The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms:
- “Elite Screening Australia”, “Elite Screening” and “ESA” (referred to also as “the Company”, “We”, “Us” or “Our” in these terms) refers to “Elite Screening Australia Pty Ltd, PO Box 921 Toowoomba QLD 4350.
- “the Website” refers to our website located at https://www.elitescreeningaustralia.com.au
- “You” means the individual accessing the Website, or the company, or other legal entity on behalf of which such individual is accessing or using our Services, as applicable.
The information contained on the Website is for general information purposes only. ESA assumes no responsibility for errors or omissions in the contents of the Website. In no event shall the ESA be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Website or the contents of the Website. ESA reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. ESA does not warrant that the Website is free of viruses or other harmful components.
Thank you for choosing Elite Screening Australia Pty Ltd to provide you with checking, validation, verification and screening services (Screening Services) of your personal information, and our software packages as a service platform (Software) to facilitate the access, sharing and distribution of your validated, enriched, or otherwise procured information by yourself, or with other parties through the sharing platform and services (Sharing Services).
The Screening, Sharing and Website (Services) are provided by Elite Screening Australia Pty Ltd (ABN 73 647 362 203), at its registered company address in Australia.
- Phone on +61 7 3088 9694
- email: firstname.lastname@example.org;
Your Request for Screening Services
Elite Screening Australia (ESA) will not provide the Screening Services to you unless you have provided to ESA (through the Website):
- Necessary proof of your identity (as stipulated by ESA on the Website, and which may include identification documents and biometrics);
- A request for Screening Services; and
- Any further information ESA may need to provide the requested Screening Services.
If ESA requires further information from you to provide the Screening Services you requested, ESA will ask you for it. If ESA has not received that further information within 30 days of ESA asking for it, your request will be taken to have been suspended.
Right to Refuse Screening Services
By requesting the Screening Services, you are appointing ESA as your agent for the purposes of providing to, and obtaining from, any third party any information that is necessary in order to perform the Screening Services.
Provision of Screening Services
If ESA does not refuse your request, ESA will: (a) perform the Screening Services you requested (but if you have requested Screening Services that require checks outside Australia, ESA will provide those to the extent that it is reasonable and practicable to do so); and (b) prepare a Check Result Report for you, which will set out the results of the Screening Services requested.
With the exception of the Nationally Coordinated Criminal History Check (NCCHC) service provided by ESA which is facilitated exclusively under supply from the Australian Criminal Intelligence Commission (ACIC), other Screening Services are conducted by making requests to other third parties (individuals or organisations) who supply information to ESA. If those third-party suppliers do not release requested information within a period of 30 days of ESA’s request for information, your request will be treated as having been suspended.
ESA may change, suspend, limit, restrict or discontinue any aspect of the Screening Services at any time without notice or liability including the availability of and access to any part of any feature on the Website.
National Disability Insurance Scheme (NDIS) Checks
NDIS Worker Screening Checks and Nationally Coordinated Criminal History Check are very similar however an NDIS worker screening check takes into account more information about an individual than just their criminal record. A Nationally Coordinated Criminal History Check is a point in time check; it contains a list of all Disclosable Court Outcomes (DCOs) of an individual in Australia. Also, all records are released in accordance with the Spent Convictions Scheme. An NDIS check takes into account more risk factors than a Nationally Coordinated Criminal History Check. The factors considered in an NDIS Check consider criminal history, workplace misconduct, AVO’s, information about past employment, juvenile offences and any other relevant information that may determine whether a worker poses a risk to a person with disability. ESA is not able to meet the screening requirements for NDIS checks. If you are applying for an NDIS-related role, you will need to find an NDIS check provider.
Each time you make a request for Screening Services, you must pay Elite Screening Australia (ESA) by credit card or other method approved by ESA in accordance with the fees set out on the Website. With the exception of the Nationally Coordinated Criminal History Check (exclusively provided and supplied by the ACIC), if a particular third-party supplier seeks to charge an unusual fee for your requested Screening Service, ESA will notify you of the fee and ask whether you wish to pay the fee or cancel your request. Under the Australian Consumer Law, you are entitled to the right to ask for a replacement or refund in certain circumstances set out in the applicable legislation. In addition, ESA will provide a refund to you if ESA refuses to accept or execute your request or if the particular package of Screening Services that you requested is no longer available. Also, if you cancel a request before ESA begins to perform the Screening Services, ESA may, if it chooses, provide you with a part refund after deducting a reasonable charge for the administrative cost of processing your initial application.
Payment of Services & Refund Policy
Goods and Services Tax (GST)
If any payment made by you to ESA under or relating to the Screening Services constitutes consideration for a taxable supply for the purposes of GST or any similar tax, the amount to be paid for the supply will be increased so that the net amount retained by ESA after payment of that GST is the same as if ESA was not liable to pay GST in respect of that supply. This provision is subject to any other agreement regarding the payment of GST on specific supplies.
