Criminal Checks in Australia FAQs

Criminal Checks in Australia FAQs

What is the National Police Checking Service and the Australian Federal Police?

The Australian Criminal Intelligence Commission (‘ACIC’) is the government agency that manages a national database of police information and through which all National Criminal Checks in Australia are undertaken. The National Police Checking Service (NPCS) is managed by the ACIC.

The National Police Checking Support System (NSS) is used by all Police Agencies and brokers, including the NPCS and the Australian Federal Police (‘AFP’). The AFP is Australia’s national policing agency that has jurisdiction for Commonwealth crimes and covers the Australian Capital Territory, and it also offers a National Criminal Check service.

HireRight can obtain Criminal Checks through both the AFP and the NPCS.

Accredited Bodies such as HireRight AU, approved by the ACIC, are subject to an extensive accreditation process, as well as audits. A similar level of compliance is required by HireRight’s clients to ensure the ACIC’s requirements are maintained.

What is a NPCS Criminal Check and an AFP Criminal Check and what are the differences and similarities between the checks?

There are two main methods of undertaking a criminal check in Australia; one via the NPCS and the other is through a Police Agency. HireRight offers these checks via one of the two Australian authorities as follows:

1. National Police Checking Service (NPCS)

2. Australian Federal Police (AFP)

The two authorities search the same records and offer the same general scope of check. The checks undertaken via the NPCS cost less and are quicker than those undertaken via the AFP. However, the NPCS has stricter requirements than the AFP regarding the identity documents candidates need to provide to have a check run; furthermore, the ACIC must approve for the employer or organisation to enter into a separate Terms of Use Contract with HireRight prior to commencement of any non-individual checks. The AFP criminal check is therefore best suited for checking criminal records of candidates who have an Australian address history but are not Australian citizens or residents.

Organisations who want to order NPCS checks must meet specific requirements as follows:

• Have a registered Australian entity (i.e., has an entity incorporated or established under the law of Australia and is either registered with the Australian Securities & Investments Commission or the Australian Business Register)

• Will be hiring candidates into roles based in Australia

• Sign the ACIC Terms of Use contract where applicable

• Adhere to ACIC requirements relating to the use, storage and deletion of records and information relating to criminal checks.

More information on the differences between the AFP and the NPCS Criminal Check HireRight offers is available on request.

How will I know when a Criminal Check is ready?

For HireRight customers ordering Criminal Checks:

When the processing authority completes the criminal check, the check results will be provided back to HireRight. HireRight will ensure the results of the check are included as part of the candidate background screening report within your HireRight account for you to view. You will receive a notification that the check has been completed, and results can be accessed via your account on our HireRight Global platform. You will be able to view the closing status and check results even if other elements of the candidate’s background check are pending.

How long is a Criminal Check valid for?

Both the NPCS and AFP criminal Checks are ‘point in time’ checks, meaning the result returned is only accurate at the date of issue of the certificate/report. Additionally, the requirements or purpose of a criminal check can determine the length of time that the result is acceptable beyond the date of the report/certificate. If you are unsure if a Criminal Check certificate/report is valid for a particular purpose, HireRight customers should seek guidance from the governing body, and candidates should seek guidance from their employer or organisation requiring the check.

Why are there different types of Criminal Checks available?

Both with the NPCS and the AFP, the Criminal Checks are undertaken based on the candidate’s role or purpose. To support our customers with their compliance requirements, we have pre-defined some of these purposes to ensure the accurate vetting of records is based on the requirement of the check.

These purposes are represented as different types of checks on HireRight Global, including those for:

• General Employment

• Compliance with regulatory bodies such as APRA

• Licencing requirements such as gaming and financial services licencing (ASIC); and

• Working with specific groups, such as vulnerable persons (non-Working with Children Check and non-NDIS Worker Check regulated roles)

Is the fee and turnaround time the same for all types of Criminal Checks?

