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Terms & Conditions

These terms and conditions are a binding legal agreement between yourself and Australian National Character Check™. By submitting a request for a National Police History Check (NPHC), you acknowledge and agree that you have read and understoodthese terms and conditions and are legally bound by them.

Definitions of Terms

‘Australian National Character Check’ - Refers to Australian National Character Checks Pty Ltd - ACN: 621712598 - Trading as: Australian National Character Check
‘Service’ - Any services that are provided by Australian National Character Check, including VEVO, Bankruptcy and NPHC.
Service Request’ - Any services that are provided by Australian National Character Check, including VEVO, Bankruptcy and NPHC.
‘Customer’ - A client who has requested and paid for a Service.
‘Fees’ - The Fees associated with use of the Service provided by Australian National Character Check.
‘Website’ - The website that is used to provide the Services, hosted by Australian National Character Check.
‘Applicant’ - A Customer who is/has completed the application required for their requested service.
‘NPHC’ - Refers to a Nationally Coordinated Criminal History Check.

1. Informed Consent Form

Australian National Character Check cannot release any National Police History Check information without receiving the applicant’s signed (electronically or physically) Application and Informed Consent Form and the minimum required forms of identification documents. The applicant agrees to their identification document information being checked with the Issuer or Official Record Holder, and third party ID verification vendors.

2. Australian National Character Check Obligations

Australian National Character Check will, from the date the Customer pays the Fees:

  • Provide the Service Requests where applicable as stipulated in this agreement.

3. User Obligations

The user/applicant must:

  • Comply with all Laws and industry codes and practices
  • Comply with all of Australian National Character Check directions, policies and procedures relating to usage of their Service
  • Not undertake actions that may expose Australian National Character Check to any risk of legal or administrative action including prosecution under any Laws
  • Not proceed in a way that may or will interfere with Australian National Character Check business
  • If requesting a Police Check, then provide the true and correct Purpose for which the Police Check has been requested

It is agreed that the applicant will review all information they have provided in their application before submitting, to ensure the information they have provided is accurate and correct, this includes the submission of ID documents by the Applicant.
Any incorrect information supplied by the applicant will result in an invalid National Police History Check. The applicant understands that if their Police Check application has not been correctly lodged after 3 months, upon lodgment, updating of details may be required.
If for whatever reason the applicant fails to complete a Service Request within this time (including, without limitation, where a request for further information by Australian National Character Check from the applicant and the applicant has failed to respond), Australian National Character Check may in its absolute discretion cancel or archive the Service Request including any monies which that applicant has paid will be forfeited. Australian National Character Check will then be released from all claims and obligations to provide the services in connection with that Service Request.
The applicant is responsible to bear costs that may arise out of a complaint made in connection with the requests that have been lodged by the applicant. This includes complaints that may have been made by an Australian Police Agency or any other Australian Government Agency.
The applicant must acknowledge and accept the Privacy Policy and General Information in addition to these Terms and Conditions in order to complete their National Police History Check.

4. National Police History Check (NPHC)

The applicant understands that Australian National Character Check cannot expedite the National Police History Check process.
Additionally, the Customer acknowledges that:

  • Australian National Character Check does not have access to Australian Police or Government Agency information
  • Australian National Character Check is not responsible for the data on an Agency Check result
  • Australian National Character Check is not permitted to change or modify any Agency Check results on an Agency Check
  • The quality and accuracy of Australian Police Agency or Government Agency Information is dependent on the relevant Agency or authorised third party, and hence Australian National Character Check is not responsible for any inaccurate information provided to the Customer

5. Visa Entitlement Verification Online (VEVO)

The applicant understands that Australian National Character Check cannot expedite the Visa Entitlement Verification Online process.
Additionally, the Customer acknowledges that:

  • Australian National Character Check does not have access to Government Agency information
  • Australian National Character Check is not responsible for the data on an Agency Check result
  • Australian National Character Check is not permitted to change or modify any Agency Check results on an Agency Check
  • The quality and accuracy of Government Agency Information is dependent on the relevant Agency or authorised third party, and hence Australian National Character Check is not responsible for any inaccurate information provided to the Customer

6. Bankruptcy Check

The applicant understands that Australian National Character Check cannot expedite the Bankruptcy Check process.
Additionally, the Customer acknowledges that:

