Terms and Conditions

The Police Check Service offered by Australia Post together with the Mercury Group of Companies Pty Ltd on the Mercury Website enables You to purchase a National Police History Check.

These terms and conditions apply to the provision and use of Police Check Service purchased through Mercury Website.

Please read these terms and conditions carefully. If you do not agree to these terms and conditions please do not use the Australia Post Police Check Service.

1. Definitions

In these terms and conditions, unless the context dictates otherwise:


Agreement means the agreement between Australia Post and You formed when You accesses the Police Checking Service, select and commence ordering the NPHC, and are presented with an electronic request to accept the Terms and Conditions and clicks "I Agree".

Australian Criminal Intelligence Commission or ACIC means the Commonwealth of Australia represented by the ACIC , which is responsible for administering the provision of NPHC.

GST has the same meaning as defined in section 195 of the A New Tax System (Goods and Services Tax) Act 1999.

Police Check Service means the functions and features provided by Australia Post and Mercury which enables You to receive a NPHC.

Mercury means Mercury Group of Companies Pty Ltd, an ACIC accredited organisation.

Mercury Website means the website operated by Mercury and located at http://www.mercury.com.au/police-check-online/

National Police History Check or NPHC means the performance of a police history check to produce a certificate that shows police history information including any disclosable court outcomes and pending charges relating to the applicant in Australia.

Spent Convictions means convictions that are not required to be disclosed in certain circumstances, which may include less serious offences for which the waiting period has ended, pardons and quashed convictions.

Verification Service means the performance of an identity check by Australia Post for You as a part of the Police Check Service.

You means a user of the Mercury Website who accesses the Police Check Service and enters into an Agreement with Australia Post for the Police Check Service.

2. Specific Conditions

The following conditions apply to Your use of the Police Check Service:

  1. The National Police History Check is provided by Mercury, an ACIC accredited organisation, on behalf of Australia Post. Mercury relies on the information provided to it from ACIC to supply the NPHC.
  2. The Verification Service is provided by Australia Post.
  3. (c) Australia Post:
    1. is not responsible for; and
    2. cannot change, modify or adapt;
    the police history information provided in a NPHC.
  4. You must supply full and accurate information whenever requested to do so in the course of applying for and using the Police Check Service. Giving false or misleading information is a serious offence.
  5. You must not apply for a NPHC on behalf of another person.
  6. You will receive your NPHC certificate at the email address nominated by You. You will receive any hard copy certificate purchased by registered post to the address nominated by You.
  7. Your application for the Police Check Services may require manual processing by a police agency which may cause a significant delay in the time taken to receive your NPHC, in some cases in excess of 20 business days.
  8. You acknowledge that Australia Post may, in its sole and absolute discretion, refuse to provide the Police Check Services and terminate this Agreement if:
    1. in Australia Post's opinion any information or instruction submitted is incorrect or incomplete; or
    2. Australia Post suspects that Your request for supply of the Police Check Service is, or could be, unlawful.
  9. Spent Convictions may appear on the certificate if You apply for certain categories of Police History Check for which exclusions in the relevant Spent Convictions legislation applies.
  10. A NPHC is provided subject to the following:

    LIMITATIONS ON ACCURACY AND USE OF THIS INFORMATION

    1. The accuracy and quality of this National Police History Check depends on accurate identification of the Applicant (including aliases) and information provided in the application form and the comprehensiveness of police records.
    2. While every care has been taken by The Australian Criminal Intelligence Commission (ACIC) to conduct a search of Police History Information held by it and Australian police agencies that relate to the Applicant, this report may not include all Police History Information relating to the Applicant. Reasons for Police History Information being excluded from the report include the operation of laws that prevent disclosure of certain Police History Information, or that the Applicant’s record is not identified by the search process across the Police History Information holdings.
    3. The National Police History Check is a point in time check and should not be relied upon for an unreasonable amount of time.
    4. The Applicant must be notified of their National Police History Check result and provided with a reasonable opportunity to respond to or validate the information in this report.
    5. To the extent permitted by law, neither the Australian Criminal Intelligence Commission (ACIC) nor Australian police agencies accept responsibility or liability for any error or omission in the information.
    6. The information in this report has been obtained according to the following process:
      1. The Australian Criminal Intelligence Commission (ACIC) searching a central index for potential matches with the name(s) of the Applicant;
      2. The Australian Criminal Intelligence Commission (ACIC) and the relevant Australian police agencies comparing name matches with Police History Information held in Australian police records;
      3. The relevant Australian Police Agency identifying any Police History Information held in their police records and releasing the information subject to relevant spent convictions, non-disclosure legislation or information release policies;
      4. The Australian Criminal Intelligence Commission (ACIC) providing a result of the National Police History Check to Mercury indicating that a record of Police History Information relating to the Applicant is held or not; and
      5. The Australian Criminal Intelligence Commission (ACIC) providing that Police History Information to Mercury

3. Disputing information in NHPC

If You wish to dispute the information in your certificate You must contact Mercury on:

  • phone: 1300 525 525
  • email: support@fit2work.com.au

and follow the dispute process. You may be required to provide fingerprints in order to progress your dispute.

4. Payment

  1. You must pay Australia Post the relevant fee for the Police Check Service.
  2. Fees for the Police Check Service may be varied at any time at Australia Post's discretion.
  3. Fees are GST inclusive where GST is applicable.
  4. If the NPHC has been initiated with ACIC You will not be entitled to a refund for the reason that You provided inaccurate or insufficient information.

5. Liability

  1. Except to the extent expressly provided in clause 5(b) Australia Post will not be liable to You or any person for any loss or damage whatsoever suffered, or that may be suffered (including but not limited to direct and consequential loss) 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 Police Check Services or any other matter or thing relating to this Agreement, except to the extent of fraud or wilful misconduct by Australia Post.
  2. Australia Post disclaims all conditions and warranties, express or implied, other than those contained in this Agreement, in respect of the provision of the 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 at the option of Australia Post to:
    1. the re-supply of the Police Check Services; or
    2. the cost of re-supply of the Police Check Services,
    in respect of which the breach occurred, and otherwise will be limited to the maximum extent permitted by law.
  3. 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 fraud or mis-statement of fact. You are not obliged to indemnify Australia Post to the extent that the loss, claim or damage is incurred as a result of Australia Post’s fraud or wilful misconduct.
  4. 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.

6. Cessation of Services and Termination

  1. Australia Post may cease to offer the Police Check Services at any time.
  2. Australia Post may terminate this Agreement by written notice to You if You breach it.
  3. A NPHC initiated and paid for before any cessation, suspension or termination will, in Australia Post’s discretion:
    1. be completed; or
    2. ii. a refund will be provided to You;
    unless You are in breach of the Agreement.

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.

7. 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.

8. Privacy

Information about privacy is available here.

9. Customer Service

The NPHC is operated by Mercury. If you require customer service information or assistance you should contact Mercury at:

  • phone: 1300 525 525
  • email: support@fit2work.com.au

If your query relates to the Verification Service provided by Australia Post, Mercury will refer you to Australia Post for assistance.

Secure content