptions to these requirements and you will need to provide them all to be able to complete the police check process.

Police Checks can be done through a local post office or police station, but this slows down the process significantly as well as requiring that you fill out paper forms. Ordering your Police Check online is a far easier and more efficient option. If you are ready to check your criminal record at an affordable price and through a process that takes place 100% online, here is the personal information that will be needed.

What is a National Criminal History Check?

A Nationally Coordinated Criminal History Check is an official document that itemizes all of an individual’s criminal history in Australia. These offenses included are disclosable ones that took place in any state or territory in Australia. It does not matter where you are originally from.

You will always order a national police check that is valid in the state or territory that you currently reside in and the results are based on criminal records held by Australian police agencies. The Police Check will show any disclosable court outcomes, court sentences, records and pending Australian cases within Australia.

These police checks are completed for many reasons, such as when you apply for jobs, accept an internship, apply for citizenship, take a volunteer position, or when you begin the process of fostering or adopting a child. At Worker Checks, provide these police checks online to our customers for any of these needs.

We are reputable and we will provide a hassle-free experience for your National Police Check needs in the state or territory where you currently reside. No more having to drive to a separate location and wait in line to order your Police Check and no more waiting around for it to arrive after the fact. Our online ordering process makes the order and receipt of your Police Check quick and painless.

Can I Order my Police Check Online?

There are two primary ways to order your Police Check. You can order it manually or at a police station or post office. However, ordering your Police Check Online is often the easiest way to get this process done quickly and efficiently. If you want to avoid the line and the wait after you have submitted a paper Police Check Form, you will want to order your Police Check Online.

We offer a quick and simple ordering process that only takes 5 minutes to complete. If you have been dreading having to do this necessary and common bit of paperwork, being able to complete your Police Check online and having it on hand right away is a welcome relief.

You will just need some required documents and you will need to fill out an online application. We will ask to see your required documents with a selfie so that we can confirm your identity. After that, the rest is up to us! In many cases, you will receive your National Police Certificate within 60 minutes.

How Long Does it take to get a Police Check?

The actual online ordering process takes five minutes or so. This is quick, painless and much faster than applying at other locations! You will be done with your order in the time that it takes to make a cup of tea! Best of all, you will not have to leave the comfort of your home and you will not have to deal with the frustration of driving to another location to order and then finding out that you forgot a document that you needed!

About 70% of orders are completed within 1 hour and your National Police Certificate will be available in your secure personal portal as soon as the process is completed. This is the standard experience, but we will call if your personal information seems to be incomplete or if other errors are found to be present in your application. We are experts at reviewing and confirming that your order is complete and consistent.

You should know that about 30% of Australian Police Checks are delayed to be further reviewed by the National Police Checking System. This can add another 2 to 15 business days to your order. Due to this, we always recommend that you submit your order at least 10 days before you will need your completed Police Check in hand.

Submitting your order early will make sure that your application for a job or for a volunteer position will not be held up by delays that cannot be helped by you or by us. These checks are performed randomly and are not pre-selected by us in any way.

What Personal Information Will I Need to Provide?

The most common reason that you will be asked for a police check  to be done, is to be hired for a job. This is a required step for many jobs to protect your potential employer from anti-discrimination laws or privacy laws. It is not enough for you to just state that your record is clean.

You might be worried about the personal information that you will need to provide, but you can rest assured that none of the necessary information is invasive or should be considered too personal to provide.

To complete a Police Check NSW for example, you will need to provide the following documentation:

  • 1 Commencement Document

The acceptable items that fall under this heading are a current Australian passport that is not expired or a Full Australian Birth Certificate. A birth card will not be accepted in place of a birth certificate. If you do not have either of these documents, you will need to provide an Australian Visa that is current or an ImmiCard issued by Immigration and Border Protection.

If you do not have any of these documents, you will need to provide a certificate of identity that has been issued by the Foreign Affairs and Trade or a Document of identity issued by the Foreign Affairs and Trade. The last item that you might be able to use is a certificate of evidence of resident status.