Yes, the fee and turnaround time for all types of Criminal Checks are the same. The variation in fee and turnaround time only exists between the two primary delivery services to source Criminal Checks, the AFP and the NPCS. This does not apply to volunteer checks where applicable, as these are provided at a lower cost by the NPCS.

Criminal Check Requirements

Do the requirements to undertake the various types of Criminal Checks vary?

Each type of Criminal Check has a specific online form that needs to be completed by the candidate in order to undertake the check. The forms specify the type of Criminal Check by outlining the purpose of the check. In addition to this form, an individual’s identity must be checked in order to process the Criminal Check.

What are the ACIC identity requirements for candidates undergoing a NPCS Criminal Check?

Candidates undergoing a NPCS Criminal Check must provide ID documents as detailed below. HireRight then collects, sights, links, and verifies the legitimacy of the claimed identity prior to the NPCS undertaking any Criminal Check. The NPCS requires FOUR pieces of identification to be able to process a check, as well as linkage between the candidate and their ID documentation. The combination of identity documents must contain the following:

• Each piece of ID must detail the candidate’s name.

• At least one of the ID documents provided must contain the candidate’s date of birth.

• At least one of the ID documents provided must contain a photograph of the candidate.

Below is a guide as to which ID documents are accepted. If the candidate cannot meet the ID requirements, please contact us at 1300 218 191 or via email at customerserviceaustralia@hireright.com.

Commencement of Identity Document

The candidate will need to provide one document from the following Commencement of Identity Document list. The objective of collecting this type of ID document is to establish the candidate’s commencement of their identity in Australia. For Australian citizens, this is normally demonstrated by a Birth Certificate, and for foreign nationals, this is demonstrated through their documented arrival in Australia.

• Full Australian birth certificate or authorised Record of Birth (not an extract or birth card).

• Current Australian passport (not expired; however if a secure third-party identity verification system is used to verify the passport, it may be up to three years expired.)

• Australian visa current at time of entry to Australia as a resident or tourist, and this must be supported by a foreign passport, for verification purposes.

• ImmiCard issued by Department of Home Affairs to assist visa holders to provide evidence of their Commencement of Identity in Australia.

• Australian Citizenship Certificate.

If you are unable or prefer not to complete electronic identify verification, alternative verification methods may be available. Please contact support for assistance.

Primary Use in Community Document

The candidate will need to provide one document from the following Primary Use in Community Document list. The objective of collecting this type of ID document is to obtain evidence of the candidate’s participation in the Australian community as well as linking that evidence to the claimed identity, which can be achieved by them providing an ID document that is also a photo identity document.

• Australian driver’s licence, learner permit, or provisional licence issued by a state or territory, showing a signature and/or photo.

• Australian passport (if a secure third-party identity verification system is used to verify the passport, it may be up to three years expired). This can only be used as a Primary use in the community document if it has not already been provided as a Commencement of Identity document.

• ImmiCard issued by the Department of Home Affairs to assist visa holders to provide evidence of their Commencement of Identity in Australia.

• Passport issued by a country other than Australia with a valid entry stamp or valid visa or equivalent.

• Proof of age or photo identity card issued by an Australian Government agency which shows the name, date of birth, signature and photo of the individual.

• For persons under 18 years of age with no other Primary Use in Community Documents, a current student identification card with a signature or photo.

Secondary Use in Community Document

The candidate will need to provide two documents from the following Secondary Use in Community Document list. The objective of collecting this type of ID document issued by a range of professional bodies or institutions is to provide an added level of assurance by further demonstrating the use of the candidate’s identity within the community.

• Certificate of identity issued by DFAT to refugees and non-Australian citizens for entry to Australia.

