Police Check and Bankruptcy Check Policy
This document sets out the Super Good Group (“the Employer”)’s policy regarding Police Checks and Bankruptcy Checks for prospective and current employees. The Employer requires these checks to be carried out to ascertain the suitability of individuals for positions within the Employer’s organisation and to help ensure the safety and security of its assets, information, staff and customers.
POLICE CHECKS
It is the Employer’s policy to require criminal record checks (commonly referred to as “National Police Checks” or “Police Checks”) from some job applicants.
We will also require some / all current employees to undergo Police Checks from time to time during their employment.
All employees are also under a strict duty to immediately inform us of any charges or criminal convictions that arise during their employment with us. This should be done by contacting management.
The purpose of these requirements is so that we can assess an individual’s suitability to be offered employment with us, and (in respect of current employees) whether there are matters that may affect their suitability for ongoing employment.
Depending on the nature of the information disclosed, and the role in question, it may be that the existence of criminal charges or convictions may mean someone is not offered a position with us, or that we consider suspending or terminating an employee’s employment with us either with or without notice.
How is a Police Check obtained?
A criminal record check is obtained by an individual requesting a National Police Check and then disclosing the outcome (a Certificate) to us. This will disclose to us details of Australian criminal charges and convictions and other relevant matters which will help us assess an individual’s suitability.
Individuals should generally request the police check from the relevant state / territory police agency where they live, see: https://info.australia.gov.au/information-and-services/public-safety-and-law/police-and-crime-prevention/police-checks
These checks do not disclose “spent” criminal convictions (ie convictions which are removed after a period of time as they are deemed no longer relevant to the purposes of employment).
The Employer will either pay for or reimburse an individual for the costs of the Police Check. In some cases an international criminal records check may also be required.
BANKRUPTCY CHECKS
It is the Employer’s policy to require Bankruptcy Checks from some job applicants.
We will also require some current employees to undergo Bankruptcy Checks from time to time during their employment.
All employees are also under a strict duty to immediately inform us if at any time during their employment any of the following events occur:
• they become bankrupt under the Bankruptcy Act 1966 (Cth) (or any successor legislation or the corresponding bankruptcy provisions of the law of a foreign country or external territory);
• they are served with a notice of a creditor's petition presented to a court under s 43 of the Bankruptcy Act;
• their presentation (as a debtor) of a declaration to the Official Receiver under s 54A of the Bankruptcy Act or their intention to present a debtor's petition or their presentation (as a debtor) of such petition under s 55 of the Bankruptcy Act; or
• they apply to take the benefit of any law (whether Australian or otherwise) for the relief of bankrupt or insolvent debtors, compounding with their creditors or making an assignment of their remuneration for the creditors benefit.
This information should be provided to management.
The purpose of these requirements is so that we can assess an individual’s suitability to be offered employment with us, and (in respect of current employees) whether there are matters that may affect their suitability for ongoing employment.
Depending on the nature of the information disclosed, and the role in question, it may be that someone is not offered a position with us, or that we consider suspending or terminating an employee’s employment with us either with or without notice.
How is a Bankruptcy Check obtained?
A Bankruptcy Check is generally obtained by the Employer using the Bankruptcy Register Search (BRS) to access personal insolvency information about individuals from the National Personal Insolvency Index (NPII). See details here: https://www.afsa.gov.au/online-services/bankruptcy-register-search
PRIVACY
Police Check and Bankruptcy Check information will be stored securely, only kept for a long as is necessary and will only be accessible by staff of the Employer t on a strict “need to know” basis. The information will not be shared outside of the organisation except for the purposes of obtaining legal or professional advice, or as required by law. The information will only be used for the purposes of assessing suitability for employment of job applicants or current employees.