Know What Your Rights Are When Employers Ask You For Police Checks!

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Australia is a great place to study as well as to pursue a flourishing career. But, when it comes to getting a job, things can get quite tricky.

Many candidates in Australia, while going through the recruitment process, need to tell their prospective employer about their criminal records. Organizations ask the candidates or applicants for their consent so that they can perform a police check on them.

Are you in such a situation where your employer is asking you to produce your police check certificate? You need to know your rights. It is pretty important to know them in Australia. Otherwise, this police check can be a huge hurdle in your recruitment process.

But you don’t have to worry at all. We’ve got your back. To make sure everything goes well in your job seeking process, we will provide you with some valuable information about your AFP National Police Check:

What Exactly A Police Check Is All About? 

It states that if an individual has any criminal history or record. 

So, when you give your consent for a police check, you are revealing all the information about your police history in Australia. An employer can ask for your police check if you are an Australian citizen or you are staying in the country.

Why Do Employers Or Organizations Need Police Checks?

 Every employer wants to reduce the risk of fraud, robbery or any other criminal activity. That’s why while recruiting a new person for the job several employers want to be on the safer side. They would want their employees to have no criminal record and hence ask them to bring a police check certificate.

There are quite a few industries where AFP National Police Check is vital. Suppose, the nature of the job in question is such that you need to work with the elderly or children. In that case, the employer will have to make sure that you don’t have any criminal record at all.

If your employee thinks that your police record is relevant to the job in question, they will mention it openly. It needs to be there in the advertisement for the job. If they are hiring candidates through a recruitment agency, they will clearly state to them about the requirement of a police check.

You Do Have Your Rights As An Applicant, Let’s Check Them Out!

No matter what is the nature of the job an employer interviewing candidates for, you need the person’s consent. You must know that it is your right.

Unless the checks are for prosecution purposes or police investigation, no person holds permission to check your police record. For that, they need to get your consent first.

Consent given should be in writing, as it proves that the employer has your approval for an AFP National Police Check.

The Human Rights Commission states if an employer asks you to tell about your criminal record, you can refuse to tell. However, if it is mandatory to do so under the legislation, you have no other choice than to disclose your criminal record.

Is It Discriminatory To Ask Questions About Criminal Records?

Sometimes an employer asks irrelevant questions related to your criminal history, and uses that information to give you odd treatment. If someone does that, it falls under the category of discrimination. Your employer would not want to do that unless they want to go through an investigation due to the complaints of discrimination.

Let’s Try To Understand This Better With An Example

Suppose, you are going to apply for an accountant’s job. And, your employer states that they will not consider your application without your AFP National Police Check. Afterwards, the employer fails to prove that the job is relevant to the inherent requirements of the job. In that case, asking for a police check by your employer is discriminatory.

Disclose Criminal Record Information Only If The Offences Are Relevant!

An employer can’t ask you to disclose information about your criminal record if it is not relevant to the job. They can only ask for it if the criminal offence is relevant to the intrinsic requirements of the job.

Every Police Check Is Not Discrimination!

There are a few cases in which employers treat the job applicants or the current employees differently. It is an important part of any organization. Every person can’t get the same opportunity in terms of promotions, recruitments, dismissals or work opportunities. There are many scenarios where an employer can lawfully refuse to hire you based on your criminal history.

Conclusion!

In certain cases, you will have to give your consent for an AFP National Police Check. So, if the demand of the employer is fair and not discriminatory, there’s no harm in a police check. Since it is a government service, you can go to a police station for a police check. But, the better option would be to do it online.

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