  • 1 Primary Document

These documents are proof of identity and include a current Australian driver’s license or learner’s permit, an Australian marriage certificate, or a current passport from another country that shows valid entry into Australia. You can also use a current proof of age or photo ID card from an Australian government agency.

A firearms license can be used or a student ID card as well. All of these forms of ID must show your complete legal name, a photo, and signature.

  • 2 Secondary Documents

These include a certificate of identity that has been issued by the Dept of Foreign Affairs and Trade or a document of Identity issued by them. You can also use a convention travel document secondary (UN) issued by the Dept of Foreign Affairs and Trade. A foreign driver’s license will also work.

Other options include things like bank and credit cards, credit reference checks, student ID cards, government-issued photo ID, consular photo ID or even your Medicare card.

These items will need to be provided whether you are ordering a Police Check in NSW or a Police Check VIC. Each territory or state will have its own police records on anyone who has committed an infraction while they resided in that location.

For more information – visit our Proof of Identity page here.

What Other Personal Information Will I Need to Provide?

A Criminal Record Check cannot be done if additional personal information is not provided. This is basic information that you likely used when you filled out your job application. The personal information that will be required includes:

  • Current legal name
  • Any other legal names you have had
  • Place of birth
  • Date of birth
  • Gender
  • Address history for the past 5 years

We will also ask that you provide a selfie with the necessary documents pictured. This image will be attached to the information above, which is supplied through an application form that is quick and easy to fill out. You do not need to stress about providing your personal information to us for the purposes of your Police Clearance process.

What is a National Police Certificate?

The National Police Certificate is the official document that you will be issued when you have completed the National Criminal History Check. This certificate will disclose any illegal activities that you have been involved in which led to a criminal record being established for you related to those activities.

You might be wondering how long this check is good for. Technically, there is no expiry date for these checks, however many businesses have their own regulations regarding how old a Police Check can be before a new one must be provided. You can refuse to provide a new Police Check, but this will likely result in you not being considered for the position that you have applied for.

A Criminal Record Check request should not be viewed as a sign that you are being treated with suspicion. This is a common practice when applying for jobs and trying to adopt or undertake volunteer jobs. These entities must satisfy their own requirements related to hiring anyone who has failed a Police Clearance related to the Spent Convictions Scheme.

These are basic practices that are undertaken by all reputable employers and organisations who are seeking to hire a new employee. They should not be looked at with embarrassment or frustration as they are common practice. Remember that these are practices that are required by the entity that is hiring you and that you are not being treated any differently than any other applicant.

Can I Dispute My Results?

You are able to dispute your results and we can help you with queries related to the accuracy of your Police Check results. Always contact us immediately if you think your Police Check is not correct and we will liaise with ACIC on your behalf or help you to start the necessary processes with your local Police Agency.

What About Police Checks in Other Locations?

No matter if you are ordering Police Checks in South Australia or Police Checks in West Australia, the process is the same. You will need to provide the same basic personal information and the same documentation. These rules are standardized for a reason and are intended to protect everyone who applies for jobs or caretaker roles from being treated with discrimination.

Remember that you will only need to order a Police Check in the state or territory in which you currently reside. There is no need to order a Police Check for another location that you lived in before. There are various rules related to infractions that were incurred in other locations other than your current primary address but these do not have any effect on the Police Check process in your current location.

What if I have Questions?

Contact us here if you have questions about our online ordering process or the documentation that you will need to provide. We want to take all of the guesswork out of your order and we know that it can be stressful to have to apply for a Police Check. It is hard enough having to wait to hear if you have gotten a job, and we want to be sure that the hiring process is not delayed for a moment longer than it has to be!

Click here if you are ready to start your application and you have the necessary documents on hand. We are ready to help you with your order, no matter what time of day you start the application process. We will deliver fast, efficient, and accurate results for you with every order that you place.

What if my identity documents are in different names?

police check identity documents

I need to conduct a Police Check – documents in different names?

Anybody applying for a Nationally Coordinated Criminal History Check will be required to provide 4 documents to prove their identity, no matter which service they use. But we are often asked  -What if my identity documents are in different names? – Can I still compete a police check ?

