Has your client signed up as a volunteer for an organisation that works with children? Or applied for a new role and is going through a recruitment process which includes a police check? There are many scenarios where your client may be required to consent to a police check.
Being asked to perform a police check can be a little unsettling, which is why it can be helpful to know a bit more about who can conduct a police check, what rights a person has when consenting to a check, and who can access the results once it’s complete.
We’ve summarised the top 6 questions your clients may ask below.
1. Can anyone do a police-check on me?
No, a police-check can only be done on a person when they have provided informed consent. Other than checks for police investigation or prosecution purposes, no one is permitted to check another person’s police record without their consent.
2. Do I need to disclose if I have a criminal record?
If you are asked in an interview whether you have a criminal record, according to the Human Rights Commission, you are not required to volunteer any information, unless there’s a requirement under legislation to do so.
3. Can my application be turned down based on a criminal history check?
An application can only be turned down based on a criminal history check when there is a clear correlation between the job and the criminal record.
For example, if a person is applying to work as a taxi driver and their police check certificate shows drink driving offences, there is a reasonable correlation to refuse the applicant due to the nature of the job. If the criminal record is not relevant for the position applied for, and the applicant is turned down, the employer/organisation risks being sued for discrimination
4. Who can access my police record?
Due to strict Privacy Law in Australia, only the person who the police check was performed on can request a copy of their own criminal record. One is not allowed to access anyone else's if they want to find out whether they have been convicted of a crime
5. Do police-checks expire?
A police check is a “point in time check” meaning it has no set expiry date. Most organisations don't accept a police check certificate that is older than three months though.
6. Where can I order a police check?
A police check can be arranged in NSW, QLD, VIC, TAS, ACT, SA, WA and NT by visiting InfoTrackGo.com.au. National Police Checking Service completes around 70 per cent of police checks within minutes. The remaining 30 per cent of checks are referred to one or more police agencies for manual processing.
InfoTrackGo is powered by InfoTrack who is accredited to submit police checks by the Australian Criminal Intelligence Commission’s (ACIC) National Police Checking Service (NPCS) and is a trusted technology provider to the legal profession
