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Terms of Use for Organisations

TERMS OF USE

Thanks for using the Australian National Character Check Business Portal (ANCC Business Portal), software created and operated by Australian National Character Check Pty Ltd (ABN 29 621 712 598) of PO Box 237 Fyshwick Canberra ACT 2609.

These terms of use (Terms) are our terms of service that govern our relationship with agencies and organisations (Organisations) and Individuals who interact with ANCC and utilise its services (Services). By accessing the ANCC Business Portal and using the Services, you agree to these Terms, and to our privacy policy (Privacy Policy), each as updated from time to time. You warrant that you have the authority to accept the Privacy Policy and these Terms.

You further acknowledge and agree to the terms and conditions set out in Schedule 1 which relate to that part of the Services involving access to the National Police Checking Service provided by the Australian Criminal Intelligence Commission and which form part of these Terms.

Please read these Terms carefully. If you do not understand or have any questions regarding the ANCC Business Portal, or the Terms, then please contact Customer Support at support@ancc.com.au before continuing use of the ANCC Business Portal or the Services.

The ANCC Business Portal support personnel reserve the right to suspend access to any user, at any time should these Terms be breached or at their absolute discretion.

Any reference to 'Organisation' includes a reference to an Organisation's representatives, directors, officers, employees and contractors.

CHANGES TO TERMS OF USE

  • We reserve the right, at our discretion, to update or revise these Terms of use.
  • Please check the Terms of Use periodically for changes.
  • Your continued use of this Site following the posting of any changes to the Terms of Use indicates your acceptance of those changes.

1. GENERAL ACKNOWLEDGMENTS

In using the ANCC Business Portal and the Services you agree:

  • that it is your responsibility for the security of the network from which the ANCC Business Portal software is accessed;
  • that it is your responsibility to ensure the secured use of the the ANCC Business Portal software, and to be informed as to who is authorised to view or receive information from the ANCC Business Portal software; and
  • you are liable and responsible for the management of your information, and any information that you access or receive through using the ANCC Business Portal and the Services, such that it is compliant with all relevant legislation in the jurisdiction which you operate.

2. ORGANISATION ACCOUNT

To use the Services, an Organisation must register a new entity and Organisation administrator account on the ANCC Business Portal portal. Once the Organisation administrator account is established, an Organisation can request information from individuals. Where the individuals are added by the Organisation to the ANCC Business Portal (the ANCC Business Portal Users) they may share their personal information (e.g. results of a Nationally Coordinated Criminal History Check) (User Information) directly with Organisations registered on the the ANCC Business Portal. Where the Organisation has been granted access as a “Legal Entity Customer” with Australian National Character Check, individuals may request the Organisation to carry out certain checks on their behalf in accordance with Schedule 1 and the “Legal Entity Customer” Agreement, if the Organisation has entered into an approved “Legal Entity Customer” arrangement including any other additional necessary arrangements with Australian National Character Check as required.

By generating a new entity, establishing an Organisation administrator account and using the Services, you agree that:

  • the information provided about your Organisation is true and correct and is compliant with all relevant legislation in the jurisdiction which you operate;
  • Australian National Character Check may, at its absolute discretion, send information that you provide about your Organisation to government agencies, organisations and other third parties in order to verify the authenticity of your Organisation;
  • Australian National Character Check may search, locate and source any information relating to your Organisation from other sources in its absolute discretion in order to verify the authenticity of your Organisation and to provide the Services;
  • an individual that provides information to Australian National Character Check through the ANCC Business Portal portal has the authority to act on behalf of the Organisation and provide information about the Organisation;
  • for the purposes of calculating referral fees, Australian National Character Check may disclose aggregated information about the number and type of checks shared with your Organisation to an industry partner, where your Organisation is verified as a member of the industry partner;
  • Australian National Character Check may offer benefits to Organisations that are verified as members of industry partner Organisations;
  • Australian National Character Check may pay referral fees to industry partner Organisations; and
  • Australian National Character Check may pay commissions to sales staff.

