Key Changes to the Nationally Coordinated Criminal History Check (NCCHC) - effective 1 January 2025

The Australian Criminal Intelligence Commission (ACIC) is set to implement significant updates to the Nationally Coordinated Criminal History Check (NCCHC) Terms of Use, effective 1st January 2025. These changes will have implications for businesses, particularly in staffing, recruitment, and labour hire. Understanding the key updates is crucial to ensure compliance and seamless operations in the new year.

Key Changes to the NCCHC Terms of Use

1. Streamlined Identity Document Requirements

   • The number of identity documents required will be reduced from four plus a Linkage of Identity to three plus a Linkage of Identity.

   • This simplifies the process for applicants while maintaining robust identity verification standards.

     
     

2. Restrictions on Sharing Police Check Certificates

   • Under the new terms, Customers are prohibited from sharing Police Check Certificates with third parties, even if the applicant provides explicit consent.

   • This change reinforces data privacy and security, ensuring that criminal history information remains confidential between the applicant and the requesting organisation.

     
     

3. Eligibility to Administer NCCHCs

   • From 1st January 2025, staffing and labour hire companies can only administer NCCHCs for their own prospective employees.

   • For candidates being placed in permanent roles with clients, staffing companies will no longer be authorised to perform these checks.

   • This marks a significant shift from the current practice and requires staffing firms to adjust their processes accordingly.

     
     

4. Requirements for Minors (Under 18)

   • A parent or guardian must now provide a Linkage of Identity for individuals under the age of 18, not merely a signature and date.

   • This change ensures a higher level of identity assurance for minors undergoing criminal history checks.

     
     

Impact on Staffing and Labour Hire Companies

The updated agreement introduces several operational changes for staffing and recruitment agencies. Here's how these changes might affect your processes:

1. Administering NCCHCs

   • Agencies can continue to perform NCCHCs for candidates being considered for temporary or contract roles. However, for permanent placements, the responsibility for criminal history checks will now lie with the hiring client.

     
     

2. Process Adjustments

   • Companies must align their policies and procedures to comply with the restriction of administering checks solely for their own prospective employees.

   • Clear communication with clients about these changes will be essential to avoid disruptions during permanent placements.

     
     

3. Enhanced Data Privacy

   • The prohibition on sharing Police Check Certificates ensures sensitive information is handled securely. Agencies may need to update internal guidelines and client agreements to reflect this new restriction.

     
     

4. Compliance for Minor Applicants

   • Agencies working with minors must ensure that a parent or guardian provides the necessary Linkage of Identity, which may involve additional verification steps.

     
     

Preparing for Compliance

To ensure your organisation is ready for these changes:

• Update Processes and Training: Train staff on the new requirements for administering NCCHCs, including documentation changes and the prohibition on sharing certificates.

• Communicate with Clients: Inform clients of the new terms, especially the limitations on checks for permanent placements.

• Review Agreements: Update contracts and policies to align with the ACIC’s revised Terms of Use.

• Focus on Data Privacy: Strengthen measures to safeguard sensitive applicant information in line with the updated privacy restrictions.

  
  

Conclusion

The ACIC’s updated NCCHC Terms of Use emphasise streamlined identity verification, enhanced privacy, and clarity on who can administer checks. These changes, while requiring adjustments in existing practices, are designed to improve the integrity and security of the criminal history check process. Staffing and recruitment agencies should act now to ensure a smooth transition by the 1st January 2025 deadline.

By staying informed and proactive, your organisation can continue to deliver compliant and effective hiring solutions while maintaining trust with clients and candidates.