The requirements for a National Police Check are coordinated by the Australian Criminal Intelligence Commission (ACIC) and must be followed properly. The rules are in place to protect the identity of individuals and to prevent cases of fraud. If there are issues with your ID documents, you may be required to obtain new ones. One main cause of problems with identity documents is the names displayed. All details including names, must be accurate and consistent throughout.

What If My Documents Are In Different Names?

When you apply for a police check online, you must provide 4 identity documents to complete your application. All 4 of these documents must be in your primary name. However, sometimes your name may be different on documents. This could be from taking your partner’s name after marriage, or having your name changed for other reasons.

In this case, you will be required to provide an official marriage certificate, or a change of name certificate. This will verify that the names on the documents match to the same person, i.e. you.

You should ensure that you have access to the required certificates if your documents are in different names, as you will not be able to continue with the police check application until all the requirements are met.

It’s important to note that alternative spellings of your name, or any misspellings, punctuation or spaces can all affect your application and result in difficulties processing your police check.

Do I Need To Provide All My Names?

As part of an Nationally Coordinated Criminal History Check , it is mandatory for you to provide some personal information to verify and confirm your identity. This information includes your legal names, as well as any previous names. For instance, if you are married and have taken your partner’s name, you will need to provide your maiden name. If you have had your name changed legally for any other reason, you will need to provide your previous names.

All names must be spelt correctly and consistently. If Worker Checks or the alternative NPC provider you have used believes any of the information you have given to be inaccurate, you will be contacted to discuss the problem.

What If I Have Had My Name Changed?

Many people change their name for different purposes, usually for personal reasons. Anybody can change their name officially by lodging a legal name change application, provided that it is not for fraudulent purposes. Following a successful application, you will receive a certificate documenting your name change.

If you have had your name changed and are applying for a National Police Check, you will need to provide a copy of the name change certificate to demonstrate that the different names in your ID documents belong to you.

How Do I Get a Name Change Certificate?

You will usually obtain a change of name certificate when you apply for a name to be changed legally. If for whatever reason you do not have access to the certificate, you should contact the Registry of Births, Deaths and Marriages. Each state and territory in Australia is responsible for the provision of certificates, so you should contact the relevant agency.

What If I Am Married?

If you are married in Australia and have taken the surname of your spouse, the names on your documents may still show your maiden name. When applying for a police check online with documents in different names due to marriage, you must provide an official marriage certificate.This proves your name change by marriage and will verify and protect your identity.

How Do I Get A Marriage Certificate?

If you have lost or misplaced your official marriage certificate, you can request a replacement certificate from the Registry of Births, Deaths and Marriages. You will need to apply through the website of the relevant state or territory in Australia.

What Is The Registry of Births, Deaths and Marriages?

The Births, Deaths and Marriages Registry is a government agency which allows people to do the following:

  • Register a birth, death or marriage
  • Apply for a certificate
  • Change names
  • Search family history
  • Register adoptions
  • Register changes of sex or gender

Please note that the individual state and territory governments in Australia are responsible for the provision of certificates. You will need to contact the relevant authority. For more information, visit the Australian government website.

What If My Name Is Spelt Wrong?

An Australian Nationally Coordinated Criminal History Check is an official document. For this reason, the contents of the National Police Certificate, including all personal information and identity documents must be fully correct.

It’s very important that you spend time checking your application carefully before you submit your online police check . You should check for any inconsistencies, typing errors and spelling mistakes throughout the form.

Any differences, no matter how minor can cause problems with your police check. This will cause delays and it cannot be determined how long you must wait for your national police clearance. Inconsistencies with formatting, spacing, hyphens, different spellings and more will be problematic. Please enter your information carefully.

What If An Alternative Spelling Of My Name Has Been Used?

If you receive your Nationally Coordinated Criminal History Check and an alternative spelling of your name is printed, you must contact Worker Checks, or the relevant NPC provider as soon as possible. The identity requirements for a National Police Check are strict and in line with Australian government, and must be followed correctly at all times.

What Documents Do I Need?

