TERMS AND CONDITIONS - INDIVIDUALS
Thank you for choosing Crime Check, a trading entity of Crime Check Australia Pty LTD, operating crimecheckaustralia.com.au (the Website) to provide you with checking, validation, verification and sourcing services (Checking Services) of your personal information, and our software as a service platform (Software) to facilitate the access, sharing and distribution of your validated, enriched, or otherwise procured information by yourself, or with other parties through the sharing platform and services (Sharing Services).
The Checking Services and Sharing Services, and Website (Services) are provided by Crime Check Australia Pty LTD, trading as Crime Check (crimecheckaustralia.com.au), ABN 93 634 172 295, ACN 634 172 295, from its headquarters located at:
- by phone on (03) 8400 4453 ;
- by email firstname.lastname@example.org;
Also, by starting, or continuing to use the Services, you agree that we may change, amend or adjust the terms and conditions or change or upgrade the Services by advising you by email or providing appropriate notification on the Website.
SECTION 1 - Checking Services
Your Request for Checking Services
Crime Check will not provide the Checking Services to you unless you have provided to Crime Check (through the Website):
- necessary proof of your identity (as stipulated by Crime Check on the Website, and which may include identification documents and biometrics)
- a request for Checking Services; and
- any further information Crime Check may need to provide the requested Checking Services.
If Crime Check requires further information from you to provide the Checking Services you requested, Crime Check will ask you for it. If Crime Check has not received that further information within 30 days of Crime Check asking for it, your request will be taken to have been suspended.
Right to Refuse Checking Services
By requesting the Checking Services, you are appointing Crime Check as your agent for the purposes of providing to, and obtaining from, any third party any information that is necessary in order to perform the Checking Services.
Provision of Checking Services
If Crime Check does not refuse your request, Crime Check will: (a) perform the Checking Services you requested (but if you have requested Checking Services that require checks outside Australia or New Zealand, Crime Check will provide those to the extent that it is reasonable and practicable to do so); and (b) prepare a Check Result Report for you, which will set out the results of the Checking Services requested.
With the exception of the Nationally Coordinated Criminal History Check ('NCCHC') service provided by Crime Check which is facilitated exclusively under supply from the Australian Criminal Intelligence Commision ('ACIC'), other Checking Services are conducted by making requests to other third parties (individuals or organisations) who supply information to Crime Check. If those third party suppliers do not release requested information within a period of 30 days of Crime Check’s request for information, your request will be treated as having been suspended.
Crime Check may change, suspend, limit, restrict or discontinue any aspect of the Checking Services at any time without notice or liability including the availability of and access to any part of any feature on the Website.
Payment of Services & Refund Policy
Each time you make a request for Checking Services, you must pay Crime Check by credit card or other method approved by Crime Check in accordance with the fees set out on the Website.
Crime Check Australia will only refund at its own discretion on a case-per-case basis. You will not be eligible for a refund for those services in which You have not:
- confirmed that the relevant Police Check will be acceptable for the purpose(s) you intend to use it for.
- provided true and correct information with respect to any relevant police check application;
- properly and accurately completed any online application with respect to the relevant Police Check;
- properly provided all consents (including by signing and dating any pre-populated informed consent form) required by Crime Check Australia with respect to the relevant Services; or
- properly provided all identification information required by Crime Check Australia with respect to the relevant Services.
Crime Check Australia is not responsible for, and the You acknowledge not being entitled to any refund with respect to:
- data entry errors made when inputting information, failure to provide the required details and other information (including identification information), or the provision of false or incorrect information with respect to the relevant Police Check Application;
- the expiry of any application, including where the application expires before You have received the relevant Police Check;
- change of mind after partially or fully completing a Police Check Application;
- selection of the wrong Police Check type and/or reason for the Police Check when completing the relevant Police Check Application; or
- failure by to properly complete an Application, including failing to sign, date and return any informed consent form required with respect to the Services the subject of that Application.
In the cases in which Crime Check Australia agrees to a refund, the full amount of the transaction will be refunded to your original method of payment. We do not charge processing or administrative fees for any refund. Your bank or financial institution institution may, however, charge you a small processing fee for the original payment and for receipt of the refund.
To request a refund, You can do so by contacting Us using our contact form, by sending an email to email@example.com or by calling us directly to our number (03) 8400 4453.
When requesting a refund, please specify your first and last name, your DOB and the unique reference code that was sent to you when applying (6 letters). You will also need to specify the reason why You are requesting the refund. Crime Check Australia will then assess the refund request and determine if You are eligible for a refund.