3. RECEIVING INFORMATION

In registering and using the ANCC Business Portal and its Services, your Organisation agrees that it:

  • has implemented security measures to protect User Information in all of its operations;
  • will only use User Information for the primary purpose which was either specified or reasonably apparent at the time when the information was shared with your Organisation;
  • will only keep User Information for as long as is necessary to fulfil this primary purpose;
  • will not use User Information for the purpose of direct marketing without the ANCC Business Portal user's consent;
  • will not disclose User Information to a third party without prior consent of the ANCC Business Portal user;
  • will take such steps as are reasonable to ensure that it complies with the Australian Privacy Principles (APPs) as set out in the Privacy Act 1988 (Cth) (Privacy Act) in relation to the collection, use, storage, disclosure, destruction and de-identification of User Information (this applies whether your Organisation is based in or outside of Australia); and
  • if the ANCC Business Portal user has consented to their User Information being disclosed to a third party, your Organisation will enter into similar contractual arrangements with that third party (for example, a subcontractor) to ensure that third party complies with the APPs as set out in the Privacy Act.

4. FEES

Fees and/or charges paid by you to the ANCC Business Portal are non-refundable. If in the unlikely event a service interruption or other issue arises that impinges your utility to use the software, the ANCC Business Portal support personnel may, at their absolute discretion, provide you with a link (URL) to allow you to reattempt the operation that was unsuccessful.

5. EXCHANGE AND CANCELLATION POLICY

If any customer is dissatisfied with Australian National Character Check, they may be entitled to the benefit of the consumer guarantees as listed in the Australian Consumer Law. In addition, at its discretion, Australian National Character Check may choose to reimburse the customer with a voucher or credit note redeemable for Australian National Character Check services or a refund. The value of the reimbursement or refund will be the purchase price paid by the customer after deducting reasonable charges for:

  • the administrative costs of processing and effecting the request for a refund; and
  • work undertaken by Australian National Character Check in attempting to provide the service before the order was cancelled.

6. ANCC BUSINESS PORTAL

If the ANCC Business Portal user shares User Information with your Organisation, the User Information will be available to you on the ANCC Business Portal portal, accessible via Organisation administrator accounts.

Once the User Information becomes available to you through the ANCC Business Portal portal, you are solely responsible for controlling access and use of the User Information.

Australian National Character Check will not be liable for any access provided or permitted by your Organisation to anyone (whether you did so intentionally or by accident) or for access through any unauthorised use of the ANCC Business Portal.

7. PRIVACY

The privacy of ANCC Business Portal users is very important to Australian National Character Check. Our Privacy Policy is designed to inform users on how they can use the ANCC Business Portal to share information with others, how we collect, and use your content and information. We encourage you to read the Privacy Policy.

By using the ANCC Business Portal and Services, you agree to Australian National Character Check:

  • searching, locating, and sourcing the information relating to your Organisation from other sources in its absolute discretion in order to verify the accuracy of information provided and to provide the Services; and
  • checking and verifying that the information you have provided to Australian National Character Check is correct.

8. PASSWORDS

Any and all passwords provided to you are strictly private and confidential, and you must not disclose the password to any person.

9. CONFIDENTIALITY

The ANCC Business Portal contains sensitive information. Other than as authorised by Australian National Character Check, you must maintain the confidence of and not disclose to any person or organisation any information from the ANCC Business Portal or the Australian National Character Check website.

10. LIMITATION OF LIABILITY AND INDEMNITY

Subject to any obligations implied by law and which cannot be excluded, Australian National Character Check has no liability to Organisations whatsoever for any losses, damages, liabilities, claims, and expenses (including but not limited to legal costs and defence or settlement costs) arising in connection with or out of the use of the ANCC Business Portal, or referable to material on the ANCC Business Portal, whether such liability arises in contract, tort including negligence, statute or otherwise.

