ACIC General information and informed consent declaration

The Australian Criminal Intelligence Commission (ACIC) is collecting your personal information in this form to conduct a National Police History Check (NPHC) on you. It does this through a contractual arrangement with the Accredited Organisation Crime Check Australia Pty Ltd (“Crime Check Australia”, “Crime Check”). ACIC has contractual arrangements with its Accredited Organisations to collect personal information on its behalf to support processes assessing the suitability of people applying for employment, Australian citizenship, appointment to positions of trust, volunteer service or for various licensing or registration schemes. Accredited Organisations and their customers (such as employers) use the personal information collected on this form and the resulting NPHC as part of their assessment process to determine your application. Some Accredited Organisations have a legislative basis for the collection, use and disclosure of your personal information. ACIC recommends that you seek further information about any relevant/applicable legislative framework from the Crime Check Australia. In some circumstances, Accredited Organisations may have arrangements with overseas entities for administrative or other purposes. ACIC recommends that you seek further information from Crime Check Australia in circumstances where your information is likely to be disclosed to overseas recipients. Unless statutory obligations require otherwise, the information provided on this form will not be used without your prior consent for any purpose other than in relation to the assessment of your suitability; or to maintain the records of ACIC and police agencies; or for law enforcement purposes. You will be required to complete another consent form for any future NPHCs.

National Police History Check (NPHC)

Information on this form will be used by ACIC and police agencies for checking action; it will also be used to update records held about you by ACIC and police agencies. ACIC and police agencies will access their records to obtain and disclose Police History Information (PHI) that relates to you to: a) Crime Check Australia; and b) where applicable, the employer/Organisation named in the form. PHI may include outstanding charges, warrant information and criminal convictions/findings/pleas of guilt recorded against you. PHI is disclosed in accordance with applicable laws of the relevant jurisdiction and, in accordance with the relevant jurisdiction’s information release policies. Applicable laws include but are not limited to spent convictions legislation. The following links may be helpful in sourcing information on spent convictions in your State/Territory:

Commonwealth www.comlaw.gov.au

New South Wales www.legislation.nsw.gov.au

Queensland www.legislation.qld.gov.au

South Australia www.legislation.sa.gov.au

Victoria Police www.police.vic.gov.au

Western Australia www.slp.wa.gov.au

Northern Territory www.nt.gov.au/dcm/legislation/current.html

Australian Capital Territory www.legislation.act.gov.au

Tasmania www.thelaw.tas.gov.au

Limitations on accuracy and use of PHI

While every care has been taken by ACIC and police agencies to conduct a search of PHI that relates to you, the accuracy and quality of an NPHC issued by ACIC depends on the accuracy of the identification provided by you (including aliases), the comprehensiveness of police records and is based on the information provided in this form. If you do not complete the information requirements in this form, the success and validity of the NPHC will be compromised. It is in your interest to provide full and complete details in this form.

Dispute of results

If for any reason you do not agree with the results of your check, please Crime Check Australia so that the NPCS dispute process can be initiated.

Crime Check Australia is responsible for accepting and escalating disputes.

You can find more information on how to dispute the results of your check by clicking here.

ACIC contact details

For more information regarding the NPHC process or the handling of personal information and Police History Information, you can contact the ACIC’s National Police Checking Service on: Phone: 02 6268 7900 Email: npcs@acic.gov.au

Provision of incomplete, false or misleading information

You and Crime Check Australia must take reasonable steps to ensure that the personal information collected or disclosed is accurate, complete and up to date. You are asked to certify that the personal information you have provided on this form is correct. It is a serious offence to provide false or misleading information on this form.

Disclosure of personal information to third-party entities.

We might engage third-party organisations to be able to provide our service.

Some of said organisations and/or service providers with whom we have contractual agreements are Australian companies and will provide their services from Australia. In order to effectively deliver our services to you, we may need to disclose some or all your personal information to said entities.

For example, we might engage the services of an Australian payment processor for the purpose of collecting the payments for our services. In order to process your payment, we need to disclose some of your personal details like your name, surname, email and ip address to said processor.

We may engage the services of a hosting cloud provider to store your data securely in a data center located in Sydney.

We may disclose your personal information to our DVS (Document Verification Service) providers, on a strict “need to know” basis, in order to verify your identity. We use a DVS (Document Verification Service) provider to match the information you provided to us against several sources such as government databases and document issuers for the purpose of confirming your identity and verifying the authenticity of the documents provided to us.

