TERMS AND CONDITIONS

Terms and Conditions of Use

This website is owned and operated by Clear to Work Pty Ltd ABN 56 114 229 499 of 21 Nundah Street, Nundah QLD 4012 and will be referred to as ‘we’, ‘our’ and ‘us’ in this Terms of Use policy.

By using this site (check.cleartowork.com.au), you agree you have read, understood, and accepted these Terms of Use and agree to be bound by them.

If you do not agree to these Terms of Use, please do not use our site.

To complete the online police check application form, you will need the following:

• A unique email address (not previously used by another applicant)
• All names you have been known by
• Five (5) years of residential address history for Nationally Coordinated Criminal History Check (NCCHC) and ten (10) for Australian Federal Police Checks
• Date and place of birth
• Contact details
• Meet the ID requirements which includes providing a ‘selfie’ with your photo ID
• Be over 18 years of age
• Be residing/located in Australia at the time of application

SINGLE NAMES – Please note, if you have a single name (i.e., your name is not in the common FIRST and LAST name format), we will be unable to process a police check for you as our system cannot accommodate single names. PLEASE DO NOT PURCHASE A POLICE CHECK IF YOU HAVE A SINGLE NAME.

A quick note for those considering a Volunteer Check:

Checks submitted for personal probity reasons where a person must provide a check to represent themselves as a fit and proper person are not generally considered a volunteer. Non-employment reasons that do not meet the Volunteer check type include:

• tenancy (rental) purposes
• social media participation reasons
• insurance related purposes or to support business that operate on private premises
• placing an Au Pair or overseas students in a family home
• participation in television productions
• family day care providers (operating on a commercial basis) who require checks for any residents on the premises where in-home care is being provided to children.

As part of the Terms and Conditions of use, you must also review the ID requirements for the ID required to complete your check.

Refund Policy

Please checked the exclusions page to ensure the police check we offer is valid for your purpose (we do not offer a refund if our check is not valid for your purpose). Before purchasing a Nationally Coordinated Criminal History Check (NCCHC) or Federal Police Check, Clear to Work (CTW) highly recommends consulting with the relevant industry body, organisation or employer to determine the type of check they will accept.

Applicants must ensure they are purchasing the correct police check. CTW does not offer a refund to persons who have purchased the wrong type of police check.

CTW is not required to provide a refund for persons who have changed their mind after partially or fully completing the application process. Refunds are also not provided for the following:

• The check is no longer needed
• Found it cheaper somewhere else
• Employer wants to pay for the check after the applicant already paid for it
• If you have a single name, meaning that if your name is not in the common First, Middle, and Last Name format and you choose to proceed with a check application
• If you are under the age of 18 and unable to complete the check application
• If you are currently overseas (not in Australia) and are unable to complete your application
• Employer/relevant industry body or organisation wants the applicant to use a specific provider
• Selection of the wrong check type and/or check reason
• Data entry errors made by the applicant when entering their details into the application form or the document verification service
• Not providing the necessary or correct ID as per the minimum ID requirements, including not providing a selfie photo – Click here to view the ID requirements
• Not being able to provide .jpg or .png images of identification documents
• Checks already submitted to National Police Checking Service (NPCS) or Australian Federal Police
• Submissions for checks Clear to Work are not authorised to process – Click here to read the list
• Duplicate submissions of police check applications
• Lack of detail provided by the applicant when providing details for the application for a criminal history check
• False/incorrect information provided in the application for a criminal history check
• Not thoroughly completing the online application process
• Applications that have not been completed by the applicant within 28 days of purchase
• Applicants who do not retrieve their check from our system within 90 days (checks and ID documentation expire and are destroyed after 90 days)

CTW cannot expedite the police check process and do not offer refunds if you do not receive your police check in time for an application you might be lodging. Ensure you allow yourself plenty of time.

This policy is subject to the terms and conditions of the Agreement entered into with Clear to Work Pty. Ltd. to provide its services.

Police check applicants are also held to the Behavioural Expectations Policy. If an applicant is found non-compliant to this policy, a refund may not be provided.

If you feel your reason for requiring a refund falls outside of those listed above, please email our friendly support team at info@cleartowork.com.au to be considered for a refund. Kindly include your first name, surname, date of birth, a reference number (if you have it) and a brief description of why you require a refund. Your claim will be assessed by our team and you will be advised the outcome via email in five business days. In some cases, your case may be escalated to the Clear to Work executive management team for consideration.

All refunds incur a $9.50 incl. GST administration fee.

