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Reduce your hiring risks, recruit more confidently and improve your staff retention.

A guide to police checks for employers

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03 Introduction

04 What is a police check and why do you need them?

05 What’s included in a police check?

06 The difference between a National Police Check and an Australian Federal Police Check

07 How police checks build trust and confidence

08 The risks of failing to conduct police checks

09 How to incorporate police checks into the hiring process

11 How are police checks regulated?

12 Should you run checks on existing employees?

13 Which roles need police checks?

14 Where do you get police checks from?

14 Summary

ContentsContents

CVCheck | A Guide to Police Checks

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In 2017, 49 per cent of all global organisations admitted to suffering fraud and economic crime over the past two years, up from 36 per cent in 2016. Even more concerning, more than half this crime was committed by people within the organisation.

All industries are vulnerable to theft, fraud and other criminal activity. The good news is this risk can be mitigated by conducting thorough pre-employment screening.

A National Police Check (NPC) will not only ensure you hire the best person for the job, it’ll also help create a safer working environment, protect existing staff and safeguard your property and your organisation’s reputation.

Read on to discover how you can incorporate NPCs into your recruitment process.

49% of all global organisations admitted to suffering fraud and economic crime over the

past two years, up from 36% in 2016” – PwC Global Economic Crime and Fraud Survey, 2018

Introduction

CVCheck | A Guide to Police Checks

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As an employer, police checks can help safely fill roles within the organisation, and help make informed decisions about an applicant’s suitability for:

A police check is an official document summarising a person’s history of criminal convictions in all Australian states and territories, and is obtained by checking someone’s details

against state and federal police databases of people with a

criminal past.

What is a police check and why do you need them?

Occasionally (in around 30 per cent of all cases) a police check will be ‘referred’. This means it has been forwarded to the police for further investigation, usually because the automated database search detected a potential match. Often, this match means the personal details on the check are similar to, or the same as, someone else with a police record.

In these cases, the police need to manually research the check to confirm the applicant’s identity. In 87 per cent of referred checks the check result is returned within 10 business days.

Recruitment into paid positions

Volunteer and not-for-profit positions

Working with children and vulnerable people

Immigration and citizenship

Visa applications

Adoption applications

Occupation-related licensing

Firearm licensing

CVCheck | A Guide to Police Checks

What does it mean if your police check is ‘referred’?

In most cases (about 70%), the Australian Criminal Intelligence Commission database will confirm, more or less instantly, that there is no police record in the applicant’s name. In those cases the accredited bodies (such as CVCheck) can return a clear result within minutes.

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What’s included in a police check?

Once the check is complete, a National Police Certificate will be

issued. It will indicate either No Disclosable Court Outcomes (NDCO), which means the applicant doesn’t have a criminal

record (that can be released), or Disclosable Court Outcomes (DCO), which means a police history does exist and can be

released.

Exactly what is disclosed in a check is determined by individual police agencies based on current legislation and policies related to the release of information. Typically a NPC will include a summary of the following information:

Any charges

Any pending matters awaiting a court hearing

Any court appearances

Any court convictions inclusive of sentences and penalties

Any findings of guilt without conviction

Any court orders and good behaviour bonds

Traffic offences.

Not included in a NPC are any spent convictions, which are criminal convictions that have since been removed from a person’s criminal record because a certain period of time has lapsed.

Generally speaking, that period of time is five years for children and 10 years for adults. However, whether or not a conviction is spent depends on individual state and federal legislation.

CVCheck | A Guide to Police Checks

For individuals A NPC (also known as a National Police History Check, National Criminal History Check, and National Criminal Record Check) may be needed when applying for:

Employment

Australian citizenship

Positions of trust

Immigration and visa applications

Obtaining professional registrations and licenses related to occupations and firearms.

The difference between a National Police Check and an Australian Federal Police Check

For organisations A NPC helps you make an informed decision about an applicant’s suitability for recruitment, volunteer and not-for-profit positions, and working with children and vulnerable people.

For general employment situations, an employer can accept a NPC certificate issued by an accredited agency like CVCheck, the AFP or another police agency, knowing that they all use the ACIC to obtain exactly the same information.

Note: In some circumstances, however, the organisation or department requiring a check will insist on a check from a particular police agency. For example, for Australian immigration and visa purposes, only a AFP certificate is acceptable. Always check with the organisation or department before ordering your NPC.

06CVCheck | A Guide to Police Checks

A NPC enables you to make an informed decision about an applicant’s suitability.

The bottom line: by running police checks on new (and often existing) employees, you’re protecting your people, and your organisation’s resources, culture and reputation.

