Labour hire police 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 police check in Australia is a background check that provides information about a person's disclosable criminal history. The police 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 police check usually returns information about an individual's criminal record, including convictions or charges.

Labour hire companies in Australia may require police checks for several reasons, including:

• ✔ Legal requirements: Some industries and types of work, such as working with children or vulnerable populations, may require a police check by law.
• ✔ Safety: A police 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 police 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 police checks, labour-hire companies can demonstrate their commitment to providing a safe and trustworthy workforce and help protect their reputation.
• ✔ Compliance: Requiring police 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 police check for recruitment.

You can apply for the police 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 four identification documents. They are:

• ✔ One commencement of ID document
• ✔ One primary use in community documents
• ✔ Two 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 police 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 police 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 police check can be conducted. This means that the individual must voluntarily agree to the police check and provide the necessary personal information and identification documents. Before consenting to a police check, an individual should be informed about the purpose, how the information will be used and disclosed and any rights they have concerning the police check and their data.

The validity of a police check depends on the type of check and the requirements of the host company. Some police 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 police check that is older than three months and will require one annually thereafter.

Suppose a police 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 police 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. Police checks can be obtained anywhere in Australia including a national police 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 police checks. Our portal allows you to order, track, and monitor multiple police 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.