Terms and Conditions

1. Screening Services

1.1 Submitting a Screening Request

National Clearance Australia will process your Screening Services request only after you have provided the following through our Website:

1. Satisfactory proof of identity, which may include government-issued identification documents and biometric data (such as a selfie), as specified on our Website;
2. A completed application requesting the specific Screening Services you require; and
3. Any supplementary information that National Clearance Australia reasonably requests in order to fulfil your application.

Should we require additional information from you and not receive it within thirty (30) days of our request, your application will be deemed suspended until such information is received.

1.2 Appointment as Agent

By submitting an application for Screening Services, you appoint National Clearance Australia as your authorised agent for the purpose of providing your personal information to, and obtaining relevant information from, any third party necessary to perform the requested Screening Services.

1.3 Fulfilment of Screening Services

Provided National Clearance Australia accepts your request, we will:

1. Carry out the Screening Services you have requested. If your application involves checks outside of Australia or New Zealand, we will endeavour to provide those services to the extent that is reasonably practicable; and
2. Prepare a Screening Results Report containing the outcomes of your requested Screening Services.

The Nationally Coordinated Criminal History Check ("NCCHC") is facilitated exclusively through supply from the Australian Criminal Intelligence Commission ("ACIC"). Other Screening Services may involve requests to third-party information providers. If a third-party provider does not supply the requested information within thirty (30) days, your application will be treated as suspended.

1.4 Reservation of Rights

National Clearance Australia reserves the right to refuse, modify, suspend, limit, or discontinue any aspect of the Screening Services at any time, including the availability of features on our Website, without prior notice or liability.

2. Distribution and Sharing of Results

2.1 Sharing with Registered Organisations

Our Platform enables you to share your personal information and screening results ("Your Information") with organisations that are registered on the National Clearance Australia portal ("Registered Organisations"). You retain sole control over whether and when Your Information is shared.

Registered Organisations are assigned a unique Organisation Reference Number. You may share Your Information by entering this reference number on our Platform and confirming your request. By doing so, you acknowledge and agree that:

1. Any information transmitted electronically is sent at your own risk and you accept the inherent risks of electronic transmission;
2. The information being shared is your own and you are authorised to share it;
3. You are responsible for keeping Organisation Reference Numbers secure and preventing their misuse;
4. National Clearance Australia may verify Your Information before it is shared;
5. You grant the receiving organisation permission to view, store, and process Your Information for the purpose you have specified (for example, employment screening or volunteer eligibility);
6. Your Information may be retained in the receiving organisation's records; and
7. You may not be able to retrieve or modify Your Information once it has been transmitted to an organisation.

2.2 Overseas Organisations

If you choose to share Your Information with an organisation based outside Australia, you acknowledge that:

1. National Clearance Australia will take reasonable steps, consistent with the Australian Privacy Principles ("APPs"), to ensure overseas recipients handle Your Information appropriately, but cannot guarantee their compliance with Australian privacy legislation;
2. Overseas recipients may not be bound by Australian privacy laws;
3. You may have limited recourse under Australian law if Your Information is mishandled by an overseas recipient; and
4. National Clearance Australia accepts no responsibility for any breach by overseas organisations in relation to Your Information.

2.3 Sharing via Secure Results Link

Upon completion of your screening, National Clearance Australia will:

1. Store your Screening Results Report in a secure area of the Website; and
2. Provide you with the ability to generate a unique secure URL ("Results Link") that grants access to selected portions of your Screening Results Report.

You may generate multiple Results Links and manage them through your account. You are solely responsible for controlling who receives each Results Link. National Clearance Australia is not liable for any access resulting from your intentional or accidental sharing of a Results Link, or any unauthorised use thereof. Certain reports may be automatically deleted after prescribed periods to comply with legal requirements.

3. Payments, Fees and Refunds

3.1 Payment

You must pay the applicable fees for your requested Screening Services at the time of submitting your application. Payment may be made by credit card (Visa, Mastercard, or American Express), Afterpay, or any other payment method approved by National Clearance Australia and displayed on our Website.

3.2 Refund Policy

Under the Australian Consumer Law, you may be entitled to a remedy (including a refund) in certain circumstances prescribed by legislation. In addition, National Clearance Australia will provide a refund where:

1. We decline to accept or process your application;
2. The specific Screening Services you requested are no longer available; or
3. You cancel your request before National Clearance Australia has commenced processing. In this case, a partial refund may be issued after deducting a reasonable administration fee.

Refunds will not be issued if you have selected an incorrect check type (e.g. volunteer instead of employment). We strongly recommend confirming the correct check type with the requesting party before placing your order.

3.3 Goods and Services Tax

All fees displayed on our Website are inclusive of GST unless otherwise stated. Where any payment constitutes consideration for a taxable supply under the GST legislation, the amount payable will be adjusted to ensure that National Clearance Australia retains the correct net amount after remitting any applicable GST.