Identity Verification Services
In order to verify your identity electronically in connection with the provision of the Nationally Coordinated Criminal History Check, we may pass on information you provide (such as names, addresses and copies of identification documents) to Commonwealth and State government departments via the Australian Government Document Verification Service (DVS).
DVS will send information, using a secure line, to the issuers of the identification documents where an automated check of that data will verify whether the information provided matches the information held by the issuer. The issuer sends an automatic response via DVS to confirm or deny whether the details match the database records it holds.
The information you are providing is correct, accurate and up to date;
that the information you are providing is your personal information and you have authority to provide it to us; and
we may use and disclose your personal information for the purposes of electronic verification as described above.
To ensure compliance with the Document Verification Service requirements, we will explicitly ask you prior for consent in conducting such verifications on the DVS, which will be in addition to any informed consent required for the Nationally Coordinated Criminal History Check service.
Sharing Information with Registered Organisations and Third Parties In using Elite Screening Australia (ESA) and the Sharing Services, you may choose (but are under no obligation) to share your personal information (e.g. results of a Nationally Coordinated Criminal History Check) (User Information) with; an organisation that may be registered with ESA (Registered Organisation); or another unregistered and unrelated Third Party. With the consent of ESA’s users, ESA gives access to organisations that are registered with ESA to the ESA Nimbus portal. You are solely responsible for controlling whether your User Information will be shared with an organisation.
If an organisation has registered with ESA, its administrative users will still need to obtain your consent before we will share your User Information with them.
Once ESA has confirmed that your consent has been obtained to share your User Information with that organisation, your User Information will then be shared electronically to that organisation. This also applies to any Third parties that you nominate and consent to on our checking forms.
By consenting to share User Information with an organisation, you agree that:
- any User Information sent electronically is sent at your own risk and you are aware of the consequences of this method of sharing information;
- the User Information is personal to you and you have authority to share it with an organisation;
- it is your responsibility to ensure that any means of access to your information held with an organisation is kept securely, remains confidential and is not misused;
- ESA may check and verify your User Information before it is shared with an organisation;
- you grant the organisation to which you are sending your User Information permission to view, access, validate, store and otherwise handle your User Information for the primary purpose for which you have specified (e.g. applying for employment);
- your User Information may be maintained in the organisation’s records; and
- you may not be able to retrieve or amend your User Information once it has been sent to an organisation.
Sharing Information via Email/Post
After ESA has prepared the results of your check request (Check Result Report), ESA will:
- Send you the Check Result Report securely via your chosen method of either email or via post.
- Email, post or make available on the ESA portal, the Check Result Report to any third parties that you have nominated and consented to; and
- Save the Check Result Report in a secure location on our server for a period of twelve months, as per legislation, and in the event that you should need ESA to resend it.
You control access to your results
After ESA has sent, by registered post or secure outgoing email, the Check Result Report, you are solely responsible for controlling access to the Check Result Report and each one thereafter that you request.
ESA will not be liable for any access provided or permitted by you to anyone (whether you did so intentionally or by accident) or for access through any unauthorised use of your mail or email. You may change how or where ESA sends Check Result Reports or any other correspondence by contacting ESA any time prior to ESA sending the Check Result Report to you.
Sharing your information outside of Australia
ESA will not share any of your information outside of Australia.
When your information or data is shared or transmitted overseas, it falls outside of Australia’s jurisdiction with regards to privacy laws. ESA will always use suppliers, services and other technology that is physically located in Australia and make every effort to ensure that our suppliers, partners and associates also comply with this.
By using ESA and Services, you agree to ESA:
- checking and verifying that the information you have provided to ESA is correct;
- providing your User Information to the parties or organisations that you give access to or share information with, or external parties that are required to fulfil the Services; and
- retaining and storing your User Information (unless you revoke consent by writing to ESA, or instruct ESA to deactivate your account with us).
With the exception of the Nationally Coordinated Criminal History Check (NCCHC) service provided by ESA which is facilitated exclusively under supply from the Australian Criminal Intelligence Commission (ACIC), in order to provide other Screening Services to you, your personal information may be exchanged between businesses within ESA or ESA may disclose your personal information to its contractors (this explicitly excludes the NCCHC). In order to provide the Screening Services to you, it will be necessary to disclose your personal information to a third party capable of verifying your information. It is a condition of ordering these Screening Services (with the exception of the NCCHC) that you consent to these disclosures.
ESA will take all reasonable steps to protect your personal information from misuse and loss and from unauthorised access, modification or disclosure. ESA will protect the security of personal information and maintaining physical, computer and communications security by preventing unauthorised access to its premises, its computer network and its communications. Other than you, people you nominate and third parties who will be asked to verify your information, only authorised staff and contractors of ESA will have access to your personal information.
