Damon Mcknight
In Australia, criminal records are publicly available, with the exception of domestic violence cases. The public can access all criminal and civil proceedings, which are published daily online in New South Wales. This includes the name of the offender, the listing type, and the courtroom location. However, the associated charge with the court appearance is not listed. To obtain a more comprehensive overview of an individual's criminal history, one can apply for a National Police Certificate (NPC) from the Australian Federal Police. This certificate will disclose all criminal charges, outstanding charges, and those dealt with via good behaviour bonds. The NPC application process requires a fee and the submission of identity documents. It is important to note that NPCs are not suitable for use as criminal records in court proceedings, and independent legal advice should be sought for that purpose.
| Characteristics | Values |
|---|---|
| Criminal record check | Discloses all criminal charges, including convictions, outstanding charges, and those dealt with in good behaviour bonds that are not yet finalised. |
| National Police Certificate (NPC) | Anyone can apply for their own NPC, but consent is required to apply on behalf of someone else. Costs $56, or $113 if fingerprints are required. |
| Court lists | In New South Wales, daily lists of criminal law and civil matters are published online, including the name of the offender, listing type, and courtroom location. |
| Open justice | All criminal and civil proceedings are open to the public, except for domestic violence cases. |
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What You'll Learn
Apply for a National Police Certificate (NPC)
A National Police Certificate (NPC) is a summary of an individual's disclosable court outcomes and pending charges sourced from the databases of all Australian police jurisdictions. This includes traffic and non-police-prosecuted matters. Convictions such as spent or certain juvenile convictions may not be disclosed on an NPC in accordance with legislation and policies of the various police jurisdictions.
National Police Certificates are commonly used for employment, volunteering, or licensing purposes. An NPC can be applied for online and is delivered within minutes if submitted online and does not require further investigation. Online applications may take up to 10 business days to process if further investigation is required. Further investigation may be required for confirmation of identity, common names, licenses or permits, or other information from contact with the police.
To apply for an NPC, you must provide three identity documents, including one photo ID. The names on your documents must match. If you've changed your name, you'll need to provide additional documentation. If you are under 18 years of age, you will need a parent or guardian to co-sign your application. The application fee is $56, and if you need to supply fingerprints as part of your application, the total cost is $113. Application fees are exempt from GST.
If your NPC does not include a fingerprint check, you can scan and upload your documents, check your date of birth and other details, include your email address, and pay the application fee. You will receive a digital certificate when the check is complete, and you can also request a hard copy of your certificate.
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Check with state or territory police
To find out if someone has a criminal record in Australia, one option is to check with the criminal records section of the relevant state or territory police service. This process involves applying for a National Police Certificate (NPC) from the Australian Federal Police. Here is a step-by-step guide on how to do this:
- Application Process: Visit the website of the Australian Federal Police to access the NPC application form. You can apply for an NPC for yourself or for someone else with their consent. If the applicant is under 18, a parent or guardian must co-sign the application.
- Required Documents: You will need to provide identity documents worth at least 100 points in total. Scan or photocopy these documents and attach them to your application. You may also need to provide fingerprints as part of your application, which will incur an additional cost. Include details of any other names you are or have been known by.
- Payment: The application fee is $56, or $113 if fingerprints are required. Payment must be made in Australian dollars via bank cheque or money order, payable to the Australian Federal Police. Include the payment with your application form and documents.
- Timing and Processing: Submit your application promptly, as the form must be received within three months of being signed. Ensure your application is complete and accurate, as incorrect or missing information may result in your application not being processed.
- Certificate Usage: The NPC will list 'disclosable court outcomes' in accordance with federal, state, and territory laws, including the Crimes Act 1914 and the Spent Convictions Act 2000. It covers local and interstate criminal and traffic court outcomes. Note that the NPC is not suitable for use as a criminal record in court proceedings; instead, it lists disclosable court outcomes and pending charges. The level of information released depends on the purpose of the check.
- Reprints and Updates: You can request a reprint of your NPC within three months of the original issue date. After this period, you will need to submit a new application. If your circumstances change, do not lodge a new or updated application unless instructed to do so.
In addition to checking with state or territory police, you can also refer to publicly available court records, which vary by state. For example, in New South Wales, the courts publish a daily list of criminal law and civil matters, including the name of the offender, listing type, and courtroom location. However, the associated charge is not listed, and for more detailed information, you would still need to refer to the police or court directly.
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Request fingerprints
In Australia, fingerprint checks are a crucial component of the National Police Certificate (NPC) application process, which provides a summary of an individual's offender history. This process is handled by the Australian Federal Police (AFP) and incurs a fee of $113 for applications requiring fingerprint checks. The NPC application, along with the original fingerprints, must be submitted via post, as online applications do not support fingerprint checks.
