In the fast paced Australian labour market, compliance is non negotiable. For employers, ensuring every new hire is legally entitled to work in Australia is not just best practice, it’s a strict legal requirement enforced by the Department of Home Affairs. Failure to do a NCC Right to Work Check can result in severe penalties, including substantial fines and even imprisonment.
This is where the NCC Right to Work Check becomes your essential risk management tool. While NCC (National Crime Check) is a term often used by service providers, the check itself is a critical verification process, often bundled with the police check, that confirms an individual’s current visa status and work conditions.
At Rapid Screening, we make sure that this compliance phase is a natural part of our background screening process. This way, you can complete your legal requirements quickly and safely. Find out who requires an NCC Right to Work Check, what it entails, and how to do it right now.
The Legal Imperative: Why the NCC Right to Work Check is Mandatory
Every employer in Australia is legally required to take reasonable steps to verify an employee’s legal right to work. This obligation applies to all staff, regardless of nationality, and lasts for the duration of their employment.
Understanding the Two Pillars of Pre Employment Compliance
Effective pre employment screening combines two distinct checks to fully vet a candidate:
| Check Type | What it Verifies | Purpose | Legal Basis |
| NCC Right to Work Check (VEVO) | Current visa status, visa class, and specific work conditions (e.g., hours per week, specific employer). | Compliance with immigration law. | Migration Act 1958 |
| NCCHC (Police Check) | Criminal history and Disclosable Court Outcomes (DCOs). | Suitability for the role and risk mitigation. | ACIC Act 2017 |
The NCC Right to Work Check addresses the legality of the employment, while the police check (NCCHC) addresses the integrity of the employee. Both are essential components of comprehensive due diligence.
Penalties for Non Compliance
The Department of Home Affairs is stringent about work rights compliance. Employing a person who is not permitted to work, or who breaches their visa conditions, can lead to:
- Civil Penalties: Fines of up to $63,000 per illegal worker for corporations and $12,600 for individuals.
- Criminal Penalties: Severe cases involving exploitation or repeat offences can lead to criminal prosecution and imprisonment.
The minimal cost and time required for an NCC Right to Work Check are a small price to pay to avoid these substantial legal and financial risks.
Deconstructing the NCC Right to Work Check Process
The foundation of the NCC Right to Work Check relies on accessing the government’s official visa database.
The Visa Entitlement Verification Online (VEVO) System
The VEVO system is the authoritative source for confirming a foreign national’s work rights. When you use the NCC Right to Work Check service through Rapid Screening, we instantly query the VEVO database.
- For Visa Holders: The check confirms the visa type, the work rights attached to it (e.g., unlimited, limited to 20 hours per week), and the visa’s expiry date. This is a critical point in time check, as visa conditions can change.
- For Australian Citizens: Work rights are verified by sighting and confirming an Australian Passport, Citizenship Certificate, or Birth Certificate (in conjunction with Photo ID) via the Document Verification Service (DVS).
The result of the check provides clear evidence of compliance, which you must keep on file for the duration of the employment period and beyond.
What the Check Reveals (and Doesn’t)
| Right to Work Status | Required Verification | Key Result Detail |
| Australian Citizen | Passport/Citizenship Certificate (via DVS). | Unlimited Right to Work. |
| New Zealand Citizen | New Zealand Passport (via VEVO). | Unlimited Right to Work (under Subclass 444 Visa). |
| Foreign Visa Holder | Passport/ImmiCard (via VEVO). | Limited or Unlimited Work Rights; visa conditions and expiry date. |
The Value of Bundling: NCC Right to Work Check with NCCHC
While the two checks serve different purposes, combining them into a single, seamless pre employment process offers the highest level of assurance and efficiency.
Streamlining Pre Employment Screening with Rapid Screening
At Rapid Screening, we allow clients to bundle the NCC Right to Work Check with the Nationally Coordinated Criminal History Check (NCCHC) in one easy application.
- Single Candidate Journey: The applicant completes both checks in one sitting, providing consent and identity documents simultaneously.
- Time Efficiency: You receive the Right to Work result instantly, allowing you to move forward with the hiring process without delay, while the NCCHC completes processing (with 70% of results delivered within 2 to 4 hours).
- Comprehensive Risk Management: You are instantly protected against immigration non compliance risks while simultaneously vetting the candidate’s criminal background and suitability for the role.
Ongoing Monitoring and Renewal
- Expiry Alerts: Our system allows you to manage and track visa expiry dates. Employers must re verify the work rights before the current visa expires.
- Condition Changes: If a visa holder moves to a different visa sub class during employment, their work conditions may change, requiring an immediate re check to maintain compliance.
Regular monitoring of the NCC Right to Work Check is an ongoing legal duty for the employer.
Conclusion
The NCC Right to Work Check is a crucial legal safeguard for any Australian business. It goes beyond simply sighting a passport; it provides instant, verifiable confirmation of a candidate’s current entitlement to work in Australia, directly from the official VEVO database.
Rapid Screening gives a complete, compliant, and quick way to screen job applicants by combining the NCC Right to Work Check with our fast NCCHC service. Secure your business, protect yourself from legal penalties, and hire with absolute confidence. Hire with complete confidence, safeguard your company, and avoid legal repercussions.
Frequently Asked Questions (FAQs)
Q1) What is the official name of the NCC Right to Work Check?
A: The legal mechanism used for the NCC Right to Work Check on visa holders is the Visa Entitlement Verification Online (VEVO) system, managed by the Department of Home Affairs. It verifies the visa status and work conditions of non citizens.
Q2) How often do I need to conduct an NCC Right to Work Check?
A: You must conduct a check before an employee starts work. For Australian citizens or permanent residents, this initial check is generally sufficient. For temporary visa holders, you must conduct a new check before their current visa expires to ensure they have been granted a new visa with valid work conditions.
Q3) Does the NCC Right to Work Check replace the police check (NCCHC)?
A: No. They are separate, mandatory checks. The NCC Right to Work Check confirms legal eligibility to work in Australia. The police check (NCCHC) confirms suitability for the role based on criminal history. Both are required for comprehensive due diligence.
Q4) Can a company be fined for hiring an Australian citizen without checking their work rights?
A: While Australian citizens have an unlimited right to work, the Migration Act 1958 requires the employer to take reasonable steps to verify all workers. For citizens, this typically means sighting and verifying an Australian Passport, Citizenship Certificate, or Birth Certificate using the DVS, which our NCC Right to Work Check facilitates. Failure to do this may suggest a lack of “reasonable steps” if an issue ever arose.