Australian National Character Check does not warrant nor accept responsibility for the accuracy of the information provided to it by the ANCC Business Portal Users or third parties. You agree to indemnify, release, discharge, and hold harmless Australian National Character Check, its directors, employees, officers, contractors, and overseas agencies from and against any and all losses, liabilities, damages, costs, and expenses suffered or incurred by you. Australian National Character Check will not be liable or responsible for the use of any information accessed through the ANCC Business Portal or through the use of the User Information by users or anybody else, including Organisations, with whom the User Information is shared.

11. 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 Australian National Character 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 Australian National Character Check.

The text 'ANCC Business Portal', 'ANCC', 'Australian National Character Check', 'National Character Checks' and the 'ANCC shield design with a tick' are all trademarks of Australian National Character Check Pty Ltd.

12. INTELLECTUAL PROPERTY

You acknowledge and agree that the Website and services contain Intellectual Property Rights that are owned by us and are protected by Australian and international laws, including but not limited to, the trademarks, trade names, software, content, design, images, graphics, layout, appearance, and look of the Website.

You acknowledge and agree that all content and material available on the Site is protected by copyrights, trademarks or other intellectual property rights and laws. No content or material on the Site may be reproduced, adapted, linked to, distributed or used in any way without our prior written consent.

These Intellectual Property Rights are not assigned, transferred or otherwise licensed to you, other than as specifically noted in this Terms of Use, and all Intellectual Property Rights in documents, ideas, equipment, processes and systems which are acquired or created by us in the course of supplying the services are retained by us. We grant you a revocable, non-exclusive, non-transferable licence to use our Intellectual Property for the purpose of using the Website and services and solely on the terms set out in these Terms and Conditions. You must not breach any copyright or Intellectual Property Rights connected with the Website or the services. This includes, but is not limited to:

  1. reverse compiling, altering, modifying, copying or otherwise reverse engineering any of the code, UX processes or material on the Website;
  2. causing any of the material on the Website to be framed or embedded in another website; or
  3. creating derivative works from the content of the Website.

For the purposes of this clause, Intellectual Property Rights means copyright and neighbouring rights (including moral rights), all rights in relation to inventions and discoveries (including patents), registered and unregistered trademarks, trade names, trade secrets, know-how, business names, domain names, registered and unregistered designs, circuit layouts, confidential information, and all other rights resulting in use of the ANCC Business Portal or any associated services.

13. CACHING OF WEB DATA

Each time you open the internet browser, information collected by the browser, including login names and passwords, is remembered until the browser is closed. The information is 'cached'.

Once you have logged into the ANCC Business Portal software, until the web browser is closed, it may be possible to gain access to the ANCC Business Portal software. This applies even:

  • after minimising the browser screen;
  • after going to a different website; or
  • if you or another user navigates back to the ANCC Business Portal software site after going to another website.

Additionally, whole pages may be remembered (cached) by your browser, and could be revisited by any person by searching through the history list. The browser works by making a copy of the information and images required in a temporary directory on your computer.

To minimise the risk of security breaches on the ANCC Business Portal software, it is the user's responsibility to:

  • ignore prompts from the browser to save the login name and password;
  • clear the cached and history files regularly; and
  • close the browser when you have finished using the ANCC Business Portal software, or if the ANCC Business Portal software will not be used for an extended period of time.

14. DELAYS

Australian National Character Check will use its best endeavours to provide information to you in a timely and expeditious manner. However, you agree to indemnify, release, discharge and hold harmless Australian National Character Check, its directors, employees, officers, contractors and overseas agents from and against any and all losses, liabilities, damages, costs and expenses suffered or incurred by you in relation to any delays or failure to provide information on the website or the ANCC Business Portal.

