Criminal records and private sector employment
It is not illegal for an employer to ask an applicant whether they have any previous charges or convictions, but the law allows you to deny any spent convictions.
The NSW Police do not currently perform criminal record checks for private employers, except where special provisions exist. There are special provisions covering casino employees, health care, child care and disability service providers in licensed or funded services and some other specialised forms of employment.
However there is a proposal for a National Criminal History Record Checking Program.
Screening of people in child related employment for sexual and violence offences commenced in July 2000.
In a number of regulated occupations criminal record checks are conducted as part of licensing or registration, eg
- commercial and private inquiry agents,
- security officers,
- nurses, and other health professionals
- applicants for some real estate licences
- passenger vehicle authorities
- some dangerous occupations regulated by occupational health and safety regulations.
In most cases there is a right of appeal to the Administrative Decisions Tribunal where a NSW licence is refused on the grounds of a criminal record. For a discussion by the Tribunal's Appeals Panel of the principles which the Tribunal applies see Department of Transport v Z (no 2).
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