To the full extent permitted by Law, Crime Check Australia reserves the right to deny any refund request on its own discretion.
Goods and Services Tax (GST)
If any payment made by you to Crime Check under or relating to the Checking Services constitutes consideration for a taxable supply for the purposes of GST or any similar tax, the amount to be paid for the supply will be increased so that the net amount retained by Crime Check after payment of that GST is the same as if Crime Check was not liable to pay GST in respect of that supply. This provision is subject to any other agreement regarding the payment of GST on specific supplies.
Identity Verification Services
In order to verify your identity electronically in connection with the provision of the Nationally Coordinated Criminal History Check, we may pass on information you provide (such as names, addresses and copies of identification documents) to Commonwealth and State government departments via the Australian Government Document Verification Service (DVS).
DVS will send information, using a secure line, to the issuers of the identification documents where an automated check of that data will verify whether the information provided matches the information held by the issuer. The issuer sends an automatic response via DVS to confirm or deny whether the details match the database records it holds.
- the information you are providing is correct, accurate and up to date;
- that the information you are providing is your personal information and you have authority to provide it to us; and
- we may use and disclose your personal information for the purposes of electronic verification as described above.
To ensure compliance with the Document Verification Service requirements, we will explicitly ask you prior for consent in conducting such verification on the DVS, which will be in addition to any informed consent required for the Nationally Coordinated Criminal History Check service.
SECTION 2: Sharing Services
Sharing Information with a Registered Organisation
In using Crime Check and the Sharing Services, you may choose (but are under no obligation) to share your personal information (e.g. results of a Nationally Coordinated Criminal History Check) (User Information) with organisations that are registered (Registered Organisation) on the Crime Check portal. You are solely responsible for controlling whether your User Information will be shared with an organisation.
Once an organisation has registered with Crime Check, its administrative users will create a unique identification number (Organisation Identifier). You may share your User Information with an organisation by inputting the Organisation Identifier into the Crime Check portal and explicitly confirming the request to send your User Information to an organisation. Your User Information will then be sent electronically to that organisation.
By entering the Identifier in the Crime Check platform and explicitly confirming the request to share User Information with an organisation, you agree that:
- any User Information sent electronically is sent at your own risk and you are aware of the consequences of this method of sharing information;
- the User Information is personal to you and you have authority to share it with an organisation;
- it is your responsibility to ensure that the Organisation Identifier is kept securely, remains confidential and is not misused;
- Crime Check may check and verify your User Information before it is shared with an organisation;
- you grant the organisation to which you are sending your User Information permission to view, access, validate, store and otherwise handle your User Information for the primary purpose for which you have specified (e.g. applying for employment or undertaking volunteer work);
- your User Information may be maintained in the organisation's records; and
- you may not be able to retrieve or amend your User Information once it has been sent to an organisation.
Some organisations may be located outside of Australia. Should you choose to share your User Information with an overseas organisation, you agree that:
- Crime Check is not required to take more than reasonable steps (in alignment with its obligations as an Australian Privacy Principles ('APP') bound entity), to ensure overseas organisations comply with all applicable Australian privacy laws in relation to disclosure of your User Information;
- the overseas recipient will not be accountable under any applicable Australian privacy laws in relation to the collection, use, storage, destruction, de-identification and otherwise handling of User Information;
- you will not be able to seek redress for any misappropriation of your User Information under any applicable Australian privacy laws; and
- Crime Check takes no responsibility for any breach by overseas organisations in relation to your User Information (howsoever caused) of any applicable Australian privacy laws.
Sharing Information via Unique Link
After Crime Check has prepared the results of your check request (Check Result Report), Crime Check will:
- place the Check Result Report in a secure location on the Website; and
- provide you with the provisions and ability to nominate third parties with which to share a unique results URL (Unique Link) that provides access to those parts of the Check Result Report that you wish to disclose to them.
You can request more than one Unique Link. Please note that, in order to comply with legal requirements, certain reports will be deleted from the Check Result Report after relevantly prescribed time periods.
You control access to each Unique Link
After Crime Check has placed the Check Result Report on the Website, you are solely responsible for controlling access to the Check Result Report and each Unique Link that you have requested.
Crime Check will not be liable for any access provided or permitted by you to anyone (whether you did so intentionally or by accident) or for access through any unauthorised use of a Unique Link. You may request, delete or edit a Unique Link at any time by going to your member’s page of the Website.
