A Guide to Victoria Police Checks for Employers and Employees

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Victoria Police Checks
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Why is it necessary to have a Victorian police check of an applicant?

In some cases, criminal convictions may prevent a person from being able to perform the critical requirements of a job. For example, a person with a fraud history would not be suited to finance jobs.

It is critical to note that employers, employees, and recruitment agencies will all have a duty in the process of recruitment. These duties stem from critical areas such as common law and contract law.

Duty of Employers

Employers have a critical duty to make sure that the conduct in their business is safe. It is in their hands to protect the organization’s assets and the safety of every employee, volunteer, contractor, client, and anyone involved in their premises or comes into contact with their enterprise. It is also possible for employers to become liable for any acts of dishonesty that an employee completes regardless of whether it is for the benefit of the enterprise or the employee.

Employees have a duty to act in good faith and to perform reasonable care and skill in doing their duties. Failing to disclose a critical criminal conviction that is later identified from a Victorian police check may justify a recruit’s employment termination.

Recruitment agencies have a duty to disclose any information they may have about an applicant’s criminal history to prospective employers. If they have extensive involvement in the recruitment process, there is a greater likelihood that they will owe duties to the employer.

Referees can have a duty to both the prospective employer and applicant to provide an optimum reference that is considered fair and accurate. Similarly to the recruitment agency, they may also be required to disclose any vital information they have about the relevant criminal history of an applicant.

Are people with criminal histories protected from discrimination in employment in Victoria?

Through the Australian human rights commission, Victoria can appease complaints and make critical recommendations where a person believes they have been unduly discriminated upon because of a criminal record that seems irrelevant. Discrimination does not include cases where the criminal record makes a person disqualified from performing the inherent requirements of a specific task.

Why is a job critical in the rehabilitation of offenders?

A job allows prisoners as well as other people who have been found guilty of crimes to make a new start. It is an optimum way of mitigating their chances of reoffending. Because of this, it is crucial not to make unfair judgments against people with criminal records. 

How can the records of applicants in Victoria who have spent a considerable amount of time overseas be checked?

Through the Australian Department of immigration and border protection, Victoria has critical information about the government or law enforcement agency and can contact the police check in every country from Albania to Zimbabwe. It is possible for the data to change without notice and should be checked on the website of the relevant agency as well as the embassy or consulate at the time it is required.

What information is included in the national police check?

The Victoria police are able to release criminal history data on the basis of guilt findings. Thus, a national police check will include guilt with no conviction and guilt resulting in good behaviour and bond. It might also contain details of matters currently under investigation or awaiting hearing from the court. But it will not contain any information about spent convictions. In contrast to other states and territories, Victoria does not have a scheme when it comes to spent convictions.

Why is it required for a job description to have inherent requirements of the job?

Identifying the inherent requirements of the job aids employers in deciding whether a police check is necessary and provides them with the right to take relevant criminal offences into account. It also aids applicants in determining whether or not to apply for a specific job.

Inherent requirements are critical to the job and not something peripheral. Applying similar standards to every job could be discriminatory. For example, communication officers are not held to the same standards as members of the police force. Law enforcers have the authority to carry weapons and make arrests; because of this, they are rightly held to a higher standard.

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