Police Checks on Staff: Keep Your Business Safe

It's a Tuesday morning after a long, holiday weekend. Upon returning to the office, you discover that a break-in has occurred over the weekend and sensitive client files including financial information, company bank account and other passwords, all of the petty cash, and more have been stolen. What's worse, after investigating the break-in police determine that an employee, who is now nowhere to be found, committed the crime. 

This was a trusted employee who had been given possession of keys to the office, lock codes, and other information which enabled him to easily gain access to the office and sensitive information unnoticed and out-of-hours. Moreover, upon further investigation, police turn up a record of similar past offences this employee has committed.

This company wrongly trusted the employee and what he told them about his past, duped by his honesty in revealing certain other unrelated minor offences, believing him when he said he had altered his behaviour and had not reoffended recently. Unfortunately, this wasn't the case.

Keeping Your Business Safe

All of this could have been avoided if a simple police history check had been conducted before hiring this individual. The employer would then have been aware of his previous convictions and, likely, would not have made the decision to hire him, or, if they had, would not have entrusted him with keys to the office or other sensitive information.
What would it take your business to recover from a similar situation. Would you ever be able to regain your clients' trust and recoup the lost business that might result? Wouldn't you wish you had been able to do something to prevent this?

While potential employees and others may complain about requests to provide a police history check, as a business owner, hiring manager, company director, etc. your real responsibility in a hiring situation is to the company and your current employees. Asking for a police check is not overly burdensome for applicants when one considers the potential risk to the business of not understanding their employees' criminal histories. Moreover, it should not overly delay the hiring process as most police checks can be obtained swiftly, within a day or two of application.

Avoiding the Worst

During the interview and selection process, businesses who feel that they might be put at risk were their employees to have a criminal record should make it a policy to request a police check from all potential hires before a hiring decision is reached. In this way, they can become aware of any criminal offences which they feel would preclude the person from working for them. When hiring individuals, and thereby placing trust in them that they will be good, honest employees and moreover that they are law-abiding citizens, a company understandably should be able to have assurances that
they can indeed trust them.

This does not mean that all people with a criminal history will be prevented from obtaining work with companies that require police checks before hiring. Oftentimes, the previous offences committed by the individual seeking employment will be minor and would likely not affect the person in an employment situation. Companies must be careful to consider the types of offences committed, how long ago they were committed and whether there is a pattern of criminal behaviour when they assess whether to hire someone with a criminal record.

However, businesses should be able to choose to hire only those people without an adverse criminal history or those whose previous convictions would not affect them in their current employment. Requiring potential employees to provide a police check can be a valuable first line of defence for the company's security and peace of mind.

Police Checks a Necessity for More than Just Employment?

When considering the uses of Police Checks, most people would assume that they would be used solely in order for people to gain employment, to be assessed when looking to volunteer, or for similar reasons. However, the state of Victoria now requires those couples who are attempting to conceive via IVF to also submit to a police check.

History of the Victorian Law

In 2010, the state of Victoria passed laws which require those who wish to undergo IVF treatment in order to conceive a child to obtain a police check. They are also required to obtain a Child Protection Order Check. Those individuals who have spent a year or more residing in another country in the ten years previous to them obtaining Assisted Reproductive Treatment (ART) must provide a police check from that country as well.

Why require these checks for those receiving ART?

There is an argument to be made that in requiring these police checks to be performed on prospective parents the state government is taking responsibility for its citizens, albeit in this instance for its potential citizens. By ensuring that only those couples who can prove that they would not be a possible danger to their future children are assisted in conceiving, the government seems to be hoping to avoid problems down the line with people who are perhaps unfit to be parents. 

Moreover, for the majority of those people who are willing to go to such lengths to have children – the emotional, physical and financial burden of these treatments is indeed great – having to obtain a police check should be only a small added requirement in the process and should pose no difficulties.

Downsides to the legislation

However, what right does the government have to legislate who should be a parent and who should not? Certainly they would not propose to intercede in cases where a couple may conceive naturally. So why would they intervene in the case of couples receiving Assisted Reproductive Treatment? 

In a process that is already draining for all those involved, to have to prove that one should be a parent is surely an impediment too far. It can also add undue stress at a time of heightened emotions and tensions. In addition, while those couples who have always lived in Australia may find it a simple procedure to obtain a police check, due to the ease and speed at which police checks can be obtained in Australia, those couples who have spent time overseas have often found it difficult to obtain police checks from other countries.

