Did you hear? The Ministry of Justice (MoJ) has brought the notoriously paper-heavy and slow criminal record checks process into the modern world; you can now conduct criminal checks for employees and new hires online.
Below we share an update from LangtonHudsonButcher (LHB), our law partners in New Zealand who ensure every legal template, document and checklist in HRA Cloud is lawful and compliant. If criminal record checks are part of your hiring process, read on to find out what’s new!
What’s new with the online criminal record check process?
1. Individuals can now request their own criminal record by:
a) filling out an updated paper form on the Ministry of Justice website; or
b) completing the online application at the criminal records website.
2. Third parties (which includes prospective employers and recruitment agencies):
a) will, from 3 May 2021, only be able to apply for a criminal record check online;
b) must, before they apply online, register as a “third party” with the Ministry of Justice; and
c) should consider updating their employee application forms and offer letters to prospective employees.
3. Employers can register as a third party by completing a “Contract for Online Delivery of Criminal Conviction Histories” and other documents on the Ministry of Justice .
These documents must then be emailed to CCHonline@justice.govt.nz .
Once registered, a third party can apply for an individual’s criminal record at the criminal records website, provided that the third party has obtained:
a) the individual’s authorisation to the criminal record check; and
b) a copy of a valid form of identification for the individual (e.g. passport or driver’s licence).
Three important takeaways for employers:
- If possible, make an offer of employment conditional on the prospective employee providing a criminal record check before they start work. This may require employee applications forms and offer letters to be updated;
- Alternatively, use a recruitment agency as the “third party” to undertake criminal record checks on the employer’s behalf; or
- If employers need to apply for criminal record checks themselves, then register as a “third party” as soon as possible, and before needing the criminal record check.
The team at HR Assured is currently updating the criminal record check steps in HRA Cloud’s pre-employment checklist to reflect the latest changes for HR Assured clients. We anticipate that this upgrade will be live shortly!
If you have any questions about the content in this blog, contact the friendly team at HR Assured today!
LHB is a specialist employment law and litigation firm based in Auckland, New Zealand. If you need any advice on the information provided in this blog let us know and we’ll put you in touch with the LHB team.