Application For An Authority To Drive - Taxi-Cab Or Private Hire Vehicle Page 8

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National Criminal History Record Check

General Information Sheet

General Information

This Form is used by Roads and Maritime Services (RMS) as part of the assessment process to determine whether a

person is suitable for public passenger vehicle operator accreditation and/or driver authorisation.

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.

Criminal History Record Checks

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

Information extracted from this Form will be forwarded to the CrimTrac Agency and other Australian police services

for checking action. By signing the form you are providing consent to these agencies:

a) disclosing criminal history information that pertains to you from their own records to Roads and Maritime Services;

and/or

accessing their records to obtain criminal history information that in turn will be disclosed to Roads and Maritime

Services.

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

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

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,

and therefore need to be disclosed in the attached form.

These include:

where a prison sentence of more than six (6) months has been imposed (periodic or home detention is not

considered a prison sentence);

convictions against companies and other corporate bodies;

sexual offences pursuant to the Criminal Records Act 1991; and

convictions prescribed by the regulations. For more information on spent convictions in NSW contact NSW Privacy

on phone 1800 472 679.

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.

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 interest to provide full and frank details in the form.

It is an offence under s54 of the Passenger Transport Act 1990 to make a false or misleading statement to

obtain or attempt to obtain any authority or accreditation. The maximum penalty for this offence is $2200 and

may result in your application being refused.

Australian Federal Police, New South Wales Police Force, Victoria Police, Queensland Police Service, South Australia Police, Western Australia Police,

Tasmania Police, Northern Territory Police Force.

Catalogue No. 45071750 Form No. 1688 (03/2014) ABN 76 236 371 088

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