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 offences are released in accordance with the spent convictions scheme of the State where the applicant requests the Police Check.
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
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: National 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 National 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 National Police Check certificate.
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 national police clearance 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.
The Checking process compares the data that the applicants provide against the data on the national Criminal database, and in the Australian Police records.
Your Australian Police Check is valid in all parts of Australia:
✔ Police Check in New South Wales (NSW)
✔ Police Check in the state of Victoria (VIC)
✔ Police Clearance in the state of Western Australia (WA)
✔ National Police Check in Queensland (QLD)
✔ Police Clearance within South Australia (SA)
✔ National Police Check in Tasmania (TAS)
✔ Police Check in the state of Northern Territory (NT)
✔ Police Check in the Australian Capital Territory (ACT)