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, comprising the identity documents specified on our Website and a clear photograph of yourself holding an approved photographic identity document, which our staff visually compare against your documents;
2. A completed application, including your informed consent, requesting the Nationally Coordinated Criminal History Check; 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 the Australian Criminal Intelligence Commission ("ACIC") and Australian police agencies, and obtaining the result of your check, in order to perform the requested Screening Services.

1.3 Fulfilment of Screening Services

Provided National Clearance Australia accepts your request, we will verify your identity, submit your application through the National Police Checking Service, and issue your Nationally Coordinated Criminal History Check result to you when it is released to us.

The Nationally Coordinated Criminal History Check is facilitated exclusively through supply from the ACIC. Processing times are determined by the ACIC and Australian police agencies and are the same across all accredited bodies.

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. Your Results

2.1 Issue of Your Result

Your Nationally Coordinated Criminal History Check Results Report is issued through the ACIC's National Police Checking Service. When it is released to us, we make it available to you through the secure area of your National Clearance Australia account.

Your result is issued to you. We do not send your result to an employer, organisation, or any other third party on your behalf. Once you have received your result, you decide who to provide it to, and you are responsible for any use or disclosure you make of it.

2.2 Disclosable Court Outcomes and Disputes

If your result contains a disclosable court outcome, we will notify you as soon as practicable after the result is released to us, so that you can review it before it is finalised.

Your result will not be finalised until you have had this opportunity and any dispute you raise has been resolved.

You may dispute your result if you believe that: the police information released does not belong to you; part of the police information released does not belong to you; the police information belongs to you but the details are inaccurate; the police information belongs to you but should not have been released; or there is police information belonging to you that should have been released.

To raise a dispute, contact us at info@ncaust.com.au or call 1300 804 855. We will provide you with the official ACIC Dispute Form and guide you through completing it. Providing supporting information — such as other names you have been known by, previous residential addresses, or relevant court documents — assists police agencies to investigate your dispute. We will escalate your dispute to the National Police Checking Service, which confirms receipt within two business days, and we will keep you informed of its status until it is resolved. There is no cost to you for raising a dispute.

2.3 Point-in-Time Record and the Three-Month Limit

A Nationally Coordinated Criminal History Check is a point-in-time record: it reflects your criminal history as at the date it is issued, and it does not expire. However, under our agreement with the ACIC, we are not permitted to provide a check result to you or to any third party more than three (3) months after it was issued. Within that three-month period we can reissue a copy of your existing result on request; after it, a new application is required.

You acknowledge that any information transmitted electronically, including your result, is sent at your own risk and you accept the inherent risks of electronic transmission.

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

Before your Nationally Coordinated Criminal History Check can be submitted, National Clearance Australia must verify your identity to the standard required by the ACIC. We do this by manual review: our Australian-based staff visually examine the identity documents you provide, check them against the details in your application, and compare the photograph you supply of yourself holding an approved photographic identity document against that document.

We do not use facial recognition, automated biometric matching, or artificial intelligence to verify your identity, and we do not create or store a biometric template from your photograph.

We are required under our agreement with the ACIC to make and securely retain a record or copy of each identity document you present.

By accepting these Terms, you confirm that:

1. The information you are providing is truthful, accurate, and current;
2. The identity documents, photograph, and personal information you submit relate to you, and you are authorised to provide them; and
3. You consent to National Clearance Australia collecting, using, and retaining that material for the purpose of verifying your identity and processing your check.

5. Privacy and Personal Information

National Clearance Australia is committed to protecting your privacy. Our Privacy Policy, available at www.ncaust.com.au/privacy, 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. Disclosing your personal information to the ACIC and Australian police agencies for the purpose of conducting your check;
3. Verifying the accuracy of information you have provided; and
4. Retaining, storing, and securely destroying your information in accordance with our data retention obligations as an ACIC Accredited Body and applicable law.

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.

We do not use personal information collected for the purpose of your check to market products or services to you, and we do not sell, rent, or trade your personal information. Communications from us about your application and your account are transactional and necessary to provide the service you have requested.

Please note that once you have provided your result to a third party, National Clearance Australia is not able to retrieve, modify, or delete it from that third party's systems.

6. Nationally Coordinated Criminal History Check

The Nationally Coordinated Criminal History Check (NCCHC) is a check of criminal records held across all Australian states and territories, conducted by the ACIC and Australian police agencies through the National Police Checking Service.

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

1. Acknowledge that you have read the ACIC General Information (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 keeping your account credentials secure and ensuring that only you access your National Clearance Australia account;
3. You are responsible for ensuring that your use of your result, and any disclosure of it you make to a third party, complies with all applicable laws;
4. You authorise National Clearance Australia to verify the accuracy of information you have provided;
5. You understand that your result is issued to you, and that we do not provide it to employers or other third parties on your behalf; and
6. You understand that, in order to comply with our obligations as an ACIC Accredited Body, records relating to your check are retained and then securely destroyed after prescribed periods, and a result cannot be provided more than three (3) months after it was issued.

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, whether by you or by any person to whom you provide it.

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," "NCA," 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 Body — 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 Bodies 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.

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

If you would like to understand how spent convictions legislation applies in your jurisdiction, the following official resources are available:

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, or have any questions about the process or the handling of your personal and police history information, please contact National Clearance Australia at info@ncaust.com.au or call 1300 804 855 so that the NCCHC dispute process can be initiated. The dispute process, including the 14-day period you are given to review a result containing a disclosable court outcome, is set out in Section 2.2 of these Terms. We will keep you informed of the status of your check and of any dispute throughout the process.

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.