We may engage the services of an Australian third party DVS provider to determine to determine the authenticity of your identity documents in order to ensure that your proof of identity requirements are met as efficiently as possible.

Cross-border disclosure of personal information and Permitted Offshore Transfer

In order to deliver our services effectively to you, we may need to supply or make your personal information accessible to overseas recipients with whom we have contractual agreements with.

This will happen on a strict “need to know” basis.

No personal data gathered for the purpose of the service will be stored outside Australia.

We might engage third-party organisations to be able to provide our service.

Some of said organisations and/or service providers with whom we have contractual agreements with may provide their services from overseas locations. In order to effectively deliver our services to you, we may need to make accessible some or all of your personal information to said entities.

Also, we may engage the services of third parties located overseas who provide us with the tools to communicate with you in an effective manner, including ingoing and outgoing emails and tickets.

We may engage the services of third parties located overseas for the purposes of improving and maintaining our IT infrastructure and website. Such parties may have, on a strict “need to know” basis, access to your personal information.

We may engage the services of third parties located overseas for the purpose of notifying you on the progress of your application via SMS.

Crime Check Australia has implemented mechanisms to ensure that your personal information remains protected at all times even when accessed by a third-party provider overseas, and such accesses to your personal information will be performed on a very strict “need to know” basis.

Disclosure of personal information to overseas entities is governed by Chapter 8 from the Australian Privacy Act, by which we are bound.

More information on APP 8 can be accessed here:

https://www.oaic.gov.au/privacy/australian-privacy-principles-guidelines/chapter-8-app-8-cross-border-disclosure-of-personal-information/

Please refer to our privacy policy for more details on cross-border disclosure of personal information.

By submitting your application, you consent to some or all of your personal details to be disclosed, on a ¨need to know¨ basis,  to Australian and/or overseas recipients in alignment with chapter 8 of the Australian Privacy Act and our privacy policy.

Cross-border disclosure of police information

Crime Check Australia does NOT disclose or otherwise transfer any police information to recipients overseas unless you have instructed us to do so.

Acknowledgement and consents

By submitting this form:

  • You acknowledge that you have read the General Information above and understand that information will be disclosed in accordance with applicable legislation and information release policies (including spent convictions legislation (however described) in the Commonwealth, States and Territories);
  • You understand that the purpose for which you are seeking a NPHC may be in a category for which exclusions from spent convictions legislation may apply;
  • You have fully and correctly completed this form, the personal information you have provided in it relates to you, contains your full name and all names previously used by you;
  • You acknowledge that the provision of false or misleading information on this form is a serious offence;
  • You acknowledge that Crime Check Australia is collecting information in this form to provide to Australian Criminal Intelligence Commission (ACIC) (an Agency of the Commonwealth of Australia) and police agencies;
  • You acknowledge that any police information relating to you is being disclosed in accordance with the purposes stated in this form;
  • You acknowledge that any information provided by the police agencies or ACIC relates specifically to the purpose identified in this form;
  • You acknowledge that any information sent, by mail or electronically, in relation to this form, including any identity documents, is sent at your own risk and you are aware of the consequences of these methods of lodgement;
  • You acknowledge that personal information and police information that you provide in this form may be disclosed to Crime Check Australia and third-party organisations in jurisdictions outside Australia listed in the section titled ‘Disclosure of your personal and police information’ above ; and
  • You acknowledge and consent to your personal information being disclosed to police agencies and used for general law enforcement purposes including the investigation of any outstanding criminal offences, including those purposes set out in the Australian Crime Commission Act 2002 (Cth).

You consent to:

  • a Nationally Coordinated Criminal History Check being undertaken on all names under which the applicant was, is or has been known, as provided by you to Crime Check Australia;
  • ACIC and police agencies using and disclosing your personal information to conduct a National Police History Check;
  • the police agencies disclosing to ACIC, from their records, Police History information that can be disclosed in accordance with the laws of the Commonwealth, States and Territories and in accordance with the relevant jurisdiction’s information release policies;
  • ACIC disclosing the information sourced from the police agencies to Crime Check Australia; and
  • Crime Check Australia, where applicable, disclosing to the employer/organisation personal information to assess your suitability in relation to the purpose identified in this form.

Note: The information you provide on this form will be used only for the purpose stated in this form unless statutory obligations require otherwise.