  • Australian National Character Check does not have access to Government Agency information
  • Australian National Character Check is not responsible for the data on an Agency Check result
  • Australian National Character Check is not permitted to change or modify any Agency Check results on an Agency Check
  • The quality and accuracy of Government Agency Information is dependent on the relevant Agency or authorised third party, and hence Australian National Character Check is not responsible for any inaccurate information provided to the Customer

7. Fees and Payment Processing

The customer acknowledges and agrees that each time the Service is used, they will be charged the Fees as stipulated in Australian National Character Check website.
Australian National Character Check is the sole party in charge of determining and varying the Fees associated with the Service. Australian National Character Check is under no obligation to provide the Service to the Customer if the Fee has not been paid.
The customer agrees that Australian National Character Check may vary the Fees at any time, without notice. It is the customers responsibility to ensure they are aware of any variations via the Australian National Character Check website.

8. GST

As per Australian Taxation Office laws, the fee outlined is GST (Goods and Services Tax) inclusive. The fee includes the 10% tax.

9. Refunds

Australian National Character Check is NOT required to provide a refund for:

  • Incorrect forms that are submitted by the applicant
  • Any data entry errors made by the applicant
  • National Police History Checks already submitted to the Australian Criminal Intelligence Commission (ACIC)
  • Submissions for checks we are not authorised to process
  • Change of mind after partially or fully completing the application process
  • Selection of the wrong check type and/or reason for check

Refunds will only be issued if Australian National Character Check determines, at their discretion, that extenuating circumstances apply to a Customer.
Australian National Character Check will charge a refund administration fee of $20.00 (including GST) to process refunds. This fee will be subtracted from the total amount that is approved by Australian National Character Check to be transferred into the applicants nominated bank account.

10. Right of Australian National Character check to not proceed with or refuse a Service Request

In its absolute discretion, Australian National Character Check may choose to withdraw and not proceed with the completion of a Service Request where:

  • Australian National Character Check is unable to contact the applicant for whatever reason.
  • The applicant’s payment is not processed, there are insufficient funds to cover stipulated fees, or the applicant does not pay the correct amount into Australian National Character Check nominated bank account within the time period requested by Australian National Character Check.
  • Australian National Character Check believes that the applicant has, or may breach the provisions of these terms and conditions.

11. Privacy

Australian National Character Check is committed to protecting an applicant’s privacy and complies with the Australian Privacy Principles as set out in the Privacy Act 1988. The Customer and Australian National Character Check are bound by the following for use of the Service:

  • Both parties agree to be bound by the Privacy Policy as stipulated on the Website and Consent form.
  • Both parties agree to the Terms and Conditions.
  • Must notify each other if any breaches of policy occur.
  • Must notify each other if any breaches of Privacy Laws occur.

View our

Privacy Policy for further information.

12. Continuity of Services

Irregardless of other sections in these Terms and Conditions, Australian National Character Check does not warrant or guarantee that the Services will be uninterrupted, continuous or error/defect free.
The Customer acknowledges that the continuity of the Services is dependent on a number of environmental and external factors outside normal control of Australian National Character Check. The Customer also acknowledges that Australian National Character Check will have no liability whatsoever in relation to failure or interruption of the performance and function of the Service. Australian National Character Check will use reasonable means to restore the Service to a functioning state at their earliest convenience.
The Customer agrees that Australian National Character Check Website and Services will from time to time undergo service unavailability due to routine maintenance.
The Customer acknowledges and agrees that Australian National Character Check may need to suspend the Service if required to do so by the Law, or any Australian Government Agencies, or if the Customer breaches any of the outlined Terms and Conditions.

13. Dispute of a Police Check Result

In the event where an applicant thinks there may be an error on a Police Check Result, they may contact Australian National Character Check to clarify any details. If there is still any concern, the applicant may refer to the result dispute process below to clear any concern:

  • Applicant contacts Australian National Character Check to raise their concern regarding the check result.
  • If the applicant would like to raise a dispute, they must complete a Dispute Form that is provided by Australian National Character Check. The applicant must themself provide all the required information and supporting documentation required to complete the Dispute Form.
  • Australian National Character Check will then send the completed Dispute Form to the National Police Checking Service (NPCS) team.
  • National Police Checking Service (NPCS) team will review the police check result.
  • Applicant will receive outcome of the dispute, either successful or unsuccessful.

