Changes to the National Police Checking Service

From 1 July 2018, the Australian Criminal Intelligence Commission (ACIC) has implemented new contractual arrangements for all accredited bodies such as Equifax and its Legal Entity Customers.  The new arrangements follow from the merger of the former CrimTrac agency and the Australian Crime Commission (ACC) to form Australian Criminal Intelligence Commission (ACIC). ACIC advises that the proposed changes have been made to ensure compliance with the legislation under which ACIC now operates (the Australian Crime Commission Act 2002 (Cth)).  The changes are non-negotiable if continued use of ACIC services is sought after 1 July 2018.

As the requested changes may have a direct impact on your current screening processes and compliance requirements, this brief summary of some key points is provided to help you familiarise yourself with the changes.

Candidate Role when Requesting an ACIC Police Check:

The Candidate Role description (your identification on the purpose of the search) helps determine what information will be disclosed on the police check. It is important to ensure that the purpose of the check is presented sufficiently and is able to be interpreted correctly and consistently by police agencies.

This information is mandatory and ACIC requires the following details for every National Police Check:

  1. position title, occupation or entitlement being sought
  2. proposed place of work (name of organisation or type of workplace)
  3. location (town and state/territory)
  4. Level of contact with vulnerable groups (supervised / unsupervised / no contact)

Please note if candidates would not be in contact with vulnerable groups, the purpose field should include No Contact with Vulnerable.

Below are examples of how this information can be provided in the Equifax Employment Verification ordering screen:

ACIC Requirements for Candidate Role
Information Required by ACIC Corresponding field in Employment Verification Ordering Screen Example
  1. Position title, occupation or entitlement being sought
Candidate Role Product Manager
  1. Proposed place of work (name of organisation or type of workplace)
(No need to enter. This information will be automatically populated based on your organisation name) (Equifax)
  1. Location (town and state/territory)
Work Location Sydney, NSW
  1. Level of contact with vulnerable groups
Care of Vulnerable No Contact

Guidelines for Care of Vulnerable People Police Checks:

For candidates who are expected to work with children or vulnerable people, you will be requested to confirm their level of contact with such groups. To do so, please select one of the three options (i.e. supervised / unsupervised / no contact) provided in the Care of Vulnerable section of the ordering screen.

Vulnerable people include:

  • The aged/elderly
  • People with physical or mental health issues
  • Pregnant women
  • The poor
  • Victims of discrimination
  • Refugees
  • Victims of abuse
  • The homeless

Note:

  • Direct or indirect contact means face-to-face contact, phone contact or any type of communication.
  • Supervision means in the presence of an adult who is responsible for the safety or care of the child or the vulnerable person.
  • Supervised contact - direct or indirect contact with children or vulnerable groups, with supervision
  • Unsupervised contact - direct or indirect contact with children or vulnerable groups, without supervision
  • No contact - no direct or indirect contact with children or vulnerable groups.

As an example and according to ACIC’s guidelines, if the primary role of an applicant’s job is to work with pregnant women, then you would need to select Supervised / Unsupervised Contact for the Care of Vulnerable option. For instance, prenatal care or nursing jobs would require you to select these options as the applicant will work specifically with pregnant women.

Changes to the 100 Points Identity System

ACIC has replaced the previous 100 Points Identity System with a new Minimum Proof of Identity Requirement. These changes are aimed to provide greater assurance to Equifax clients of an applicant’s identity and to minimize the risk of identity fraud. The new process will require candidates to provide 4 documents from 3 categories, as below:

  • ONE Commencement of ID Document
  • ONE Primary Use in the Community Document
  • TWO Secondary Use in the Community Documents

In all instances, the combination of identity documents must contain at minimum the applicant’s full name, date of birth and a photograph. If candidates have provided identity documents using a former name, such as a maiden name, they must provide evidence of the name change in addition to the four identify documents.

The nature of the documents in each of the categories is summarised below:

Commencement of ID:

  • Australian Passport - Current (P)
  • Australian Birth Certificate
  • Australian Visa
  • lmmiCard (P)
  • Document of Identity issued by DFAT (P)
  • Evidence of Resident Status

Primary Use in Community Document

  • Australian Drivers Licence - Current (P)
  • Foreign Passport – Current (P)
  • Proof of Age or Photo Identity Card – Current (P)
  • Australian Marriage Certificate
  • Shooters or Firearms Licence - Current (P)
  • Student Identification Card - Under 18 (P)

Secondary Use in Community Document

  • Medicare Card
  • Enrolment with the Australian Electoral Commission
  • Document of Identity issued by DFAT (P)
  • Foreign Government Issued Documents (P)
  • Security Guard / Crowd Control Licence (P)
  • Evidence of Right to an Australian Government Benefit
  • Consular Photo Identity Card (P)
  • Police Officer Photo Identity Card (P)
  • Credit Card
  • Australian Government Photo ID Card (P)
  • Trusted Referees Report
  • Aviation Security Identification Card (P)
  • Bank Card
  • Maritime Security Identification Card (P)
  • Credit Reference Check
  • Australian Tertiary Student Photo Identity Document (P)
  • Australian secondary student photo identity document (P)
  • Certified Academic Transcript from an Australian University
  • Convention Travel Document Secondary (P)
  • Australian Defence Force Photo ID Card (P)

(P) Photo Document

ACIC has also advised that expired identity documents will no longer be acceptable.

Linking Applicant to Identity Document

ACIC requires for all police check applications be made by the individual concerned. As such, it is the responsibility of the accredited bodies (including Equifax and its clients) to confirm that the applicant is who they are claiming to be on the application form.  That is, there is a positive obligation to now establish the link between the applicant and the identity being claimed in documents.

To meet this requirement, Equifax will require all applicants to upload a photo of themselves, holding their photo ID document next to their face. Equifax will then visually verify the face on the identity document against that of the applicant.

Release of Disclosable Court Outcomes to Applicants

Where Equifax receives a police check result from ACIC containing a Disclosable Court Outcome (DCO), it is now required to provide that result to the applicant as soon as practicable. Equifax will send an email to the applicant advising they have returned a DCO and making it known to the applicant that they have the right to dispute the result.  If the individual decides to dispute the results, Equifax will then raise a request with ACIC for review.  Our clients are also obligated to give that applicant a chance to dispute their results before relying on that search result or making any adverse decision on their suitability.

Subsequent to the review, if the ACIC amends the applicant’s result, Equifax will notify the applicant as well as its client. If the amended result still contains a DCO, Equifax will again give the applicant a chance to dispute that outcome.

If you require additional information, please speak to your account manager or our client services team.