• Document of identity issued by DFAT

• Convention travel document secondary (United Nations) issued by DFAT

• Foreign government issued documents (for example, driver’s licence) Documents in languages other than English must be accompanied by a NAATI (National Accreditation Authority for Translators and Interpreters) accredited translation

• Medicare card

• Enrolment with the Australian Electoral Commission

• Security guard/crowd control photo licence

• Evidence of right to an Australian government benefit (Centrelink or Department of Veterans’ Affairs)

• Consular photo identity card issued by DFAT

• Police Force Officer photo identity card

• Australian Defence Force photo identity card

• Photo identity card issued by the Australian Government or a state or territory government (this may take the form of a Working with Children/Vulnerable People Card or a government occupational licence)

• Aviation Security Identification Card

• Maritime Security Identification card

• Credit reference check

• Australian tertiary student photo identity document

• Australian secondary student photo identity document

• Certified academic transcript from an Australian university, secondary school, TAFE or registered Training Organisation

• Trusted referees report (the referee providing the report must know the applicant)

• Firearms licence

• Bank card, credit card (without recording the payment card number/s), documents from foreign banks or institutions are not accepted

• Tax File Number in the form of an assessment notice, statement of account or tax file number issue letter, document provided must include the Government letterhead

Linking the candidate to their identification documents:

In order for us to process an application with the NPCS, we must link the candidate with their photo ID.

To perform this linkage, we will visually compare the candidate’s face against the photograph on one of the identity documents they have provided. The most widely used way of carrying out this linkage is to have the candidate provide a ‘linkage photo’.

We therefore need the candidate to:

1. Hold up their photo ID next to their face

2. Take a close-up photo or “selfie” of their face with their photo ID held up next to it

3. Ensure we can see the candidate’s face and the details on their photo ID clearly in the photo that is uploaded

4. Make sure no details on the ID are covered or cut off

5. Ensure the image is of high resolution If the candidate is unable to provide this linkage photo, please contact us for an alternative method at 1300 218 191 or via email at customerserviceaustralia@hireright.com.

What are the AFP identity requirements for candidates undergoing an AFP Criminal Check?

Candidates undergoing an AFP criminal check must provide ID documents that equal or exceed 100 points as defined by the Australian Government. For example, providing any passport (70 points) and an Australian driver’s licence (40 points) achieves the 100-point threshold requirement. The AFP 100 Point Checklist is available here.

Are expired forms of ID acceptable?

The use of expired forms of identification is being phased out by the Australian Government; therefore, the ACIC does not accept expired ID documents, with some exceptions to passports. The ACIC’s position is that this decision strengthens the safety of the Australian community through the protection of individual’s identity documentation, as well as supporting the longer-term national security agenda to improve identity resolution. It also strengthens assurances for both the ACIC and the accredited body that the identity document is not being used fraudulently. The AFP still accepts Australian passports that have expired within the past two years (although cannot be cancelled); however, all other types of ID provided as part of a criminal check application must be current.

What if the ID document requirements can’t be met by the candidate– is there an alternative?

Additional measures have been put in place for candidates who may be unable to meet the identity document requirements when submitting their Criminal Check form. In these cases, HireRight will work with specific candidates and assist them to provide the unique collection of ID documents that the NPCS deems as a satisfactory alternative and enables us to undertake the Criminal Check. If this applies, please contact us at 1300 218 191 or via email at customerserviceaustralia@hireright.com.

Can individuals under 18 years old get a Criminal Check?

Yes, individuals under the age of 18 can obtain a Criminal Check with the signed consent of a parent/guardian. Please contact HireRight at 1300 218 191 or via email at customerserviceaustralia@hireright.com for further information.

What are the eligibility requirements for organisations ordering Criminal Checks?

Organisations who want to order NPCS checks must meet the following eligibility requirements:

• Have an Australian entity incorporated or established under the law of Australia and either registered with the Australian Securities & Investments Commission or the Australian Business Register

• Will be hiring candidates into roles based in Australia

• Sign the Terms of Use contract

• Adhere to requirements relating to the use, storage, and deletion of records and information relating to criminal checks as set out in the Terms of Use contract or otherwise.