SECTION 3: General
Control of User Information & Privacy
By using Crime Check and Services, you agree to Crime Check:
- checking and verifying that the information you have provided to Crime Check is correct;
- providing your User Information to the parties or organisations that you give access to or share information with, or external parties that are required to fulfil the Services; and
- retaining and storing your User Information (unless you revoke consent by writing to Crime Check, or instruct Crime Check to deactivate your user account).
With the exception of the Nationally Coordinated Criminal History Check service provided by Crime Check which is facilitated exclusively under supply from the Australian Criminal Intelligence Commision ('ACIC'), in order to provide other Checking Services to you, your personal information may be exchanged between companies within Crime Check or Crime Check may disclose your personal information to its contractors, some of whom may be overseas (this explicitly excludes the Nationally Coordinated Criminal History Check). In order to provide the Checking Services to you, it will be necessary to disclose your personal information to a third party capable of verifying your information who may also be overseas. It is a condition of ordering these overseas Checking Services (with the exception of the Nationally Coordinated Criminal History Check) that you consent to these disclosures.
Crime Check will take all reasonable steps to protect your personal information from misuse and loss and from unauthorised access, modification or disclosure. Crime Check will protect the security of personal information and maintaining physical, computer and communications security by preventing unauthorised access to its premises, its computer network and its communications. Other than you, people you nominate and third parties who will be asked to verify your information, only authorised staff and contractors of Crime Check will have access to your personal information.
Please note that Crime Check may not be able to retrieve your User Information if it has been passed to a third party (with your consent) and such information is maintained in that third parties' records.
Unless you choose not to let Crime Check do so, Crime Check may use your details to tell you about special offers and new products and services.
Risk of Loss & Limitation of Liability
While all reasonable care is taken, Crime Check does not warrant nor accept responsibility for the accuracy of the information provided to it by third parties. You agree to indemnify, release, discharge and hold harmless Crime Check, its directors, employees, officers, contractors and overseas suppliers from and against any and all losses, liabilities, damages, costs and expenses suffered or incurred including but not limited to in relation to causes of action you may have in defamation, breach of privacy, negligence and breach of contract against Crime Check, its directors, employees, officers, contractors and overseas suppliers. Crime Check will not be liable or responsible for the use of any information accessed from a Crime Check Report or through any use of a Crime Check Link by you or anybody else.
In consideration of the Australian Criminal Intelligence Commision (ACIC) in the instance of the Nationally Coordinated Criminal History Check service, or for other Checking Services, any other third party supplier releasing details of any of your personal information, you hereby indemnify the Commonwealth Government or that other third party supplier (as the case may be), together with their servants and agents including all members of ACIC, against all actions, suits, proceedings, causes of action, costs, claims and demands whatsoever which may be brought or made against it or them by any body or person by reason of or arising out of the release of any details of any conviction or other information recorded against your name or purporting to either relate to or concern you.
SECTION 4: Your Acknowledgements
In using the Services you agree:
- that it is your responsibility for the security of the network from which the Services or Website or Software is accessed;
- that it is your responsibility to ensure the secured use of the Crime Check Software and Website, and to be informed as to who is authorised to view or receive information from Crime Check Software and Website;
- you are liable and responsible for the management of your information such that it is compliant with all relevant legislation in the jurisdiction in which you operate.
Additionally, you agree to Crime Check:
- searching, locating and sourcing the information relating to you from other sources in its absolute discretion;
- checking and verifying that the information you have provided to Crime Check and your information located from other sources is correct;
- providing your Check Result Report containing your information to those people you give access to (unless such access is revoked by you, either by deactivating access via Crime Check’s website or by writing to Crime Check);
- holding your personal information including but not limited to details of your qualifications, professional and other memberships, employment, rental and other references, and any other Services provided now or in the future that you request from Crime Check;
- letting Crime Check’s contractors and overseas suppliers (except for the Nationally Coordinated Criminal History Check) access your information when required by Crime Check for the purposes of providing, reviewing, auditing, analysing or improving the Services; and
- retaining and storing your Check Result Report containing your information (unless you revoke consent by writing to Crime Check). Please note that in order to comply with legal requirements, certain records will be deleted after prescribed time periods.