Please note that ESA may not be able to retrieve your User Information if it has been passed to a third party (with your consent) and such information is maintained in that third parties’ records.
Unless you choose not to let ESA do so, ESA may use your details to tell you about special offers and new products and services.
Risk of Loss & Limitation of Liability
While all reasonable care is taken, ESA does not warrant nor accept responsibility for the accuracy of the information provided to it by third parties. You agree to indemnify, release, discharge and hold harmless ESA, its directors, employees, officers, contractors and suppliers from and against any and all losses, liabilities, damages, costs and expenses suffered or incurred including but not limited to in relation to causes of action you may have in defamation, breach of privacy, negligence and breach of contract against ESA, its directors, employees, officers, contractors and suppliers. ESA will not be liable or responsible for the use of any information accessed from an ESA Report by you or anybody else.
In consideration of the ACIC in the instance of the NCCHC service, or for other Screening Services, any other third party supplier releasing details of any of your personal information, you hereby indemnify the Commonwealth Government or that other third party supplier (as the case may be), together with their servants and agents including all members of ACIC, against all actions, suits, proceedings, causes of action, costs, claims and demands whatsoever which may be brought or made against it or them by any body or person by reason of or arising out of the release of any details of any conviction or other information recorded against your name or purporting to either relate to or concern you.
Your Acknowledgements In using the Services, you agree:
- that it is your responsibility for the security of the network from which the Services or Website or Software is accessed;
- that it is your responsibility to ensure the secured use of the Elite Screening Australia (ESA) Software and Website, and to be informed as to who is authorised to view or receive information from ESA Software and Website;
- you are liable and responsible for the management of your information such that it is compliant with all relevant legislation in the jurisdiction in which you operate.
Additionally, you agree to ESA:
- searching, locating and sourcing the information relating to you from other sources in its absolute discretion;
- checking and verifying that the information you have provided to ESA and your information located from other sources is correct;
- providing your Check Result Report containing your information to those people you give access to (unless such access is revoked by you by contacting ESA);
- holding your personal information including but not limited to details of your qualifications, professional and other memberships, employment, rental and other references, and any other Services provided now or in the future that you request from ESA;
- letting ESA’s contractors and suppliers (with the exception of the Nationally Coordinated Criminal History Check) access your information when required by ESA for the purposes of providing, reviewing, auditing, analysing or improving the Services; and
- retaining and storing your Check Result Report containing your information (unless you revoke consent by writing to ESA). Please note that in order to comply with legal requirements, certain records will be deleted after prescribed time periods.
Australian Nationally Coordinated Criminal History Check
The Australian Nationally Coordinated Criminal History Check (previously known as the National Criminal History Check) (NCCHC), commonly known as a police check or criminal history check, is a service provided by Elite Screening Australia (ESA), which provides the ability to request for yourself, and share the results of such service with other parties.
If you request a NCCHC, you:
- acknowledge that you have read the General Information Guide (See Appendix) provided by ACIC (the Australian Criminal Intelligence Commission) and understand that information will be disclosed in accordance with applicable legislation and information release policies (including spent convictions legislation (however described) in the Commonwealth, States and Territories);
- acknowledge that any information provided by you relates specifically to the purpose (role and type of organisation you require the check for) identified in the Check Type, Check Purpose and Check Role/Organisation section of the ESA Nationally Coordinated Criminal History Check online application form;
- acknowledge that the purpose for which you are seeking a Nationally Coordinated Criminal History Check may be in a category for which exclusions from spent convictions legislation apply;
- confirm that you will fully answer all questions asked by ESA and the personal information you provide relates to you, contains your full name and all names previously used by you, and is correct;
- acknowledge that the provision of false or misleading information is a serious offence;
- acknowledge that ESA is collecting information to provide to ACIC and police agencies;
- ACIC and police agencies using and disclosing your personal information to conduct a Nationally Coordinated Criminal History Check;
- Police agencies disclosing to ACIC, from their records, police history information that can be disclosed in accordance in accordance with the laws of the Commonwealth, States and Territories and in accordance with the relevant jurisdiction’s information release policies; and • ACIC providing the information disclosed by the Australian police agencies to ESA;
- acknowledge that any information sent electronically in relation to the check including any identity documents, is sent at your own risk and you are aware of the consequences of this method of lodgement;
- acknowledge that it is usual practice for an applicant’s personal information to be disclosed to Australian police agencies for them to use for their respective law enforcement purposes, including the investigation of any outstanding criminal offences; and
- acknowledge that personal information that you provide will be disclosed to ESA (including contractors or related bodies corporate) located exclusively within Australia.
The NCCHC is a point in time check and should not be relied upon for an unreasonable amount of time.