15. CHANGES

Australian National Character Check may change, suspend, limit, restrict or discontinue any aspect of the website or the ANCC Business Portal at any time including the availability of and access to any feature, services, records or other material on the website or the ANCC Business Portal without notice or liability.

16. GOVERNING LAW

These terms of use are governed by and construed under the law in the Australian Capital Territory (ACT). You and Australian National Character Check each irrevocably and unconditionally submit to the non-exclusive jurisdiction of any court in the Australian Capital Territory (ACT).

SCHEDULE 1

1. DEFINITIONS

ACIC means the Australian Criminal Intelligence Commission, being an Australian government agency, and includes the agency's officers, delegates, employees and agents.

ACIC Agreement means the agreement between Australian National Character Check and ACIC pursuant to which Australian National Character Check is authorised to access the NPCS.

Agency has the same meaning as given in the Privacy Act.

Applicant means an individual who has completed an Application Form and provided his or her Informed Consent.

Application Form means an application form containing the information outlined in clause 2.5 of this Schedule 1.

Australian Privacy Principles has the same meaning as given in the Privacy Act.

Document Verification Service or DVS means the Australian national online system that allows organisations to compare an Applicant's identifying information with a government record.

Electronic Signature means an electronic signature in accordance with the Electronic Transactions Act 1999 (Cth) which may include informed digital acknowledgement.

Identity Documents means the identity documents relating to an Applicant as further described in clause 2.8 of this Schedule 1.

Informed Consent means a consent form completed and signed by an Applicant that sets out or contains at a minimum the information contained in clause 2.4 of this Schedule 1.

NPCS means the National Police Checking Service established by ACIC to facilitate nationally coordinated criminal history checks to support the assessment of the suitability of people applying for employment (including positions of trust and volunteer service) or entitlements (including Australian citizenship, licensing and registration schemes).

NPCS Check means a criminal history and police information check conducted about an Applicant carried out by or on behalf of Australian National Character Check using access to the NPCS, and the result of that checking process provided in a physical or electronic format.

NPCS Check Category has the meaning given to it in clause 2.5(a)(ix) of this Schedule 1.

Personal Information has the meaning given in the Privacy Act.

Police Information means any information collected for the purposes of providing the NPCS or information released as part of a NPCS Check including any information accessible for the purposes of an NPCS Check.

Privacy Act means the Privacy Act 1988 (Cth).

NATIONALLY COORDINATED CRIMINAL HISTORY CHECKS

2.1 General

  • You acknowledge that Australian National Character Check has entered into the ACIC Agreement with the Commonwealth of Australia represented by ACIC for access to the NPCS.
  • You acknowledge and agree that:
    1. Australian National Character Check must comply with the ACIC Agreement and the applicable provisions of the Privacy Act in providing the Services;
    2. Australian National Character Check may refuse to provide all or part of the Services if to do so would, in Australian National Character Check's sole opinion, constitute a breach of the ACIC Agreement or the Privacy Act; and
    3. without limiting any other rights of termination in accordance with the Terms, Australian National Character Check may terminate these Terms at any time upon termination of the ACIC Agreement.
  • Without limiting any other provisions of the Terms, upon any termination of these Terms in accordance with clause 2.1(b)(iii), you will not be entitled to any compensation whatsoever including for loss of prospective profits or loss of any benefits that would have been conferred on you if the termination had not occurred.
  • You agree that you must, at your own cost, liaise with Australian National Character Check and provide Australian National Character Check with any information that it reasonably requires, including information about your personnel, to enable Australian National Character Check to comply with the terms of the ACIC Agreement, and you must comply with all of Australian National Character Check's reasonable requests, directions and monitoring requirements in relation to these Terms or any review or audit of your compliance with these Terms that may be carried out by Australian National Character Check or ACIC or for the Commonwealth of Australia.
  • You must, on request by Australian National Character Check following a request from ACIC, at any time, promptly arrange for your personnel to give a written undertaking in a form acceptable to Australian National Character Check acting under direction from ACIC relating to the use and non-disclosure of the Commonwealth's confidential information including Police Information.
  • You must not use any branding or logo associated with ACIC or an Australian police agency for the purpose of marketing or promotion or any other purpose.
  • You acknowledge that all intellectual property in Police Information and other material relevant to or associated with the NPCS is owned by the Commonwealth and the Australian police agencies. Nothing in these Terms affects the ownership of intellectual property in Police Information (including any copy thereof) provided to you.

