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The information on this webpage is to be read in conjunction with this disclaimer:
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.
Nationally Coordinated Criminal History Checks are one of the most versatile documents of assessments in Australia.
However, all these don't make the nationally coordinated criminal history check the all-knowing or all-revealing records of Australia. The Nationally Coordinated Criminal History Check will only reveal the details of your criminal history under the Disclosure Acts of the State or Territory in the jurisdiction.
So, Yes, for those who have the question, not all your violations or offences in Australia will appear on a Nationally Coordinated Criminal History Check. Some of these that do not show up can be simple traffic violations.
The Road and Traffic laws in all States and Territories require a person handling or controlling a vehicle to have a Driver License. It is a criminal offence to drive a vehicle without a license while on Australian roads.
However, the legislation also authorises the Police or designated traffic officers to seize a license if a driver commits a severe traffic infraction or violation. Other conditions for this case are found in the various Road and Traffic laws of the States and Territories.
For severe offences, the authorised officer can seize the License until the Court rules on the matter.
Generally, license suspensions do not show in a Nationally Coordinated Criminal History Check if it was a;
However, driving or traffic offences can show up on a Nationally Coordinated Criminal History Check depending on the purpose of the check and the State or Territory's information release policies.
Traffic offences in Australia may either be settled;
Traffic matters settled on infringements are not "entered" in a Nationally Coordinated Criminal History Check or criminal record. All issues resolved with infringements notices are recorded in the;
However, all traffic offences that the court issues sentencing for will be recorded in the person's criminal records.
Minor traffic offences can be settled with infringement notices in a traffic court or immediately. If the Police or traffic officer “flag” or apprehend you for a minor traffic offence, they may issue you infringement notices. These infringement notices can be settled by paying the fines on the traffic tickets or demerit points.
However, the officer can also seize your License for a period if they;
If the Police suspend your Driver License, you will have to make alternative plans about reaching your destination.
If the Police suspend your License as part of the "immediate" penalty, you may apply for an objection in court. In court, you will have to provide all the evidence relating to the crime and argue against the Police.
After the hearing, the Magistrate will pronounce any of the following actions;
There are lots of records for all violations or offences in Australia. These records document all the actions, infractions or punishments relating to individuals in Australia.
The traffic record contains all the traffic infractions, offences and infringement notices on the Traffic database. Crimes that are disclosed in a Traffic record includes;
The Police records are special "violation records" in the Police database. It includes all violations charged by the Police.
It includes all the
The Nationally Coordinated Criminal History Check/Criminal records
It contains details of all court convictions and findings of guilt. All the Disclosable Court Outcomes (DCOs) in a criminal record are revealed in a Nationally Coordinated Criminal History Check.
The Nationally Coordinated Criminal History Check will reveal details, punishments, and sentences a court issues regarding a traffic offence. Traffic offences that are shown in a Nationally Coordinated Criminal History Check include;
A license suspension means your driving rights will be withdrawn for a period or until you meet some conditions. If your License is suspended, it will be a crime to operate another vehicle.
You must not drive another vehicle for the period of your license suspension.
There are many reasons why your License can be suspended under the legislation.
Reasons why you may get a license suspension
Your driving rights may be suspended for a period if;
If you have unsettled fines or infringement orders on your traffic records, your License will be suspended until you settle such penalties.
The demerit points system is one way to punish traffic offenders by increasing their driver's license points.
Every License has a limit to the Demerit points it can accrue. The demerit points increase as a person commits a traffic violation. When the driver reaches such a limit (usually 12 -16), their Driver's License is withdrawn for a period.
It takes at least three years for the demerit points to restart.
Driving at such speeds is the most grievous speeding offence in Australia. If an officer apprehends you driving at such speeds, they will in most circumstances seize your License pending a court decision.
The State body for regulating Road and Traffic use in Australia can suspend a person's License based on specific recommendations.
For example, the body can suspend your License if certain medical conditions affect/impair your ability to drive a car.
Your driver license can be suspended immediately if;
A License withdrawal is not the same as a License suspension. A license withdrawal means a total forfeiture of your rights to operate a vehicle in Australia. Your License will be withdrawn once your;
A License disqualification means you are precluded or exempted from owning a license for the period of the disqualification. The license disqualification is different from a suspension.
If your License is disqualified, you will need to reapply for a license after the disqualification period. Meanwhile, you can retrieve your License after a license suspension.
A Court order or verdict only issues a license disqualification.
It is a severe offence to operate a vehicle without a license (driving unlicensed). It doesn't matter if the License is contested in court or temporarily suspended. Driving without a license can either be settled through infringement notice or in court.
An Australian Court can impose penalties of up to 5 years for driving without a license. If the court convicts you of this offence, it will appear on your Nationally Coordinated Criminal History Check.
Yes, aside from the fact that you will be unable to operate a vehicle for the duration of the suspension, there are many determinants for a license suspension.
