Hiring decisions carry weight. Get a background check wrong, and you risk a bad hire, a workplace safety issue, or a workplace incident or liability that could potentially have been avoided with better information. Get it right, and you can help protect your staff, customers, and business reputation.
Australian employers request police checks, known in Australia as ‘Nationally Coordinated Criminal History Checks’ or ‘NCCHCs,’ to help make informed hiring decisions, but the results themselves can be confusing. Two candidates might apply for the same role and receive quite different outcomes, not because of how they answered interview questions, but because of what police records show and how the law treats that information. Understanding the difference between a Disclosable Court Outcome (DCO) and a No Disclosable Court Outcome (NDCO) is where that clarity starts.
This guide builds on our previous guide about trust and background checks in Australia by looking specifically at what happens when a check comes back with disclosable information, why that happens, and what employers may wish to consider.
This article provides general information about how NCCHCs work in Australia. It is not legal advice. Employers should seek independent legal guidance specific to their circumstances and jurisdiction.
What is a Disclosable Court Outcome (DCO)?
NCCHC searches police records held across every Australian state and territory. The result tells an employer one of two things: either there’s nothing to disclose, or there’s police information that can legally be released for the specific purpose stated on the application.
When there’s nothing to disclose, the result is a No Disclosable Court Outcome (NDCO). This means either no police information is held against the candidate, or none of the information held can be released.
When police information is released, the result is a Disclosable Court Outcome (DCO). A DCO can range from a minor traffic offence to serious convictions and everything in between. The presence of a DCO doesn’t tell an employer how serious the matter is on its own; that requires a closer look at the information on the result itself.
An NDCO may not guarantee a candidate has no history at all, and a DCO doesn’t automatically mean someone is unsuitable for a role. Information disclosed depends on the purpose of the check and the legislation that may apply in the relevant state or territory.
How are police check disclosures determined?
Employers sometimes assume National Crime Check, or any Accredited Body, decides what shows up on a police check, but this is not the case. Police agencies in each state and territory are solely responsible for deciding what information may be disclosed, based on applicable state legislation regarding spent convictions and police information release policies.
Here’s the process in broad strokes. When an application is submitted, the candidate’s details are checked against national police records using a government name-matching algorithm. If there’s no match, the check is returned quickly as an NDCO. If a potential match is identified, the application is referred for a manual review to one or more police agencies, which will extend processing time. Once all searches are completed, the result is released. A delayed check is not an indicator of criminal history.
Why accurate purpose descriptions matter
The purpose entered on a police check application isn’t a mere formality. It can directly affect what police may disclose.
For example, a person working as a ‘pyrotechnician’ would need to list the purpose of their check as ‘Pyrotechnician Licence’ for correct disclosures to be made, since the role requires obtaining a licence for employment purposes. If the purpose is simply listed as ‘employment as a pyrotechnician,’ possible spent convictions may not be disclosed, as police won’t know disclosure is required for the license.
Vague or generic purpose descriptions also cause issues. Phrases like ‘looking for work’ are not accepted. Describing the purpose as ‘working with vulnerable people’ without naming the specific role gives police little to work with, potentially resulting in disclosures that don’t align with what the role actually requires. Using acronyms instead of full job titles cause similar issues, as whoever is reviewing the application may not recognise internal shorthand.
A few things to keep in mind when submitting a check:
- Use the full, specific job title or licensing requirement rather than an abbreviated version.
- Confirm only one purpose is listed on a single check application.
- The purpose should reflect the inherent requirements of the role, not a general description of the industry.
Getting this right isn’t about ticking a compliance box. By listing the purpose of the check correctly, employers are more likely to get results that are relevant to the decision they’re trying to make.
Understanding the difference between NDCO and DCO
It helps to spell out what these outcomes cover, since the terms get used often but not always clearly.
An NDCO (No Disclosable Court Outcomes) means one of two things: no police information is held against the candidate at all, or information exists but none of it can be released for the stated purpose and coinciding current spent conviction legislation. Either way, an employer receiving an NDCO has no disclosed matters to consider.
A DCO (Disclosable Court Outcome) means police information can be released. This covers a broad range of possible history, including:
- Charges
- Court convictions, including penalties and sentences
- Findings of guilt with no recorded conviction
- Court appearances
- Good behaviour bonds or other court orders
- Matters currently awaiting a court hearing
- Warrants and warnings
- Traffic offences
A DCO result listing a decade-old traffic matter and a DCO listing a recent serious conviction are both “DCOs,” but they may call for very different responses from an employer. Instead of treating all DCO outcomes the same way, employers can weigh the nature of the information disclosed, how long ago the incidents occurred, and whether they are relevant to the role. Employers should work with their legal advisors for specific advice regarding each case that takes into account their circumstances and legal obligations.
