NATIONAL CRIMINAL HISTORY – RECORD CHECK CONSENT
Southern Cross Community Healthcare (Aust) Pty Ltd (Southern Cross) conducts National Criminal History Checks as part of the assessment process to determine whether a person is suitable for employment or other engagement for work with Southern Cross.
Unless statutory obligations require otherwise, the information provided during this process 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 engagement in other positions within Southern Cross.
CRIMINAL HISTORY RECORD CHECK
Criminal history record checks are an integral part of the assessment of your suitability. You are asked to disclose whether you are the subject of any criminal charges still pending before a Court, or whether you have been the subject of any convictions or findings of guilt before a Court.
Southern Cross uses the services of Australia Post to gather information and forward to the Australian Criminal Intelligence Commission (ACIC), other Australian Police Services or other law enforcement agencies for checking action.
By completing this process you are providing your consent to these agencies for:
a) Disclosing criminal history information that pertains to you from their own records to Australia Post and/or
b) Accessing their records to obtain criminal history information that in turn will be disclosed to Southern Cross
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.
If you do not agree with the results of your nationally coordinated criminal history check, contact Southern Cross Accounts on 1800 989 000 and advise you want to dispute the result. Southern Cross will then escalate all disputes to the Australian Criminal Intelligence Commission via Australia Post..
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 “squashed” 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 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 Police Force Criminal Records Section on phone (02) 8835 7888.
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 provide 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 interests to provide full and frank details in the form.