2.2 Provision of NPCS Checks

As an “Accredited Body” as defined in the ACIC Agreement, Australian National Character Check is authorised for the term of the ACIC Agreement to use the NPCS to provide a NPCS Check to you subject to your compliance with the following and accordingly you must:

  • act at all times as if you are an Agency and comply with the provisions of the Privacy Act as an Agency;
  • not request a NPCS Check unless you have provided:
    1. Informed Consent of the Applicant in accordance with clause 2.4 of this Schedule 1 in connection with that NPCS Check; and
    2. a completed Application Form in accordance with clause 2.5 of this Schedule 1;
  • use or disclose Personal Information obtained using the Services only for the purposes disclosed in writing to Australian National Character Check on or prior to use of the Services;
  • provide the Applicant with the NPCS Check result and a disclaimer as to the limitations on accuracy and use of the information, which includes the information set out in clause 2.7 of this Schedule 1 as soon as possible after the result is received by you;
  • comply with any directions, guidelines, determinations or recommendations of Australian National Character Check, to the extent that they are consistent with the Australian Privacy Principles or the ACIC Agreement;
  • implement safeguards to keep Police Information secure in accordance with clause 2.6 of this Schedule 1;
  • not summarise, précis or otherwise alter Police Information provided to you by Australian National Character Check;
  • not retain a NPCS Check result or an Applicant's Informed Consent for longer than twelve (12) months following release of the result; and
  • grant ACIC or its authorised officer a right of access to your premises (and to data, records and other material relevant to the use of the NPCS and the handling of Police Information, including the right to copy) which ACIC must exercise reasonably and subject to your reasonable safety and security requirements; and
  • grant ACIC a right to collect and use your Personal Information for the purposes of administering, monitoring, reviewing, promoting and evaluating use of the NPCS.

2.3 Suspension

  • Australian National Character Check may, at its discretion and in addition to any other rights it has under the Terms, suspend or reduce your access to the Services where:
    1. you have breached any of the Terms or where Australian National Character Check reasonably suspects that you have committed or may commit a breach of a provision of the Terms, until such time as the breach has been remedied to Australian National Character Check's satisfaction; or
    2. Australian National Character Check's access to the NPCS has been suspended or reduced by ACIC for any reason.
  • You must continue to perform your obligations under these Terms notwithstanding any suspension or reduction of the Services.

