Important Note: Australia Post’s International Police Check Service is not a Working With Children Check. For a Working with Children Check, please contact the appropriate Working With Children Check unit in your state / territory or your local police agency.
The International Police Check Service offered by the Australian Postal Corporation (Australia Post) enables You to apply for and purchase an International Criminal History Check (ICHC). These terms and conditions apply to the provision and use of the International Police Check Service.
Please read these terms and conditions carefully. If you do not agree to these terms and conditions, please do not submit an Application to use the International Police Check Service to apply for and purchase an ICHC.
In these terms and conditions, unless the context requires otherwise:
Agreement means the agreement between Australia Post and You that is formed when You submit an Application.
Applicant means a natural person who is applying to access the International Police Check Service to purchase an ICHC through Australia Post.
Application means Your application to access the International Police Check Service.
Australia Post IP means all intellectual property rights, title and interest subsisting in or created as part of, or in connection with, or evolving from the International Police Check Service, including intellectual property in:
(a) the International Police Check Service;
(b) any modifications, developments or improvements to the International Police Check Service, including as a result of feedback from You;
(c) any material and documents produced by any member of Australia Post; and
(d) any goodwill arising from Your receipt or use of the International Police Check Service.
Confidential Information means any information (including any Police Information) or data, whether or not in a material form, which is confidential to a party, including information which is created, acquired, collected or developed for the purpose of the International Police Check Service, but does not include information that is already in the public domain otherwise than as a result of a breach of these terms and conditions.
GST has the same meaning as defined in section 195 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
International Criminal History Check, or ICHC, means the performance of an International Criminal History Check (commonly called an international police check), to produce a certificate that shows Police Information (including any disclosable court outcomes and pending charges) relating to You in countries other than Australia.
ICHC Application means the application in Your name to access the International Police Check Service to purchase an ICHC.
International Police Check Service means the service provided by Australia Post which enables You to apply for and purchase an ICHC.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Police Information means any of the following information:
(a) information collected for the purposes of providing the International Police Check Service; and
(b) information released as part of the International Police Check Service including information contained in an ICHC.
You and Your means an Applicant for the International Police Check Service who enters into an Agreement with Australia Post for the provision of an ICHC.
2. Specific conditions
The following conditions apply to Your use of the International Police Check Service:
(a) The International Police Check Service is provided by Australia Post. Australia Post may subcontract all or part of the International Police Check Service. Australia Post relies on the information provided by international police and regulatory agencies to supply the ICHC to You.
(b) Australia Post is not responsible for, and cannot change, modify or adapt the Police Information provided in an ICHC.
(c) You must supply full and accurate information whenever requested to do so in the course of applying for an ICHC and using the International Police Check Service.
(d) Australia Post cannot expedite the ICHC process. Your Application may require manual processing by an international police or regulatory agency which may cause a significant delay in the time taken to receive your ICHC.
(e) You agree to keep any username, password or other identifiers provided to You as part of the International Police Check Service confidential and secure. You agree that any identifier(s) provided to You will not be disclosed to any third party.
(f) You acknowledge and understand that withholding, or providing misleading or false, details is a Commonwealth offence which may lead to prosecution in accordance with the Criminal Code Act 1995 (Cth).
3. Limitations on accuracy and use of an ICHC
An ICHC is provided subject to the following:
(a) An ICHC provides a point-in-time check about You and should not be relied upon for an unreasonable amount of time after the date of issue.
(b) The accuracy and quality of information provided in an ICHC depends on accurate identification of You which is based on information (including aliases) about You provided in Your Application and the comprehensiveness of records held by international police and regulatory agencies.
(c) You acknowledge and agree that Australia Post makes the International Police Check Service available on the following conditions:
(i) Australia Post makes no representation or warranty of any kind in respect of the accuracy or otherwise of an ICHC; and
(ii) Australia Post does not accept responsibility or liability for any omission or error in the information provided in an ICHC; and
(ii) You will be solely responsible for ascertaining whether an ICHC will meet your requirements and/or the requirements of the organisation that you intend to receive the ICHC.
(d) While every care has been taken by Australia Post and its third-party service providers (including international police and regulatory agencies) to conduct a search of police history information held by it that relate to You, an ICHC may not include all police history information about You. Reasons for certain information being excluded from the ICHC include the operation of laws that prevent disclosure of certain police history information, or that Your record is not identified by the search process across historical police information held by international police and regulatory agencies.
