National Criminal History Check Terms and Conditions

Massage & Myotherapy Australia National Criminal History Check

Definitions

Massage & Myotherapy Australia (a brand of the Australian Association of Massage Therapists Ltd)
Hereafter known as the ‘Association’.

National Criminal History Check
Is a criminal history check carried out by CrimTrac subject to Item 4.

Criminal History Information
Means information relating to records of court convictions and findings of guilt, or other information regarding the Applicant obtained by an Australian Police Service and included within a National Criminal History Check (NCHC). This information will be released subject to relevant spent convictions/non-disclosure legislation and/or information release polices in individual jurisdictions.

CrimCheck
The CrimCheck Ltd service is provided by a not-for-profit organisation to benefit other not-for-profits. Also known as the ‘Accredited User’.

CrimTrac
Means the principal provider of Criminal History Information on behalf of the Australian Police Services.

Applicant
Means an individual who provides written informed Consent to a NCHC being conducted on him or her, or an individual for whom a NCHC is mandated by legislation.

Informed Consent
Means a consent form signed by the Applicant that sets out:

a. The nature of a NCHC;
b. The purpose(s) for which the information is being collected (to authorise the Accredited User or the Association to obtain Criminal History Information);
c. Any person to whom, or agency to which, the information will be disclosed (CrimTrac, Federal State or Territory Police); and
d. Any law which requires that their personal information be collected and the consequences of not complying.

1. Payment
The Applicant is required to pay the prescribed fee. Refunds cannot be issued once the NCHC request has been submitted to CrimCheck.

2. Property in Criminal History Information

2.1 Property Ownership
Property in Criminal History Information provided to the CrimCheck and the Association lies in CrimTrac.

2.2 Copies
Property in each copy lies or will lie in CrimTrac.

3. Obligations of the Association

3.1 The Association will provide information concerning the results of the NCHC to the Applicant.

3.2 If requested the Association will provide personal details of the Applicant to Crimcheck or CrimTrac.

4. Limitations of NCHC

4.1 The accuracy and quality of a NCHC depends on the accurate identification of the Applicant (including aliases) according to the information provided by the Applicant and the Association, and on the comprehensiveness of police records.

4.2 The information in the Australian Police records searched for a NCHC may not be up-to-date or include convictions prosecuted by non-police agencies.

4.3 NCHC may not include all Criminal History Information relating to the Applicant. Reasons for this include incorrect name matching and the operation of laws that prevent disclosure of certain Criminal History Information.

4.4 A NCHC is a point-in-time check and should not be relied upon for an unreasonable amount of time. The Association will only recognise NCHC conducted within a 12 month period of the current date.

4.5 To the extent permitted by law, all information provided in a NCHC is made available for use on the following conditions:

• The Association makes no representation or warranty of any kind including without limitation in respect of its accuracy, and
• To the extent permitted by law, the Association, CrimTrac, CrimCheck and the Australian Police Services accept no responsibility or liability for any error or omission in the information contain in a NCHC.

5. Obligations of the Association

5.1 In a request for a NCHC, the Association must provide to CrimCheck, the personal details of the Applicant as set out in the Information Consent Form.

5.2 The Association must establish the true identity of the Applicant prior to submitting a request for a NCHC to CrimCheck. True identity must be established using the methods and documentations provided by CrimCheck to the Association.

5.3 The Association must only request a NCHC if it has first obtained the completed Informed Consent from the Applicant.

5.4 The Association may increase the cost of the NHCH at its discretion.

6. Obligations of the Applicant

6.1 The Applicant will:

a) Provide accurate, current and truthful information in the Application;
b) Pay the prescribed fee, in full, prior to the NCHC request being submitted;
c) Pay the prescribed fee, in full, where a further fingerprint check is required as set out in Item 9.1 b).