How police checks build trust and confidence

07CVCheck | A Guide to Police Checks

Employers need police checks for the same reasons they need other screening procedures (such as reference checks, employment verifications and working with children checks): to have confidence they are engaging the best person for the job, and to ensure the responsible conduct of their business. Some jobs may also require by law that a police check be performed.

“A police check is important for any position where

the company is putting trust in its employees, and

that covers an awful lot of positions.” Craig Sharp, Legal Counsel at CVCheck.

The risks of failing to conduct police checks

08CVCheck | A Guide to Police Checks

A 2018 global survey by PwC found that organisational fraud is at an all-time high – 52 per cent of serious economic crimes were committed by people inside the business.

Risks to people within a business can also be substantial. The Victorian Public Service Commission (VPSC) notes the need to reduce risks for “staff who have unsupervised direct contact with vulnerable people, staff who work together in remote and isolated locations and staff who work at night”.

By conducting thorough due diligence on all candidates, employers and employment agencies reduce risk in the recruitment process. In the long term, this will save time, money and reputation, and limit exposure to litigation. As Sharp puts it: “Bad hiring decisions are costly.”

Bad hiring decisions are costly.”Craig Sharp, Legal Counsel, CVCheck. 52%

52% of serious economic crimes were committed by people inside the business.

How to incorporate police checks in the hiring process

09CVCheck | A Guide to Police Checks

In most situations, the check should only be conducted on short-listed applicants and those invited to interview. This reduces the cost of multiple checks, the administration time

needed to collect consent from applicants, and the risk of infringing on a person’s privacy by collecting personal information not required.

Before running the check it’s good practice to ask the applicant if there is any information regarding their criminal history they’d like to disclose. This gives you the opportunity to start establishing trust and open communication between both parties.

When to request a police check Before running the check it’s good practice to ask the

applicant if there is any information regarding their

criminal history they’d like to disclose.

10CVCheck | A Guide to Police Checks

Once a check has been conducted:It’s up to the employer to act appropriately on the information gathered once a check has been conducted, and remember: if you are assessing someone with a criminal record, they may still be a good hire. Consider the nature of the tasks the person will be asked to perform, and assess how the criminal record is, or is not, relevant to the job at hand.

If a criminal past is unearthed, it will need to be discussed with the applicant. You may want to ask:

Is the record clear and correct?

How did the criminal offence come about?

Is there evidence that shows what the court thought about the offence, and what does it show?

In making a final decision, you may also want to consider: How old was the person when the offence

or offences occurred?

How long ago did the last offence take place?

Did the subject repeatedly break the law, or does it appear to be a one-time offence?

How serious was the offence?

Is there evidence that the court considered the offence less serious? For instance, was the sentence relatively light?

Does the subject have confirmed references or other evidence that suggests they have changed their behaviour patterns since the offence?

The right judgment will vary with specific circumstances. For instance,

Sharp says that for many employment situations a single six-year-old

drink-driving conviction is not a bar to employment.

How to incorporate police checks in the hiring process, cont.

1. Privacy lawsCriminal record information is classed as sensitive information

under Australia’s national Privacy Act, and so is governed by special rules. Federal and state laws on spent convictions also

affect what is disclosed in police checks.

Australian law requires that the subject consents to the check,

and you must let them know who is conducting the

check and what information they’re gathering. So it’s

best to tell candidates from the start – in your job

ad – that the role requires a police check.

Both privacy laws and best practice also require that

information about a police check is stored securely

and cannot be accessed by people not involved in the

hiring process.

2. Discrimination and inherent requirementsIf a check reveals a criminal record, the Australian Human Rights

Commission (AHRC) says you can only use that to reject the

candidate if the criminal record would prevent a person from

performing the “inherent requirements” of a particular job.

Unless you meet this inherent requirements test, it is possible

for a subject to take legal action against you under state and

federal discrimination law on the grounds that their record was

irrelevant to your employment decision.

As even the AHRC concedes, it’s often hard to set what the

inherent requirements of a particular job might be and assess

a person against those requirements. You should assess

carefully the actual requirements of the job and the

relevance of a subject’s criminal record, and document

that assessment.

If you decide to reject a subject based on their criminal

record, you may want to consult a lawyer first. This is

particularly the case for more high-paying roles.

3. Special casesSome states and territories do not allow people with particular

criminal records to be employed in certain fields, such as working

with children. And some professional and occupational licensing

bodies have licensing and registration rules that cover hiring of

people with criminal records.

3 key types of law influence employers’ ability to act on police checks:

11CVCheck | A Guide to Police Checks

How are police checks regulated?

In short, yes.The same checks applied to potential employees also apply to existing ones. In most situations, police checks require the employee’s consent and should be on-going when the job is subject to regulations, and where the contract or the nature of the job requires disclosure of criminal convictions (such as working with children or vulnerable members of the community, for example).

