Labour hire Nationally Coordinated Criminal History Checks

Labour hire refers to hiring workers through a third-party agency instead of hiring them directly. In Australia, labour hire is regulated by state and federal legislation, including the Fair Work Act 2009 (Cth) which provides a framework for labour-hire workers' employment conditions, such as minimum wage, leave entitlements, and protection against discrimination.

The labour-hire company pays workers' salaries, superannuation, and workers' compensation, while the host company is responsible for providing a safe work environment. Labour hire workers typically have the same rights and entitlements as employees.

The requirements for working in a labour-hire company in Australia vary depending on the work performed. However, some common conditions include legal eligibility, suitable qualifications, health and safety consideration, and availability. In recent years, a criminal background check is becoming a required component of labour hire.

A Nationally Coordinated Criminal History Check in Australia is a background check that provides information about a person's disclosable criminal history. The Nationally Coordinated Criminal History Check provided by ANCC is formally referred to as a nationally coordinated criminal history check (NCCHC). ACIC works with police agencies and accredited bodies to make the service accessible. A Nationally Coordinated Criminal History Check usually returns information about an individual's criminal record, including convictions or charges.

Labour hire companies in Australia may require Nationally Coordinated Criminal History Checks for several reasons, including:

• ✔ Legal requirements: Some industries and types of work, such as working with children or vulnerable populations, may require a Nationally Coordinated Criminal History Check by law.
• ✔ Safety: A Nationally Coordinated Criminal History Check may help ensure the safety of the workers, the host company's employees, and the public by screening out individuals with a history of criminal activity.
• ✔ Trust: A Nationally Coordinated Criminal History Check can demonstrate to the host company that the worker is trustworthy and reliable and help build confidence in the worker's suitability for the job.
• ✔ Reputation: By requiring Nationally Coordinated Criminal History Checks, labour-hire companies can demonstrate their commitment to providing a safe and trustworthy workforce and help protect their reputation.
• ✔ Compliance: Requiring Nationally Coordinated Criminal History Checks can help labour-hire companies comply with relevant laws and regulations and reduce the risk of legal liability in case of incidents involving the worker.

If you're seeking employment in a labour-hire company, here are the steps to getting a Nationally Coordinated Criminal History Check for recruitment.

You can apply for the Nationally Coordinated Criminal History Check through an ACIC-accredited body or a police agency. Most applications are online and involve filling out a form and providing application details like your name, address, date of birth, the purpose of the check and other required information. You'll also have to upload three identification documents. They are:

• ✔ One commencement of ID document
• ✔ One primary use in community documents
• ✔ One secondary use in community documents
• ✔ A biometric link to confirm your claimed identity

You also have to pay the fee. Different providers are free to set different rates. For example, the Australian National Character Check (ANCC) - one of Australia's leading bodies - charges an affordable $52.90 + GST per Nationally Coordinated Criminal History Check.

After applying, the accredited body or police agency looks through your details and identification documents to ensure their validity. Then they send your application to the National Police Checking Service Support System (NSS).

The NSS runs a name-matching algorithm to pull out a potential matching criminal record. The system instantly returns a 'no disclosable court outcome (NDCO)' if it doesn't find one. However, if it does, the system sends the details to the appropriate police agencies for further verification.

This is a manual process, and the police agency verifies that the record truly belongs to the application. After that, they apply the spent conviction scheme and information release policies to determine which criminal records are releasable on the Nationally Coordinated Criminal History Check certificate before sending back the final result.

Once the police agency or accredited body gets the result, they'll generally notify you.

Yes, in Australia, an individual must provide informed consent before a Nationally Coordinated Criminal History Check can be conducted. This means that the individual must voluntarily agree to the Nationally Coordinated Criminal History Check and provide the necessary personal information and identification documents. Before consenting to a Nationally Coordinated Criminal History Check, an individual should be informed about the purpose, how the information will be used and disclosed and any rights they have concerning the Nationally Coordinated Criminal History Check and their data.

The validity of a Nationally Coordinated Criminal History Check depends on the type of check and the requirements of the host company. Some Nationally Coordinated Criminal History Checks are valid for a specific period, while others are considered current at the time of issuance. Most labour-hire companies will not accept a Nationally Coordinated Criminal History Check that is older than three months and will require one annually thereafter.

Suppose a Nationally Coordinated Criminal History Check reveals a criminal history. In that case, the labour hire and host company will assess the information and determine if the offence is relevant to the worker's suitability for the job. In some cases, the worker may be disqualified from employment, while in others, they may be able to provide additional information or evidence to support their suitability.

ANCC offers world-class background checking services for individuals and businesses in the labour-hire sector. Whatever your needs are, we've got you covered. Check out our portals to see our offer to you:

Are you looking for employment in a labour-hire company? Chances are you need a Nationally Coordinated Criminal History Check. ANCC's portal makes it easy for you to seamlessly order and track a police check at an affordable rate. Relax while we get your check result back to you in the shortest possible time. Nationally Coordinated Criminal History Checks can be obtained anywhere in Australia including a national Nationally Coordinated Criminal History Check in SA or any other state or territory.

HR managers in labour-hire companies can now rely on ANCC's business portal to manage bulk Nationally Coordinated Criminal History Checks. Our portal allows you to order, track, and monitor multiple Nationally Coordinated Criminal History Checks in real-time, making it easier to make sound hiring decisions. All businesses are subject to a process of approval prior to being granted access to ANCC Business Portal.