(a) The Australian Criminal Intelligence Commission (ACIC) administers access to nationally coordinated criminal history checks under the Australian Crime Commission Act 2002 (Cth) (ACC Act). (b) Entities requesting a nationally coordinated criminal history check can only do so through a body that has been accredited by the ACIC CEO for the purposes of receiving nationally coordinated criminal history checks under s 46A(5) of the ACC Act (the Accredited Body).
(a) To use the Service, the Customer confirms its acceptance and commitment to complying with the terms and conditions set out in these Terms of Use for Controlled Access to Nationally Coordinated Criminal History Checks (Terms of Use). (b) These Terms of Use are entered into by the Customer in favour of the Accredited Body and the ACIC.
(a) You acknowledge that you may submit requests for nationally coordinated criminal history checks for your current and prospective Personnel and that you will only be entitled to receive the check results report for applications submitted for these Personnel. (b) You understand and acknowledge that you will not be operating in a commercial capacity in relation to nationally coordinated criminal history checks nor will you provide nationally coordinated criminal history checks to third parties, whether in exchange for a fee or for any other purpose, unless authorised or required by law. (c) You agree to treat any information provided to you by the Accredited Body confidentially and comply with the provisions of the Privacy Act 1988 (Cth) when dealing with any Personal Information or Police Information provided to you as part of the Service and undertake to secure all such information against loss and unauthorised access, use, modification or disclosure. (d) You can only use Personal Information and Police Information for the purpose as consented to on the application form. (e) You must not transfer, access or store any of the Personal Information or Police Information outside Australia, without first consulting with the ACIC. (f) ACIC reserves its right to refuse any request to transfer, access or store Personal Information or Police Information offshore if such transfer, access or storage is in contravention to the terms of the agreement for controlled access to nationally coordinated criminal history checks between the ACIC and the Accredited Body.
A nationally coordinated criminal history check is a point in time record. If you need to request a nationally coordinated criminal history check for an Applicant after 3 months have passed since a prior nationally coordinated criminal history check was issued for that Applicant, you will need to submit a new nationally coordinated criminal history check application.
(a) You acknowledge and agree that the ACIC makes the information contained in a nationally coordinated criminal history check, including a check results report, available for use on the following conditions:
(b) You further acknowledge that the ACIC is not responsible for, and is not liable for any loss, liability or expense arising from:
In these Terms of Use, the following definitions are used:
(a) Applicant means a natural person in relation to whom a nationally coordinated criminal history check is sought; (b) Application means a form (in physical or electronic format) completed by the Applicant, or on behalf of the Applicant, submitted to the Accredited Body and provided to the ACIC, requesting the ACIC to conduct a nationally coordinated criminal history check in relation to an Applicant; (c) Check Results Report means a report in a physical or electronic format outlining the results of a nationally coordinated criminal history check provided by the ACIC to the Accredited Body as a result of the Accredited Body accessing and using the Service; (d) Law means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in Australia, whether made by the Commonwealth, a State, Territory or a local government, and includes the common law and rules of equity as applicable from time to time; (e) Personnel means all existing and prospective individuals employed or engaged by the Customer, including in a volunteer capacity; (f) Personal Information has the meaning given in the Privacy Act 1988 (Cth); (g) Police Information means any of the following information:
(h) Service means the National Police Checking Service.