How employers might assess a Disclosable Court Outcome (DCO)
Receiving a DCO is the start of an assessment, not its end. Employers generally have their own internal policy for handling DCOs. A case-by-case review may be preferable to an automatic outcome.
The following factors may be worth weighing when a search returns a DCO result:
- Relevance to the position. Does the offence connect to the actual duties of the role?
- Seriousness of the offence. Minor and serious matters do not carry the same weight.
- Age and recency. An offence from many years ago may carry less relevance than a recent one, depending on the circumstances.
- Recidivism. A single isolated incident reads differently than a repeated pattern.
- Workplace environment. Consider the nature of the organisation and the setting the person will work in.
- Contact with children or vulnerable people. Roles involving vulnerable groups may warrant closer scrutiny of certain offences.
- Access to financial assets or sensitive information. Offences involving fraud or theft may be more relevant where an employee will handle money, data, or valuable assets.
Employers may seek to avoid blanket policies that exclude any candidate with a DCO, since this fails to account for minor and historic offences and could lead to possible discrimination claims.
None of this is legal advice. Employers working through a complex case should seek guidance specific to their circumstances and jurisdiction.
How National Crime Check supports employers
National Crime Check is an ACIC-accredited provider. Our role involves processing check applications and all other related procedures and communications, rather than result disclosures. We configure each NCCHC to capture an accurate purpose, help clients understand why specific, plain-language purpose descriptions matter, and help organisations understand the process.
DCO results are sent directly to the candidate first. This gives the candidate the opportunity to review and lodge a dispute through us, as the Accredited Body, if they believe the result is incorrect or the disclosure doesn’t seem appropriate. While a dispute is active, we can’t share the result with the employer. Once we receive the dispute outcome, we can then provide the result to the client, in accordance with ACIC requirements.
Every result is handled under strict Australian privacy requirements and is only disclosed to the approved customer organisation or applicant, except where required by law or ACIC audit obligations. Employers using National Crime Check receive support at each stage of the process, from setting an accurate purpose at the start to understanding the regulatory requirements that apply to disclosure and receiving the result.
Key takeaways
- A DCO means police information can be released for a check’s stated purpose; an NDCO means nothing can be released, or no information is held.
- Police agencies in each state and territory, not National Crime Check or the employer, decide what’s disclosed based on applicable state/territory spent convictions legislation and information release policies.
- The purpose entered on a check directly affects what may be disclosed, which means that accurate, specific, and single-purpose descriptions matter.
- A DCO result calls for a case-by-case assessment weighing relevance, seriousness, recency, and role context, not an automatic exclusion.
- National Crime Check supports employers with regulatory accredited checks that are processed via the National Police Checking Service (NPCS) and administered by the Australian Criminal Intelligence Commission, as well as accurate purpose guidance, regulatory dispute handling, and secure result management.
Get in touch to discuss employment screening options suited to your industry and hiring needs.
Frequently Asked Questions
What is a Disclosable Court Outcome (DCO)?
A DCO is a police check result showing that police information can be released for the stated purpose of the check. This can range from minor matters, like an old traffic offence, through to serious convictions, depending on the candidate’s history and applicable spent conviction legislation.
What is a No Disclosable Court Outcome (NDCO)?
An NDCO means either no police information is held against the candidate, or none of the information held can legally be released for the check’s purpose once relevant spent convictions legislation is applied.
Who decides what appears on a police check?
State and territory police agencies decide and administer what’s released onto a result, based on applicable state spent conviction legislation and police information release policies. National Crime Check and other Accredited Bodies process the application but don’t determine disclosure outcomes. All communication in relation to a result must be directed to the Accredited Body.
Why is the purpose description important?
Different purposes may affect what can be legally disclosed. A vague or generic purpose may lead to results that don’t reflect what the role actually requires. Specific, accurate wording matters.
Can employers reject candidates because of a DCO?
Blanket rejections that are based solely on a DCO and fail to take into account the specific details disclosed can expose employers to discrimination risk under applicable law.
How can employers assess police check results fairly?
Employers may consider the offence type, its age, its relevance to the role, and the workplace context, rather than applying a single standard response to every DCO. Employers should seek independent legal guidance for advice that takes into account their specific circumstances and applicable requirements.
What happens if a candidate disputes their police check result?
DCO results go to the candidate first. If they believe the result is incorrect, they can lodge a dispute through the Accredited Body. The employer isn’t delivered the result until police confirms or amends it.
Does a DCO automatically make someone unsuitable for employment?
Many DCOs involve minor or historic matters unrelated to the role in question. Suitability is generally best assessed individually, considering the nature of the offence against the specific requirements of the position.