About this form
Important – Please read this information carefully before you
complete this form. Once you have completed this form we
strongly advise that you keep a copy for your records.
Police records check — consent to obtain personal
information
This form is used by the Department of Immigration and
Citizenship (the department) and applicants to assess whether
a person is eligible for temporary or permanent residence.
Unless statutory obligations require otherwise, the information
provided on this form will not be used without your consent
for any purpose other than for this assessment.
Police records check
Police records checks are integral to assessing your eligibility.
On this form you are asked to disclose whether you are the
subject of criminal charge(s), including traffic violation(s), still
pending before a court, or whether you have been the subject
of criminal or traffic conviction(s) or finding(s) of guilt before
a court or a traffic violation. You are not required to reveal any
conviction(s), which may be protected by part VIIC of the
Crimes Act 1914, relating to pardoned, quashed or spent
convictions, except where an exclusion applied (see explanation
note below).
Unless otherwise advised by the department, a police
records check is not required for persons under the age
of 17 years.
This form should be forwarded by you with a fee of AUD43.00
direct to the Australian Federal Police (AFP) at:
Criminal Records
Australian Federal Police
Locked Bag No 1
WESTON ACT 2611
By submitting this form you consent to the AFP:
• disclosing criminal history information from its records to the
department; and
• accessing the records of State/Territory police to obtain any
criminal or traffic violation history for disclosure to the
department.
The usual processing time for records checks
is 30 days but can take longer during busy periods.
The AFP should not be contacted.
Notification of results of police records check
Details of the results of the police records check are
provided directly to the applicant. Where the check
shows that the applicant has criminal history details,
results will also be sent to the department.
Spent Convictions Scheme
On 30 June 1990, new Commonwealth legislation relating to
the collection, use and disclosure of old convictions came into
effect. This new law is commonly known as the Spent
Conviction Scheme. Its aim is to prevent discrimination on the
basis of old convictions, once a waiting period has passed and
provided the individual has not re-offended. The Scheme also
covers convictions that have been set aside or pardoned.
The department has been granted exclusion from the spent
convictions legislation, in that all convictions, findings of guilt
and pending matters may be disclosed and may be released to
them for the purpose of assessing Migration Act applications.
The Attorney General, on the recommendations of the Privacy
Commissioner, has granted exclusions, both partial and full,
from the operation of the Scheme for several categories of
entitlements.
Any one who believes the standards dealing with disclosure and
use of old conviction information have been breached may
apply to the Privacy Commissioner for an investigation of the
matter at:
GPO Box 5218
SYDNEY NSW 2001
Provision of false or misleading information
You are asked to certify that the personal information you have
provided on this form is correct. If it is subsequently discovered,
for example as a result of a check of police records, that you
have provided false or misleading information, you may be
assessed as unsuitable to receive the entitlement you seek.
It should be noted that the AFP does not assess your application
but only provides the information to the department on your
behalf to assist in assessing your suitability to receive the
entitlement.
You should also note the existence of a record does not
automatically mean that you will be assessed as being unsuitable
to receive an entitlement. Each case will be assessed on its
merits, so it is in your interest to provide full and frank details
on the form.
Points to note when completing your application
For the Australian Federal Police to process a character check
the application must meet the following requirements:
• applications are to be filled out in black pen or typed;
• a photocopy of your drivers licence or other document which
carries a photograph must accompany the application;
• if you have changed your name, (by marriage, Deed Poll etc.)
all names must be included on the form;
• applicant’s signature must not be more than 3 months old;
• cheque or money order for AUD43.00 made payable to
Australian Federal Police must be included with all
applications and posted to:
Criminal Records
Australian Federal Police
Locked Bag No 1
WESTON ACT 2611
Note: Failure to fulfill the required criteria will result in the
form being returned for amendment.
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