Information about criminal records, spent convictions, extinguished convictions and Working with Children Checks.
Time limit | Action |
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10 crime free years (or three crime free years for child offenders) | A conviction will become spent, unless it was:
|
28 days | To appeal to the NSW Civil and Administrative Tribunal, if you have applied for a Working with Children Check and have been notified you are barred from working with children. |
Organisation | Responsibilities |
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Criminal Records Section of the NSW Police Force | The authority who completes National Criminal Record Checks done for visa, adoption and employment purposes (except child related employment). |
Australian Federal Police | The authority who completes Criminal Record Checks for citizenship and spouse and working visas. |
Office of the Children's Guardian | The authority who conducts Working with Children Checks for child related employment purposes. |
Authority | Covers |
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Criminal Records Act 1991Â (NSW) | Criminal records in NSW |
Common term | Definition |
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Bar | A decision made by the NSW Office of the Children's Guardian when a person is prohibited from working in a job with certain contact with children. |
Clearance | A decision made by the NSW Office of the Children's Guardian when a person is approved to work in a job where they will have certain contact with children. |
Criminal Record | A list of all criminal offences tha​t you have pleaded guilty to or been found guilty and convicted of in court. It also includes serious traffic offences, such as:
A criminal record will also include traffic offences where you have disputed a fine, including a Criminal Infringement Notice (CIN), and have been convicted by the Court. It does not include:
|
Criminal history | A list of all warrants and offences that you have been to Court for, including offences where:
|
Conviction | When the Court accepts your plea of guilty or decides you are guilty after a hearing and decides to record the offence on your criminal and/or traffic record. |
Organisation | Fee |
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Australian Federal Police | You must pay a fee to apply for a National police check. |
NSW Police Force Criminal Records Section | You must pay a fee to apply for a National police check. |
Office of the Children's Guardian​ | You must pay a fee for to apply for a Working with Children Check if you work in paid employment. If you are a volunteer, an authorised carer or an adult living in an authorised carer’s home, you don't have to pay a fee. |
Organisation | Forms |
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Australian Federal Police | If your National Police Check doesn't include a fingerprint check, you can complete it:
If it does include a fingerprint check, you must complete a National Police Check (NPC) Application Form.
|
NSW Police Force Criminal Records Section | Regardless of whether your National Police Check requires a fingerprint check, you need to complete an online application. NSW Police Force doesn't offer offer over the counter, postal, email or fax lodgement options. |
Office of the Children's Guardian | To apply for a Working with Children Check, you must complete an online application form. |
Last updated: January 2024