Anybody who applies for an Nationally Coordinated Criminal History Check needs to provide 4 ID documents. These include the following:

  • 1 x Commencement Document
  • 1 x Primary Document
  • 2 x Secondary Documents

For a full list of suitable documents for each of the 4 categories mentioned above, visit the Police Check  Identity Frequently Asked Questions page on the Worker Checks website.

Why Do I Need To Provide a Selfie?

As well as the personal information and identity documents, you are also required to upload a selfie when completing your police check online.

The selfie is a method used to compare your appearance to the photograph in your identity document. This is another form of identity verification which is in place to verify and protect your identity, and to stop any other individual from claiming your details as their own.

The process for the selfie is as follows:

  • Take a photo of yourself holding one form of photo ID, such as your passport or driver’s licence
  • The photo is compared against the photo of you in your ID document, and cross checked electronically using automated tools
  • The automated system will also recognise if the photo ID document has been altered in any way

What If I’ve Made a Mistake In My Application?

Once your police check has been submitted, you will need to wait for police clearance following a background check using the identity information you supplied. If you realise you have made a mistake in your application, or you believe there could be a mistake, you must contact the relevant agency you used to apply through immediately.

No matter how small the mistake, it is important to alert the relevant NPC provider to have it rectified. The sooner you get in touch, the sooner the mistake can be amended, and your application will be able to progress.

What Can I Do If I Don’t Have The Right Documents?

If you need to obtain a National Police Check, you have to supply the right documents as required in the application. Whichever provider you use, the documents and information required are exactly the same, as the requirements are set out by Australian government.

If you find that you do not have the right documents, you may need to apply for new documents from the relevant agencies. If you have the right documents but they have expired, you will need to obtain updated documents, as expired documents will not be accepted as part of your police check, with the exception of a passport expired under 2 years ago.

For problems relating to your name or names on documents, there may be an option to have them changed to the correct name. Contact us for any queries or concerns you have about documents and we will advise you the best possible way to move forward with your check.

Why Was My Document Not Accepted?

There are many reasons why a document you have given as part of your police check online may not be accepted. In these cases, the relevant agency will contact you directly using the email address or phone number you provided in your application. You will be informed of the problem, and advised and assisted in how to move forward with your Police Clearance. In some cases, there may be alternative documents which will be accepted.

One reason as to why a document will be rejected is because of issues with your name. If the document displays an abbreviation or alternative spelling of your name, this will be flagged as an inconsistency. Another possible reason for rejection is that the name on the document or any other personal information such as date of birth, may be displayed wrongly.

Other reasons for an unaccepted document can include the following:

  • It is not written in English
  • It is not an accepted form of ID
  • It is expired/no longer valid or it has been cancelled
  • It has been provided in the wrong category (each of the 3 categories – commencement, primary and secondary must have the correct type of document)

Why Do You Need My Documents?

All organisations and providers of Australian police checks must follow the strict application process for identity information. Each provider, including Worker Checks Pty Ltd, has a legal obligation to request and access your identity documents in order to verify your identity.

Every applicant must follow the same process and provide the right documents, or they will be unable to get a Nationally Coordinated Criminal History Check.

In certain situations, you may have special circumstances which warrant special provisions to be made if you cannot provide the required documents. If you believe you have a genuine reason or inability as to why you are unable to produce the documents, you should contact our customer service team for advice.

Please note, special circumstances are rare and will be reviewed carefully for accuracy. Lost, stolen or expired documents will not be accepted as valid reasons for special provisions.

Who Do I Contact For More Help?

For those who have applied for a National Police Check with Worker Checks, contact our customer service team via phone, email or using the online contact form.

For details, visit the Contact Us page.

Clear My Criminal Record – is it possible?

clear my criminal record

Clear My Criminal Record – is it possible?

Is It Possible to Clear My Criminal Record?

If you’ve been asked to apply for a Nationally Coordinated Criminal History Check as part of a job application process, you might be wondering whether it’s  possible to clear your criminal record. And, thanks to spent convictions legislation in place in regions across Australia, it is.

See below for information on how spent convictions legislation works and how it varies between different States and Territories.