But re-running police checks on an existing employee also carries a people management risk: the employee, or his/her workmates, may feel unfairly treated. If checks need to be introduced to your existing staff, Sharp recommends an employer communicate fully and openly with employees, and not rush into the process.

The first step is to introduce a policy on screening, then take the time to explain to your team why the checks are being conducted. Explain that employees will have an opportunity to discuss any record, and make it clear that their rights will be respected.

Should you run checks on existing employees?

If a criminal record is uncovered, employers should assess its relevance even more carefully than for a new candidate, and should document any decisions made regarding that person’s employment. If an existing employee needs to be separated from the organisation, then best practice is to seek legal advice.

12CVCheck | A Guide to Police Checks

Explain that employees will have an opportunity to discuss any record, and make it clear that their rights will be respected.

Police checks are required for a wide range of roles. CEO candidates, for example, are now routinely checked.

In one recent check on a notable senior executive, US President Trump’s White House Staff Secretary was first denied a permanent security clearance, and then forced to resign over allegations of domestic violence.

At the other end of the spectrum, it’s necessary for people to obtain a police check before entering into many volunteer roles, particularly in regulated industries such as education and health.

Checks are also frequently or usually done for the following occupations:

Financial services roles

Mining and construction workers

Truck and delivery drivers

Drivers of public vehicles like buses and taxis

Some government positions

Jobs in the legal system

Gaming industry roles

Those working with children

Tradespeople (such as builders, electricians, plumbers and carpenters, for example)

Workers in the health sector, including aged care and disability services

Cleaners

Educators at all levels of education – early childhood, primary, secondary and tertiary

Hospitality

Students (primarily those on practical placements and work experience within regulated industries such as health, education, legal and finance, for example).

Which roles need police checks?

13CVCheck | A Guide to Police Checks

According to PwC’s 2018 Global Economic Crime and Fraud

Survey, frauds committed by senior management increased

the most, jumping from 16% to 24%.

Because police checks exist to protect your entire organisation – from your employees and clients through to your productivity, performance, resources and reputation – they should be an integral part of your organisation’s pre-employment screening process.

There are a number of things to keep in mind when ordering your checks. Firstly, it’s vital your organisation partners with a reputable and trustworthy NPCS accredited agency.

CVCheck is NPC accredited and is the industry leader in screening and verification services. It offers a smart, secure and efficient online platform, making it quick and efficient for organisations to conduct authorised checks on applicants. With timely turn arounds you can ensure your top talent doesn’t get snapped up elsewhere.

Where do you get police checks from?

14CVCheck | A Guide to Police Checks

SummaryPolice checks are an important part of a thorough

recruitment screening process. Done correctly, with proper

assessment of the role and the candidate, they will make your

hiring process safer and more productive.

HOW CVCHECK CAN HELPWant to quickly, securely and accurately verify your candidates’ police clearance and employment history? CVCheck.com has

the most technologically advanced platform for fast delivery of results. Visit CVCheck.com to find out more.

THE EASY WAY TO AVOID TROUBLE?

To hire the right candidate first time, every time, you need to create a strong set of guidelines and thorough processes. Be clear about what you need in terms of skills and experiences. Know what types of personalities fit into your company culture. Develop a structured interview process with consistent questions and stick to it.

By following a rigorous recruitment process, you should find the ‘perfect’ candidate. Their résumé will be impeccable. They will seem genuine and thoughtful in an interview. However, how can you tell if they are too good to be true? The only way to be sure is to verify their claims. Run a full pre-employment screening and check all their referees; this can save you time and money in the long run.

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HOW CVCHECK CAN HELP

From police checks to employment and qualification screening, CVCheck can verify your candidate’s information quickly, so you can be sure you have the right person for the job.

Related readingMore information on police checks:

What are the top 10 professions that require police checks?

Case Study: How background checks improve efficiency & wellbeing in the aged care industry

Why your national police check might be referred

Minimising risk when working with children

How to overcome a criminal record with your employ

https://www.pwc.com/gx/en/services/advisory/forensics/economic-crime-survey.html

https://www.acic.gov.au/our-services/national-police-checking-service/find-out-more-information/how-service-works

https://cvcheck.com/faqs

https://cvcheck.com/police-checks/australia/national-police-check

https://checkpoint.cvcheck.com/why-your-australian-national-police-check-was-referred/

https://checkpoint.cvcheck.com/thehiddenrisksofrecruitment_whitepaperdownload/

https://checkpoint.cvcheck.com/cost-bad-hire-ebook-download/

https://checkpoint.cvcheck.com/how-to-talk-about-your-past/

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