2.4 Informed Consent

  • You must not request a NPCS Check on an Applicant unless you have obtained an Informed Consent from that Applicant in accordance with this clause 2.4.
  • An “Informed Consent” is a consent form (in physical or electronic format) that:
    1. is completed by the Applicant, on or on behalf of the Applicant, and includes the Applicant's signature or Electronic Signature and date of signature; or
    2. if the Applicant is less than 18 years of age – is completed by a parent or legal guardian of the Applicant and includes a signature or Electronic Signature of the parent or legal guardian and date of signature; and
  • sets out or contains at a minimum:
    1. the Applicant's surname and given name(s);
    2. an acknowledgement that the Applicant consents to a NPCS Check being undertaken on all names under which the Applicant was, is or has been known, as provided by the Applicant in an Application Form;
    3. the purpose of the NPCS Check;
    4. the purpose(s) for which the Applicant's Personal Information is being collected and the purpose(s) for which the NPCS Check is being undertaken;
    5. any person to whom, or organisation (including its Australian Business Number) to which, Personal Information (including Police Information) may be disclosed and in what circumstances (including ACIC, Australian police agencies and third parties);
    6. where any of the Applicant's Personal Information will be, or is likely to be, sent offshore, the details of to whom and in which country or countries the Applicant's Personal Information will be disclosed and a statement that the Applicant consents to such transfer of Personal Information;
    7. any law which requires that the Applicant's Personal Information be collected and the consequences of non-compliance;
    8. an acknowledgement that the Applicant understands that their Personal Information may be used for general law enforcement purposes, including those purposes set out in the Australian Crime Commission Act 2002 (Cth);
    9. information that the Applicant is required to contact you (or Australian National Character Check) in the first instance in relation to any dispute about the result of a NPCS Check in relation to the Applicant;
    10. information about your NPCS Check dispute process including contact details of your complaints officer;
    11. if a law requires Police Information about the Applicant to be disclosed to another person or organisation – information that the Police Information will be disclosed to that person or organisation and the basis for the disclosure;
    12. your full name and contact details, including the name and contact details of your privacy officer, and Australian National Character Check's full name and contact details, including the name and contact details of Australian National Character Check's privacy officer; and
    13. advice that the ACIC privacy officer can be contacted on (02) 6268 7000 or privacy@ACIC.gov.au or GPO Box 1573 Canberra City ACT 2601.

2.5 Application Form

  • You must not request an NPCS Check on an Applicant unless you have provided Australian National Character Check with an application which includes the following information:
    1. the Applicant's signature or Electronic Signature, or, if the Applicant is less than 18 years of age, the signature or Electronic Signature of a parent or guardian and a date of signature;
    2. the Applicant's surname and given name(s), and all names under which the Applicant was, is or has been known;
    3. the Applicant's date and place of birth;
    4. the Applicant's gender;
    5. the Applicant's residential address(es) for the past five (5) years;
    6. if available, the Applicant's driver's licence details and/or firearms licence details;
    7. the position title, occupation or entitlement being sought by the Applicant;
    8. if applicable, the proposed place of work and whether the Applicant will have contact with children or vulnerable groups (such as those who are disadvantaged or in need of special care, support or protection due to their age, disability or risk of abuse or neglect);
    9. the applicable NPCS Check Category, which includes:
      • National Security;
      • Employment/Probity/Licence;
      • Exchange of Criminal History Information for People Working with Children; or
      • Immigration;
    10. a statement or endorsement confirming that you are satisfied as to the correctness of that Applicant's identity and that you have verified the Applicant's Identity Documents or a Document Verification Service has been able to verify the validity of the Applicant's Identity Documents in accordance with clause 2.8 of this Schedule 1.

2.6 Safeguards

  • You acknowledge that your use of the Services to conduct a NPCS Check(s) involves:
    1. the collection, storage, use and disclosure of Personal Information; and
    2. the collection, storage, use and possible disclosure of Police Information.
  • You agree that in using the Services to conduct a NPCS Check(s) you must:
    1. collect, store, use or disclose Personal Information and Police Information only for the NPCS Check Category specified and related administration;
    2. not collect, transfer, store or otherwise use Personal Information or Police Information outside Australia, or allow parties outside Australia to have access to Personal Information or Police Information unless consent has been obtained from the Applicant;
    3. not disclose Personal Information or Police Information other than for the purpose for which the Applicant gave Informed Consent unless otherwise authorised or required by law;
    4. not commit any act, omission or engage in any practice which is contrary to the Privacy Act;
    5. not do any act or engage in any practice that would be a breach of an Australian Privacy Principle or Registered Australian Privacy Principle Code (where applied to you or Australian National Character Check) established under the Privacy Act unless that act or practice is explicitly required under these Terms;
    6. implement safeguards to keep Personal Information and Police Information secure, including undertaking practices that a professional organisation handling Personal Information would implement to appropriately protect that information, and request further information regarding these safeguards if in doubt regarding the standard required;
    7. comply with any directions or guidelines in relation to the treatment of Personal Information and Police Information, notified to you by Australian National Character Check or ACIC;
    8. destroy or securely dispose of all hard and electronic copies (including backed-up versions held on servers or other media) of:
      1. each NPCS Check within twelve months following its receipt; and
      2. each Application Form, Informed Consent, and any identity documents remotely presented by the Applicant within 15 months of its receipt unless a longer retention period is required by law or approved by ACIC.
    9. ensure that all your employees and personnel required to deal with Personal Information and Police Information are made aware of the obligations contained in this clause 2.6.

