Employer police checks

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Australian National Character Check (ANCC) makes every effort to provide updated and accurate information to its customers. However due to the continuously changing nature of legislations for the Commonwealth and various States and Territories, it is inevitable that some information may not be up to date. The information on the website is general information only. The contents on the website do not constitute legal or professional advice and should not be relied upon as a substitute for legal or professional advice. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, suitability, accuracy or availability with respect to the information.

Besides meeting the minimum qualification for a job or role, employers want to be sure they are employing “suitable” people for the job. The preference for most employers is to hire a candidate without a criminal record, or even when they have one, it should not compromise the “new role”.

Employers and organisations try out various means to "assess" their candidates for the role, especially if it is a sensitive position. The police check is one of the most standard and legal means of assessing candidates in Australia. It is an evaluation of the candidates' Disclosable Court Outcomes on their criminal records.

How can an Employer get police checks?

Business and Enterprise customers (employers) are able to sign up to ANCC’s business portal where they can order, manage, track and view criminal history check results on their business portal. Organisations will undergo a process of approval prior to being granted access to ANCC’s business portal.

After an employer orders a check using the business portal, ANCC’s system sends an invite to the applicant to complete their criminal history check online and handles the application and informed consent form. Contact ANCC’s business and enterprise partnerships team today to enquire about setting up a business portal for your organisation.

What is the police check?

The police check is one of the most popular background checks in Australia that reveals only the releasable Court outcomes of the applicant. The police check certificate that the applicant gets on completing the checking by the NPCS will include their criminal court conviction history related to Australia.

The National Police Checking Service (NPCS) conducts all Checking across Australia. Candidates who want to obtain the police check must submit their details through the agency or application method.

Is the police check for employment different from other police checks?

The police check is a nationwide process in Australia; regardless of where or when the person applies for the check, it will contain all their relevant Australian records.

Your police check result contains convictions that are relevant to the purpose you state on the application. Since the police check is used for various purposes, it will prioritise those offences relevant to the purpose or the role the applicant is seeking.

Employment police checks may slightly vary from a licensing check. Although this change does not affect the validity, it cannot be interchanged for an application.

Who can apply for a police check for Employment?

The police check for employment is generally for when a recruiting party or agency requests the police check.

Citizens or non citizens above 16 can apply for an Employment police check if a potential hirer requires one. They may also obtain a police check as an update to their "obsolete" police check. The candidate can explore various applying methods for the police check, including an entirely online process with accredited service providers.

Lastly, the employers may employ a "central means" and initiate a police check application process for the candidates. Employers who fear that some candidates may become dubious with the Nationally Coordinated Criminal History Check may go-ahead to "Start" the police check process on behalf of the candidate. The Australian National Character Check provides these options for approved businesses, organisations and employers.

Why do businesses/Employers initiate the police checking process?

The Australian government encourages businesses and agencies to employ legal means to protect their clients or customers. One acceptable way for Employers to protect their clients is to initiate the process for the police check.

Enterprises that initiate the police check can enjoy various benefits, including that such actions reduce irregularities in the process. Employers will no longer have to worry about verifying or vetting a police check result if they streamline the process directly from the NPCS.

Here are other benefits of the employer initiating a police check through the Business Portal through ANCC.

• Manage and Assess the police check easily

If the employer streamlines all their Police check applications, it is easier for the organisation to manage, order and even evaluate the results. Otherwise, it may be challenging to manage and assess the results of thousands of Criminal History Check results and other credentials submitted by applicants.

• Order and Track the police check quickly

ANCC offers a unique feature that enables applicants to track their police check applications. Organisations will also get this beneficial feature if they apply through the accessible business portal of the ANCC.

The Track a Check option is beneficial to employers, especially when they have to keep up with numerous applications.

• Faster police checks

The online method of applying for a police check is considered by many to be the fastest of the favoured three. It will save costs for both the organisation and the candidate as the entire process can be completed online.

Police check applications through accredited online services generally take less than 48 hours of application before the candidate gets their check. An exception to this is if the check gets referred for manual processing. Getting the result of the Nationally Coordinated Criminal History Check at such a quick return can boost productivity and reduce delays in assessing candidates results.

• No lock-in contracts

The contract between the ANCC and your organisation is a non-rigid plan. The customer can choose to unsubscribe to our service at any point, with no detriment to their operation.

• Keep an accurate and ever ready online record.

The police check results can be easily updated and accessed when you manage them from an online database. ANCC offers this service to approved businesses and enterprises that use the accessible business portal.

It makes it easier to track the applicant and keep track of any updates.