4. Identity Verification

To verify your identity electronically in connection with a Nationally Coordinated Criminal History Check, National Clearance Australia may transmit information you provide (including your name, address, date of birth, and copies of identity documents) to Commonwealth and State government agencies through the Australian Government Document Verification Service ("DVS").

The DVS operates by securely transmitting your information to the original issuer of each identity document (for example, the relevant state transport authority for a driver's licence). The issuer confirms or denies whether the information you provided matches their records. The issuer does not receive any information beyond what is necessary for this verification.

By accepting these Terms, you confirm that:

1. The information you are providing is truthful, accurate, and current;
2. The identity documents and personal information you submit belong to you, and you are authorised to provide them; and
3. You consent to National Clearance Australia using and disclosing your personal information for electronic identity verification via the DVS as described above.

Before conducting DVS verification, National Clearance Australia will separately request your explicit consent, in addition to any informed consent obtained for the NCCHC itself.

5. Privacy and Personal Information

National Clearance Australia is committed to protecting your privacy. Our Privacy Policy, available at www.nationalclearanceaustralia.com.au/privacy-policy/, explains how we collect, use, store, and disclose your personal information. We encourage you to read our Privacy Policy before using our Services.

By using our Services, you consent to National Clearance Australia:

1. Handling your personal information in accordance with our Privacy Policy;
2. Searching for, locating, and obtaining information relating to you from third-party sources as reasonably necessary to provide the Services;
3. Verifying the accuracy of information you have provided;
4. Disclosing Your Information to parties or organisations you authorise, or to external parties required to fulfil the Services; and
5. Retaining and storing Your Information in accordance with our data retention policies and legal obligations, unless you revoke consent by contacting National Clearance Australia in writing or requesting deactivation of your account.

National Clearance Australia employs industry-standard security measures to protect your personal information from misuse, loss, and unauthorised access, modification, or disclosure. These measures include physical security, network security controls, encryption, and strict access controls limiting access to authorised personnel only.

Please note that once Your Information has been transmitted to a third party with your consent, National Clearance Australia may not be able to retrieve, modify, or delete it from that third party's systems.

Unless you opt out, National Clearance Australia may use your contact details to inform you of relevant service updates, promotions, and new offerings.

6. Nationally Coordinated Criminal History Check

The Nationally Coordinated Criminal History Check (NCCHC) — previously most commonly known as a National Police Check (NPC) — is a service provided by National Clearance Australia that enables you to request a comprehensive check of criminal records held across all Australian states and territories, and to share those results with authorised parties.

If you submit an application for a Nationally Coordinated Criminal History Check, you:

1. Acknowledge that you have read the ACIC General Information Guide (see Appendix below) and understand that information will be disclosed in accordance with applicable legislation and information release policies, including spent convictions legislation across all Australian jurisdictions;
2. Acknowledge that any information you provide relates specifically to the purpose identified in the Check Type, Check Purpose, and Check Role/Organisation sections of your application;
3. Acknowledge that your stated purpose may fall within a category where exemptions from spent convictions protections apply;
4. Confirm that all information you provide is truthful, complete, and relates to you, including your full legal name and all former names;
5. Acknowledge that providing false or misleading information is a serious criminal offence;
6. Acknowledge that National Clearance Australia collects your information for the purpose of providing it to the ACIC and relevant police agencies;
7. Consent to the ACIC and police agencies using and disclosing your personal information to conduct the check;
8. Consent to police agencies disclosing police history information to the ACIC from their records, in accordance with Commonwealth, State, and Territory laws and information release policies;
9. Consent to the ACIC providing the information disclosed by police agencies to National Clearance Australia;
10. Acknowledge that electronic submission of information and identity documents carries inherent risks, and you accept those risks;
11. Acknowledge that it is standard practice for your personal information to be disclosed to Australian police agencies for law enforcement purposes, including the investigation of outstanding offences;
12. Acknowledge that personal information you provide will be disclosed to National Clearance Australia and its authorised personnel, located exclusively within Australia; and
13. Acknowledge that your information must be retained by National Clearance Australia for a minimum of twelve (12) months from the date of issue, in accordance with ACIC accreditation audit and compliance requirements, after which time it will be securely destroyed.

7. Your Responsibilities and Acknowledgements

In using our Services, you acknowledge and agree that:

1. You are responsible for the security of the device and network from which you access our Services, Website, or Platform;
2. You are responsible for ensuring that only authorised persons can view or receive information from your National Clearance Australia account;
3. You are responsible for ensuring that your use of Your Information, and any decisions made based on screening results, comply with all applicable laws in your jurisdiction;
4. You authorise National Clearance Australia to search for and obtain information relating to you from external sources as necessary to deliver the Services;
5. You authorise National Clearance Australia to verify the accuracy of information you have provided and information obtained from external sources;
6. You authorise National Clearance Australia to provide your Screening Results Report to persons or organisations you designate, unless you revoke such access through the Website or in writing;
7. You authorise National Clearance Australia to hold personal information including (but not limited to) your employment history, qualifications, professional memberships, and references; and
8. You understand that in order to comply with legal requirements, certain records will be deleted after prescribed retention periods.

