Common use of National Criminal History Check Clause in Contracts

National Criminal History Check. 55.1 It is a requirement of employment that Employees covered by this Agreement obtain and retain a current National Criminal History Check, known as a Police Check. 55.2 Police Check (a) All new or prospective Employees are required to provide a current and satisfactory Police Check at their own expense. (b) All Employees, except as provided at clause 55.2(c) are required to renew their Police Check at their own expense. (c) With regards to a full-time Employee with over 2.5 years’ service with the Employer: (i) the Employer agrees to pay the cost of the renewal of an Employee’s Police Check who is required to renew a Police Check due to the upcoming expiry of a current check; or (ii) if agreed with the Employer prior to obtaining the renewed Police Check, reimburse an Employee the cost of a Police Check renewal. Reimbursement is condition upon submitting a receipt or evidence satisfactory to the Employer of the payment. (d) In accordance with obligations contained in the Aged Care Act 1997 (Cth), and as set out under clause 14 Suspension, where an Employee does not maintain a current and satisfactory Police Check, they will be stood down without pay until such time as the Police Check is provided to the Employer. (e) Where an Employee has an accrued annual leave entitlement they may request to take annual leave during the period of the period they are unable to be rostered subject to the approval of the Employer. (f) Failure to provide and maintain a current Police Check may result in disciplinary action, up to and including dismissal. 55.3 Police Check Status Change (a) If an Employee’s Police Check status changes, or may change (subject to the completion of legal proceedings) prior to the expiry of the existing Police Check, the Employee is required to advise the Employer of the circumstances and potential status change. (b) Where a Police Check is requested by the Employer, or submitted by an Employee, between Police Checks as a result of a status check change, or potential status check change, the Employee is liable for the cost of that Police Check. (c) Upon notification of a Police Check status change the Employer will decide whether the change, or potential change, impacts the Employee’s capability and right to work and discus the impact of that status change with the Employee. (d) The Employer is under no obligation to provide alternative employment to an Employee who can no longer perform their duties because they do not have a satisfactory Police Check.