For those residing in the Australian Capital Territory (ACT), fingerprint appointments can be requested by emailing [email protected]. Alternatively, individuals outside of Canberra are advised to contact their local police station to schedule a fingerprint appointment. It is important to note that fingerprint checks take a minimum of 15 working days to process.
In Victoria, the Victoria Police offers both ink and Livescan fingerprinting services by online appointment only. Livescan fingerprints are electronically captured and are required for a range of licensing purposes, including private security, firearms, and armed guard licences. To book a Livescan fingerprint appointment, individuals can search by suburb or postcode. However, it is important to check with the requesting agency about the specific requirements, as incorrect forms may result in rejected fingerprints without a refund.
Additionally, individuals under the age of 18 have different rules pertaining to fingerprinting. For those aged 15 and above, police officers can obtain fingerprints if there are reasonable grounds to suspect the individual has committed an indictable offence. In such cases, a parent, guardian, or independent adult must be present during the fingerprinting process.
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Check daily court lists
Checking daily court lists can be a way to find out if someone has been criminalized in Australia. Several online resources are available to help locate court records and daily court lists. The Court and Police Records guide from the State Library of Victoria provides information on historical and current court cases in Australia. This includes the Historical Records of Victoria, which contain extracts from court registers in Melbourne and Geelong from the 1830s and 1840s, listing the offender's name, their offence, and the punishment. The guide also covers early court records from the 1800s, such as the Index to the Governor's Court in New South Wales (1814-1824) and Judge Walpole Willis' Port Phillip casebooks (1841-1843). These records can be accessed through the Western Sydney Records Centre and the State Library of Victoria's website, which includes name indexes and original documents.
For more recent cases, the Court and Police Records guide suggests using the Court Data Australia (CDA) search service. After registering for a free account, you can search for an individual or company to see if they have appeared before a court in a civil or criminal case. While CDA does not provide case outcomes, it offers other valuable information. Additionally, the guide recommends Cops and Robbers: A Guide to Researching 19th-Century Police and Criminal Records in Victoria, Australia, which provides insights into finding early police records, watchhouse charge books, court registers, and more. Some of these records are now available online through the Public Record Office Victoria (PROV).
To access daily court lists, the Magistrates Court of Victoria utilizes the Electronic Filing Appearance System (EFAS). This system allows users to search for their hearing date by selecting the case type (civil or criminal) and entering their case number or surname in the designated fields. The Federal Court of Australia also publishes daily court lists on its website, which are updated by approximately 4:30 pm for the next business day. These lists include information about live-streamed hearings and any changes to the schedule.
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Seek legal advice
If you have been charged with a criminal offence in Australia, it is important to seek legal advice from an experienced criminal lawyer. This is because criminal charges can have a significant impact on your future, including employment and visa prospects.
A criminal record check will disclose all criminal charges, including any convictions, outstanding charges, and charges dealt with through good behaviour bonds. This information is accessible to the media, who have a right to access court records to compile reports. However, there are restrictions in place that prevent the media from publishing certain documents, such as those under a suppression order.
In New South Wales, the courts publish a daily list of criminal law and civil matters, which includes the name of the offender, listing type, and courtroom location. This list is easily accessible to the public through the NSW online registry. However, it is important to note that the associated charges are not listed, so while you may find someone's name, the specific criminal charges will not be listed.
If you are seeking information about your own criminal record, you can apply for a National Police Certificate (NPC) from the Australian Federal Police. This certificate will list any disclosable court outcomes and pending charges, but it is important to note that it cannot be used as a criminal record in court proceedings. The NPC application process requires identity verification and may include a fingerprint check, with a total cost of $56 or $113 with fingerprints. You will need to provide the correct paperwork, forms, payment, and identification, and ensure that all information is true and correct to avoid prosecution under the Criminal Code Act 1995 (Cth).
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Frequently asked questions
You can apply for a National Police Certificate (NPC) from the Australian Federal Police. This will list any disclosable court outcomes and pending charges, including local and interstate criminal and traffic court outcomes.
You will need to provide identity documents worth at least 100 points in total. If you are unable to meet the 100-point requirement, you can contact the Australian Federal Police for further instructions. You will also need to provide details of any other names you are or have been known by. In some cases, you may also be required to provide fingerprints.
The application fee is $56. If fingerprints are required, the total cost is $113.
The courts in New South Wales publish a daily list of criminal law and civil matters, which includes the name of the offender, the listing type, and the courtroom and location they will appear. This list is freely accessible to the public online.
