What does passing a Nationally Coordinated Criminal History Check mean

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Australian National Character Check (ANCC) makes every effort to provide updated and accurate information to its customers. However due to the continuously changing nature of legislations for the Commonwealth and various States and Territories, it is inevitable that some information may not be up to date. The information on the website is general information only. The contents on the website do not constitute legal or professional advice and should not be relied upon as a substitute for legal or professional advice. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, suitability, accuracy or availability with respect to the information.

Most employers in Australia seem to employ only candidates who have passed their Nationally Coordinated Criminal History Check. This worries applicants who always hope they pass their Nationally Coordinated Criminal History Check. Now, most applicants only focus on "passing" their Nationally Coordinated Criminal History Check as if it is some form of exam or test.

The Nationally Coordinated Criminal History Check is nothing close to all these, “Passing” a Nationally Coordinated Criminal History Check is just an innocent term used to tell that the candidate does not have a record that compromises the position they seek.

Or

The Candidate's Nationally Coordinated Criminal History Check returns with a No Disclosable Court Outcomes (no convictions are found on their Nationally Coordinated Criminal History Check certificate).

What is an example of a Passed Nationally Coordinated Criminal History Check?

Generally, passing your Nationally Coordinated Criminal History Check means that the candidate does not have a Disclosable Court Outcome (D.C.O.) on their Nationally Coordinated Criminal History Check certificate.

The Disclosable Court Outcomes are the convictions of an individual that are considered releasable under the State jurisdictions. It contains all the convictions of the individual related to the role or applications the candidate seeks. However, a No Disclosable Court Outcomes (NDCO) means the candidate does not have a releasable conviction record on their Nationally Coordinated Criminal History Check.

Furthermore, passing your Nationally Coordinated Criminal History Check may depend on the organization or type of role you are applying for. For example, an employer may consider that you have passed your nationally coordinated criminal history checks if you don't have a conviction related to the role you are applying for.

What happens if I don't pass my Nationally Coordinated Criminal History Check?

Employers mostly insist on passing your Nationally Coordinated Criminal History Check before admitting or hiring you into the role or position. If you don't pass your Nationally Coordinated Criminal History Check, the organisation may refuse to accept or hire you for the role.

However, agencies like the AHRC and the E.O.C. encourage employers to consider other factors when analysing a candidate's Nationally Coordinated Criminal History Check certificate in a practice that prevents discrimination and unfair treatments.

For example, if the candidate has a conviction record, the decision-makers should consider the relevance of that conviction to the role.

What do I do if I have failed a Nationally Coordinated Criminal History Check?

Technically, you cannot fail the Nationally Coordinated Criminal History Check; it can only reveal certain conviction records that make your certificate look "bad" before employers. Yet, this should not stop you from applying for the role or license, especially where there are some hidden circumstances about your conviction history.

Although employers state what they want candidates who have “passed' Their Nationally Coordinated Criminal History Check, the assessment may be lenient if such records;

• Are not relevant to the role or position,
• The offences were minor and happened long ago,
• The conviction had Extenuating circumstances.

How can I pass my Nationally Coordinated Criminal History Check?

Since most employers only care about the candidate passing the check, candidates now get obsessed with how to “pass” their Nationally Coordinated Criminal History Check. There is no specific skill to “passing” a Nationally Coordinated Criminal History Check in Australia.

• Maintain a Clean record in Australia

The path to having an "impeccable record" does not start when you apply for the Nationally Coordinated Criminal History Check; it is a process that culminates from your early actions with the Australian laws. The best way to "pass" your Check is to abstain from every criminal act in Australia - Yes, you can have a clean record.

• Seek other programs instead of a court conviction

However, if you already have a conviction or an ongoing charge, always get a lawyer to seek other diversionary programs or sentence suspension. If the Magistrate considers you worthy for a suspended sentence or release under a Good Behaviour Bond, it has a minimal effect than having a conviction recorded against you.