2.7 Limitations and Accuracy

  • You acknowledge and agree that ACIC, and Australian National Character Check, makes the information contained in a NPCS Check available for use on the following conditions:
    1. ACIC and Australian National Character Check make no representation or warranty of any kind without limitation in respect to accuracy of the information obtained from a NPCS Check; and
    2. ACIC and Australian National Character Check do not accept responsibility or liability for any error or omission in the information obtained from a NPCS Check.
  • You must ensure that all Applicants are provided with the following information when results are sent to them:

DISCLAIMER

  • This nationally coordinated criminal history check (NPCS Check) provides a point-in-time check about the applicant for an authorised NPCS Check category and purpose. Information obtained through this check should not be used for any other purpose.
  • The accuracy and quality of information provided in this NPCS Check depends on accurate identification of the applicant, which is based on information, including aliases, about the applicant provided in the application and the comprehensiveness of police records.
  • While every care has been taken by the Australian Criminal Intelligence Commission (ACIC) to conduct a search of police information held by it and Australian police agencies that relates to the applicant, this NPCS Check may not include all police information about the applicant. Reasons for certain information being excluded from the NPCS Check include the operation of laws that prevent disclosure of certain information, or that the applicant's record is not identified by the search process across the agencies' relevant information holdings.
  • This NPCS Check may contain any of the following information about an applicant:
    • charges;
    • court convictions;
    • findings of guilt with no convictions;
    • court appearances;
    • good behaviour bonds or other court orders;
    • pending matters awaiting court hearings; and
    • traffic offence history, (Disclosable Court Outcome).
  • If this NPCS Check contains a Disclosable Court Outcome, the entity submitting the application is required to:
    1. notify the applicant of the NPCS Check; and
    2. provide the applicant with a reasonable opportunity to respond to, or validate, the information in the NPCS Check.
  • To the extent permitted by law, neither ACIC nor Australian police agencies accept responsibility or liability for any omission or error in the NPCS Check.

NATIONAL POLICE HISTORY CHECK PROCESS

The information in this nationally coordinated criminal history check has been obtained according to the following process:

  1. ACIC searching its data holdings for potential matches with the name(s) of the applicant;
  2. ACIC and the relevant Australian police agencies compare name matches with police information held in Australian police records;
  3. the relevant Australian police agency identifies any police information held in its police records and releases the information subject to relevant spent convictions, non-disclosure legislation or information release policies; and
  4. ACIC provides resulting information to the entity submitting the application.

