A criminal record check, often called a police check or national police certificate, acts as a handy tool for numerous employers, volunteer groups, and government bodies throughout New South Wales (NSW) and all over Australia. These checks reveal a person’s criminal past, aiding organisations in making smart choices about hiring, licensing, and beyond.

However, understanding exactly what information is disclosed on a NSW police check can be confusing. This comprehensive guide will break down the types of criminal history that may appear on a check, how long different offences remain on your record, and the potential implications for employment and other purposes. By the end, you’ll have a clear understanding of what to expect when undergoing a national criminal history check in NSW.

Understanding the NSW Police Check Process

The NSW Police Check, also known as a National Police Check (NPC), is a crucial process that provides a comprehensive overview of an individual’s criminal history in Australia. This check is often required by employers, volunteer organisations, and government agencies to ensure the suitability and integrity of potential employees, volunteers, or applicants for various positions of trust.

Types of Police Checks Available in NSW

There are two main types of police checks available for NSW residents:

1. Name and Date of Birth Check: This is the most common type of police check. It involves searching national police databases using the applicant’s name and date of birth. The current cost for this check is $55.80 (GST-free).
2. Name, Date of Birth, and Fingerprint Check: This more comprehensive check involves comparing the applicant’s fingerprints against national police records in addition to the name and date of birth search. This type of check is usually required for certain employment sectors, visa applications, or adoption processes. The current cost for this check is $211.10 (GST-free).

It is the applicant’s responsibility to determine which type of check is required for their specific purpose before submitting an application, as fees are non-refundable and the application type cannot be changed once submitted.

How to Apply for a National Police Check in NSW

The application process for a National Police Check in NSW is straightforward and can be completed online:

1. Verify Your Email: You will need to provide a valid email address to receive a verification code, which is required to access the online application form.
2. Prepare Your Identification Documents: You will need to validate your identity documents during the application process. The NSW Police Force uses the Document Verification Service (DVS) provided through the Australian Government’s IDMatch initiative. If your documents cannot be verified through DVS, you will have the option to refer your application for manual verification.
3. Complete the Online Application Form: Fill out the online application form in its entirety, providing accurate personal information and the purpose of the check.
4. Provide Consent: Read, acknowledge, and provide your consent for the check to be conducted.
5. Make Payment: Pay the applicable fee using a credit or debit card to submit your application.

Once your application is lodged, the NSW Police Force will initiate a national check with every state and territory using the details provided. Disclosable court outcomes are checked and released in accordance with state and federal legislation, including the NSW Criminal Records Act 1991. A digital NPC certificate will be issued via email to the address you specified on your application. If you selected and paid for a hard copy, it will be printed and posted to the nominated address.

It is important to note that an NSW Police-issued NPC certificate is a point-in-time check and can be verified online at any time by anyone who has a copy of it. Understanding the NSW police check process, the types of checks available, and the application procedure is essential for individuals requiring this important documentation for employment, volunteer work, or other purposes.

What Shows Up on a NSW Police Check

A NSW Police Check, also known as a National Police Check or criminal record check, provides a comprehensive overview of an individual’s disclosable criminal history in Australia. The specific information that appears on a police check can vary depending on the type of offence and the relevant legislation. Here’s what you can expect to find:

Disclosable Court Outcomes

A police check will list all disclosable court outcomes (DCOs), which are criminal convictions that can legally be disclosed. These may include:

• Convictions for criminal offences, such as theft, assault, or drug-related crimes
• Findings of guilt, even if no conviction was recorded
• Pending charges for offences that have not yet been resolved in court
• Good behaviour bonds and other court orders

The severity of the offence and the time elapsed since the conviction will determine whether it is considered a DCO and thus appears on the police check.

Pending Charges and Outstanding Matters

In addition to past convictions, a police check will also disclose any pending charges or outstanding matters. This includes:

• Criminal charges that have been filed but not yet resolved in court
• Ongoing investigations or legal proceedings related to alleged offences
• Warrants for arrest or court summons

This information helps employers or organisations assess any potential risks associated with an individual’s current legal situation.

Spent Convictions and the Criminal Records Act 1991

Under the Criminal Records Act 1991 (NSW), certain convictions may become “spent” after a crime-free period. Spent convictions are those that:

• Resulted in a prison sentence of 6 months or less
• Have had a crime-free period of 10 years (or 3 years for juvenile offences)
• Do not involve sexual offences or convictions against bodies corporate

Spent convictions are generally not disclosed on a standard police check. However, there are some exceptions, such as checks for working with children or in certain sensitive industries, where spent convictions may still be reported.

It’s important to note that while a police check provides a comprehensive criminal history, it is a point-in-time check and does not include convictions or offences that may have occurred after the check was conducted. Employers and organisations should consider the relevance and recency of any disclosed criminal history when making decisions based on a police check.

How Long Offences Remain on a Criminal Record

The length of time that offences remain on a criminal record in New South Wales varies depending on the type of offence and the age of the offender at the time of conviction. Understanding these timeframes is crucial for individuals who have a criminal history and are seeking employment or other opportunities.

Timeframes for Different Types of Offences

In New South Wales, the Criminal Records Act 1991 governs the management of criminal records. Under this legislation, convictions generally become “spent” after a certain period, meaning they are no longer disclosed on a criminal record check. The standard timeframes are as follows:

• For adults (18 years and older at the time of conviction):
• Convictions resulting in a prison sentence of 6 months or less become spent after 10 crime-free years.
• Convictions resulting in a prison sentence of more than 6 months never become spent.
• For juvenile offenders (under 18 years at the time of conviction):
• Convictions become spent after 3 crime-free years, regardless of the sentence imposed.

