A thing you would want to avoid in the Australian Real Estate Industry is; dealing with persons who have unresolved issues with the police or who may damage your property. Not only can this nullify the entire worth and progress of the deal (as a buyer, a seller, vendor, and co.), but it can land you in further legal introspection.
Although it is impossible to know beforehand the character or integrity of the person you intend to deal with, some legal documents can help provide you with insights or guides. An example of such a check is the police check Certificate.
A police check certificate contains all the releasable offences/convictions of an individual sourced from the National Criminal Database and the National Police records.
The police checks can either come out with a No-Disclosable Court Outcome (NDCO); where the applicant has no offence or releasable conviction against their name
Or
Disclosable Court Outcomes: It means some convictions or offences are considered releasable against the individual's name.
In many Real Estate transactions or deal-brokering, partners, agents, and sellers consider a police check an important certificate of trust, transparency and smooth running of the deal. Therefore, you might be required to present your police check certificate if you are hoping towards any deal/property in Real Estate.
Getting your police check delivered and issued to you within 24 hours is possible when you apply through the online application process of Australian National Character Check. Applicants can apply using this link: Nationally Coordinated Criminal History Check Online Application Form
Australian National Character Check is one of the agencies approved by the federal government to help applicants apply for and receive their check efficiently. Applicants can complete all the application processes using their Phone, Tablets or PC.
The applicants will receive an email with the electronic copy of their police check certificate normally within 24 to 48 hours, with an option to receive the hard copy via the mail.
The other option is applying through the Local Police Authority which may require you to complete the application in-person and get ID documents certified or attested. Also, it might take more time to receive your police check certificate.
Business and enterprise customers may sign up as a business customer with Australian National Character Check and order checks in a streamlined manner via the police check business portal. You can order, track and view police check results online. Checks can only be ordered with the informed consent of the applicant.
Contact ANCC’s business partnerships team today to find out how your organisationcan set up a business account and get started.
Most organisations are specific about how old a police check must be before they consider it invalid. For some, any police check that exceeds 3 months from the point of issue is unacceptable, and for others, the maximum age of a check should be 6 months. The State legislation refrains from interfering in how different individuals/organisations interpret results of a nationally coordinated criminal history check.
However, a police check certificate is a point-in-time check (no set expiry date). It isvalid from issue till the requesting party demands an updated check. The requestingparty may provide guides on the minimum age of the police check certificate that should be presented based on their own internal risk mitigation policies.
If an individual is convicted of another crime in the process, they must request an updated police check, and inform other parties in the deal.
If your conviction is by all means unrelated to owning/renting/buying/leasing a house, then a failed police check should not tarnish the Real Estate deal.
However, an agent or a Real Estate firm may deny you their services or options if you have a recent conviction in; Murder, Property Damage, Arsonry, Sexual abuse, and other “serious” convictions.
If you are ever convicted of an offence in any Australian State under a legal court; the details and status of such offences will be displayed on your police check certificate as a Disclosable Court Outcome (DCO).
Awaiting your police check result is not something to be scared of, here are some offences that you may expect on your certificate;
- Convictions/Charges against corporate organisations
- Sexually related offences
- Traffic charges for which an individual is convicted
- Sentences and Convictions
- Pending court charges and offences
Although all offences where the individual was convicted in a court (juvenile or adult) is recorded in the police records or the national criminal database, not all offences may be released, depending on the State's legislation.
Not all traffic infringements may show up in your Nationally Coordinated Criminal History Check
NCCHC and affect your image in the Real Estate industry. Some offences are not considered "Serious" or damaging to the Real Estate Industry and may not show up in your police check;
- Findings of non-guilt.
- Convictions outside the country.
- Diversion programs.
- Punitive measures by third party institutions or other professional bodies/unions.
- Offences outside the jurisdiction of Australian police agencies/courts
A third party may bear all the costs and procedures involved in obtaining a police check on behalf of an individual but with their “Informed Consent”.
A Real Estate realtor may request a
Nationally Coordinated Criminal History Check of their tenant or seller only if the person agrees through written consent. The "consent" covers the terms of use of the police check.
It is unlawful (punishable offence) to divulge details of an individual's police records without their explicit permission
Through the online portal of Australian National Character Check, applicants can apply for the police check easily, via a PC, Tablet and mobile devices.
If a party in a Real Estate deal requests for your
Nationally Coordinated Criminal History Check certificate, you must provide these documents to complete your application;
✔ All names; including aliases, monikers, and maiden names
✔ Address (es) of all places you have lived for the past five years.
✔ Date of Birth
✔ Four forms of identification documents and a biometric link (selfie)
Anyone based in Australia can apply for a police check certificate;
when they need it,
or
To know their updated Nationally Coordinated Criminal History Check records.
These groups include;
- People over the age of 14 years
- All those with a valid right to work check or work permit in Australia
- All those seeking employment in Australia
- Those under the age of 18 may apply, but with the informed consent of their guardian.
If your police check contains a disclosable court outcome (DCO), it still doesn’t guarantee that you will lose the house, property or “good” deal. Since every firm or individual interprets the result of a police check depending on their internal risk mitigation strategy, being honest about it would be more helpful.
A
failed police check should not deter you from applying to rent a house, a propertyor others, as most times, the other party may deem the details of the conviction irrelevant to your Real Estate interests.