An applicant cannot dispute police history information provided by Australian National Character Check through the ACIC or a Police Agency directly. All disputes must be raised directly through Australian National Character Check.

14. Copyright & Intellectual Property

Any part of this website may not be copied or imitated in whole or part. This includes logos, graphics, sound or images that are contained within the website.
Any user of the service acknowledges that Australian National Character Check remains the sole owner of, and retains all Intellectual Property Rights with respect to the service, including all documentation, know-how, methodologies, equipment, systems, processes and other materials supplied or made available to the applicant under or in connection with these terms and conditions.

15. Amendments

The Customer acknowledges and agrees that Australian National Character Check has the right to amend these Terms and Conditions at any time. Amendments will become effective as soon as they are available to the general public on the Australian National Character Check website.
It is the Customer's responsibility that they check and review the Terms and Conditions to ensure they are up to date and satisfied.

16. Access to the Internet and Online Tools

The applicant of a service provided by Australian National Character Check must:

  • Ensure they do not introduce any harmful code or bug into the system of Australian National Character Check
  • Other than those expressly permitted by Australian National Character Check, the customer must not attempt to gain access to, or interfere with the programs, files, data, hardware, software, or networks of Australian National Character Check, or any of Australian National Character Check’s related parties.
  • Comply with all security and operating requirements which relate to the access and use of Australian National Character Check services as displayed on Australian National Character Check website, or communicated to the customer from time to time.

17. Force Majeure

The Customer acknowledges that in circumstances where “acts of God” (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods), acts or threats of terrorism, have occurred, it is commercially impracticable for Australian National Character Check to conduct their normal processes and hence may not perform to the expectations and obligations outlined in the Terms and Conditions, Privacy Policy and General Information.
They also agree that in the circumstances outlined, proper function of the Service and website may not be possible.

18. No Waiver

Failure or omission by Australian National Character Check at any time to enforce or require strict or timely compliance with any provision of this agreement will not affect or impair that provision, or the right of Australian National Character Check to avail itself of the remedies it may have in respect of any breach of a provision, in any way.

19. General Law Enforcement Purposes

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).

20. Name Check

If the Applicant has applied for a Police Check; the applicant consents to a Police check being undertaken on all names under which the Applicant was, is or has been known, as provided by the Applicant to Australian National Character Check.

21. Acknowledgement of Risk Declaration

By submitting a Police Check, VEVO Check, or Bankruptcy Check, the applicant accepts the inherent risk that is associated with transferring data online. While reasonable steps are taken to ensure data is securely protected by way of network security controls, Australian National Character Check cannot guarantee the mitigation of every intrusion attempt.

22. Release

Australian National Character Check shall use its best endeavours to operate its service. The applicant hereby releases Australian National Character Check, and its agents, servants, contractors and employees from time to time, to the full extent permitted by law, from all claims and demands of every kind resulting from any loss or damage to the applicant, or any persons related to the applicant, arising in and from the operation of Australian National Character Check service, the failure to operate the same, or any other matter or thing arising out of these terms and conditions.

23. Cap of Total Liability

Total aggregate liability for any damages suffered or incurred by the applicant under or in any way connected with these terms and conditions or the provision of Australian National Character Check service is limited to an amount equal to the Fee paid by the Applicant to Australian National Character Check.

24. Severability

Any provision of these terms and conditions which become illegal, void or unenforceable will be ineffective to the extent only of such illegality, voidness or unenforceability and will not invalidate the remaining provisions. Every clause of these terms and conditions (including parts of clauses) must be read as a separate and severable provision

25. Agreement

This agreement is governed by, takes effect under and will be construed in accordance with, the laws of the Australian Capital Territory, and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Australian Capital Territory and courts entitled to hear appeals therefrom.

26. Survival

If these Terms and Conditions are terminated for any reason such termination will not affect any accrued rights or liabilities of Australian National Character Check nor will it affect the coming into force or the continuance in force of any provision of this agreement which is expressly or by implication intended to come into force or continue on or after the termination.

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