To the extent permitted by law, all information provided in this report is made available for use on the following conditions:
- ESA makes no representation or warranty of any kind without limitation in respect to accuracy;
- The information in a police check report should form only one part of any process for determining a person’s suitability for any entitlement, profession, undertaking, appointment or employment.
- To the extent permitted by law, ESA accepts no responsibility or liability for any error or omission in the information.
No part of this website may be copied or imitated in whole or in part. No logo, graphic, sound or image from this website may be copied or re- transmitted unless expressly permitted in writing by ESA. The information contained within this site is also subject to the same copyright conditions and cannot be copied, imitated or used in whole or in part without the permission of ESA.
The text ‘ESA’, ‘Elite Screening Australia’, ‘elitescreeningaustralia.com.au’, are all trademarks of Elite Screening Australia Pty Ltd (ABN 73 647 362 203) (elitescreeningaustralia.com.au).
If any particular term or condition is unenforceable for any reason, that will not affect any other.
Australian Criminal Intelligence Commission General Information ACIC is collecting your personal information via the Elite Screening Australia Nationally Coordinated Criminal History Check online application form in order to conduct a Nationally Coordinated Criminal History Check (NCCHC) on you. It does this through a contractual arrangement with the Accredited Organisation – Elite Screening Australia Pty Ltd (elitescreeningaustralia.com.au ) (ABN 73 647 362 203).
ACIC has contractual arrangements with its Accredited Organisations to collect personal information on its behalf to support processes assessing the suitability of people applying for employment, Australian citizenship, appointment to positions of trust or for various licensing or registration schemes. Accredited Organisations and their customers (such as employers) use the personal information collected on the ESA Nationally Coordinated Criminal History Check online application form and the resulting NCCHC as part of their assessment process to determine your application. Some Accredited Organisations have a legislative basis for the collection, use and disclosure of your personal information.
ACIC recommends that you seek further information about any relevant/applicable legislative framework from the Accredited Organisation.
In some circumstances Accredited Organisations may have arrangements with overseas entities for administrative or other purposes. ACIC recommends that you seek further information from Elite Screening Australia Pty Ltd ( elitescreeningaustralia.com.au ) (ABN 73 647 362 203), in circumstances where your information is likely to be disclosed to overseas recipients.
Unless statutory obligations require otherwise, the information provided on the ESA National Police History Check online application form will not be used without your prior consent for any purpose other than in relation to the assessment of your suitability; or to maintain the records of ACIC and police agencies; or for law enforcement purposes. You will be required to submit another complete ESA National Police History Check online application form (including informed consent) for any future NCCHCs.
NATIONAL POLICE HISTORY CHECK (NPHC)
Information on the Elite Screening Australia National Police History Check online application form will be used by ACIC and police agencies for checking action; it will also be used to update records held about you by ACIC and police agencies.
ACIC and police agencies will access their records to obtain and disclose Police History Information (PHI) that relates to you to the Accredited Organisation – Elite Screening Australia Pty Ltd (elitescreeningaustralia.com.au) (ABN 73 647 362 203).
PHI may include outstanding charges, warrant information and criminal convictions, findings or pleas of guilt recorded against you.
PHI is disclosed according to applicable laws of the relevant jurisdiction and, in accordance with the relevant jurisdiction’s information release policies. Applicable laws include but are not limited to spent convictions legislation.
The following links may be helpful in sourcing information on spent convictions in your State/Territory:
LIMITATIONS ON ACCURACY AND USE OF PHI
While every care has been taken by ACIC and police agencies to conduct a search of PHI that relates to the Applicant, the accuracy and quality of an NCCHC issued by ACIC depends on accurate identification of the Applicant (including aliases), the comprehensiveness of police records and is based on the information provided via the Elite Screening Australia (ESA) National Police History Check online application form. If the Applicant does not complete the information requirements on the ESA Nationally Coordinated Criminal History Check online application form, the success and validity of the NCCHC will be compromised. It is in your interest to provide full and complete details on the ESA Nationally Coordinated Criminal History Check online application form. If for any reason you do not agree with the results of your NCCHC, please notify Elite Screening Australia Pty Ltd (elitescreeningaustralia.com.au) (ABN 73 647 362 203) so that the NPCS dispute process can be initiated.
ACIC CONTACT DETAILS
For more information regarding the NCCHC process or the handling of Personal Information and Police History Information, you can contact Elite Screening Australia on: Phone: (03) 30889694 – or email: email@example.com
PROVISION OF INCOMPLETE, FALSE OR MISLEADING INFORMATION
An Accredited Organisation and an Applicant must take reasonable steps to ensure that the personal information collected or disclosed is accurate, complete and up to date. You are asked to certify that the personal information you have provided on the ESA Nationally Coordinated Criminal History Check online application form is correct. It is a serious offence to provide false or misleading information on the ESA Nationally Coordinated Criminal History Check online application form.