Should Your Business Conduct Background Checks?

The need to conduct Nationally Coordinated Criminal History Checks on staff or potential employees depends on a number of factors.

Some occupations legally require a Nationally Coordinated Criminal History Check (NCCHC) under legislative or regulatory frameworks for registration, licencing, or employment purposes. 

Some of the occupations with an NCCHC requirement are:

• Lawyers
• Community care workers
• Teachers
• Police or correctional staff
• Taxi drivers
• Financial brokers
• Building practitioners
• Bail justices
• Health practitioners
• Aged-care workers

In most cases, the individual will not be able to start the role until a recent check result is obtained and can be produced.

Besides regulatory requirements, more and more employers are choosing to conduct criminal history background checks, including a NCCHC, as part of their own risk mitigation strategy. Background checks of all kinds are known to be an effective way to guard against potential risks.

Some of the benefits of conducting background checks include:

• Promotion of a safe working environment;
• Protection of people, property, assets, and company information;
• Theft reduction;
• Ensuring applicants are honest and trustworthy; and
• Maintaining business reputation.

When determining whether a NCCHC is needed, an employer should consider a risk-based approach based on a thorough understanding of the types of risks each role may be exposed to and the context that the role operates within.

For example, an IT worker may have access to personal or company sensitive information and therefore, there’s a potential risk of the mishandling of that information. It’s therefore recommended to conduct a criminal history background check to ensure that the worker does not have any fraud, theft, or embezzlement charges or convictions.

Another example may be a domestic service/ trades worker who may need to enter private homes. Although in these types of roles it’s not always mandatory to obtain a NCCHC, an employer may want to think about the potential risks, such as access to personal property or contact with vulnerable people. In this situation, you would want to ensure the worker who undertakes such a role does not have any recent theft or assault charges against their name, as this situation would expose great risks to the residents of the homes themselves and to your business if something did go wrong.

Why Do You Need a Background Check Policy?

As a part of the company’s wider risk management program, it’s best practice for organisations to develop a robust police check policy to prevent discrimination and create a positive work environment that encourages the fair and lawful treatment of its employees.

A written policy can help both potential job candidates and current employees fully understand the company’s objectives in conducting Nationally Coordinated Criminal History Checks and other background checks. This avoids misunderstandings which could potentially disrupt the productivity and welfare of employees. A written policy will also set out the employer’s legal obligations under anti-discrimination laws, assure employees that they will not be dealt with unjustly, harshly, or inconsiderately because they have some sort of criminal history.

The Australian Human Rights Commission recommends that employers consider the inherent requirements of each particular position and what type of crimes are relevant to that position before a job is advertised or an employee is requested to consent to a police check.

What Are the Steps to Creating a Background Check Policy?

By stipulating these considerations in a written policy which employees can refer to throughout the screening process, the employer fosters a sense of certainty and fairness. If the employer considers these factors for the first time while reacting to the disclosure of an individual’s criminal conduct, they may expose themselves to discrimination allegations. 

Generally, a background check policy should include the following:

• A statement concerning the employer’s commitment to comply with anti-discrimination spent conviction, and privacy laws; having regard to fairness and natural justice.
• An outline of both the employer and the employee’s legal rights and obligations on this matter.
• An outline of the employer’s other legal requirements, such as compliance with industry-specific legislation.
• The detailed process for assessing the inherent requirements of each position, including when and how NCCHC and other background checks can be requested, the process and factors relevant to assessing suitability, and the procedure to address employee grievances.
• The personnel responsible for conducting/overseeing the various aspects of the risk management process. By involving staff members in the process of developing the policies and making sure that your policies are accessible and comprehensive, your organisation can create an atmosphere where employees trust you with criminal history information and feel comfortable with your risk management program overall.

Steps for Assessing Candidates with a Criminal History