Police Records Check Procedure

Preamble

The intent of this procedure is to ensure appropriate screening processes are adopted for positions at Monash University.This procedure is predicated on the premise that Monash University:

• has a duty of care to protect, and not place at unreasonable risk, its students, staff and other persons;
• has a duty of care to protect and not place at unreasonable risk University resources;
• must undertake a rigorous assessment of the suitability of internal and external candidates prior to offering them appointment to a position;
• recognises police record checks are not in themselves a rigorous assessment of suitability; and
• considers referee checks an essential part of the appointment and promotion processes.

This procedure applies to all positions at Monash University Australia including all staff, volunteer, consultant and contractor positions.

This procedure is to be followed when a police records check is required, or when considering whether a police records check is required, for a particular position. 

Definitions

Chair: The chair of a selection committee convened as part of the Monash University selection process.  The chair may delegate duties as appropriate.  Please note, if a selection committee is not involved in an appointment the appointing manager will adopt the responsibilities of the chair.

National Police Certificate (certificate):  Lists the results of a police records check.  The certificate will only be issued to the applicant.

1.  When is a police records check required?

A police records check is a mandatory requirement when, as part of the position, a person:

• has a financial delegation of more than $100,000; or
• deals regularly with significant amounts of cash and the Dean/Divisional Director (or nominee) determines the position requires the consideration of any police record.

A police records check is an optional requirement for any other position at Monash University.
Note: If a position involves 'child-related work' a Working with Children Check is required.

2. What to do if a police records check is required?

a. Include statement in position description
The following statement must be included in the position description, advertisement and associated documentation: “Making an appointment to this position is subject to a satisfactory police records check.”

b. Ensure candidates understand requirement
The chair should ensure candidates understand they may be required to undergo a police records check.  The candidate can be referred to the Victoria Police website for further information.

c. Request candidate undergo check
It is normal practice to request a police records check from the preferred candidate, however the chair has the discretion to request more than one candidate undergo a check as required.

The chair will instruct the candidate to complete an application by following the instructions on the Victoria Police website.

If accessibility is an issue the candidate can contact the Human Resources Division for assistance.

The chair will give instructions for filling out specific sections of the application, namely:

• Section A: type of check required (usually ‘National Name Check’); and
• Section E: purpose of check (usually the position title if appropriate).

The chair must also request the candidate’s full name (including middle names) for identification purposes.

d. Complete notification form
The chair will complete the Notification that National Police Certificate has been requested form and email to the Human Resources Division at the address provided.

e. Assess certificate
Once the check has been conducted the candidate will be sent a National Police Certificate by Victoria Police.  The chair will instruct the candidate to either send the original certificate, including return postal address, to:

CONFIDENTIAL
Police Records Checks
Human Resources Division
710 Blackburn Rd
Monash University Victoria 3800
Australia

Or, present the certificate for sighting at:

Human Resources Division
710 Blackburn Rd
Clayton Victoria

The Divisional Director Human Resources (or nominee) will:

• copy the National Police Certificate and confirm the original has been sighted;
• return the certificate to the candidate;
• assess the National Police Certificate;
• notify the chair of the outcome.

Confirmation of the offer of employment and commencement in the position is conditional upon receipt of the certificate and a satisfactory clearance being obtained.

3. Confidentiality/Privacy

Only the Divisional Director Human Resources (or nominee) is authorised to view National Police Certificates. The Divisional Director Human Resources (or nominee) may consult as appropriate with relevant parties to facilitate the assessment of a certificate.

National Police Certificates and related statutory declarations are confidential and must be stored appropriately to ensure security and confidentiality.

All conduct must comply with the Monash University Privacy Policy.

4. What happens if the applicant does not have a clear record?

When a National Police Certificate lists a finding of guilt, outstanding charge or other matter, the Divisional Director Human Resources (or nominee) will manage the assessment process to determine the candidate’s suitability for the position.  It should be noted that a recommended candidate is not automatically precluded from a job or placement on the basis of having a police record.

• the relevance of the criminal offence in relation to the position;
• the nature of the offence and the relationship of the offence to the particular position for which the person is being considered;
• the length of time since the offence took place;
• whether the person was convicted or found guilty and placed on a bond;
• whether there is evidence of an extended police record;
• the number of offences committed which may establish a pattern of behaviour which renders the applicant unsuitable;
• whether the offence was committed as an adult or a juvenile;
• the severity of punishment imposed;
• whether the offence is still a crime, that is, has the offence now been decriminalised;
• whether there are other factors that may be relevant for consideration. For example, cultural factors or mitigating or extenuating circumstances; ie. Provocation, peer group pressure at time of the offence and the circumstances in which the offence was committed or the effect of alcohol;
• the person’s general character since the offence was committed.

Any decision made for or against an appointment on the basis of a police records check or statutory declaration (if applicable) must be supported by reasons and fully documented.

• The Divisional Director Human Resources (or nominee) will communicate this outcome to the chair;
• The chair must inform the candidate of the decision and its rationale; and
• The chair may provide an opportunity for the candidate to discuss the results.

5. Further Information

Who pays for the check?
Candidates who are required to undergo a police records check are able to receive reimbursement for the cost from their Faculty/ Division. Current prices can be found on the Victoria Police website.

How long is the certificate current?
The certificate is the result of a check of police records only up until the day it is issued.  As a general rule, a certificate can only be regarded as current for six months after it was issued.

What happens if there are lengthy delays receiving the certificate?
Confirmation of the offer of employment and commencement in the position is conditional upon receipt of the certificate and a satisfactory clearance being obtained.  Any queries should be directed to the Divisional Director, Human Resources Division.

What happens if the candidate is living overseas?
Victoria Police does not conduct police checks for candidates living overseas. To obtain a National Police Certificate the candidate must apply to the Australian Federal Police.  The National Police Certificate lists findings of guilt, or matters under investigation, within Australia only.  International police records are subject to the legislation of the country where the person is a resident.  The Human Resources Division can be contacted for assistance.

6. Responsibility

Responsibilities for tasks are summarised below.  Tasks can be delegated.

The chair must:

• include statement in position description and other documentation;
• ensure candidate understands the requirement to undergo the check;
• instruct candidate to:
• complete an application following instructions on the Victoria Police website
• fill in sections A and E as appropriate
• mail the certificate, or present for sighting, as indicated in above;
• request candidate’s full name (including middle name);
• fill in the notification form and email to Human Resources.

The Divisional Director Human Resources (or nominee) must:

• copy the certificate and confirm original has been sighted;
• return certificate to candidate;
• assess certificate; and
• notify chair of outcome.
  

Related Procedures

• Monash University Working with Children Check Guidelines
• Monash University Equal Opportunity Policy
• Monash University Conduct and Compliance Procedure: Privacy

Related Documents

• Victoria Police – Information on Police Records Checks

Related Forms

• Online application form - Consent to Check and Release National Police Record
• Advice that National Police Certificate has been requested