Retrieving Your Check Results

Just a Friendly reminder, we have no control over the turnaround time of a police check. It can take anywhere between from 1 to 15 business days plus.

Once submitted to the National Police Checking Service (NPCS), unfortunately Clear to Work has NO control over how long a check takes to process, nor can we expedite the process.

Please be aware that Clear to Work are not informed of any delays that the NPCS and their police agencies may be experiencing.

Here is a little more information about police check delivery times: https://check.cleartowork.com.au/deliverytimes/

While 95% of checks are processed within 10 business days, there are a couple of reasons why some checks can take longer. These can include:

• Applicants having a common name or a name that matches with many potential ‘Persons of Interest’ on policing systems
• Applicants having old police information that requires manual collection and processing of hardcopy records
• The relevant police agency having inaccurate or incomplete records which need to be investigated properly before the check can be finalised
• Transferring information between the various State and Territory police agencies before the information can be vetted and/or released
• Workloads within each police agency

Please note, due to privacy and security, Clear to Work do not post or email out check results. You will receive a notification email once your check is completed, returned and is available for download on your account.

Please do not hesitate to reach out via email should you have any further questions

Nationally Coordinated Criminal History Check (NCCHC): Your check results will be available for download from your account for a period of three months. If you do not download a copy in that time, you will need to submit a new application.

AFP Checks: Your AFP check results will be available for download from your account for a period of three months. If you do not download a copy in that time, you will need to submit a new application.

Should you choose to purchase a hard copy of your AFP check results, please know that you can use your digital results while you await your hard copy in the mail.

Processing time for an AFP National Police Check issued by the Australian Federal Police is approximately 15 – 20+ business days.

Please be aware that the Australian Federal Police may need to seek information from other police jurisdictions, resulting in a longer processing time.

Please allow sufficient time for your check to be processed and return to Clear to Work by post before making enquiries regarding your application.

Please Note: Once submitted to the Australian Federal Police, Clear to Work has NO control over how long they take to process your police check.

Incomplete application

You must complete your police check application within 28 days of payment.

If, for whatever reason, you fail to complete the application within this time including, without limitation, where we have requested further information from you, and you fail to respond, we will cancel your application. You will forfeit any money paid to us for the application.

We are released from all claims and any obligations to provide the police check in connection with that application.

Delays

We cannot expedite the police check process.

It is reasonable to expect that the Clear to Work Police Checks platform may experience periods of downtime for both scheduled and unscheduled maintenance. If this downtime is 48 hours or less, no refunds will be provided however, an extension to your application may be provided on request. This will be at the discretion of Clear to Work.

We will use our best endeavours to provide information to you in a timely and expeditious manner. However, you agree to indemnify, release, discharge and hold harmless Clear to Work Pty Ltd, its directors, employees, officers, contractors and overseas agents from and against any and all losses, liabilities, damages, costs and expenses suffered or incurred by you in relation to any delays or failure to provide information on our site.

Jurisdiction

Your access to and use of our site is governed by and construed under the law in the State of Queensland. Each party irrevocably, generally and unconditionally submits to the non-exclusive jurisdiction of any court specified in this jurisdiction.

Intellectual property rights

You acknowledge and agree that all content and material available on our site is protected by copyrights, trademarks or other intellectual property rights and laws. No content or material on our site may be reproduced, adapted, linked to, distributed or used in any way without our prior written consent.

However, you may print or download one copy of the materials or content on our site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.

Links

We have not reviewed all or any of the sites linked to our site and are not responsible for the contents of any of those sites.

Passwords

Any and all passwords provided to you through our site are strictly private and confidential, and you must not disclose the password to any person.

Disclaimer

While we have endeavoured to ensure that the content and material on our site is free from error we do not warrant its accuracy, adequacy or completeness or that it is suitable for your intended use. Our site may not be continuously available.

Liability exclusion

Your use of our site is at your own risk. By using our site you agree at all times to indemnify, release, discharge and hold harmless Epolicecheck.com.au, its directors, employees, officers, contractors and overseas agents from and against any and all losses, liabilities, damages, costs and expenses suffered out of your use of this site.

Changes

We may change, suspend, limit, restrict or discontinue any aspect of our site at any time including the availability of and access to any feature, services, records or other material on our site without notice or liability.

Changes to Terms of Use

We reserve the right, at our discretion, to update or revise these Terms of Use.
Please check the Terms of Access periodically for changes.
Your continued use of our site following the posting of any changes to the Terms of Use indicates your acceptance of those changes.