When it comes to understanding the intricacies of police checks and what they reveal, one question that often arises is whether a Section 14 report shows up on a police check. This is an important query for many individuals, especially those who are undergoing background checks for employment, volunteering, or other purposes. In this blog post, we will delve into what a Section 14 report entails and whether it appears on police checks in Australia.
What is a Section 14 Report?
A Section 14 report refers to an order under the Mental Health Act in various Australian states and territories. The specific section number may vary depending on the jurisdiction. For instance, in New South Wales, it's Section 19 of the Mental Health Act 2007, while in Victoria, it's Section 29 of the Mental Health Act 2014. These sections generally pertain to situations where an individual is assessed as needing involuntary mental health treatment.
Specifically, it applies to cases where someone poses a risk to themselves or others due to their mental health condition and refuses voluntary treatment. Section 14 (or equivalent) reports are serious matters and are generally issued by authorised mental health professionals or law enforcement officers who have reason to believe that immediate intervention is necessary.
Types of Police Checks in Australia
Before diving into whether a Section 14 report appears on a police check, it's essential to understand the different types of police checks available in Australia:
National Police Check (NPC): This is the most common type of police check and includes information about criminal history across all Australian states and territories. The Australian Criminal Intelligence Commission (ACIC) is responsible for coordinating these checks.
Working With Children Check (WWCC): This check is specifically designed for individuals working with children and includes additional scrutiny beyond standard criminal history.
Vulnerable People Check: Similar to the WWCC but focused on individuals working with vulnerable groups such as the elderly or disabled.
AFP National Police Check: Conducted by the Australian Federal Police (AFP), this check may be required for specific roles or immigration purposes.
What Information Appears on a Police Check?
According to the ACIC, a standard National Police Check typically includes:
Convictions
Findings of guilt without conviction
Court appearances
Good behaviour bonds
Pending court matters
However, not all offences or legal matters will appear on every type of police check. The disclosure depends on various factors including the nature of the offence, its relevance to the purpose of the check, and any applicable spent convictions legislation.
Does a Section 14 Report Show Up on a Police Check?
The short answer is no; a Section 14 report does not usually show up on standard National Police Checks. Here's why:
Confidentiality of Medical Records
Section 14 reports fall under medical records rather than criminal records. Medical records are protected by stringent confidentiality laws aimed at safeguarding patient privacy. In Australia, the Privacy Act 1988 governs the handling of personal information, including health information. These laws ensure that sensitive health information, including mental health assessments like Section 14 reports, remains confidential unless there is explicit consent from the individual or legal requirements necessitate disclosure.
Relevance to Criminal History
Police checks are primarily concerned with criminal history rather than medical history. Since a Section 14 report pertains to mental health treatment rather than criminal activity, it does not fall within the scope of what police checks aim to disclose.
Specific Circumstances
While standard NPCs do not include Section 14 reports, there could be specific circumstances where such information might be relevant:
Court Orders: If there has been any court involvement related to your mental health condition that resulted in criminal charges or orders affecting your legal status.
Employment Requirements: Certain high-security roles may require more comprehensive background checks that could potentially include medical assessments.
In these cases, it's advisable to seek legal advice or consult with your prospective employer about their specific requirements.
Conclusion
Understanding what appears on your police check can be crucial for various aspects of life including employment and volunteering opportunities. While standard National Police Checks do not include Section 14 reports due to confidentiality laws surrounding medical records, it's always good practice to be aware of what might be disclosed under different circumstances.
If you have concerns about how your mental health history might impact your future opportunities, consider seeking advice from legal professionals or mental health advocates who can provide guidance tailored to your situation. You may also contact the relevant state or territory mental health tribunal for more specific information about Section 14 reports and their potential disclosure.
In summary
A Section 14 report (or equivalent) relates to involuntary mental health treatment under state or territory Mental Health Acts.
It does not appear on standard National Police Checks.
Confidentiality laws, including the Privacy Act 1988, protect medical records from being disclosed without consent.
By understanding these nuances around section 14 reports and police checks in Australia, you can better navigate your personal and professional life with confidence.
References
Australian Criminal Intelligence Commission (ACIC): https://www.acic.gov.au/our-services/national-police-checking-service
Office of the Australian Information Commissioner - Health Information and Medical Records: https://www.oaic.gov.au/privacy/your-privacy-rights/health-information-and-medical-records
Australian Institute of Family Studies - Pre-employment screening: Working With Children Checks and Police Checks: https://aifs.gov.au/resources/resource-sheets/pre-employment-screening-working-children-checks-and-police-checks
NSW Mental Health Act 2007: https://legislation.nsw.gov.au/view/html/inforce/current/act-2007-008
Victoria Mental Health Act 2014: https://www.legislation.vic.gov.au/in-force/acts/mental-health-act-2014/023
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