Senators and Members are able to request National Police History Checks (NPHC) for new employees, which may assist in determining their suitability for employment.
A NPHC involves State and Territory police agencies identifying and releasing any relevant police history information they have on record about an individual in accordance with relevant legislation.
The employing Senator or Member must indicate on the employment agreement if the employee is required to undertake a NPHC. Where a check is requested, the completion and submission of Form 78: National Police History Check is also required.
An employee undergoing a NPHC is required to provide the following to Ministerial and Parliamentary Services (M&PS):
- personal information, including residential information covering the previous five years
- 100 points of identity documentation as detailed on Form 78: National Police History Check
- informed consent for both the check to be conducted, as well as for any results to be provided to their employing Senator or Member, or authorised person.
M&PS will submit a completed Form 78 to the Australian Criminal Intelligence Commission (ACIC) for processing through the National Police Checking Service (NPCS).
NPHC results are only valid as at the date the results were released. If an employee changes office, the new employer may request that a new check is conducted to ensure continued suitability for employment.
Each check will return either:
- No Disclosable Court Outcomes (NDCO), where there is no disclosable police history information held by any police agencies, or
- Disclosable Court Outcome/s (DCO), where there is police history information returned by one or more police agencies that may pertain to the employee.
|Result released to M&PS|
|No Disclosable Court Outcome (NDCO):
Result not supplied automatically.
Can be supplied to employee or Senator or Member on request.
|Disclosable Court Outcome (DCO):
Result supplied to employee to confirm reported outcome is correct.
|M&PS will contact the employee via telephone to confirm that the result/s have been correctly attributed to them. M&PS will first confirm the employee’s personal details are correct, and then outline the results of the check to them.|
|The employee can confirm or dispute that the result/s pertains to them. The employee may also dispute results release for legal reasons (eg. the results are covered under the Spent Convictions Scheme as described in the NPCS Application/Consent Form).|
|M&PS provides results to the employee and employing Senator or Member or authorised person.
The Senator or Member may use the result of the NPHC, along with other factors, to determine the employee’s suitability for employment. The information provided to the employer should be handled in the strictest confidence.
|M&PS sends a Dispute Resolution Form to the employee for completion which includes the police history information provided by the police agency.|
|The employee should provide further identification documentation not included on the original consent form. Evidence or documentation that may assist in resolving the dispute should also be attached.|
|The completed form is sent back to M&PS for submission to ACIC.|
|Successful Dispute||Unsuccessful Dispute|
|Police agency confirms returned history does not belong to the employee.||Police agency is unable to identify any discrepancies from original results.|
|Police agency updates reference material by releasing NDCO, or removing the disputed material.||Police agency emails ACIC and updates results indicating investigation is completed with no changes to information.|
|If the employee still disputes the police history information relates to them, a fingerprint analysis may be conducted (if available). The employee will be responsible for coordinating with the police service from this point on, though any associated costs may be reimbursed through M&PS.|
Retention of NPHC Documents
In accordance with ACIC requirements, M&PS retains copies of NPHC results for no longer than three months, or until after a dispute resolution process has been finalised.
Senators and Members should ensure that NPHC results are stored in a locked cabinet.