TL;DR
In Australia, criminal history checks are protected by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Employers can only access this information for lawful, role-relevant reasons, and they must store and dispose of it securely. No one else can view or share your record without your consent or specific legal authority. This guide helps women with lived prison experience understand their rights and safely navigate police checks during employment.
Table of Contents
- Introduction
- How Police-Check Results Are Obtained and Shared
- Who Can Access Your Criminal History Information?
- Role Categories: Who Sees What and When
- High-Risk and Excluded Roles
- Training, Skills, and Consent Considerations
- Employer Storage, Use, and Disposal Obligations
- Legal Barriers and Employee Rights
- Success Works Partners and Support Pathways
- Final Thoughts
- FAQs
Introduction
For many women re-entering the workforce in NSW, police checks form part of the recruitment process across a growing range of industries. It’s completely normal to feel unsure or anxious about how your record will be used. The good news is that police checks are governed by strict privacy laws that protect your information and give you control over who sees it. Understanding your rights can make employment pathways clearer, safer, and more manageable.
How Police-Check Results Are Obtained and Shared
A police check – often called a Nationally Coordinated Criminal History Check – can only be completed with your written consent. Results are transmitted securely to the employer or licensing authority and include only disclosable outcomes. Some regulated industries may access more detailed information when legislation permits, but only for specific, lawful purposes.
You always have the right to ask why a check is needed and what information will be accessed.
Who Can Access Your Criminal History Information?
Only people directly involved in recruitment or suitability decisions can see your check results. This usually includes:
- HR or recruitment staff
- Hiring managers
- Licensing or compliance officers (for regulated roles)
Under the APPs, employers must limit access strictly to those who need the information for a legitimate reason. Your record cannot be shared with colleagues, other departments, partner organisations, or the public unless you give explicit written consent or a legal authority requires it – such as a regulatory investigation.
Role Categories: Who Sees What and When
The level of access depends on the type of role:
- General or low-risk jobs: Only the recruiting manager or HR will typically sight the check.
- High-trust or regulated roles: Compliance, licensing, or senior security staff may also review results to assess risk or suitability.
Even in sensitive industries, access is restricted to those who need to assess inherent job requirements—not the broader organisation.
High-Risk and Excluded Roles
Some roles require higher levels of screening under law, such as:
- Education
- Aged care and disability services
- Healthcare
- Banking and finance
- Security and law enforcement
These positions sometimes involve review panels or assessments by state/federal agencies. In certain regulated settings, even spent convictions may need to be disclosed. Importantly, information is used only for legal assessment – not general sharing.
Training, Skills, and Consent Considerations
Employers cannot request or process a police check without your clear and voluntary consent unless legislation requires it for licensing. If a role does not justify the need for a check, requesting one may breach privacy law.
You have the right to ask:
- Why is this check required?
- Who will see the results?
- How will the information be stored or disposed of?
This ensures you remain informed and in control.
Employer Storage, Use, and Disposal Obligations
Under Australian Privacy Principle 11, employers must:
- Store police-check information securely
- Restrict access to authorised staff
- Use the information only for the stated purpose
- Delete or de-identify the information once it’s no longer required
Improper handling, disclosure, or misuse of police-check results can lead to investigations or penalties from the Office of the Australian Information Commissioner (OAIC).
Legal Barriers and Employee Rights
Women with a criminal record have the right to:
- Access and request corrections to their police-check details
- Understand why their information is being collected
- Challenge unnecessary or irrelevant checks
- Lodge privacy complaints with the OAIC
- Seek anti-discrimination support through the Australian Human Rights Commission if a record is used unfairly or unlawfully
These rights ensure your criminal history information is treated with respect, confidentiality, and legality.
Success Works Partners and Support Pathways
Success Works Partners supports women with lived experience of the criminal legal system to navigate employment, disclosure, and privacy concerns confidently. We help candidates understand their rights, prepare for police checks, and communicate with employers safely and professionally. While we cannot guarantee employment outcomes or act as legal advisors, we provide guidance, mentoring, and pathways for safe and supported re-entry into the workforce.
Final Thoughts
Criminal history information is confidential, protected, and tightly controlled. Only authorised people with a legitimate purpose can access it – and only with your consent or clear legal authority. By understanding privacy laws and your rights, you can approach job applications with confidence and make informed decisions about disclosure and consent.
FAQs
Only authorised HR, recruitment, licensing, or compliance decision-makers. Sharing beyond these groups is unlawful without consent or legal authority.
No. Disclosure is prohibited unless you give written consent or a law requires it. Unlawful disclosure can result in complaints and penalties.
No. Only jobs with legal, safety, or trust-based responsibilities require checks. Employers must show a legitimate reason for requesting one.
No. Employers must securely delete or de-identify your information once it is no longer needed, unless legislation requires a specific retention period.
You can lodge a complaint with the OAIC or seek support under discrimination law if misuse affects your job opportunities or breaches your privacy.
Disclaimer
Success Works Partners provides mentorship and job-readiness training to women with criminal records. Participation in our workforce re-entry program does not guarantee employment, job placement, or licensing in any specific company, role, or industry. All information provided in this blog is for general guidance only and should not be considered legal, financial, or professional advice. While we strive to ensure accuracy and currency, we make no warranties regarding completeness or reliability of the content. We do not represent, endorse, or act as an agent for any organisation or employer mentioned. External links are provided for informational purposes only; we are not responsible for the content, accuracy, or practices of third-party websites. References to external organisations should not be interpreted as affiliation or endorsement. Readers should verify requirements with relevant authorities and seek independent advice where necessary.
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