8. Limitation of Liability and Indemnity

While National Clearance Australia exercises reasonable care in providing the Services, we do not warrant nor accept responsibility for the accuracy or completeness of information supplied to us by third parties, including government agencies and police forces.

To the maximum extent permitted by law, you agree to indemnify, release, and hold harmless National Clearance Australia, its directors, employees, officers, and contractors from and against any and all losses, liabilities, damages, costs, and expenses arising from or in connection with your use of the Services, including (without limitation) claims in defamation, breach of privacy, negligence, or breach of contract.

National Clearance Australia will not be liable for any use of information contained in a Screening Results Report or accessed through a Results Link, whether by you or any other person.

In respect of the Nationally Coordinated Criminal History Check, you hereby indemnify the Commonwealth Government, the ACIC, and their respective servants and agents against all actions, proceedings, claims, demands, costs, and expenses arising from or in connection with the release of any criminal history information or other details recorded against your name or purporting to relate to you.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable legislation that cannot be excluded, restricted, or modified by agreement.

9. Intellectual Property

All content on the National Clearance Australia website — including but not limited to text, graphics, logos, images, software, and design elements — is the property of Job Trainer Australia Pty Ltd or its licensors and is protected by Australian and international intellectual property laws.

No part of this Website may be reproduced, distributed, modified, or re-transmitted in any form without the prior written consent of National Clearance Australia.

The names "National Clearance Australia," "PCA," and associated logos and branding elements are trademarks of Job Trainer Australia Pty Ltd.

10. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Western Australia. You and National Clearance Australia each irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals therefrom.

11. General Provisions

1. Waiver: A failure by either party to exercise any right under these Terms does not constitute a waiver of that right or any other right.
2. Cumulative Rights: The rights and remedies under these Terms are cumulative and do not exclude any rights or remedies provided by law.
3. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
4. Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and National Clearance Australia in relation to your use of the Services.

Appendix — ACIC General Information

Collection of Personal Information

The Australian Criminal Intelligence Commission (ACIC) collects your personal information via the National Clearance Australia online application form in order to conduct a Nationally Coordinated Criminal History Check (NCCHC) on your behalf. This is facilitated through a contractual arrangement between the ACIC and its Accredited Organisation — Job Trainer Australia Pty Ltd (ABN 95 647 755 600), Suite 53, 15 Labouchere Road, South Perth, WA 6151.

The ACIC maintains contractual arrangements with Accredited Organisations to collect personal information on its behalf. This supports assessment processes for individuals applying for employment, Australian citizenship, positions of trust, volunteer service, or various licensing and registration schemes. Accredited Organisations and their clients (such as employers) use the personal information collected and the resulting NCCHC as part of their suitability assessment. Some Accredited Organisations operate under a legislative basis for collection, use, and disclosure of personal information.

The ACIC recommends that you seek further information about any relevant legislative framework from National Clearance Australia.

How the Check Works

Information you provide on the National Clearance Australia application form will be used by the ACIC and police agencies to conduct your check. It will also be used to update records held about you by the ACIC and police agencies.

The ACIC and police agencies will access their records to obtain and disclose Police History Information ("PHI") relating to you. This information will be provided to Job Trainer Australia Pty Ltd, Suite 53, 15 Labouchere Road, South Perth, WA 6151.

PHI may include outstanding charges, warrant information, and criminal convictions, findings, or pleas of guilt recorded against you.

PHI is disclosed in accordance with the applicable laws of the relevant jurisdiction and the relevant jurisdiction's information release policies, including spent convictions legislation.

Spent Convictions Information by Jurisdiction

The following resources provide information about spent convictions legislation in each state and territory:

Accuracy of Results

While every care has been taken by the ACIC and police agencies in conducting your check, the accuracy and quality of the results depend on correct identification of the applicant (including any aliases), the completeness of police records, and the accuracy of information you provide on your application. Incomplete or inaccurate information may compromise the validity of your results.

If you disagree with the results of your NCCHC, please contact National Clearance Australia at info@ncaust.com.au or call 1300 804 855 so that the NCCHC dispute process can be initiated.

ACIC Contact Details

For further information regarding the NCCHC process or the handling of personal and police history information, you may contact the ACIC's National Police Checking Service directly:

• Phone: 02 6268 7000
• Email: clientservices@acic.gov.au

Obligation to Provide Accurate Information

Both National Clearance Australia and applicants must take reasonable steps to ensure that personal information collected or disclosed is accurate, complete, and current. By submitting your application, you certify that the personal information you have provided is correct. Providing false or misleading information is a serious offence under Commonwealth law.