The amount of employers performing background checks on future candidates is on the rise. Now more than ever organisations are conducting criminal history checks as a proactive part of their risk management process.
There has been an increase year on year of the number of Police Checks conducted since 2004, with an increase of nearly 6% conducted just in 2014–2015 compared to the previous year. “3.9 million National Police Clearances were processed in Australia in 2014–2015.”
This information can be extremely helpful in evaluating business risk and uncovering any possible warning signs with existing or potential employees. Background screening is often conducted by searching through various government databases, registers and other sources to confirm the true identity of the person and any previous criminal records.
What is National Police Clearance?
National Police Clearance—commonly referred to as a National Police Check, is a document that contains a list of a persons disclosable court outcomes and pending charges. This information is obtained from the databases of all Australian police jurisdictions, through controlled access to disclosable police history information held by the Australian Criminal Intelligence Commission (ACIC).
A National Police Check is an official document issued from the result of a background check by the police or government agency to compute any criminal records that the applicant may have. These criminal records may include arrest, conviction, and possibly criminal proceedings.
There are certain convictions, such as spent or juvenile convictions, that may not be disclosed on the police clearance in line with the legislation and policies of the different police jurisdictions.
What does a National Police Check contain?
The check contains outcomes of guilt from any Australian state or territory. The police check result extends wider than a court conviction. It includes any:
- Admission of guilt.
- Good behaviour bonds.
- Community-based orders, and/or suspended sentences.
The National Police Check will also include traffic infringements involving any type of convictions, such as drink driving, drug driving or excessive speeding, your current standing sentences and penalties as well as pending or ongoing court hearings. The National Police Check is current as of the date of issue, therefore has no period of validity.
What won’t a criminal record contain?
Generally, a criminal record will not include any findings of incomplete or dropped charges, traffic infringements that don’t involve convictions (such as fines), overseas convictions, matters prosecuted by other authorities.
Spent convictions legislation
Employers should also be aware of legislation regarding ‘spent’ convictions. ‘Spent’ convictions are items that can officially be hidden or removed from a person’s record. Convictions that could be treated as spent are typically older or less serious convictions and findings of guilt.
This legislation was put in place to assist individuals with a criminal record by providing them with a means of ‘moving on’ with their lives.
A criminal history check will contain any findings of guilt unless it is treated as ‘spent’. This means an individual may take steps to remove spent convictions by submitting an application to have these items regarded as ‘spent’.
As an employer it is important to know that if the criminal record is requested for an exempt purpose, such as those listed below, then spent findings related to that purpose may be revealed.
- Teaching
- Carer
- Insurance
- overseas visa; and licensing and registration
Exactly what is revealed depends on state and federal legislation. For example, a ‘Working with Children Check’ will contain an exemption for spent findings relating to children.
Conclusion
A National Police Check adds significant value to employment applications, and helps organisations have a clear understanding of the candidate’s background. The checks also reduce the risk of serious workplace issues, such as employee fraud and can alleviate safety concerns.
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