There are no specific eligibility requirements for organisations who want to order AFP criminal checks.

Criminal Check Process

What is the process for undertaking a criminal check in Australia?

Once the required candidate information and consent has been received by HireRight the check will be processed as follows:

• HireRight will review the information & identity documents provided for thoroughness to ensure the criminal check can be processed efficiently

• HireRight will submit the Criminal Check to the NPCS or the AFP, depending on the authority through which the check will be undertaken

• The personal information of the individual will be automatically checked against a national database held by the NPCS) for Persons of Interest

• This results in an outcome of either:

1. No match (‘No Disclosable Court Outcomes’). The Criminal Check Certificate/Report will be made available within the hour* where this check was undertaken through the NPCS or 1 to 3 working days where this check was undertaken through the AFP; OR

2. The check will be referred for further investigation and may take up to 15 working days to receive a result (see next question, How long does a Criminal Check take?)

*Timeframe is within business hours and does not take into account delays caused by unavailability of the National Police Checking Service Support System (NSS) system or any other system outages.

How long does the check take?

Most checks (approximately 70-80%) are instantaneous or returned within minutes of HireRight submitting the request, where these are undertaken through the NPCS. Requests undertaken through the AFP take 1 to 3 working days for initial results.

Approximately 20-30% are referred for further investigation (also known as ‘further enquires’ – (see next question, What does it mean if a check is under Further Investigation/Further Enquiries?)

What does it mean if a check is under Further Investigation/Further Enquiries?

Checks subject to further investigation/further enquiries have automatically matched against a national database of names held by the NPCS) for Persons of Interest.

At this point, the NPCS/AFP releases the request to relevant state jurisdictions that the initial match has been linked to. The relevant state will determine whether the match relates to the individual and/or whether the information can be released under information release policies (such as spent convictions legislation).

Importantly, delays in results being returned does not mean that there is releasable police information. Many checks that are subject to further investigation/further enquiries return a ‘No Disclosable Court Outcomes’ result once vetted by the relevant police jurisdiction.

Why do some checks take extra time to process?

There are many reasons as to why some checks take longer than others to process, which can include:

• The candidate having a common name, or a name that matches with many potential Persons of Interest on policing systems

• Old Police History being associated with a possible match that requires manual collection and processing of hardcopy records

• The relevant police agency having inaccurate or incomplete records which need to be investigated before the check can be finalised

• Transferring information between the various state and territory police agencies before the information can be vetted and/or released; and/or

• Workloads within each police agency.

How can I speed up the process?

There are limited ways to speed up the check process, unless your check falls in one of the three categories listed below:

1. Specialist skills or an emergency/disaster situation;

2. Political or medical reasons; or

3. Child-related processes including adoption and/or the emergency placement of a child. In these instances, HireRight can log the request as an urgent request. In some cases, it may also be possible to apply to the NPCS or the AFP to expedite the check. Please contact us on customerserviceaustralia@hireright.com if applicable.

How long will HireRight retain documentation relating to checks run via either the NPCS or AFP?

The NPCS requires that HireRight retains the application, informed consent forms and identity documents for NPCS checks for a minimum of 12 months and no longer than 15 months. However, it should be noted that a NPCS check is a point in time record. As such, HireRight is not permitted to provide you or any third party access to, or a copy of, the results of the NPCS check or the relevant certificate after 3 months have passed since issuance by the NPCS, except where required by Law or with the prior written consent of NPCS.

The AFP requires that the original application form completed by the applicant be retained for a minimum period of three years from the date the form was completed. Check results should not be retained any longer than required for the purpose for which they were undertaken.

Check Results

What kind of result can be expected? What kind of convictions/offences are returned?

