In our earlier blogs, we have discussed the licencing and registrations requirements for the Hospitality Industry, Aged Care sector and Driver Accreditation purposes. But these aren’t the only sectors which have such requirements . Several other industries across Australia require an employee to attain a National Criminal History Check for licencing and registration purposes and also to decide the suitability for paid and unpaid work. Gradually, as Australians are becoming more conscious of the security measures in and around the workplace, the demand for a Police check in is also increasing.
A National Police Check, in addition to other statutory provisions, helps ensure that people are of "good character" when serving for job roles which require a trustworthy person.
Industries requiring a Police Check for Licencing Purposes:
- Education industry
- Construction industry
- Security Services
- Finance & Legal Services
- Real Estate Industries
It is the responsibility of the Department of Education and Training and school councils to ensure the safety of children and employees, and to maintain asset security by requiring and maintaining high standards of professional conduct from employees and volunteers. Generally, two types of checks are needed to obtained: a Criminal History check and a Working with Children Check (WWCC).
Under the Working with Children Act in 2005, any full-time employee or volunteer who is having supervised or unsupervised contact with children needs to perform this check to ensure that they are fit for 'child-related work' within this sector.
Each Australian state and territories have their own measurement criteria which preclude the employees from working in this sector. For example, in the case of Victoria, Criminal offences and pending proceedings or cases of non-conviction against an individual to be considered include those involving serious sexual, violence or drug offences. The WWCC check does not contain crimes such as fraud or theft that could apply to determine the suitability of non-teaching workers in schools for jobs.
The business types under this industry includes residential and non-residential construction, building structure services, installation services, heavy and civil engineering, land development and site preparation. There are many different types of licences for such businesses, such as a building licence, plumbing licence, gas fitting licence, electrical licence, heavy vehicle licence, etc.
Each state in Australia has different conditions for builders seeking to get licensed. This can range from knowledge and experience in a variety of financial tools and references. For example, in South Australia, along with expertise, one needs a National Police check certificate to get a builder licence. If working for an organisation or company, then the director must obtain the police check certificate which must not be more than 12 months old.
The National Police Clearance check is a widespread term in the security industry. For security organisations in Australia, generally, the employer needs to hold a Master Licence, and the employee needs to get a licence based on which security services they will be working for. Most commonly, the term security guard is used to describe such roles, whether privately hired or employed for a public body. The services can be working as a Bodyguard, as a Crowd Controller, Patrolling and Guarding Public Property, Armed and Unarmed Security Officer, etc.
The two territories and six states in Australia have separate laws about their specific courses and standards in terms of protection. The permits are varied and carried out by the Department of Justice, the Department of Attorney General, the Police or the Consumer Affairs Department.
After the completion of training, an applicant can apply for the licence from the particular state licencing regulator from where they want to acquire it. That regulatory body will determine the training one has completed, followed by an intensive Criminal History check.
One may need to obtain a few licenses and train to do some mining work or “tickets” as they are more widely called. There's a lot of different types of tickets depending on what kind of job you'll do. Mines in different states need separate tickets, so before one starts spending money on courses, it is essential to do the homework.
Having a Criminal History check is essential for some job roles, however, on the other hand, it may not be required for different purposes.
Finance & Legal Services:
The stake in the financial sector is quite high as the chances of fraud can come from business insiders. There is a legal obligation to check the employee's credentials before hiring them.
An employee may need an AFS (Australian Financial Services) licence if they want to operate in the specific services like provide financial product advice to clients, deal in a financial product, create a market for a financial product, etc.
The employer can ask for a thorough Reference Check, including a Police Clearance check to help determine if the person is competent and has no criminal history. For official information of the process, one can take a look at the Reference Checking in the Financial Services Industry Handbook.
Real Estate Industry:
The real estate industry primarily deals with property sale, property management, property leasing and some other similar services. Every state or territory has their own requirements and legislations.
For example, In Western Australia, under the Real Estate and Business Agents Act 1978, individuals, associations or companies wishing to act as immovable property or business agents are required to be licensed and possess a valid triennial certificate.
Also, a Criminal History check may be required by the employer to determine if the agents are fit to work in these sectors.
Does the licence get cancelled after having a Criminal Conviction?
Some particular occupations and professions have stringent requirements for the class of conviction that can lead to disqualification. In contrast, others have a more general obligation of "good character" or "fit and proper individual" criteria that can reasonably be argued in a court of law. However, being said that, deregistration doesn't happen automatically when someone is charged with a criminal offence. But, if the crime is directly relevant to the profession, then the chances of cancellation of licence is high.
How KONCHECK Can Help You Get a Police Check Certificate
KONCHECK, an accredited body of the Australian Criminal Intelligence Commission (ACIC), provides a business solution for different industries. Once the organisation registers with this platform, they will be offered a tailor-made dashboard for managing all checks on prospective hires as well as current employees. An individual can also lodge their Nationally Coordinated Criminal History check through KONCHECK. It is a fast and secure way to lodge your police check.