Why is My Current Employer Asking Me to Provide One?

 


If you are an existing employee or a new hire, there are a variety of reasons why your current employer may be asking you to provide a national police clearance.

 

For example, it may be a legal requirement to obtain one from certain types of employees in some companies, organisations, or government departments and agencies.

 

Another possible reason could be that this document is required by your current or future employer for occupation-related licensing or registration purposes, or to meet internal compliance standards.

 

Needless to say, only your employer can clarify why they are making this request. So if you are seeking a more definitive answer to this question, the only way to find out is to ask the relevant point of contact in your workplace.

 

If you are concerned about the legality of your employer asking you for your criminal record information, refer to this link from the Australian Human Rights Commission.

 

Why Am I Being Asked to Provide One Before I Have Even Been Hired?

Some employers may ask job seekers to undertake a police check or share the results of their criminal history.

 

Employers may make this request as a means of screening potential hires. Others may do so for occupation-related licensing or registration purposes, or to meet internal compliance standards. The request could be issued at any point during the hiring process, from the job application stage to the interview stage.

 

If you have been asked to provide a police check as a job seeker, it is crucial to know your rights. The Australian Human Rights Commission states that an employer may be obliged to ask a job applicant for criminal record details where there is a clear legal requirement that an employee or job applicant should not have a certain criminal record.

 

An employer may also ask for criminal record details from you even if there is no external requirement, as long as there is “a connection between the inherent requirements of a particular job and a criminal record.”

 

That is, there must be reasonable grounds for an employer to ask for your criminal record details as a job applicant. Otherwise, the employer may be found to be in breach of either anti-discrimination laws or privacy laws.

 

If your employer indeed has reasonable grounds to make this request, they are required to ask for your consent. This means that your employer cannot force you to undertake a criminal record check or demand that you disclose your criminal history.

 

That said, if you choose not to do so in such circumstances, you may face certain consequences. To learn more, refer to the next section. police check australia

 

 

 

 


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