• Extended Candidate Support

Some of the candidates may still find the application process for the police check challenging. If your business is exploring this option, we usually help the applicants get through this stage. ANCC offers customer support to the applicants/candidates for 7 days a week.

• Nationwide service

Manually applying for the Nationally Coordinated Criminal History Check can be difficult and tedious, and that is why ANCC provides an online service. Employers can manage and conduct police checks for their candidates anywhere regardless of their residences or geographic location.

It no longer needs to be challenging when conducting multiple police checks for candidates from various places in Australia.

There is no greater way your business can handle the check assessment than to streamline the process. If you accept multiple police history checks from various places in Australia, your business should book a free consultation with ANCC to go about it.

What are the procedures to apply for the Business Portal Process?

The business portal is the top choice for most employers or decision makers who want to streamline the application process for a Police Check. Employers can manage and get candidate’s result online by following the simple steps of;

• Setting up an account

The organisation must open an account to register for a space/platform to manage the police check certificate. To open a business portal account, the employer or organisation should register at https://www.australiannationalcharactercheck.com.au. All organisations undergo a process of approval prior to being granted criminal history check access to the business portal.

• Add Candidates

Here, the enterprise must list the candidates on whose behalf they want to obtain a check. It includes providing the candidate's name, email and other contact details.

• Send police check invites.

The ANCC system promptly sends an invite to all the listed candidates inviting them to complete the required details for the police checking. ANCC makes it easy for the candidates through a transparent and curated link that elaborates the whole process. The applicant’s informed consent is obtained as part of the application process.

• Track the Progress

Employers can monitor the checking process through the platform. They can observe whether the candidate decides to continue with the police check or does not. The Track progress also shows how far the police checking process is, or if the applicant has been requested to provide further information.

The business or employer will usually get a completed police check result within 48 hours of applying unless the check gets referred for manual processing due to a possible match in the criminal database.

• View results

The results are released to employers, and they can now begin to assess the candidate’s police check.

When handling police check results, the employer must employ means suitable to the Privacy Act and the Human Rights Commission’s recommendations when assessing criminal records.

What is shown in the Employer police check?

Businesses and employees who apply for a police check wonder the kind of records released on the candidates' certificate. Generally, the details on a police check always relate to the purpose of the check in Australia.

An employment police check in Australia will disclose convictions that relate to the role or position of the candidate.

The details released in the police check certificate are the Disclosable Court Outcome (DCO). And the records include;

• Offences against corporate bodies,
• Sexual related offences and assaults,
• Fraud offences, especially against an organisation,
• Offences of misappropriation and embezzlements,
• Office misconducts and misbehaviours that result in a conviction,
• Driving related offences settled in court (for driving-related roles)

Good Behaviour Period in Australia

The State, through the courts, expects all offenders to abstain from violations and other offences that will lead to a conviction.

• ✔ Ten years of "crime-free period"; for a conviction by an adult court.
• ✔ Five years of "crime-free period"; for a conviction by a juvenile court.

It also follows that;

• ✔ The individual must not get another conviction within this period, or else the period restarts,
• ✔ The term of imprisonment imposed is not more than 30 months. (Should be 30 months or less),
• ✔ The conviction does not lead to a further court hearing.

Should Employers request a Criminal record from an applicant?

There are some clearly stated cases where an employee should not have certain convictions on their records. In such a case, the employer must request a police check from the applicant before hiring them.

Also, employers can request a police check certificate if it is relevant to the role or function the candidate will be performing.

Is it compulsory for the employee to disclose a Criminal record?

There is no exact law that compels the candidate to release sensitive information to the employer unless they are working in a regulated industry (e.g. aged care). The interviewer can only make do of the records that the applicant provides them through the background check.

For a sensitive role or similar roles stipulated under the legislation, the applicant must disclose their records to the employer.

An employer may refuse the applicant the role they apply for if such refusal to disclose the record will impact their positions.

How should Employers assess the Nationally Coordinated Criminal History Check result?

Ideally, the employer should have a written internal policy that reflects the laws of Australia concerning the workplace. They should also explain these policies even at the job advertisements and the records they preclude in the assessment.

Even when the applicant has “compromising” conviction records, the employer should encourage dialogue. The circumstances and the type of sentencing can reveal a mitigating factor for the offence. When assessing criminal records, employers should assess whether the criminal record will impact the inherent requirements of the job.

Why does ANCC provide police checks to approved businesses?

The core vision of Australian National Character Check (ANCC) is to improve community safety. Our organisation does this by providing timely and accurate criminal history information to individuals and decision makers.

This information is then used by decision makers to assess the suitability of a candidate prior to granting licenses, personal probity or placing them in job roles.

Australian National Character Check is one of the leading services approved by the federal government to provide Criminal History Checks.

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