For instance, in an article in the Herald Sun, they identified that for those who have previously lived in the United Kingdom, obtaining a police check for the purpose of obtaining IVF can be very difficult indeed. Many applications for these checks have been rejected as a waste of police time and resources, or they have been greatly delayed. It also indicated that obtaining these checks from the United States, Middle Eastern and African countries, and Japan was proving particularly problematic. For couples desperate to have a child, delays due to something like a police check could be unbearable.

There is even opposition to this by the IVF clinics themselves. At Melbourne IVF, on the same webpage that they explain the existing legislation in relation to this issue, they also point out that they are opposed to the legislation and direct patients to send their concerns to the appropriate parliament member or get in touch with an infertility group that seeks to campaign for the rights of couples receiving Assisted Reproductive Treatment.

Volunteering and National Police History Checks

Police checks are not just required when an individual is seeking employment. Oftentimes, volunteering organisations will request that potential volunteers obtain a police check in order to determine if the person is suitable to volunteer in specific environments, engage with specific people and perform specific tasks and roles.
This could be of particular importance when an individual proposes to volunteer to work with older people, those with disabilities or with children, all of whom may be vulnerable should the person not be of good character and cannot demonstrate this good character through a clean police check. Knowing the background of a potential volunteer can be of utmost importance in these situations.

No one would suggest that it would be good for someone who has been convicted of, say, murder or aggravated assault to have contact with vulnerable people in either an employment or volunteer situation. An individual with this history poses too much of a danger to vulnerable people. Likewise with other serious convictions. A police check allows volunteer organisations to feel confident that they are not allowing individuals with an adverse history access to vulnerable individuals.

However, there are many ways in which those with lesser convictions can be valuable volunteers in organisations. For example, perhaps all it would take would be for the individual to be supervised in their work to mitigate any potential problems that may arise if they were to work independently. Perhaps, as well, they could be given tasks or jobs upon which their criminal record would have a negligible effect.

Moreover, there may also be roles for which a police check is unnecessary and should not be requested. To ensure the privacy of individuals, careful consideration must be taken to ensure police checks are only requested when truly necessary. An applicant for a volunteer position must also consent to have a police check performed. 

If a criminal history is revealed in a police check, it is important that the appropriate people at the organisation have a conversation with the individual about their criminal record and allow the individual to explain, if they wish to, the circumstances related to them committing the crime and/or how they feel they have altered their behaviour since then. The individual should be given the opportunity to argue their case and have their opinion taken into account before a decision is reached on their suitability.

In addition, it is especially important that volunteering organisations understand they can provide a valuable service to the community by giving individuals with a criminal history - as determined by their national police check, who have often only committed minor offences, work experience and the confidence that comes through being productive and accomplishing things. 

By allowing individuals the opportunity to contribute to the community, they become more involved, active members of the community who are able to put their past behind them and may even use their volunteer experience to move into gainful employment. It is better for society if these individuals are not ostracised forever. While they should be punished for their crimes, it is also best if, once they have been punished, they can be given support to alter their behaviour. 

Becoming a volunteer may help them on their way to change their behaviour. Use of police checks to monitor that behaviour commitment may help.

However, whether a volunteer organisation chooses to utilise the skills of those with a criminal history or not, they should ensure that the utmost sensitivity and privacy are maintained when obtaining police checks, in reviewing them and in discussing them. The results of a police check must be kept confidential at all times. While they are most certainly beneficial in assessing individuals hoping to volunteer for certain positions, they must be used with sensitivity, intelligence and in confidence.

How to apply for a National Police Check with Veritas Check

For those people who require a police check, the process is a simple one that involves very few steps, costs very little and can be accomplished relatively quickly. Many companies can provide you with a National Police Check. The first step is to choose a company that you trust and feel comfortable applying through.

Consider:

• Once you have chosen which company you wish to go through, you will typically be asked to complete an online application. This is usually a quick procedure which should not take up too much of your time.
• Next, you will be asked to confirm you are who you say you are by providing certain forms of identification. Acceptable identification is defined as providing the typical 100 points of identification as often used in Australia.
• Lastly, you will need to lodge your application by having copies of your 100 points of identification certified as true copies by someone who can witness statutory declarations.
• You will then need to post your application and documents to the appropriate company.

Timeframes for Return of Police Check Results
When applying for a Police Check with Veritas Check, you should expect to receive your police check back within 30 mintues if applied via the website: www.veritascheck.com.au. This is not too long to wait for something so important, and it seems a triumph that companies can provide such speedy processing times for such a check, especially when many people move between states and thus their records in all states must be checked. 

If you are anxious about your application, many companies will allow you to track the progress of your application using basic information such as your surname, email and a reference number you have been given.