License suspensions can affect you in;
Employers will require your Nationally Coordinated Criminal History Check or other traffic records if the role involves driving. You might not get a driving related role if you had multiple license suspensions. For example, a sound driving record may be considered an inherent requirement for a job when assessing criminal records for the purpose of driver licensing and accreditation.
A previous license suspension can count against you in a further court proceeding. The Police can use your traffic record to prove a person's irresponsibility or penchant for disregarding the law.
The Court can issue the harsher license disqualification if a driver gets too many “license suspensions”.
If a driver keeps re-offending in traffic-related infractions, the court can order a disqualification or withdrawal of their License.
Individuals
If you are an individual then you can obtain a nationally coordinated criminal history check certificate online via Australian National Character Check's online Nationally Coordinated Criminal History Check application form. The results are dispatched via email.
Business and Enterprise Customers
Business and Enterprise customers are able to sign up to ANCC's business portal where they can order, manage, track and view candidates' Nationally Coordinated Criminal History Check results on their business portal. Organisations will undergo a process for approval prior to being granted access to ANCC's business portal.
ANCC sends an invite to the applicant to complete their Nationally Coordinated 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.
Legal Aid Queensland (License Disqualification) - https://www.legalaid.qld.gov.au/Find-legal-information/Cars-and-driving/Licence-disqualification
Law Access NSW (Driving and Criminal Records) - https://www.lawaccess.nsw.gov.au/Pages/representing/driving_offences_and_crime/driving_and_crime_after_court/driving_and_criminal_records.aspx
Legal Aid Victoria (Criminal Records) - https://www.legalaid.vic.gov.au/find-legal-answers/going-to-court-for-criminal-charge/possible-outcomes-for-criminal-offences/criminal-records
Legal Aid Western Australia (Disqualification or Cancellation of License) - https://www.legalaid.wa.gov.au/find-legal-answers/cars-and-driving/drivers-licences/disqualification-or-cancellation-licence
The content on this website is communicated to you on behalf of Australian National Character Check™ (ANCC®) pursuant to Part VB of the Copyright Act 1968 (the Act).
The material in this communication may be subject to copyright under the Act. Any further reproduction of this material may be the subject of copyright protection under the Act.
You may include a link on your website pointing to this content for commercial, educational, governmental or personal use.
The contents of this website do not constitute legal advice and should not be relied upon as a substitute for legal or professional advice.
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About ANCC
ANCC® enables individuals and approved legal entities to apply for a nationally coordinated criminal history check, which is commonly referred to as a nationally coordinated criminal history check. The nationally coordinated criminal history check is valid all over Australia and can be used when applying for Employment, Probity, Licencing, or Commonwealth check purposes. Get discount employment background checks online. We beat prices!
Helped of customers and counting.
Danny
Business portal user
"A reliable online platform to get nationally coordinated criminal history checks."
Vicki
Individual applicant
"For someone not very tech savvy, I found this to be very easy to get my nationally coordinated criminal history check."
Bec
Individual applicant
"Clear, and precise directions and requests allowing the information required to be supplied and/or uploaded. Prompt and professional responses."
Steve
Business portal user
"Very detailed and covers all avenues regarding the applicant. Perfect for any job application."
Rosalba
Individual applicant
"Cost effective, super fast, efficient processing of applications. Excellent service."
Renato
Business portal user
"Very objective and clear to what is required and plenty of options to choose for available support documents."
Ron
Business portal user
"A highly efficient service with a simple online facility. A highly recommended service."
Sharon
Individual applicant
"The form was very clear and feedback on errors very quick. Thank you ANCC."
Not sure where to start?
Book in a free consultation with us to discuss your organisation's employment background check needs, or to get an overview of the ANCC Business Portal.
Need discount employment background checks? We beat prices!
About ANCC
ANCC® enables individuals and approved legal entities to apply for a nationally coordinated criminal history check, which is commonly referred to as a nationally coordinated criminal history check. The nationally coordinated criminal history check is valid all over Australia and can be used when applying for Employment, Probity, Licencing, or Commonwealth check purposes. Get discount employment background checks online. We beat prices!
Helped of customers and counting.
Danny
Business portal user
"A reliable online platform to get nationally coordinated criminal history checks."
Vicki
Individual applicant
"For someone not very tech savvy, I found this to be very easy to get my nationally coordinated criminal history check."
Bec
Individual applicant
"Clear, and precise directions and requests allowing the information required to be supplied and/or uploaded. Prompt and professional responses."
Steve
Business portal user
"Very detailed and covers all avenues regarding the applicant. Perfect for any job application."
Rosalba
Individual applicant
"Cost effective, super fast, efficient processing of applications. Excellent service."
Renato
Business portal user
"Very objective and clear to what is required and plenty of options to choose for available support documents."
Ron
Business portal user
"A highly efficient service with a simple online facility. A highly recommended service."
Sharon
Individual applicant
"The form was very clear and feedback on errors very quick. Thank you ANCC."
Not sure where to start?
Book in a free consultation with us to discuss your organisation's employment background check needs, or to get an overview of the ANCC Business Portal.