For example, a Good Behaviour Bond will “disappear” from your Nationally Coordinated Criminal History Check as soon as the bond duration expires.

• Consider seeking Out of Court settlements

Before or while your matter is in court, discuss with your prosecutors or other parties to find if the case can be settled Out-Of-Court. Settling an issue outside the courtroom is better than receiving a conviction for the charge.

Matters settled out of court do not appear on the Nationally Coordinated Criminal History Check or the candidate's criminal records.

Furthermore, if the traffic or Police official issues an infringement notice or other tickets instead of a court summons or charge, try to settle such Tickets.

What appears on a Nationally Coordinated Criminal History Check or Makes you fail a Nationally Coordinated Criminal History Check?

Usually, the records or details determine whether a candidate/applicant has failed or passed the Nationally Coordinated Criminal History Check. Passing your Nationally Coordinated Criminal History Check depends mainly on the organisation's policies or role they are hiring for.

The records that appear on your Nationally Coordinated Criminal History Check certificate are the Disclosable Court Outcomes (D.C.O.). The details of your D.C.O. includes;

• All court convictions

Your DCOs are the only records that appear on your Nationally Coordinated Criminal History Check in Australia; they are court convictions by an Australian court. Once the court issues a sentence against a person, it will go into their criminal records in Australia and show up on their check.

• Sexually related offences

Sexual offenders may be a potential risk in working in some roles; such offenders operating in the vulnerable sector may even draw the ire of the community. Employers who cater to vulnerable or sensitive populations will refuse a sex offender.

• Fraud related offences

Stealing and other fraud-related offences will primarily appear on a Nationally Coordinated Criminal History Check certificate if the candidate seeks a finance-related role.

Having a fraud offence is a potential for a "failing" a Nationally Coordinated Criminal History Check, especially in a finance-related role.

• Pending or ongoing charges

The court can decide to include an individual's pending charges to their Nationally Coordinated Criminal History Check certificate, especially those relevant to the roles. It does not matter how far the court proceedings or hearing has gone before the details are included in your criminal history.

• Arrest warrants

If the court issues an arrest warrant against a person for a criminal offence, it enters their criminal record on the Australian database.

The Australian Police forces execute the Arrest warrants from the Justice or Courts. However, if the Police cannot find the person within that period, the arrest warrant will remain on their Criminal records.

• Non-conviction sentences

Even where the court does not issue a conviction against the candidate, it will still appear on their Criminal record if the court finds them guilty of the offence. A no conviction sentence does not appear on the Nationally Coordinated Criminal History Check if some diversionary programs are issued instead of it.

• Sexually related offences

Suppose you are applying for a paid role relating to the care of vulnerable or other groups. In that case, a sexual-related offence can cause the candidate to “fail” their Nationally Coordinated Criminal History Check certificate.

Employing a repeat sexual offender is a significant risk, especially where the role involves;

• The Aged,
• Children and other vulnerable populations,
• The disabled or those with special needs,
• Foster care homes.

• Offences against corporate bodies

Another important detail for most employers is digging through the candidate's history with corporate bodies. Conviction records against corporate bodies cause the candidate to "fail" their Nationally Coordinated Criminal History Check certificate.

Offences against corporate bodies can range from;

• Forgery,
• Financial crimes,
• Improper work behaviours,
• Misappropriations,
• Stealing offences.

• Driving/Traffic offences

A Traffic conviction in your Nationally Coordinated Criminal History Check certificate can make you "fail" the certificate if you apply for a driving-related role.

For example, if you are applying as a company driver or a school bus driver, a Traffic conviction will be a dent in your application.

Will failing a Nationally Coordinated Criminal History Check affect my chances?

Yes, there are many disadvantages to failing the Nationally Coordinated Criminal History Check in Australia; usually, it dents the candidate's applications. Failing your Nationally Coordinated Criminal History Check in Australia can have dire consequences, especially if the employer is strict in interpreting/assessing your Police records.