Proving the authenticity of a National Police Check
Once your police check has been finished, you will be emailed the results of this check. However, how can you prove to potential employers or others that your police check is genuine? Generally, the company that you have gone with will provide you with a reference number to allow those who wish to to verify your check on the company's website. Some companies will also give you a QR code which you or those who you give access to the code can scan using a mobile device to confirm the validity of your police check.

Costs of a National Police Check
You may think that the cost of a police check will be unbearably prohibitive, considering the costs of other work-related testing, security cards, etc. However, police checks are surprisingly affordable and as such should not prohibit people from applying to jobs or other opportunities on the basis of cost.

Validity of a National Police Check
It will be up to your employer, future employer or any company or business who requests you to provide a police check on how long they will accept your police check. As a police check can only confirm your criminal record or lack thereof at a single point of time (the point at which it is checked), how long it is acceptable is up to whoever requests it. Often times, companies will accept a police check that has been done within the past year or two, perhaps even more. 

However, even if you must have one done more frequently than this, the low cost and speed at which you can obtain a new one should mean that it will be easy for you to obtain a new one whenever you require it.

Online Police Check - a Simple and Easy Process with Veritas Check

For those people who require a police check, the process is a simple one that involves very few steps, costs very little and can be accomplished relatively quickly.

How to apply for a National Police Check

·         Many companies can provide you with a National Police Check. The first step is to choose a company that you trust and feel comfortable applying through.

·         Once you have chosen which company you wish to go through, you will typically be asked to complete an online application. This is usually a quick procedure which should not take up too much of your time.

·         Next, you will be asked to confirm you are who you say you are by providing certain forms of identification. Acceptable identification is defined as providing the typical 100 points of identification as often used in Australia.

·         Lastly, you will need to lodge your application by having copies of your 100 points of identification certified as true copies by someone who can witness statutory declarations.

·         You will then need to post your application and documents to the appropriate company.

Timeframes for a National Police Check

Generally, you should expect to receive your police check back from your designated company within one to two days from the time they have received your posted application. This is not too long to wait for something so important, and it seems a triumph that companies can provide such speedy processing times for such a check, especially when many people move between states and thus their records in all states must be checked. If you are anxious about your application, many companies will allow you to track the progress of your application using basic information such as your surname, email and a reference number you have been given.

Proving the authenticity of a National Police Check

Once your police check has been finished, you will be emailed the results of this check. However, how can you prove to potential employers or others that your police check is genuine? Generally, the company that you have gone with will provide you with a reference number to allow those who wish to to verify your check on the company's website. Some companies will also give you a QR code which you or those who you give access to the code can scan using a mobile device to confirm the validity of your police check.

Costs of a National Police Check

You may think that the cost of a police check will be unbearably prohibitive, considering the costs of other work-related testing, security cards, etc. However, police checks are surprisingly affordable and as such should not prohibit people from applying to jobs or other opportunities on the basis of cost. One can get a National Police Check for as little as $12.34 including GST. This is a very reasonable amount.

Validity of a National Police Check

It will be up to your employer, future employer or any company or business who requests you to provide a police check on how long they will accept your police check. As a police check can only confirm your criminal record or lack thereof at a single point of time (the point at which it is checked), how long it is acceptable is up to whoever requests it. Often times, companies will accept a police check that has been done within the past year or two, perhaps even more. However, even if you must have one done more frequently than this, the low cost and speed at which you can obtain a new one should mean that it will be easy for you to obtain a new one whenever you require it.

Do Police Checks Unfairly Discriminate?

Many people believe that National Police Checks provide a valuable service in allowing employers to identify those individuals who should be excluded from active employment in certain fields based upon their past criminal history. However, is this the full story? Are people with criminal records being discriminated against unfairly as they seek to gain employment?

How might a criminal record affect employment opportunities for individuals?

Potential employment discrimination against individuals was studied and discussed as far back as December 2004 by the Australian Human Rights Commission. They have found that there is significant prejudice against those who have a criminal record when they apply for jobs, which contributes to a higher level of unemployment amongst those who possess a criminal record.

They note that when employers have the option to employ those without a criminal record versus those with a criminal record, they will often chose individuals without the criminal record rather than people with one. To some extent this is basic human nature, which prejudices people against those who may be dangerous or irresponsible. National Police Checks facilitate this process by allowing employers to gain knowledge of potential employees' past records.

In other industries and fields, it has less to do with active discrimination and more to do with a requirement for hiring managers to exclude those individuals who have a criminal record from consideration for employment. This is due to the specific nature of those fields. For example, organisations who work with young people or vulnerable adults or work in hospitals and health care facilities have what many would believe are valid reasons for not allowing people who have criminal records to apply for employment.

