Common Misconceptions About Police Checks


What is a police check? It’s a check of an individual’s criminal history from all police jurisdictions in states and territories in Australia. Police checks are essential tools for organisations and employers to enhance trust, safeguard their business interests and reduce business risk. They also enable individuals to obtain trade licenses, immigration visas, employment and adoption. While they are a routine requirement for most people, there are some common misconceptions about police checks and what they are. 

We’ve taken five common misconceptions surrounding police checks and debunked them with the correct facts. 

Misconception 1: Police Checks Take Too Long

A common question we are asked is how long police checks take. Contrary to popular belief, police checks are usually quick. Because of the volume of applications, the process is designed to be quick. 70% of police check results from InterCheck applications are returned in 1-2 business days, and the remaining applications are returned in 3-12 business days.

Factors Influencing Processing Time

A police check application, including the form, personal details and ID verification, is submitted to the relevant Australian state or territory police jurisdiction for review of the police history information records. In most cases, applications are processed quickly; however, some take longer because the database can’t find a true match, and the application has to be reviewed manually. 

Some factors that influence processing time include:

  • If you have a common name, the system may match your name to an individual with a criminal record. When the system flags a common name, the case will need to be reviewed
  • Out-of-date or incorrect information
  • High volume of criminal checks submitted, causing a busy workload
  • Transfer delays of criminal history records between agencies
  • Issues or disputes with police records

Misconception 2: Police Checks are Valid Indefinitely

A lot of people ask us how long police checks are valid for. Some people believe that police checks are a one-and-done deal. They don’t come with an expiry date, but most employers and organisations will ask when your police check was issued. It is important to remember that a police check is a snapshot of an individual’s criminal history on the day the check is issued. This is why the validity isn’t indefinite. 

Industry Standards for Police Check Validity

Apart from industries where police checks are mandated by legislation, there is no set validity period for how long a check remains valid. Organisations will establish their own period. It is common for employers to request police checks that are no more than three or six months old. 

When working with children, you will require a new police check and a working with children check, which must be renewed every three or five years, depending on the state. Working with the aged or vulnerable people also requires a recent police check of less than three months. 

Misconception 3: All Criminal Records Are Revealed

A common misconception is that a police check will show everything, including minor traffic violations, civil matters and police cautions.

Police checks in Australia don’t show:

  • Spent convictions 
  • Diversionary programs, e.g. alcohol or drug rehab programs
  • Penalties imposed by professional bodies (unless there is a court conviction)
  • Police cautions and warnings
  • Dismissed or dropped charges
  • Civil matters with no criminal convictions
  • Intervention orders
  • Fines from regulatory bodies
  • Overseas convictions

Types of Information Included in Police Checks

Police checks in Australia are based on disclosable outcomes of an individual’s criminal history record. The check is undertaken on the databases in every state and territory jurisdiction in Australia. The information included on a police check includes:

  • Court convictions
  • Sexually related assault or assault charges 
  • Serious traffic-related offences such as drug driving, where an individual receives a conviction
  • Prison sentences
  • Arrest warrants for criminal offences
  • Pending charges if they are considered a risk to the community 
  • Good behaviour bonds for the duration of the bond

Misconception 4: Police Checks Are Only for Certain Jobs 

These days, the need for a police check is more widespread than ever. Organisations and employers are looking to mitigate risk, ensure the people they hire have good character and create trust with their customers and the community. Companies in many industries use police checks to reduce the risk of possible fraud, theft and potential criminal acts.   

Jobs Requiring Police Checks

For many jobs, a police check is a requirement, and for some, it’s legally mandated. Any role considered sensitive, involving leadership or positions of trust, will necessitate a police check. Individuals working with vulnerable people, children or those in aged care will also require background checks.

The following jobs typically require a police check as a condition of employment.

  • Aged care workers
  • Teachers, educators and tutors
  • Mining workers
  • Health workers
  • Government employees
  • Public vehicle drivers
  • Liquor sellers
  • Drivers (truck, operators, CPVs)
  • Correctional staff
  • Legal workers
  • Real estate agents
  • Construction workers and contractors
  • Charity workers
  • Pawnbrokers

Many other jobs may require a police check. Depending on their HR policies, large companies and organisations may request police checks as part of their recruitment process. 

Misconception 5: Police Checks Are Invasive

Some individuals are concerned that police checks are invasive of their privacy. An individual’s criminal record is protected by both federal and state privacy laws to ensure privacy and confidentiality. No company or organisation can request a police check on an individual without their written permission. This provides protection from anyone secretly snooping on someone’s criminal background.

Privacy and Data Protection in Police Checks

Organisations must follow the Privacy Act 1988 when collecting sensitive information, such as criminal records. They must only use sensitive information on a background check for the purpose given on the application form. All police checks and other sensitive information should be stored securely by an organisation and not on a private server.

When using InterCheck to obtain your police check, we treat your personal information with the utmost respect. We are accredited by the Australian Criminal Intelligence Commission (ACIC), ensuring we handle data securely. We are obligated to delete a criminal check record after 12 months. Supporting identity documents have to be retained for 12 months and deleted within 15 months.

Conclusion 

Obtaining a police check is common for many people when starting a new job. They are quick and straightforward to apply for but are only valid for a short period of time. A police check only shows convictions and serious crimes committed in Australia. They usually don’t show spent convictions.

Choose InterCheck to obtain a police check with a reliable and professional service that is completed quickly and securely.

 
This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.

Related posts