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Legislation

What legislation does the Service operate under?

Access to the National Police Checking Service (the Service) is administered under the Australian Crime Commission Act 2002 (Cth) (ACC Act). The Service works in cooperation with all relevant Commonwealth, state and territory legislation applicable to the information collected, used and disclosed for the police check.

While the Australian Criminal Intelligence Commission (ACIC) is exempt from the Privacy Act, every effort has been made in the design of the Service to protect the privacy of applicants at all times. Each accredited body’s privacy policy must reflect the Australian Privacy Principles (APPs) as part of their contractual obligations with the ACIC. 

What is spent convictions legislation or an information release policy?

All Australian states and territories have spent convictions legislation or information release policies which determine the disclosure of criminal convictions on a police check result.

The police are responsible for administering relevant legislation or information release policies.  Please contact your state or territory police agency if you need more information or clarification. The following links may be helpful in sourcing spent convictions and release policy information:

If your police check result contains a conviction that you believe should be spent, you are able to dispute the result through the organisation that requested the police check.