(e) You will be notified of the result of Your ICHC and You will be provided with a reasonable opportunity to respond to, or validate, the information in, and the result of, the ICHC.
(f) To the extent permitted by law, neither Australia Post nor any of its third-party service providers (including international police and regulatory agencies) accept responsibility or liability for any error or omission in the information contained in an ICHC.
(g) The information in an ICHC has been obtained according to the following process:
(i) the relevant international police or regulatory agency searches its data holdings for potential matches with Your name(s);
(ii) the relevant international police or regulatory agency identifies any police history information held in its records in relation to You and releases the information subject to relevant spent convictions legislation or information release policies; and
(iii) the relevant international police or regulatory agency provides the resulting information to You via Australia Post and its third-party service providers.
(h) Subject to paragraph 3(i), Australia Post may give any communication or document, including the results of the ICHC, to You in writing by:
(i) emailing the communication or document to the email address nominated by You in Your Application; or
(ii) making the communication or document available through any online portal or system Australia Post makes available to You for the purposes of this Agreement.
(i) Where Australia Post provides You with access to an online portal or system for the purposes of this Agreement, You must:
(i) ensure that You have and maintain the equipment (including any systems and programs) and expertise necessary to properly use the online portal or system;
(iii) not do, or fail to do, anything which would reasonably be expected to compromise the security or integrity of any such portal or system; and
(iv) use any such portal or system only for the purpose of receiving or accessing communications or documents (including the results of an ICHC) from Australia Post.
(j) Communications and documents in relation to Your Application made available to You via an electronic channel will be taken to have been provided by Australia Post:
(i) when sent (in the case of email); or
(ii) when made accessible to You (in the case of any other electronic channel, including an online portal or system).
(k) Results of the ICHC made available to You via an electronic channel will remain accessible to You via that electronic channel for a period of 12 months from the date it was made available by Australia Post.
(l) If You request a hard copy of the results of Your ICHC, You will receive the hard copy purchased by Registered Post to the address nominated by You.
4. Disputing information in an ICHC
If You wish to dispute the information in, or the result of, Your ICHC, You should contact Equifax fit2work during office hours (AEST) on 1300 525 525 or you can email email@example.com.
(a) You must pay Australia Post the relevant fee set-out in the Application for an ICHC.
(b) Fees for the International Police Check Service may be varied at any time at Australia Post's discretion.
(c) Fees are GST inclusive where GST is applicable.
(d) If an ICHC has been initiated, You will not be entitled to a refund for the reason that You provided inaccurate or insufficient information, changed your mind, or did not ascertain if the ICHC was suited to your requirements.
(a) Except to the extent expressly provided in clause 6(b), Australia Post will not be liable to You or any person for any loss (whether direct or indirect, consequential, special or incidental) or any damage whatsoever suffered, or that may be suffered as a result of any act or omission, whether negligent or otherwise, by or on behalf of Australia Post in relation to the provision of the International Police Check Service or any other matter or thing relating to this Agreement, except to the extent of fraud or wilful misconduct by Australia Post.
(b) Australia Post disclaims all conditions and warranties, express or implied, other than those contained in this Agreement, in respect of the provision of the International Police Check Service. If any condition or warranty is implied into this Agreement pursuant to any legislation (including without limitation the Competition and Consumer Act 2010 (Cth)) and the legislation avoids or prohibits provisions in a contract excluding or modifying the application, or exercise of, or liability under such condition or warranty, the condition or warranty will be deemed to be included in this Agreement, provided that, where it is fair and reasonable to do so, Australia Post's liability for breach of the condition or warranty shall, if the legislation so permits, be limited to:
(i) the re-supply of the International Police Check Service; or
(ii) the cost of re-supply of the International Police Check Service, in respect of which the breach occurred, and otherwise will be limited to the maximum extent permitted by law.
(c) You shall release and indemnify Australia Post in respect of any action, proceeding, claim, demand, prosecution, loss, claim or damage whatsoever (including legal expenses on a full indemnity basis) which Australia Post may suffer or incur in connection with Your error, omission, fraud, mis-statement of fact or intentionally wrongful act or omission. You are not obliged to indemnify Australia Post to the extent that the loss, claim or damage is incurred as a direct result of Australia Post’s fraud or wilful misconduct.