7. Privacy

7.1 The Association will:

a) Disclose Personal Information only for the purposes for what is intended at the time of application;
b) Not do any act or engage in any practice that would breach any of the Australian Privacy Principles;
c) On request, notify individuals whose Personal Information is held by the Association of the complaints mechanism outlined in the Act that may apply to the Association.
d) Carry out and discharge the obligations contained in the Australian Privacy Principles as if it were an agency under the Act; and ensure that any officer, employee or agent of the Association who is required to deal with Personal Information for the purposes of the contract between the Association and CrimCheck, is made aware of the obligations of the Association as set out in this Item 7.

7.2 The Association must notify CrimCheck if the Association:

a) Becomes aware of a breach or possible breach of any of the obligations contained in, or referred to, in this Item 7, by the Association.
b) Becomes aware that a disclosure of Personal Information may be required by law; or
c) Is approached by the Privacy Commissioner, or any individual to whom any Personal Information held by the Association relates, in respect of Personal Information.

8. Protection of Information

8.1 The Association must ensure that the Criminal History Information is protected through the implementation of procedures which include the following:

a) Only Authorised Officers of the Association have access to the Criminal History information;
b) The Criminal History information is only used by the Authorised Officer and key personnel for the Associations purposes;
c) The Criminal History Information is not disclosed to any third party (excluding the Applicant), and the Association must not enter into an arrangement that would otherwise indicate the outcome of a NCHC, without the prior written agreement of CrimCheck or where disclosure is required by law (in which case CrimCheck must be informed).

8.2 The Association will keep the Criminal History Information secure and protected by implementing safeguards to prevent loss, unauthorised access, use, modification, disclosure or other misuse, including unauthorised reproduction by any means within the organisation.

8.3 The Association and CrimCheck, in consultation with each other, must have implemented a system of tracking the dispatch, receipt, storage and disposal of the Criminal History Information and original Informed Consent Forms.

9. Retention of Information

9.1 The Association will manage the Criminal History Information at all times so as to protect the privacy of Applicants and the confidentiality of the Criminal History Information and must dispose of the Informed Consent and Criminal History Information in accordance with the following requirements:
a) The Association will not make an applicant’s Informed Consent, Criminal History Information or Copies a permanent part of its records and only retain such information Consent, Criminal History Information or Copies for a period not exceeding twelve months commencing on the date on which CrimCheck received the Criminal History Information from CrimTrac (unless legislation applying to the Association mandates a longer retention period).
b) The Association ensures that Criminal History Information is destroyed by the Association by any method that will prevent the identity of the Applicant being deduced from reconstitution of the residue.

10. Audit and Assurance Processes

If requested to do so by CrimTrac or CrimCheck under the terms of contractual agreement, the Association must give representatives of CrimTrac, and any other person authorised by a representative of CrimTrac or CrimCheck, access to the Associations premises, and to records and accounts in connection with the handling of Criminal History Information, including the right to copy documents.

11. Information Disclosed by Australian Police Services through CrimTrac

11.1 Accuracy of Criminal History Information

a) The Association will bring to the Applicants notice any matter relating to the Criminal History Information obtained from a NCHC that may result in an adverse decision in respect of their assessment/result.
b) Where the Applicant disputes the accuracy of the Criminal History Information, either in part or in full, the Association, in consultation with CrimCheck, must take all actions necessary to provide the Applicant with information about the steps the applicant must take to establish a comparison fingerprint check, and CrimCheck may liaise with CrimTrac in the first instance to determine whether the Criminal History Information released relates to that Applicant. There may be a cost associated with a further fingerprint check.

11.2 Assessment of the Applicant

It is acknowledged that, subject to any relevant legislation, the Association may use the Criminal History information provided about an Applicant in decision-making processes related to the assessment of suitability for Massage & Myotherapy Australia Certification, an undertaking, appointment or employment. However, consideration of the Criminal History Information form only one part of the assessment processes for an Applicants suitability.

12. Relationship between CrimTrac/CrimCheck and the Association

Under contractual agreement the Association is an accredited user of CrimCheck and, therefore, does not have power or authority to bind CrimCheck or CrimTrac.