A NPCS and AFP Check will reveal Disclosable Court Outcomes from police records in all Australian states and territories, subject to applicable spent conviction legislation and information release policies in the relevant jurisdiction. (See the question directly below for more information on “Spent conviction legislation”

A Check may return:

No Disclosable Court Outcomes (NDCO)

• No Police Information held against the applicant; OR

• No Releasable Police Information that can be released according to the purpose of the check, spent convictions legislations and/or information release policies (see What is the Spent Convictions Scheme?)

Disclosable Court Outcomes (DCO)

Police Information that is in line with information releasing policies and the purpose of the check which may include:

• Charges

• Court convictions, including penalties and sentences

• Findings of guilt with no conviction

• Court appearances

• Good behaviour bonds or other court orders

• Matters awaiting court hearing; and/or

• Traffic offences.

Information released will vary considerably between Australian state jurisdictions.

The above information is as provided on the NPCS website.

What is the Spent Convictions Scheme?

The aim of the Spent Conviction Scheme (“the Scheme”) is to prevent discrimination on the basis of certain previous convictions. Spent convictions legislation limits the use and disclosure of older, less serious convictions and findings of guilt. Each Australian police agency will apply the relevant Spent Convictions legislation/information release policy relevant to its jurisdiction prior to the disclosure of Police Information, which means spent convictions schemes vary between states. Depending on the purpose for the check, spent convictions for certain offences may be released where the police jurisdiction deems the disclosure of the information permissible in accordance with the legislation and information release policies in the state or territory.

Due to the Scheme and depending on the purpose (role) of the Check being undertaken, candidates and clients should both be aware that candidates do not necessarily need to declare all of the offences that may be in their background.

Can a Check result be used to apply for other jobs?

Both NPCS and AFP checks undertaken are specific for the intended purpose, and the relevant police jurisdiction vetting the results make determinations on releasable information based on the specific reason a check is being undertaken. For example, information releasable for an individual undertaking a Check for nursing purposes varies from releasable information for an individual undertaking a Check for an office-based role with no exposure to vulnerable persons. This means that the Check results are specific to that particular role, in that organisation and should not be used to apply for other jobs or roles.

Do I get a copy of the Check result?

For HireRight customers ordering Checks:

Yes, your organisation will receive a copy of the check result. When the police authority completes the check, they will provide the check results to HireRight. HireRight will update and add the results of the check into the candidate specific background screening report within your HireRight account for you to view. It should be noted that this check is a point in time check and where results are provided by the NPCS access to the results and any supporting documents is limited to 3 months. Customers will receive a copy of the certificate provided by the NPCS in the candidate’s report. For customers placing AFP checks, you will need to indicate in account setup if you require a copy of the certificate provided by the AFP, there is an additional cost for this service.

For candidates undergoing a check:

For checks undertaken through the NPCS, the candidate will be automatically provided with a copy of their NPCS Check result where a Disclosable Court Outcome (match) is reported, in line with the ACIC’s requirements. This does not apply to “clear” results (i.e., where there is no Disclosable Court Outcome or match identified) and is in place to provide the candidate with an opportunity to dispute the result if they believe it contains an error. For checks undertaken through the AFP, candidates are not automatically provided with a copy of their check result. However, all candidates have the right to access information held about them by making an access request to HireRight via dpo@hireright.com.

Disputing the Results of a Check

Can information provided on the NPCS Check certificate (Disclosable Court Outcome or “DCO”) be disputed?

Yes, the information can be disputed by the candidate, in line with the established dispute processes of the NPCS. Instructions for candidates are provided below:

An appeal or dispute occurs when an applicant believes the result of their nationally coordinated criminal history check is incorrect. Incorrect check results may occur for a range of reasons. Instructions & guidance below:

• HireRight AU Pty Ltd will facilitate the dispute on your behalf. You should provide as much information as possible, including any documents that support your claim. You will be asked to outline the reasons for the dispute and provide documentation to support your claims. Supporting evidence may include a copy of a court order, additional and/or correct address(es) you were residing at the time of the alleged offence, other names you have been known as, etc.