(d) Australia Post shall not be in default under the terms of this Agreement nor liable for failure to observe or perform in accordance with any provision of this Agreement for any reason or cause which could not with reasonable diligence be controlled or prevented by it, including without limitation, war, insurrection, riot, civil commotion, strikes, lock-outs, labour or industrial disputes, acts of God, acts of Governments or flood, storm, tempest, power shortages or power failure, system outages or interruptions, inability to obtain sufficient labour, raw materials, fuel or utilities. During the period of an incident or incidents of "Force Majeure" this Agreement shall be suspended.
(e) You agree to provide us with reasonable co-operation (at Your own expense) in the handling of disputes, complaints, investigations or litigation involving a third party, that arise out of Your use of the International Police Check Service. Your co-operation includes but is not limited to providing us in a timely manner with relevant documents or any other reasonable assistance that may be required in dealing with any such matter.
7. Cessation of Services and Termination
(a) Australia Post may cease to offer the International Police Check Service at any time.
(b) Australia Post may, in its sole and absolute discretion, refuse to provide the International Police Check Service and terminate this Agreement if:
(i) in Australia Post's opinion, any information or instruction You have submitted in Your Application is incorrect or incomplete; or
(ii) Australia Post suspects that Your request for supply of the International Police Check Service is, or could be, unlawful.
(c) Australia Post may terminate this Agreement by written notice to You if You breach it.
(d) An ICHC initiated and paid for before any cessation, suspension or termination will, in Australia Post’s discretion:
(i) be completed; or
(ii) a refund will be provided to You;
unless You are in breach of the Agreement.
8. Intellectual Property
(a) The parties acknowledge and agree that all Australia Post IP is owned by, or licensed to, Australia Post or one of its related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)). Nothing in these terms and conditions assigns or transfers any of the Australia Post IP to You. For the avoidance of doubt, You acknowledge and agree that You have no right, title or interest in or to the Australia Post IP except as expressly provided under these terms and conditions.
(b) You must not make any modifications, developments or improvements to, or derivative works of, any Australia Post IP without the prior written approval of Australia Post. Regardless of whether approval is granted, the parties agree that all intellectual property in any such modifications, developments, improvements or derivatives created by You will vest in Australia Post or its appointed nominee immediately upon creation, without the need for any further formality.
(c) All intellectual property rights in Police Information is owned by the relevant international police or regulatory agency. Nothing in these terms and conditions affects the ownership of the intellectual property rights in the Police Information (including any copy thereof) provided to You.
(d) You have a royalty-free, non-exclusive licence to use and communicate Police Information in accordance with these terms and conditions.
Each party acknowledges and agrees that:
(a) all Confidential Information, whether supplied in oral or written form, given to or received by either party in connection with the International Police Check Service is highly confidential and has been disclosed in strict confidence;
(b) it is under a duty of confidence to keep such Confidential Information secret and not to divulge or disclose any matter or thing in regard to the Confidential Information to any third person other than for the purpose contemplated by these terms and conditions and neither of them shall make use of the Confidential Information for any person’s benefit; and
(c) in addition to any other legal remedy that may be available, either party is entitled to apply for injunctive relief to prevent a breach of these terms and conditions and to compel specific performance of them.
(a) Australia Post and its third-party service providers collect your Personal Information in order to process Your Application and to facilitate operational support. Without your Personal Information, Australia Post and its third-party service providers would be unable to process Your Application and provide the International Police Check Service to You.
(b) Your Personal Information will be disclosed to overseas recipients to facilitate the provision of the ICHC. Your identity documents may also be verified with document issuers or official record holders to confirm their validity.
(c) Information about how Australia Post handles Your Personal Information is available at https://auspost.com.au/privacy.
11. Governing Law
This Agreement is governed by, and shall be construed in accordance with the laws in force in the State of Victoria, Australia, and the courts and registries of courts in that State shall have jurisdiction in the event of a dispute.
12. Customer Service
If You require customer service information or assistance, You should contact Equifax fit2work during office hours (AEST) on 1300 525 525 or you can email firstname.lastname@example.org