Plus, find out more about how the national police checking (NPC) process works if you have spent convictions, how to dispute NPC results if your spent convictions show up on your certificate, and how long a certificate with unspent convictions is valid.

What types of convictions are in my Criminal Record?

There is spent convictions legislation in place in all Australian States and Territories. Simply put, this exists to automatically clear the criminal records of former offenders, meaning wiped or ‘spent’ convictions will not show up on their Nationally Coordinated Criminal History Check certificates.

There are, however, certain terms and conditions to bear in mind as well as variations in the application of this legislation in different states.

For starters, convictions will become spent after different waiting periods in different areas of Australia. In addition, some convictions can never become spent, and there are circumstances under which even spent convictions will be disclosed in a check certificate.

How Long Before a Conviction Becomes Spent?

Generally speaking, a conviction becomes spent after 10 years if it was given when the offending person was an adult, or five years if the offender was a child at the point of conviction. However, these rules may vary depending on the region in which a person received their conviction.

In New South Wales (NSW), for example, a child’s conviction will be considered spent after just three years. Plus, some convictions in the region may be wiped early as the result of good behaviour. So, it is advised that you meet the conditions of your conviction if you want to apply for a Police Check NSW and receive a national police certificate with no listed convictions.

What Criminal Offences Will Never Become Spent?

In most States and Territories across Australia, sexual offences can never become spent, no matter how many years have passed since the date of conviction. As such, any sexual offences committed will always show up on an offender’s NPC certificate. In some instances, this is also the case when the offender was a minor at the time of conviction.

Additionally, convictions in Western Australia will not become spent automatically. Rather, those with convictions on their criminal record must apply for a spent conviction on the Western Australia government website.

Keep this in mind if you are applying for WA police clearance. If you fail to apply for a spent conviction in time, it may still be listed on your national police certificate.

Under What Circumstances Will My Spent Convictions Be Disclosed in an NPC?

Even if your convictions become spent, there are some instances in which they might still be disclosed on a national police certificate.

You may notice that, during the NPC application process, you are asked to provide information on the purpose of your national police check. If the reason you need a police certificate is any of the following, older convictions may still appear:

  • Working with children.
  • Working with the elderly.
  • Working with disabled or otherwise vulnerable people.
  • Working in immigration.
  • Working as a commercial driver.
  • Employment in a hospital.

To find out if older convictions are likely to be disclosed on your police certificate, refer to the police check legislation for your State or Territory.

What Information Does a Police Check Certificate Typically Include?

The primary purpose of a police check certificate is for employers to ascertain whether you have any convictions on your criminal record, particularly those that would make hiring you a risk either to the company or the people it serves. As such, every certificate will come back either with ‘disclosable outcomes’ or ‘no disclosable outcomes.’

Disclosable outcomes are the convictions that are listed on the certificate. If you have been charged for a crime but have not yet appeared in court, that charge may be included as well.

If your certificate has no disclosable outcomes, that most likely means you have no recorded convictions, or your convictions have become spent. Or, it could mean that any convictions found during your criminal record check were not considered relevant to the position you applied for.

Will Interstate Convictions Be Included on My National Police Certificate?

Yes, your national police certificate will list any relevant convictions from all States and Territories throughout Australia. Even when you apply for a regional (or state based) police check, police databases from all regions will be searched. In doing so, the information you provide can be matched with person of interest records across the country.

So, if a person were convicted of a crime in Brisbane, that conviction would still show up on their national police certificate if they applied for SA police clearance.

How Accurate Are National Police Checks?

As long as you enter the correct details upon application, the outcomes listed on your national police certificate should be accurate. However, even small mistakes in the spelling or spacing of the information you provide could result in an inaccurate search.

It is in your best interests to provide the right information when completing an NPC online application. That way, you can be sure you won’t receive a certificate that lists convictions that are not attributable to you.

If we have reason to believe that the information you provided is incorrect, we will contact you as soon as possible. We may be able to amend any mistakes for you before the police checking process begins. However, please note that we do reserve the right to reject applications that contain inadequate information.

What Personal Information Do I Have to Provide for My NPC Application?

