National Criminal History Record Check

1. Who can apply for a National Criminal History Record Check (NCHRC)?
2. Can I apply for a National Criminal History Record Check for child-related employment purposes?
3. I am a volunteer in an aged-care facility. Do I need a National Criminal History Record Check?
4. How much does a National Criminal History Record Check cost?
5. Can I apply for a National Criminal History Record Check for insurance purposes?
6. How do I apply for a National Criminal History Record Check?
7. Can I apply at any NSW Police station?
8. Can I apply via mail?
9. Do I have to apply in person?
10. Where can I obtain an application form?
11. Which application form should I use?
12. Can I apply for a NCHRC via NSW Police Force whilst overseas?
13. What is a NSW Police Force Registered Organisation?
14. How do organisations become a NSW Police Force Registered Organisation?
15. What are acceptable types of identification?
16. Who can apply for a NCHRC fingerprint check?
17. In what form will results be provided?
18. What security features are included in a National Police Certificate?
19. Who will receive the National Police Certificate?
20. What is included in a National Police Certificate?
21. Which convictions are capable of becoming spent?
22. What are the consequences of a conviction becoming spent?
23. Are spent convictions ever released?
24. How long will it take to process my application?
25. How long is a National Police Certificate valid?
26. How do I dispute information contained on a National Police Certificate?
27. Does the National Police Certificate have any security features?
28. How can I obtain further information on NCHRC?

Q: Who can apply for a National Criminal History Record Check (NCHRC)?

A: NSW Police Force provides an opportunity for NSW residents aged 16 and above to apply for a National Criminal History Record Check (NCHRC) for visa, adoption, specified licensing purposes and paid employment where a community benefit is achieved. Additionally, NSW Police will provide a NCHRC service for volunteers in Commonwealth supported aged care facilities, in line with new Commonwealth regulations. The service is not available for child-related employment, Security Industry licensing, Firearms licensing or Australian residency purposes.

Q: Can I apply for a National Criminal History Record Check for child-related employment purposes?

A: NSW Police Force does not provide NCHRC for child related employment. Individuals seeking criminal record checks for child related employment should refer to the NSW Commission for Children and Young People website, www.kids.nsw.gov.au.

Q: I am a volunteer in an aged-care facility. Do I need a National Criminal History Record Check?

A: Under new regulations, volunteers working in some aged-care facilities will need to undergo a National Criminal History Record Check.

The new regulations come into force on 1 September 2007. At this date, all volunteers in a Commonwealth supported aged care facility must have either undergone or applied for a National Criminal History Record Check.

If you are unsure whether you need a National Criminal History Record Check you should discuss this with the facility you volunteer in.

Those affected by the new regulations should complete Form P799 Application for a National Criminal History Record Check (Standard disclosure). Convictions considered spent under state and federal legislation will not be disclosed.

Q: How much does a National Criminal History Record Check cost?

A: NCHRC fees at March 1, 2006 are:

• name and date of birth check: $52
• name, date of birth and fingerprint check: $175

Q: Can I apply for a National Criminal History Record Check for insurance purposes?

A: No. The National Criminal History Record Check policy does not provide for the release of criminal records for insurance purposes.

Q: How do I apply for a National Criminal History Record Check?

A: Individuals requiring a National Criminal History Record Check may apply through a NSW Police station or a NSW Police Force Registered Organisation. Please refer to Information Sheet No. 1 Applying for a National Criminal History Record Check available at www.police.nsw.gov.au

Q: Can I apply at any NSW Police station?

A. No. Applicants must contact the NSW Police station nearest their place of residence to organise a time and location to submit completed application forms.

Q: Can I apply via mail?

A: No. All applications must be presented in person at a NSW Police station or an authorised representative of a NSW Police Force Registered Organisation.

Q: Do I have to apply in person?

A: Yes. Applications will not be accepted unless presented to the NSW Police Force or authorised Registered Organisation representative in person.

Q: Where can I obtain an application form?

A: NCHRC application forms are available from www.police.nsw.gov.au or from NSW Police stations.

Q: Which application form should I use?

A. Individuals requiring a National Criminal History Record Check for general employment, licensing, visa, adoption and aged-care volunteering purposes should complete Form P799 Application for a National Criminal History Record Check (Standard disclosure). Convictions considered spent under state and federal legislation will not be disclosed.

Individuals requiring a National Criminal History Record Check for a category of employment or purpose for which there is an exemption from the NSW Criminal Records Act 1991 should use Form P800 Application for a National Criminal History Record Check (Full disclosure). All convictions (including those considered spent) will be disclosed. Persons seeking employment as a teacher or teachers aide in another country should use Form P800.

Q: Can I apply for a NCHRC via NSW Police Force whilst overseas?

A: No. The Australian Federal Police (AFP) has responsibility for processing requests for National Criminal History Record Checks from Australian residents living or travelling outside Australia. Information on applying for a NCHRC via the AFP may be obtained from www.afp.gov.au

Q: What is a NSW Police Force Registered Organisation?

A: NSW organisations who can demonstrate a need to facilitate the direct processing of more than 150 checks p.a. may apply to become a NSW Police Force Registered Organisation. Organisations must show that the use of NCHRC services will provide a benefit to the community and agree to the terms and conditions of registration outlined in Form P 828 - NSW Police Force Registered Organisation Application. Further information on becoming a NSW Police Force Registered Organisation is outlined in NCHRC Information Sheet No. 5 NSW Police Force Registered Organisation guidelines available at www.police.nsw.gov.au .

Q: How do organisations become a NSW Police Force Registered Organisation?

