Why should I conduct police checks on my employees?
Employers have a duty of care in the recruitment process to ensure safe conduct of business. You need to protect your organisation’s assets and keep your employees and anyone who comes into contact with your business safe. Police checks help mitigate risk by giving you information on criminal convictions that may prevent an applicant from being able to perform the inherent requirements of the job.
What does a National Police Check contain?
A National Police Check contains a summary of a person’s police history information in Australia. This includes all findings of guilt unless spent. Whether a finding is spent will depend on state and federal legislation, but generally a spent finding is a criminal offence older than 5 years if convicted as a child, or an offence older than 10 years in any other case.
When does a National Police Check expire?
This Certificate is current as of the date of issue. As it is a point in time check, there is no associated validity period. It is at the employer’s discretion to regulate what period of time a Police Check is valid.
How long does it take to have my results back?
In 70% of cases, you will receive your certificate within 60 minutes.In rare cases, the check may take up to 10 days to be returned. We can only process your application once we have received all valid documents (signed Informed Consent Form and 100 points of Identification Documents).
Is a Police Check the same with Working with Children Check?
No, the Working with Children (WWC) Check and a Police Check are different certificates. InfoTrack only provides a Nationa Police Check.
Is there a minimum age to require a Police check?
You must be over 16 years of age to order a Police Check, anyone under the age of 18 years must have the consent of a parent, guardian or legal representative.
Can I check somebody else’s criminal record?
Other than checks for police investigation/prosecution purposes no-one is permitted to check another person’s police record without their consent. For other purposes such as employment, can only be done with the signed consent of the individual.
Which documents I need to get ready when ordering a Police Check:
• Signed Informed Consent
• 100 points of Identification Documents
Documents to provide in order to get the 100 points documents:
|75 points documents - Only one form of identification from this category||• Birth Certificate
• Australian or international Passport (Current, or expired within the previous two years, but not canceled)
• Australian Citizenship Certificate
• Other documents of identity having same characteristics as a passport
|40 points documents - Any additional documents will be awarded 25 points each||
•Working with Children/Teachers Registration Card
|25 points documents - Supplementary||
• Birth Extract
What individual rights need to be protected when conducting police checks?
No one is permitted to check another person’s police record without that person’s consent. Individuals have the right to privacy and freedom from discrimination. The relevant legislation is Charter of Human Rights and Responsibilities 2006, Privacy and Data Protection Act 2014: Organisations, Australian Human Rights Commission Act 1986 (Cth) and the Australian Human Rights Commission Regulations 1989 (Cth).
What should I do once I have the results of a police check on an applicant?
You should give the applicant an opportunity to address their criminal record and explain the circumstances surrounding any convictions. Each case should be decided in its individual context in relation to the position, your organisation’s policies and any applicable anti-discrimination guidelines. Factors that you might consider include:
- the age of the applicant at the time of the offence
- how recently the offence occurred
- whether there is a pattern of reoffending
- the seriousness of the offence and its relationship to the specific job
- the sentence imposed by the courts
- evidence of rehabilitation including subsequent work experience and character references
For more information, you can refer to the Australian Human Rights Commission’s Guidelines for the Prevention of Discrimination in employment on the Basis of Criminal Record.