Fitness and Propriety
The concept of fitness and propriety is well known and defined at law. It embraces both mental and physical capacity as well as knowledge, skills and integrity.
Criminal History Record Checks
Pursuant to Section 22(2)(a) of the Act an applicant for registration must consent to the conduct of a criminal history record check undertaken by the Teachers Registration Board. A criminal history record check is one criterion used by the Board to assess fitness and propriety.
The Board has been granted accredited third party status with CrimTrac, established by the Australasian Police Ministers Council as a major national law enforcement support initiative. CrimTrac provides a National Criminal History Record Checking (NCHRC) service to accredited third party agencies primarily for the purpose of ensuring persons in positions of trust are adequately screened for criminal records.
All matters arising from a criminal history record check are considered on an individual basis and are assessed taking into account all relevant circumstances. From experience, the majority of records are either returned as clear or are cleared by nominated personnel. If further information or clarification is required a teacher will be contacted and either requested to provide a written statement or explanation, or invited to attend an interview to discuss the matter. Procedural fairness and the principles of natural justice are adhered to at all times. All offences are assessed using the following general guidelines:
- Child protection implications, age and vulnerability
- Relevance in a school teaching environment
- The gravity and nature of convictions
- Circumstances surrounding the offence(s), whether alcohol, drugs or a weapon was involved
- The harm to any victim including injury or loss
- Adverse impact on the teaching profession
- Total criminal history
- Severity of sentence imposed
- Length of time since offence, any rehabilitation
- Age at time of offence(s) e.g. adult or juvenile
- Evidence of the applicant’s good character since offence committed
- Whether offence has been decriminalised
- Whether found guilty ‘without conviction’
- Whether penalty restricted only to a fine
- Personal circumstances at the time of offending
The timeframe to complete a National Criminal History Record Check is up to 20 working days.Contact the staff of the Investigation Unit by phone on +61 8 8226 5984 for further information.
Proof of Identity for New Applicants
Applicants must provide certified copies of documentary evidence to prove their identity sufficient to satisfy a ‘100 Point Identification Check’ (201) as required by the Board’s arrangement with CrimTrac. This must include one primary document (70 points) such as a Birth Certificate, Citizenship Certificate, or International Travel Document (e.g. passport) and one secondary document (40 points) such as an Australian driver's licence, identification card as a public employee, Centrelink card or tertiary student identification card. Refer to Information Sheet - Proof of Identity Documents (pdf - 50kb) for a full list of acceptable documents.
Documentation provided in 100 Point Identification Checks will be treated in a confidential manner. Refer to Information Sheet - Confidentiality Policies and Procedures (pdf - 54 kb) for further information.
Overseas Criminal History Record Checks for New Applicants
Applicants who have resided in any other country other than Australia for more than 12 continuous months during the past 10 years when over 18 years of age, will need to provide
- original or certified copies of national criminal record checks from those countries issued in the last 12 months. These checks must reflect all names by which you were known whilst residing overseas.
Where an applicant disputes the accuracy of the information provided from police records, either in part or in full, the applicant will be provided with the CrimTrac NCHRC Dispute Form for completion of the details as requested. All relevant information will then be provided to Client Services CrimTrac in the first instance for follow up. Please note that even after this information has been provided, it may still be necessary to obtain fingerprints for comparative purposes (where appropriate).
Teachers who require further information about procedures or other matters related to criminal history record checks should contact the staff of the Investigation Unit on +61 8 8226 5984.