In addition, one may argue that the requirement to provide a police check to gain employment unfairly disadvantages young people and Indigenous Australians. For young people who already possess a criminal record, their future may look bleak, with any future prospects of employment hindered by what they have done in their past. Their opportunity to gain meaningful employment may be curtailed before they have even entered the job market. For Indigenous Australians, who are disproportionally represented in criminal figures, their chances of gaining employment are severely affected by any criminal record they may have.

'Inherent requirements' as a solution

The Australian Human Rights Commission advises that one of the best ways to avoid unfair discrimination on the basis of criminal history against individuals seeking employment, is to clearly identify the 'inherent requirements' of particular roles and assess an applicant's suitability against these requirements, taking into account any affect their criminal history might have on whether they can satisfy these requirements. This decision must be made without bias against the individual.

We can all sympathise with the desire not to let our pasts determine our futures. Even if one does not have a criminal record, often there are aspects of each person's past that they would not like to resurface. This is particularly true in employment situations, when individuals seek to be judged based upon the merit of their past positive work experiences and present proven performance, competencies, and abilities.

What is mentioned over and over again in the report is the important role trust plays in employment decisions. Employers must be able to trust that their employees can perform their roles without causing issues and disturbances. By allowing employers to view police history checks, they may lose trust in a candidate's proven abilities on the basis of past convictions. 

One can only hope that by being honest and up-front in interviews, those individuals can actively seek to gain this trust back and fight against this prejudice. The police check may then actually end up being a tool to gain this trust back by allowing employees the opportunity to disclose and discuss their past.

Like it or Not - Police Checks are a New Reality

In order to gain employment, many potential employees are now being required to obtain a  Police Check from a relevant agency which has been allowed by CrimTrac to access the National Police Checking Service and to issue police history checks.

Once received, employers may use the results of the police check to determine the suitability of a candidate for a particular role based upon a person's criminal history, including any past convictions and pending charges they may have.

The Benefits of Obtaining a National Police History Check for Employment

The benefits of obtaining a national police check are largely enjoyed by the employer. These checks allow them to be satisfied that those people they employ do not have an undesirable criminal record which might indicate that the past behaviour of the potential employee suggests possible future problems and issues with that employee.

It is also beneficial to the populace in general to be assured that those who are employed in positions where they have contact with vulnerable people do not have a criminal history which might endanger these individuals. And moreover that one's colleagues do not possess a criminal record.

For potential employees, having a police history check which indicates that they do not have any disclosable or pending court charges may allow them the 'edge' in their job hunt over other similar candidates. They can give future employers the confidence that they are responsible and law-abiding citizens.

The Downsides of National Police History Checks for Job Searchers

However, some would say that the whole idea of police history checks is rotten, that no employer has a right to access such personal information about applicants and employees. Indeed, for those individuals who do have a criminal record, but have since altered the way they live their lives and have not re-offended, providing their police history check may prejudice future employers against hiring them. Especially, as it can take up to 10 years for a conviction to become spent.

In addition, particularly for those individuals who do not have a criminal history, having to obtain a police history check can be an unnecessary added burden and a barrier to their gaining employment. While the cost of these checks are low, they are not free; and while they usually can be processed fairly swiftly, they do not come through instantaneously. In the worst case scenario, if an individual who cannot afford it requires a police check immediately or within a day or two in order to secure a job interview or obtain a job, it is possible they will miss out completely on being considered for a role or even on an employment opportunity.

Striking a Middle Ground

However, one can see that overall the requirement of some employers for their potential employees to provide evidence of a clear police history check is mostly beneficial. Certainly, for businesses and organisations there is not downside. For those individuals who have not committed any relevant crimes in the past, a little forethought in ensuring a police history check is obtained, if they think they will require it, early on in their job search should allow them to search for work unimpeded by this requirement and may give potential employers more confidence in hiring them. Also, overall, the fees to obtain a check are not overly prohibitive and can be viewed as a necessary expenditure in their job search.

For those who do have past convictions that would appear on a police history check, they may still be given the opportunity to argue their case to potential employers that that which appears on their check is no longer relevant as it happened, for example, a long time ago and they do not intend to do such things in the future.

For those with recent or pending charges, obtaining a national police check may well damage their changes of gaining employment in certain fields. However, many hold the belief this is a 'necessary evil', and one that primarily penalises and punishes those who have chosen in the past to commit crimes without thought to how their actions might affect their future or damage society at large.