Criminal history records obtained through police checks play a crucial role in ensuring safety and security across the community and various sectors in Australia. Whether it’s for background screening during the hiring process, child protection, or immigration purposes, knowing who’s responsible for maintaining and managing criminal history records is useful for both individuals and organisations.
The Key Authorities Responsible for Maintaining Criminal History Records in Australia
In Australia, criminal history records used for police checks are typically maintained by government agencies at state, federal, and national levels. These agencies are responsible for collecting, storing, and providing criminal record/police history information when required for legal, employment, and other relevant purposes.
Let’s take a closer look at the main entities involved in the maintenance of criminal history records:
State, Federal, and Territory Police
The primary responsibility for maintaining criminal history records lies with the police jurisdiction of each Australian state and territory. Each state and territory has its own police service that administers the enforcement of laws within its jurisdiction, whilst collecting and managing data on criminal offences, investigations, and individuals involved in criminal activity. The Australian Federal Police (AFP) is responsible for federal crimes and maintains records of criminal offences that occur under federal jurisdiction, such as terrorism, immigration offences, and organised crime.
For example:
- New South Wales: The NSW Police Force maintains records of criminal convictions, charges, and other police information for New South Wales.
- Victoria: The Victoria Police Department holds criminal records related to crimes committed within Victoria.
- Queensland: The Queensland Police Service manages criminal history records for individuals who have committed offences in Queensland.
- Federal: The Australian Federal Police investigate Commonwealth (federal) crimes across Australia, as well as crimes that occur in the Australian Capital Territory (ACT).
These police records include information such as:
- Criminal charges
- Convictions
- Pending cases
- Arrests
- Sentences and penalties
Australian Criminal Intelligence Commission (ACIC)
On a national level, the Australian Criminal Intelligence Commission (ACIC) plays a vital role in maintaining criminal records. ACIC partners with Australia police agencies to provide the National Police Checking Service (“NPCS”). The NPCS, allows organisations to request Nationally Coordinated Criminal History Checks (NCCHC), more commonly known as “police checks.”
The ACIC works closely with state and territory police jurisdictions to compile and distribute criminal record information that is consistent and up-to-date.
The NPCS provides the public, employers, and government agencies with NCCHC police checks. This ensures that criminal history records are accessible for purposes such as:
- Employment
- Licences
- Probity
- Commonwealth
Court Systems and Corrections Agencies
In addition to the police and ACIC, Australia’s court and correctional systems also play a role in the maintenance of criminal history records. When individuals are charged with crimes, these records are processed and maintained by court systems across the country. After a conviction, the court details are recorded in the criminal justice system and may be passed on to police for inclusion in national databases.
Correctional agencies are responsible for maintaining records related to prisoners, parole, and probation status. These agencies work in close collaboration with police and court systems to ensure the accuracy of criminal records.
The Role of Spent Convictions
In Australia, spent convictions legislation limits the use and disclosure of older, less serious convictions and findings of guilt. Each Australian police jurisdiction has its own spent conviction legislation and information release policies and these will be applied prior to the disclosure of police history information when undertaken for a NCCHC police check.
The specific purpose (i.e., reason for the check) for a NCCHC police check may impact the application of spent conviction legislation and information release policies for certain applications. For example, an application for a specific licence may release offences that might not be released if the application was processed as an application for employment.
Private Companies and Background Screening Providers
While not directly responsible for maintaining criminal records, private companies and background screening providers play a role in providing access to criminal history information. These companies, such as InterCheck Global Pty Ltd (InterCheck Australia) and others, often work in partnership with state and federal police to conduct background checks for employers, landlords, and other organisations.
Background screening companies generally request information from the police or the National Police Checking Service and verify whether a person has a criminal history. However, they do not maintain the records themselves — they’re simply a conduit for accessing the data held by the National Police Checking Service.
Accessing Criminal History Records
For individuals looking to access their own criminal records or obtain a NCCHC police check for employment, licencing, probity, or other purposes, they can apply directly to accredited agencies such as InterCheck Australia. Access to the National Police Checking Service makes it easy for businesses and individuals to obtain criminal history information.
Criminal History Records in Australia
Criminal history records in Australia are primarily maintained by state, territory, and federal police jurisdictions, with the Australian Criminal Intelligence Commission (ACIC) serving as the central hub for cross-jurisdictional criminal record information via the National Police Checking Service. Courts and correctional agencies also contribute by processing convictions and maintaining records of individuals.
These records play a crucial role in keeping the Australian community safe, and their management is essential for ensuring security and compliance across various sectors.
Whether you’re seeking a NCCHC police check for employment, licensing, probity or Commonwealth purposes, understanding who maintains these records and how they are accessed is important to navigating Australia’s legal and regulatory landscape.
If you need to obtain a Nationally Coordinated Criminal History Check in Australia, we can help you with the application.
