Failing Police Check AUS: What Now?
When an individual fails a police check in Australia, it can be a significant hurdle, especially if the check was part of a job application, volunteer work, or a pre-requisite for licensure in certain professions. A failed police check means that the individual’s criminal history does not meet the criteria set by the entity requesting the check. If you find yourself in this situation, don’t despair. There are several steps you can take to address the issues and prepare for a brighter future.
Understanding Your Police Check Results
Before you can address the failed police check, it’s crucial to understand what the results mean. A police check in Australia will return one of two results:
- No Disclosable Court Outcomes (NDCO): This means an individual has no criminal history or findings that need to be disclosed.
- Disclosable Court Outcomes (DCO): This indicates that there are findings that might include court convictions, charges, and any matters awaiting court hearings.
Steps to Take After a Failed Police Check
1. Review the Report
Carefully read through your police check to understand exactly what has been disclosed. Ensure that all the information is correct and that there are no errors in your criminal history report.
2. Assess the Impact
Consider how the disclosed outcomes may affect your prospective employment or activity you wish to undertake. Some organizations may have policies on what types of offenses they can accept.
3. Seek Legal Advice
If you believe there has been a mistake or the disclosed outcomes are not accurate, you should seek legal advice immediately. A lawyer can help you understand your rights and may assist in rectifying any inaccuracies.
4. Appeal or Dispute Errors
If there is incorrect information, you have a right to dispute the results. You can do this by contacting the police service that issued the check to resolve any mistakes or outdated information.
5. Disclose Proactively
When applying for positions in the future, be upfront about your criminal history and how you’ve addressed any issues. Many employers value honesty and the willingness to be transparent.
6. Work on Rehabilitation
Show that you have made efforts toward rehabilitation if your history involves offenses from the past. Engage in community work, attend counseling, or pursue education that proves you are making positive changes.
7. Prepare for Explanations
Develop a clear and concise explanation for any disclosable outcomes that might come up in future checks. Practice explaining the circumstances without being defensive.
8. Know Your Rights and Limitations
Understand which offenses may be 'spent' after a certain period and may not need to be disclosed. Also, be clear about anti-discrimination laws that protect individuals from unfair treatment based on their criminal history.
9. Assess Alternative Pathways
Certain failed checks can lead to reconsidering your career path. Explore alternative pathways where your criminal history may have less impact on your opportunities.
10. Keep Records
Maintain a record of your police checks and communications concerning your criminal history. Documentation can be important if disputes or legal issues arise.
Conclusion
Failing a police check in Australia does not necessarily spell the end of your aspirations. With the right understanding and a proactive approach, you can navigate through the setback. By addressing any issues, being upfront about your history, and demonstrating personal growth, you can regain trust and open new doors for future success. Remember, it is always advisable to seek professional advice and support when dealing with legal matters.
Additional Support
For further guidance or support, consider contacting these resources:
- Legal Aid: Contact your state or territory's legal aid service for advice and support.
- Community Legal Centers: These independent organizations can provide free or low-cost legal advice.
- The Australian Human Rights Commission: They can help understand the rights of individuals with a criminal record.
Taking proactive steps in the wake of failing a police check can not only help you cope with the immediate challenges but also lay the groundwork for overcoming obstacles in the long term. Knowledge and action are key in turning this situation into a stepping stone for future achievements.