Public sector agencies may seek national criminal history checks for two purposes:
Generally, legislation prescribes a national criminal history check as a pre-requisite for employment in particular kinds of occupations, such as national security rated positions and those working with children, young people and other vulnerable members of the community. A national criminal history check would commonly be seen as a normal part of that assessment. Requirement for a national criminal history check is often prescribed in legislation as part of the registration conditions for doctors, nurses, teachers and other professionals. Similarly, a national criminal history check is required as part of processing applications for the grant of Australian citizenship.
Public sector agencies which conduct 500 or more national criminal history checks within a 3-year period may seek accredited agency status. Accredited agencies deal directly with CrimTrac rather than the police services. An agreement for the provision of the NPCS in the form of a memorandum of understanding (MOU) is established between CrimTrac and core Commonwealth Government agencies. A contract is executed between CrimTrac and State/Territory/Local government agencies and private sector entities. (See Further Information below).
Private sector entities which conduct 500 or more national criminal history checks within a 3-year period may also seek accredited agency status. These entities may request national criminal history checks for a wide range of legitimate purposes including employment screening/probity checking. In some cases, employers may be required by law to seek national criminal history checks for prospective employees. (e.g. private schools and child care facilities.)
Private sector entities may request national criminal history checks either for their own direct use or for the use of their "customers" and with the explicit written consent of the person being checked. They and/or their "customers" must protect the criminal history information from improper access or use.
A fundamental principle of delivering the NPCS to private sector entities is that the purpose of the check (i.e. to comply with legislation or provide a community benefit) is the justification for the check, not the industry or business sector in which the entity operates.
A contract is executed between CrimTrac and private sector entities.
Further information is available in the following documents. If you experience difficulty reading any of the documents, please contact CrimTrac via our email address at crimtrac@crimtrac.gov.au