SECTION 5: Australian Nationally Coordinated Criminal History Check
The Australian Nationally Coordinated Criminal History Check is a service provided by Crime Check, which provides the ability to request, and share the results of such service with other parties. If you request a Nationally Coordinated Criminal History Check, you:
- acknowledge that you have read the General Information Guide (See Appendix A) provided by ACIC (the Australian Criminal Intelligence Commission) 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);
- acknowledge that any information provided by you relates specifically to the purpose (role and type of organisation you require the check for) identified in the Check Type, Check Purpose and Check Role/Organisation section of the Crime Check Nationally Coordinated Criminal History Check online application form;
- acknowledge that the purpose for which you are seeking a Nationally Coordinated Criminal History Check may be in a category for which exclusions from spent convictions legislation apply;
- confirm that you will fully answer all questions asked by Crime Check and the personal information you provide relates to you, contains your full name and all names previously used by you, and is correct;
- acknowledge that the provision of false or misleading information is a serious offence;
- acknowledge that Crime Check is collecting information to provide to ACIC and police agencies;
- consent to:
- ACIC and police agencies using and disclosing your personal information to conduct a Nationally Coordinated Criminal History Check;
- Police agencies disclosing to ACIC, from their records, Criminal History information that can be disclosed in accordance in accordance with the laws of the Commonwealth, States and Territories and in accordance with the relevant jurisdiction's information release policies; and
- ACIC providing the information disclosed by the Australian police agencies to Crime Check;
- acknowledge that any information sent electronically in relation to the check including any identity documents, is sent at your own risk and you are aware of the consequences of this method of lodgement;
- acknowledge that it is usual practice for an applicant's personal information to be disclosed to Australian police agencies for them to use for their respective law enforcement purposes, including the investigation of any outstanding criminal offences; and
- acknowledge that personal information that you provide will be disclosed to Crime Check (including contractors or related bodies corporate) located exclusively within Australia.
SECTION 6: Copyright
No part of this website may be copied or imitated in whole or in part. No logo, graphic, sound or image from this website may be copied or re-transmitted unless expressly permitted in writing by Crime Check. The information contained within this site is also subject to the same copyright conditions and cannot be copied, imitated or used in whole or in part without the permission of Crime Check.
The logo "crime check australia" is a trademark of Crime Check Australia PTY t/as Crime Check (crimecheckaustralia.com.au).
SECTION 7: Governing Law
A failure by you or Crime Check to exercise any right under these terms and conditions does not prevent any other or further exercise of that or any other right.
The rights under these terms and conditions are cumulative and not exclusive of any rights provided by law.
If any particular term or condition is unenforceable for any reason, that will not affect any other.
SECTION 8: ACIC General Information
ACIC is collecting your personal information via Crime Check's Nationally Coordinated Criminal History Check online application form in order to conduct a National Criminal History Check (NPHC) on you. It does this through a contractual arrangement with the Accredited Organisation – Crime Check Australia PTY t/as Crime Check (crimecheckaustralia.com.au). 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 the Crime Check National Criminal History Check online application 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 Accredited Organisation.
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 PTY t/as Crime Check (crimecheckaustralia.com.au, in circumstances where your information is likely to be disclosed to overseas recipients.
Unless statutory obligations require otherwise, the information provided on the Crime Check National Criminal History Check online application 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 submit another complete Crime Check National Criminal History Check online application form (including informed consent) for any future NPHCs.
NATIONAL Criminal History CHECK (NPHC)
Information on the Crime Check National Criminal History Check online application 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 Criminal History Information (PHI) that relates to you to the Accredited Organisation – Crime Check Australia PTY t/as Crime Check.
PHI may include outstanding charges, warrant information and criminal convictions/findings/pleas of guilt recorded against you.
PHI is disclosed according to 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.dcm.nt.gov.au/
- 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 the Applicant, the accuracy and quality of an NPHC issued by ACIC depends on accurate identification of the Applicant (including aliases), the comprehensiveness of police records and is based on the information provided via the Crime Check National Criminal History Check online application form. If the Applicant does not complete the information requirements on the Crime Check National Criminal History Check online application form, the success and validity of the NPHC will be compromised. It is in your interest to provide full and complete details on the Crime Check National Criminal History Check online application form. If for any reason you do not agree with the results of your NPHC, please notify Crime Check Australia PTY t/as Crime Check so that the NPCS dispute process can be initiated.
PROVISION OF INCOMPLETE, FALSE OR MISLEADING INFORMATION
An Accredited Organisation and an Applicant 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 the Crime Check National Criminal History Check online application form is correct. It is a serious offence to provide false or misleading information on the Crime Check National Criminal History Check online application form.