It’s important to note that these timeframes begin from the date of conviction, not the date of the offence or the completion of the sentence.

Exceptions to Standard Timeframes

While the above timeframes apply to most offences, there are some exceptions where convictions may remain on a criminal record for longer periods or indefinitely:

• Sexual offences: Convictions for sexual offences, such as those under the Crimes Act 1900, never become spent and will always appear on a criminal record check.
• Convictions against bodies corporate: Convictions imposed against companies or organisations do not become spent.
• Convictions resulting in sentences of more than 6 months: As mentioned earlier, convictions for adults that result in prison sentences of more than 6 months will remain on a criminal record permanently.
• Convictions specified by regulations: In some cases, additional convictions may be excluded from the spent convictions scheme by regulations.

It’s crucial for individuals with a criminal history to be aware of these exceptions and understand that certain offences may have lifelong implications for their criminal record.

Purpose of the Police Check and Its Impact on Employment

Police checks play a crucial role in the employment process, helping organisations ensure the safety and security of their employees, customers, and assets. These checks provide insight into an individual’s criminal history, allowing employers to make informed decisions about their suitability for a particular role. However, the impact of a police check on employment can vary depending on the industry and the nature of the offences disclosed.

Industries Requiring Mandatory Police Checks

Certain industries in Australia have mandatory requirements for police checks due to the sensitive nature of the work involved or the vulnerability of the people they serve. These sectors include:

• Childcare and education: Individuals working with children must undergo a Working with Children Check, which includes a police check.
• Healthcare and aged care: Employees in these fields often work with vulnerable populations and may have access to sensitive information, necessitating a police check.
• Financial services: Many roles in banking, insurance, and other financial institutions require police checks to mitigate the risk of fraud and protect customer assets.
• Government positions: Police checks are typically mandatory for government employees, particularly those with access to sensitive information or working in law enforcement and security roles.

Employer Rights and Responsibilities

Employers have the right to request a police check as part of their pre-employment screening process. However, they must ensure that their use of police check information complies with relevant laws and regulations, such as anti-discrimination legislation.

When considering a candidate’s police check results, employers should:

• Assess the relevance of any disclosed offences to the specific role and its inherent requirements.
• Consider the nature, severity, and recency of the offences, as well as any mitigating circumstances.
• Provide the candidate with an opportunity to explain or contextualise the information disclosed in their police check.
• Maintain the confidentiality of police check information and only share it with those directly involved in the hiring decision.

Employers must not automatically disqualify candidates based solely on the presence of a criminal record. Instead, they should make a case-by-case assessment of the individual’s suitability for the role, taking into account the specific circumstances and any rehabilitation or reform efforts undertaken by the candidate.

Privacy and Legal Considerations Regarding Nationally Coordinated Criminal History Checks in NSW

When applying for a police check in NSW, it’s important to understand the legal requirements and privacy implications surrounding the process. This section covers key aspects related to consent, disclosure, and disputing police check results.

Consent and Disclosure Requirements

Under Australian privacy laws, organisations must obtain an individual’s written consent before requesting a police check on their behalf. The applicant must be informed about the purpose of the check and how their personal information will be used and disclosed.

Employers are required to have a clear policy outlining what criminal record information is considered relevant to the position being applied for. They must also ensure that police check results are kept confidential and only used for the intended purpose.

It’s important to note that while spent convictions are generally not disclosed on a standard police check, there are some exceptions. Certain convictions, such as those involving sexual offences or resulting in prison sentences of more than 6 months, may still be disclosed regardless of the time elapsed.

Challenging or Disputing Police Check Results

If an individual believes that the information on their police check is inaccurate or incomplete, they have the right to request a review. This involves completing a dispute form and providing supporting documentation to the Criminal Records Section of the NSW Police Force.

The police will then investigate the matter, which may take several weeks. During this time, it’s advisable for the applicant to inform any relevant parties, such as potential employers, about the dispute and the expected timeframe for resolution.

In some cases, an individual may also have grounds to lodge a complaint with the Office of the Australian Information Commissioner if they believe their privacy rights have been breached in relation to a police check.

Understanding these legal and privacy considerations is crucial for both individuals undergoing police checks and organisations requesting them. By ensuring proper consent, maintaining confidentiality, and providing avenues for dispute resolution, the police check process can be conducted fairly and in accordance with the law.

Conclusion

In conclusion, understanding what shows up on a NSW police check is crucial for both employers and individuals. A police check, also known as a National Police Check or Nationally Coordinated Criminal History Check, provides a comprehensive overview of a person’s disclosable court outcomes, including convictions, findings of guilt, pending charges, and certain spent convictions.

It’s important to note that not all offences will appear on a police check, as some may be considered spent convictions under the Criminal Records Act 1991. However, certain convictions, such as those resulting in prison sentences of more than 6 months, sexual offences, or convictions against corporations, can never be spent and will always be disclosed on a police check.

By familiarising themselves with the information that may appear on a police check, individuals can be better prepared when applying for employment, volunteer positions, or other roles that require a criminal background check. Employers, on the other hand, can make more informed decisions about a candidate’s suitability for a position while ensuring compliance with relevant laws and regulations.

Ultimately, police checks play a vital role in maintaining public safety and protecting vulnerable individuals. By understanding the scope and limitations of these checks, both employers and individuals can navigate the process more effectively and make well-informed decisions.

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