• HireRight AU Pty Ltd will lodge your dispute into a national database for further investigation.

• The police agency/ies responsible for the release of information on your check result will investigate the dispute and determine an appropriate outcome. The police agency/ies may request further information to support their investigation.

• Once the dispute has been concluded, the accredited body or police agency/ies will be advised of one of the following outcomes:

• Successful dispute outcome - The dispute has been successful, and the check result will be amended.

• Unsuccessful dispute outcome - The dispute has been unsuccessful, and the result will remain the same. You may challenge this outcome and additional documentation may be collected to support the challenge.

• HireRight AU Pty Ltd is responsible for advising you of the dispute outcome.

Note: Due to privacy concerns, HireRight AU Pty Ltd may not be provided with specific detail about why the dispute was unsuccessful.

Candidates are provided a copy of their NCCHC before it is released to our client to give the candidate an opportunity to dispute the check result if required.

Please email customerserviceaustralia@hireright.com to start the dispute process or call HireRight’s Australian Team at 1300 218 191 if you require assistance.

Can the information on the AFP Certificate be disputed?

Yes, the information can be disputed by the candidate. Instructions for candidates are provided below.

You can dispute the information contained in your AFP certificate, such as any matches that have been returned. If you have obtained a copy of your AFP certificate and do not agree with the results of your check, please follow the instructions & guidance below.

• Download and complete the following AFP Disputed Record Form located here.

• Please ensure that all required sections are completed accurately, using the below instructions/guidance:

Complete Section One – Applicant Details:

• Provide all basic personal details such as your current given name, all given names, date of birth, gender, and contact phone numbers

• Provide your Australian drivers licence number and issuing state

• Provide your HireRight background checking reference number as displayed on the AFP certificate (e.g., “AFP Dispute – John Smith – CR00128”); and

• Provide your current residential address.

Complete Section Two – Criminal record information in dispute:

• In the text box, outline the reasons for disputing your criminal record.

• Information must include details of the offences and/or information in dispute including arrest name, court, court date and outcome.

• If available, please also provide supporting documents/evidence to enable the AFP to assess your application. Documents may include copy of court order, additional addresses you were residing at the time of the alleged offence etc.

• Sign and date.

Email customerserviceaustralia@hireright.com with the following:

• Completed AFP dispute form

• One piece of photo ID (preferably one already provided to HireRight that enabled us to link you and your ID documentation). We recommend you encrypt any supporting documentation containing personal or sensitive information submitted with the dispute form.

• Any supporting documentation to assist with the dispute case (as referenced in Section 2 of this form).

• In the subject line of the email, include your name and your HireRight background checking reference number as displayed on the AFP certificate (e.g., “AFP Dispute – John Smith – CR00128”).

Our team will review the completed form and supporting documentation provided, if any, and reach out to you for any clarification and/or additional information, if required.

Once we submit the dispute to the AFP, we will send a confirmation email to you and to our customer.

The AFP generally takes up to two weeks to provide an outcome of the submitted dispute. You and our customer will be notified of the outcome.

In the event your background check report requires an update, this will be completed, and the background check report re-released with any new information.

If you have any questions, or require assistance with completing the AFP dispute form, please contact HireRight’s Australian Team at 1300 218 191 or via email at customerserviceaustralia@hireright.com.

More Information

Where can I get more information on these checks?

You can contact our Australian team at 1300 218 191 or via email at customerserviceaustralia@hireright.com.

These materials are provided for general informational purposes. They are not intended to be comprehensive and should not be construed as legal advice. HireRight does not warrant any statements in these materials. HireRight’s products and services are provided under the terms and conditions of HireRight’s screening services agreement and any applicable product-specific addenda, and pursuant to HireRight policies, guidelines and procedures.

Please contact HireRight for more information. HireRight’s private investigation licenses can be found at: https://www.hireright.com/legal/license-information/