• Paid Employment

Most employers prefer to hire candidates whose Nationally Coordinated Criminal History Check certificate comes out as a No Disclosable Court Outcomes (NDCO). However, they will still assess employers with D.C.O.s where it does not affect the role or position they are applying for.

• Licensing agencies

You must generally submit a Nationally Coordinated Criminal History Check certificate before you obtain specific licenses in Australia. For example, the Agency issuing Commercial Driver Accreditation licenses may demand your criminal records before issuing you such a permit. The records that are usually evaluated on a Nationally Coordinated Criminal History Check for license purposes are those relating to (and not limited to);

• Assault offences,
• Violence,
• Public disturbance offenes like Affray,
• Domestic violence

• Accreditation or professional bodies

Almost all professional or accreditation bodies assess the candidate's criminal history and records before admitting them into the organisation. If the professional body finds certain compromising records or offences against the individual, they can refuse the position.

How many times do I need to “pass” a Nationally Coordinated Criminal History Check?

Most employers request a current Nationally Coordinated Criminal History Check certificate from the candidate or employee before hiring them or admitting them into the role. For employees or members of professional bodies or current staff, the organisation may demand the candidate to provide nationally coordinated criminal history checks at regular intervals (e.g. annually).

Can an Employer assess my Criminal records?

Yes, most employers consider the Nationally Coordinated Criminal History Check as the utmost reflection of a candidate's criminal records. An employer cannot assess your criminal records or any other record without your consent in Australia.

Also, the organisation or employer must employ safe and secure practices while handling a candidate's Criminal records.

How do I correct a Failed Nationally Coordinated Criminal History Check?

People wonder if they can alter the result of their failed Nationally Coordinated Criminal History Check before submitting it to the requesting party; the short answer is NO.

There is practically no way to correct or change the outcome of your Nationally Coordinated Criminal History Check. If you really must appear for the role or position, you can discuss the conditions of your convictions with the employer or the decision-makers.

Can I complain about an unfair assessment of my Nationally Coordinated Criminal History Check?

The Australian legislation sets up a special commission to ensure no discrimination or any form of sidelining a candidate unfairly.

However, if you feel the employer or agency has been unfair about assessing your criminal records, you can complain about the

• Equal Opportunity Commission, or
• Australian Human Right Commission (AHRC).

These agencies even provide guidelines that help employers in assessing the candidate's Nationally Coordinated Criminal History Checks. For example, it can be unethical for an employer to indiscriminately dismiss or refuse a candidate based on their Nationally Coordinated Criminal History Check without evaluating the convictions step by step.

Do all Conviction records show up on my Nationally Coordinated Criminal History Check?

Some records may appear in other records apart from the Criminal records on the Australian Criminal Database. These records are part of your No Disclosable Court records (NDCOs) regardless of their severity or type as long as they do not appear on the criminal records.

Some of them include;

• Overseas convictions

Regardless of the convictions on your overseas records, they cannot cause you to “fail” a Nationally Coordinated Criminal History Check. Any conviction given by an overseas court does not enter your Australian Police records on the criminal database.

How can I obtain a Nationally Coordinated Criminal History Check?

Individuals

If you are an individual, you can obtain a Nationally Coordinated Criminal History Check certificate online via Australian National Character Check's Nationally Coordinated Criminal History Check application and informed consent form. The results are dispatched via email.

Business and Enterprise Customers

Business and Enterprise customers are able to sign up to ANCC's business portal where they can order, manage, track and view candidates' Nationally Coordinated Criminal History Check results on their business portal.

Organisations will undergo a process of approval prior to being granted access to ANCC's business portal for the purpose of nationally coordinated criminal history checks.

ANCC sends an invite to the applicant to complete their Nationally Coordinated Criminal History Check online and handles the application and informed consent form. Contact ANCC's business and enterprise partnerships team today to enquire about setting up a business portal for your organisation.

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