For the first step of your police check online application, you will be asked to enter your name, contact details such as your email address and phone number, and information related to the purpose of your police check.

Then, after you pay your fees through the secure online platform, you will be prompted to provide the following additional details:

  • Your gender.
  • Your date of birth.
  • Five years of address history.

Will My National Police Check Certificate Show Spent Convictions If My Identifying Documents Are in Different Names?

As well as your personal information, you also need to provide four types of identifying documentation. If you have recently changed your name and not had time to update your IDs, you will be required to include an official marriage certificate or change of name document in your application, too. This will help to prove the link between your former name and current name.

So, if you have convictions that only became spent following your legal name change, you don’t have to worry about those convictions showing up on your police clearance certificate. Any changes to your convictions will be acknowledged, whether or not you’ve had time to update your documents.

What Happens When I Submit My National Police Check Application If I Have Spent Convictions?

Once you have entered your details, uploaded your identifying documents, and paid your fees, you should be just about ready to submit your application. The process that follows is the same regardless of whether you have spent convictions, unspent convictions, or no convictions at all.

As soon as we receive an application, we check that the information provided is accurate before submitting it to the National Police Checking Service. There, they will search national and all regional criminal databases to see if there’s a match between the information you provided and persons of interest known to the authorities.

Before your results are returned to Worker Checks, they will be sent to a police agency. There, it will be determined what convictions (if any) will be included in your application. So, if you have spent convictions, this is the point at which that they will be struck from your certificate. The only exception is if your spent convictions are found to be relevant to the purpose of your application.

Will It Take Longer to Process a National Police Check If I Have Spent Convictions?

In most cases, it takes just one hour for an applicant to receive their certificate. However, in some instances, the process can be delayed for up to 15 days. This happens when the National Police Checking Service selects an application for further review.

It is not possible to predict whether your application will be selected for review because it can happen whether you have spent convictions or not.

Can I Dispute the Disclosable Outcomes on My National Police Certificate If I Have Spent Convictions?

If your national police certificate is returned to you with disclosable outcomes but you believe your convictions have become spent, it is possible to dispute your results. However, please bear in mind that if your certificate shows your spent convictions, there will most likely be a reason why.

Remember that there are certain exceptions to spent convictions legislation. These state that if your spent convictions are relevant to the purpose of your NPC application, they may still be included on your certificate.

Say, for example, that an applicant needs an NPC certificate for employment in a school. If that applicant has prior convictions for offences against children, it is highly likely those convictions will be disclosed, regardless of how long it has been since the offence occurred.

Still, if you would like to dispute your results, you should contact us as soon as possible. We will be able to liaise with the Australian Criminal Intelligence Commission on your behalf.

Will I Need to Get a New National Criminal History Check If My Convictions Become Spent?

Any police check is a ‘point in time’ check. As such, the certificate you receive will be valid at the time of issue. It will only be considered invalid when the organisation that requested it asks you to renew or if the status of any of your conviction’s changes.

Therefore, you will be required to apply for a new national police certificate when your convictions become spent. It is likely to be of more benefit to you to produce a certificate with fewer or no disclosable outcomes.

Can I Still Get Hired If My Check Certificate Shows Unspent Convictions?

Having no disclosable outcomes is the desired result for most people who apply for a police check in Australia. However, having unspent convictions listed on your certificate does not necessarily mean you won’t get hired.

It’s worth bearing in mind, though, that not all organisations will ask you to complete a national police check. Those that do will quite likely have a good reason for not wanting to take on applicants with a criminal history. This is especially true of offenders whose convictions are considered to make them a higher risk to the people the organisation serves.

Are There Any Other Ways to Clean My Criminal Record in Australia?

No, the only way to clear your criminal record in the different States and Territories across Australia is for your convictions to become spent.

That being said, spent convictions legislation is applied slightly differently in the different regions of Australia. So, it’s worth reading up on the way spent convictions work where you are. The outcomes disclosed on an applicant’s NPC certificate may vary depending on whether they apply for a police check Vic, one in Queensland, or elsewhere in the country.