2.8 Identity Documents

  • When reviewing an Applicant's Application Form, you must be satisfied as to the Applicant's identity and the linkage between the Applicant and the claimed identity by sighting original documents or digital copies of documents provided via post, electronically or email which prove their identity (Identity Documents).
  • In assessing an Application Form, you must sight four Identity Documents consisting of:
    1. at least one document listed as a 'Commencement of Identity Document' in sub-clause (e) below;
    2. at least one document listed as a 'Primary Use in Community Document' in sub-clause (e) below;
    3. at least two documents listed as a 'Secondary Use in the Community Document' in sub-clause (e) below.
  • The Identity Documents referred to in sub-clause (b) above must include, in combination, the Applicant's full name, date of birth and a photograph of the Applicant. If the Applicant does not have an Identity Document which contains a photograph of the Applicant, the Applicant must submit a passport-style photograph that has been certified by a person listed in Schedule 2 of the Statutory Declarations Regulations 1993 (Cth) that the photograph is a photograph of the Applicant.
  • There are special provisions that apply to the following categories of Applicants who may be unable to meet the identity requirements in sub-clause (b):
    • persons whose birth was not registered;
    • people who are homeless;
    • recent arrivals (persons that have been in Australia for 6 weeks or less);
    • people living in remote areas;
    • persons who are transgender or intersex;
    • people affected by natural disasters;
    • people with limited access to identity documents for reasons associated with how they were raised, such as institutional or foster care;
    • people with limited participation in society;
    • young people who are yet to establish a social footprint or evidence of community participation.
    You should contact Australian National Character Check if an Applicant falls within one of these categories.
  • The following table lists applicable Identity Documents and outlines the relevant Category attached to each document type:

COMMENCEMENT OF IDENTITY DOCUMENT

  • A full Australian Birth Certificate (not an extract or birth card)
  • A current Australian Passport (not expired)
  • Australian Visa current at time of entry to Australia as a resident or tourist
  • ImmiCard issued by the Department of Home Affairs
  • Certificate of identity issued by the Department of Foreign Affairs and Trade (DFAT) to refugees or non-Australian citizens for entry to Australia
  • Document of identity issued by DFAT to Australian citizens or persons who possess the nationality of a Commonwealth country, for travel purposes
  • Certificate of evidence of resident status

PRIMARY USE IN THE COMMUNITY DOCUMENT

  • A Current Australian Driver's Licence, Learner's Permit or Provisional Licence issued by a State or Territory, showing signature and/or photo and the Applicant's name
  • Australian marriage certificate issued by a State or Territory (this does not include church or celebrant issued certificates)
  • A current passport issued by a country other than Australia with a valid visa or valid entry stamp or equivalent
  • A current proof of age or photo identity card issued by an Australian government agency in the Applicant's name with photo and signature
  • A current shooter's or firearm licence showing signature and photo (does not include a minor or junior permit or licence)
  • For persons under the age of 18 with no other Primary Use in Community Documents, a current student identification card with photo or signature

SECONDARY USE IN THE COMMUNITY DOCUMENT

  • Foreign/International Driver's Licence and other Government issued documents
  • Medicare Card
  • Electoral Roll Registration
  • Credit/Debit Card
  • DFAT issued Certificate of Identity
  • DFAT issued Document of Identity
  • DFAT issued United Nations Convention Travel Document Secondary
  • Security Guard/Crowd Control photo licence
  • Evidence of right to a government benefit (such as DVA or Centrelink)
  • Consular photo identity card issued by DFAT
  • Police Force Officer photo identity card
  • Australian Defence Force photo identity card
  • Commonwealth or State or Territory photo identity card
  • Aviation Security Identification Card
  • Maritime Security Identification Card
  • Credit reference check
  • Australian tertiary student photo identity document
  • Australian secondary student photo identity document
  • Certified academic transcript from an Australian university
  • Trusted referees report

2.9 Dispute Process

  • You acknowledge that any dispute about the results of an NPCS Check must be promptly notified to Australian National Character Check;
  • You must provide Australian National Character Check with any information or materials reasonably requested by Australian National Character Check to resolve any dispute regarding the results of an NPCS Check; and
  • Australian National Character Check may require you to complete a formal dispute form in the format notified by Australian National Character Check to you from time to time.

Agreement by Organisation

I agree to the terms and conditions contained in this agreement. I warrant that I have the requisite authority to enter into this agreement on behalf of the entity applying to use the service. I agree that by clicking “I acknowledge and accept” and submitting this agreement to Australian National Character Check, and Australian National Character Check agreeing to accept the terms of this agreement, that this agreement has the same status as if I had signed it.