Criminal Checks in Australia FAQ

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 for Persons of Interest 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 is utilised by all Police Agencies and brokers, including the NPCS and the Australian Federal Police (‘AFP’).

PeopleCheck is an accredited provider to obtain Criminal Checks through both the AFP and the NPCS and is listed as such on their website.

Accredited bodies such as PeopleCheck, are subject to an extensive accreditation process, as well as audits. A similar level of compliance is required by PeopleCheck’s clients to ensure the NPCS’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. PeopleCheck offers these checks via one of the two Australian authorities as follows:

National Police Checking Service (NPCS)
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 PeopleCheck 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 PeopleCheck offers is available on request.

Do the requirements to undertake Criminal Checks through either servicing agency 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.

Why are there different ‘purposes’ and ‘types’ for Criminal Checks?

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 PRIVI, 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.

The two different ‘types’ of Criminal Checks are Standard and Volunteer.

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. As such, PeopleCheck 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.

If you are unsure if a Criminal Check certificate/report is valid for a particular purpose, PeopleCheck customers should seek guidance from the governing body, and candidates should seek guidance from their employer or organisation requiring the check.

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.

How will I know when a Criminal Check is ready?

For PeopleCheck customers ordering Criminal Checks: When the processing authority completes the criminal check, the check results will be provided back to PeopleCheck. PeopleCheck will ensure the results of the check are included as part of the candidate background screening report within your PeopleCheck 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 the PRIVI 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.

Criminal Check Requirements

What are the NPCS identity requirements for candidates undergoing a NCCHC?

The NPCS requires THREE pieces of identification to be able to process a NCCHC, as well as linkage between the individual and their ID documentation.

Each piece of ID must detail the applicant’s name.
At least one of the ID documents provided must contain the applicant’s date of birth.
At least one of the ID documents provided must contain a photograph of the applicant.

Please check the full list of acceptable ID documents and the process for providing linkage.

If the candidate cannot meet the ID requirements, please contact us at 1300 725 101 or via email at validate@peoplecheck.com.au

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?

In most cases the NPCS is the preferred service for our customers to use for criminal checks. 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, PeopleCheck 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 on 1300 725 101 or via email at validate@peoplecheck.com.au.

Can individuals under 18 years old get a Criminal Check?

Yes, candidates under the age of 18 can obtain a Criminal Check with the signed consent of a parent/guardian. Please contact PeopleCheck at 1300 725 101 or via email at validate@peoplecheck.com.au 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 information and consent has been received, a Police Check will be processed as follows:

PeopleCheck will review the information and identity documents for thoroughness to ensure the criminal check can be processed efficiently
PeopleCheck will submit the 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 Police Check take?

The Australian Criminal Intelligence Commission summarises the process for candidates undertaking a police check via the NPCS in this video.

*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.

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 individual 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:

Specialist skills or an emergency/disaster situation;
Political or medical reasons; or
Child-related processes including adoption and/or the emergency placement of a child.

In these instances, PeopleCheck 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 validate@peoplecheck.com.au if applicable.

How long does the check take?

Most checks (approximately 70-80%) are instantaneous or returned within minutes of PeopleCheck 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 releasing policies (such as spent convictions legislation).

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

What kind of result can I expect? 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 PeopleCheck 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 PeopleCheck. PeopleCheck will update and add the results of the check into the candidate specific background screening report within your PeopleCheck 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: Where a Disclosable Court Outcome (match) is reported, in line with the ACIC’s requirements, the candidate with an opportunity to dispute the result if they believe it contains an error.

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 PeopleCheck via privacy@peoplecheck.com.au.

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 NCCHC is incorrect. Incorrect check results may occur for a range of reasons. Instructions & guidance below:

PeopleCheck 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.
PeopleCheck 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.
PeopleCheck is responsible for advising you of the dispute outcome.

Note: Due to privacy concerns, PeopleCheck 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 privacy@peoplecheck.com.au to start the dispute process, or call PeopleCheck 1300 725 101 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 PeopleCheck 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 privacy@peoplecheck.com.au with the following:
  - Completed AFP dispute form
  - One piece of photo ID (preferably one already provided to PeopleCheck 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 PeopleCheck 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.

If you have any questions, or require assistance with completing the AFP dispute form, please contact PeopleCheck at 1300 725 101 or via email at privacy@peoplecheck.com.au.

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

The NPCS requires that PeopleCheck 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, PeopleCheck 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.

Where can I get more information on PeopleCheck’s Police Checks?

You can contact our team on (02) 4023 0603 or via email at validate@peoplecheck.com.au for further information, or additional details regarding our Police Checks are available here.