A: NSW organisations wishing to become a NSW Police Force Registered Organisation must complete Form P828 Application to become a NSW Police Force Registered Organisation available at www.police.nsw.gov.au

Q: What are acceptable types of identification?

A: Applicants must provide three (3) types of acceptable identification from the list below to prove their identity when applying for a National Criminal History Record Check. Identification must originals, not be expired and should include at least one type of photographic ID and identification that contains a signature and date of birth. Applicants must record in the space provided in the application form the identification type (eg Medicare card) and number (if applicable).

Acceptable types of identification are:

• Current passport
• Current drivers licence
• Birth Certificate
• Citizenship Certificate
• Certificate of Marriage or Change of Name
• Government issued identity card
• Private health care fund card
• Medicare card
• Senior Citizens / Govt. concession card
• Rates notice
• Utility account (eg electricity, gas, telephone)
• Government issued proof of age card
• Current student identity card
• Union/Professional membership card
• Licence issued by a Government authority
• Employee identity card with photograph

Q: Who can apply for a NCHRC fingerprint check?

A: Fingerprint checks are restricted to applications for visa and adoption purposes when requested by the overseas country or adoption organisation. It is the applicant's responsibility to determine if a fingerprint check is required. Applicants requiring a fingerprint check should select the Name, date of birth and fingerprint check box.

Q: In what form will results be provided?

A: Results of the National Criminal History Record Check are presented in the form of a National Police Certificate issued by the NSW Police Force Criminal Records Section.

Q: What security features are included in a National Police Certificate?

A: Full details of the security features contained on the National Police Certificate security features are outlined on the front and back of the certificate. The primary overt security feature is two pink coloured eagles at the bottom of the certificate which will disappear momentarily if friction (rubbing by finger) is applied.

Q: Who will receive the National Police Certificate?

A: National Police Certificates will only be released to the person or organisation nominated by the applicant in the consent section of the application form. No copies or duplicates will be released.

Q: What is included in a National Police Certificate?

A: National Police Certificates list all "disclosable court outcomes" recorded by Australian police jurisdictions against the applicant's name and/or fingerprints. "Disclosable court outcomes" include all findings of guilt (with or without conviction), released in accordance with state and federal legislation. Outstanding court matters may also be included.

Australian police criminal record information is generally limited to prosecutions initiated by police. Some offences are prosecuted by non-police organisations and details of convictions resulting from these prosecutions may not be included in the National Police Certificate.

Convictions considered "spent" under state and federal legislation will not be included in the National Police Certificate unless the category of employment or purpose of the application is considered exempt from relevant legislation.

Q: Which convictions are capable of becoming spent?

Under NSW legislation, all convictions are capable of becoming spent except:

• convictions for which a prison sentence of more than six months has been imposed;
• convictions for sexual offences;
• convictions against companies and other corporate bodies; and
• convictions prescribed by the Regulations

Q: What are the consequences of a conviction becoming spent?

A: If a conviction of a person is considered spent, the benefit provided to the person is that s/he is not required to disclose to any other person, for any purpose, information concerning the spent conviction. Secondly, any question concerning the person's criminal history is taken to refer only to any convictions of the person which are not spent. Finally, where an Act or statutory instrument applies to a person, any reference to a conviction is taken to be a reference only to any convictions of the person which are not spent, and any reference to a person's character or fitness does not provide for consideration of spent convictions in that assessment.

Q: Are spent convictions ever released?

A: Spent convictions will only be released if required for a category of employment or purpose exempt from the NSW Criminal Records Act 1991.

Q: How long will it take to process my application?

A: Applicants should allow a minimum of ten (10) business days for name and date of birth checks to be processed and fifteen (15) business days for name, date of birth and fingerprint checks. National Police Certificates will be mailed to the person or organisation nominated in the consent section of the application form.

Q: How long is a National Police Certificate valid?

A: National Police Certificates are only valid at the time of issue and are only to be used for the purpose stated on the NCHRC application form. They cannot be used for other purposes or released to a third party.

Q: How do I dispute information contained on a National Police Certificate?

A: Employers and organisations receiving a National Police Certificate should discuss the content of the Certificate with the applicant to enable them an opportunity to verify or dispute the record.

Applicants who dispute information recorded on the National Police Certificate should complete Form P827 Disputing criminal record information and forward the completed form to the NSW Police Force, Criminal Records Section, Information Management Team, Locked Bag 5102, Parramatta, NSW, 2124.

Applicants must specify the offences or information in dispute and be prepared to provide comparison fingerprints. The Criminal Records Section will notify applicants in writing in comparison fingerprints are required. No fee will be charged and fingerprints will be destroyed by the Criminal Records Section upon resolution of the dispute.

Q: Does the National Police Certificate have any security features?

A: The National Police Certificate has a number security features. Full details of the security features are contained on the front and rear of the National Police Certificate. The primary overt feature is the inclusion of two pink coloured eagles on the front of the certificate printed in heat sensitive ink. When moderate heat or friction is applied the eagles will fade or disappear momentarily. Details on all security features are contained on the front and back of the Certificate.

It is a criminal offence to alter or present a fraudulent copy of a National Police Certificate. The Criminal Records Section should be contacted if there is any doubt regarding the authenticity, or content, of the Certificate. The Criminal Records Section should be contacted if there is any doubt regarding the authenticity or content of the Certificate.

Q: How can I obtain further information on NCHRC?

A: Further information on NCHRC is available at www.police.nsw.gov.au or through the NSW Police Force Criminal Records Section on (02) 88357888.