National Criminal Record Check Consent Papers (Page 2 of 6) in pdf

ATTACHMENT 7.3

National Criminal Record Check Consent Form (page 2)

GENERAL INFORMATION

This Form is used by NSW Health as part of the assessment process to determine whether a person is suitable for

employment or other engagement for work.

Unless statutory obligations require otherwise, the information provided on this Form will not be used without your prior

consent for any purpose other than in relation to the assessment of your suitability. You may be required to complete

another consent form in the future in relation to employment in other positions.

CRIMINAL HISTORY RECORD CHECK

Criminal history record checks are an integral part of the assessment of your suitability. Information extracted from the

Form will be forwarded to the CrimTrac Agency, other Australian police services or other law enforcement agencies for

checking action. By signing the Form you are providing your consent to these agencies:

disclosing criminal history information that pertains to you from their own records to NSW Health; and/or

accessing their records to obtain criminal history information that in turn will be disclosed to NSW Health.

Such criminal history information may include outstanding charges, and criminal convictions/findings of guilt recorded

against you that may be disclosed according to the laws of the relevant jurisdiction and, in the absence of any laws

governing the release of that information, according to the relevant jurisdiction's information release policy.

It is usual practice for an applicant’s personal information to be disclosed to Australian police services for them to use

offences.

for their respective law enforcement purposes including the investigation of any outstanding criminal

SPENT CONVICTIONS SCHEMES

New South Wales

In New South Wales the Criminal Records Act 1991 (NSW) governs the effect of a person’s conviction for a relatively

minor offence if the person completes a period of crime-free behaviour, and makes provision with respect to quashed

convictions and pardons.

A “quashed” conviction is a conviction that has been set aside by the Court. A “pardon” means a free and absolute

pardon that has been granted to a person because he/she was wrongly convicted of a Commonwealth, Territory,

State or foreign offence.

In relation to NSW convictions, a conviction generally becomes a “spent conviction” if a person has had a ten year

crime-free period from the date of the conviction. However, certain convictions may not become spent convictions.

These include:



where a prison sentence of more than 6 months has been imposed;



convictions imposed against bodies corporate;



convictions for sexual offences; and



convictions prescribed by the regulations.

For more information on spent convictions in NSW contact NSW Privacy on phone (02) 9268 5588.

Other Australian Police Services

Where a criminal history record with another Australian police service has been obtained, any relevant legislation

(and/or release policy) affecting that police service will be applied before that record is released. Under various

pieces of Commonwealth, State and Territory legislation a person has the right, in particular circumstances or for a

particular purpose, to not disclose certain convictions/findings of guilt over a certain age. Such convictions (widely

referred to as “spent” or “rehabilitated” convictions) will not be released unless the records check is for the applicant’s

personal information only and provided that this is in accordance with relevant legislation (and/or release policy).

Please contact individual police services directly for further information about their release policies and any legislation

that affects them.

PROVISION OF FALSE OR MISLEADING INFORMATION

You are asked to certify that the personal information you have provided on this form is correct. If it is subsequently

discovered, for example as a result of a check of police records, that you have provided false or misleading

information, you may be assessed as unsuitable or, if already employed, may lead to your dismissal.

You should note that the existence of a record does not mean that you will be assessed automatically as being

unsuitable. Each case will be assessed on its merit, so it is in your interests to provide full and frank details in the

form.

CGRM_NCRC HS 7.3 last Updated March 2010

National Criminal Record Check Consent Papers Page 2

Related Articles

Related forms

Related Categories