A company may request your Nationally Coordinated Criminal History Check for various reasons. Depending on the company, they may review the details of your Disclosable Court Outcomes (DCOs) to assess your suitability for the role you are applying for.
To protect your business and ensure peace of mind, contact an experienced legal team in Melbourne today to guide you through interpreting police checks and making informed hiring decisions.
What Are Court Outcomes That Can Be Shared?
There are two possible outcomes when you request a Nationally Coordinated Criminal History Check:
- Disclosable Court Outcomes (DCOs)
- No Disclosable Court Outcomes (NDCOs)
Your National Police Check (AFP Check) will display any convictions, pending charges, or offences for which a court has found you guilty.
The following types of DCOs may appear on police checks:
- Sexual offences
- Traffic offences handled in court
- Convictions and sentences
- Pending charges and court cases
- Serious offences, such as assault
- Other offences not covered by the Spent Convictions Scheme
How Long Does a Charge Stay on Your Record?
Some offences may not be included in your DCOs due to state laws or the Spent Convictions Scheme. In Victoria, spent convictions do not appear on police checks for most employment purposes.
Spent convictions are removed from a person’s police check after a certain period or upon meeting specific conditions, such as:
- Ten years passing since a conviction in an adult court.
- Five years passing since a conviction in a youth court.
Additionally:
- During this time, the individual must not commit further offences.
- If a prison sentence was served, the time period begins after the sentence is completed.
- Convictions meeting certain criteria (e.g., community service or rehabilitation) may also become spent.
However, some offences are deemed "serious" and can never be considered spent. These always appear on a National Police Check, including:
- Convictions for sexual offences
- Convictions against businesses or organisations
- Convictions listed in court rulings
- Convictions resulting in a prison sentence of six months or longer
Understanding the guidelines of the Child Protection Register can also be beneficial for individuals or organisations working with children. The Child Protection Register Guide provides comprehensive information on safeguarding practices, reporting obligations, and maintaining compliance with legal requirements in Australia.
What Does 'No Disclosable Court Outcome' Mean?
Individuals with NDCOs either have no convictions or police records to disclose or have offences that are not legally required to be shared.
Offences That Aren’t Disclosable
Not all offences appear as DCOs. These include:
- Convictions from overseas
- Activities unrelated to Australian law
- Disciplinary actions by third-party organisations or unions
The inclusion of offences such as marital rape under the category of serious crimes underscores the gravity of such acts and the corresponding legal penalties.
How Long Is a Nationally Coordinated Criminal History Check Valid?
A Nationally Coordinated Criminal History Check is a point-in-time check and cannot be reused indefinitely. Generally, it is accepted for up to three months by most organisations.
For new employment or after committing an offence, individuals should apply for a fresh check and notify their employer accordingly.
How to Remove Disclosable Court Outcomes
Anyone can request a Nationally Coordinated Criminal History Check, including individuals seeking to view their own records. Parents or guardians may also consent on behalf of individuals under 18.
How Long Does It Take to Complete a Police Check?
If applied for online, a Nationally Coordinated Criminal History Check certificate is typically delivered within 24 hours. Manual processing may take up to 15 business days. Applications can be submitted via PC, tablet, or mobile device for convenience.
Sharing Police Reports with Disclosable Court Outcomes
If your Nationally Coordinated Criminal History Check includes a Disclosable Court Outcome, Worker Checks will not share this information without your consent.
Consent Process:
- You will receive an email and SMS notifying you that your results are available for review.
- The email will include instructions for:
- Granting consent to share the results with a third party (e.g., an employer).
- Refusing consent to share the results.
- Disputing any incorrect or inaccurate information on the report.
If you do not respond within seven days, the DCO results may still be shared with the third party that requested the check, as per your prior agreement.
Conclusion
The Nationally Coordinated Criminal History Check is an important tool for promoting transparency and safety in workplaces and communities. By understanding Disclosable Court Outcomes and spent convictions, individuals can better manage the process and minimise any potential impact on their opportunities.
The check’s point-in-time validity highlights the importance of keeping records up to date, especially for job seekers. With clear consent procedures and robust privacy protections, the system balances fairness and accountability. A Nationally Coordinated Criminal History Check builds trust and safeguards rights, whether for employment, licensing, or personal record management.
