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Being Outted by Police Child Protection checks
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Hi, I had to do a Criminal History check for work late last yr, we have to do one every 2 years, and this was just after I recieved my new birth certificate, of course having to put my old name down caused a little grief, but lucky for me my employer knows all about me, so that wasn’t really an Issue but I did have a traffic incident back in 1999, “Turning right, not keep in right lane” where I also hit a bike rider who decided to ride right in front of me, while I was turning, also the on the corner I was turning into everybody cuts it, including the police, that although found guilty of, I had no conviction recorded, how ever this appears on my history check, under my old name and gender, which could end up could, even though it shouldn’t, cause problems if I was to go somewhere else. I feel it is O.K. for the the incident to be recorder, but feel my old name and gender should not , if anything they should not list the name and gender or else use your new name. Now I had sort of gotten over the issue of the C.H.C but this thread sort of brought it the bad memories, so contected a friend of mine whpo is a Psychologist and also is going to be running as an independent in the next election and he has suggested I talk to a friend of his who is a politician and one of her portfolio’s is to do with the Justice Department, so will see what happens
Hugs
Sharon
Alice Springs
Northern Territory -
As I have previously stated, you do NOT need to put other name in any request for Police record checks, unless you have legally changed your name. Common sense really, the police will always use your legal name and that is the name used to record a charge and/or conviction. So, unless you have changed your name, you do NOT have to list same.
The legal argument could be along the lines of, “The paperwork only requires LEGAL names or same due to LEGALLY registered name changes.” For the name change requirements, see relevant State legislation. -
I agree with Norah. If you are a part time person or even a fulltime person that hasn’t done a legal name change then any convictions that you have or commit will be recorded in your current name hence the fact that it will be the only name required and as Stefanie said (I think) it is the only one that can be checked, anything else will draw a blank.
The next issue to get around is having to list former names and or sex too. One issue that I have found out is that there are criminal people people out there in the world that have changed their name etc. in order to avoid being found which is why all known legal names have to be checked on. Please remember that the authorities can get that info. even if you don’t provide it anyhow. To my current knowledge though, even if you have an aliase and have tried to use it it will come back to your actual (legal) identification if you tried to use another name when arrested or whatever.
Sharon suggested/made a good point in that maybe it doesn’t need to show that we have changed our name or sex which I think is a better aim to acheive. Unless you were proven to be using a different name in order to commit crime I don’t believe that it needs to brought up either. I don’t know however, what info. is used to find you on the database, this is what I need to get my head around here. If a tax file or medicare number etc. is used then the above point would apply, no need to list your previous name/sex unless those points were actually used to avoid detection but if the system requires an actual name to do the check with and can’t work any other way then yes, we do have a dilemma here.
Once again it does remain that if you have been a law abiding person then you don’t have an issue but it is true also that if you are discriminated against with this info. and can prove it then as we have previously said you have a genuine issue in that regard. We have to also remember that these obstacles do occur in TG life whether it be MTF or FTM and we have to and should try to tackle them as a community not just as an individual.
So yeah, as I said in an earlier post, how can I find out what is required to perform one of these checks? Does the system require names or numbers or both? I’ve never done one so I don’t know.
Peta A.
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hi ,
I need a blue card , disability card and now a child protection police check to work . I had a blue and disability card in my male name for years !! They just sent me a change of name form and rang me and asked if i wanted too be listed as female as form seemed too me??? to be change of name due too marriage lol . Soo if i go for new employment i just show them my cards which expire on 20th oct 11 ..no police check is needed so long as i renew my card and state ive had no criminal convic tion , its just same as car registration .
Cheers Ella-Kristine -
As far as I know , these checks are more to do with child protection and unless you are a serious criminal, they really don’t care about traffic accidents or minor crimes. I had to do some inquiring ( a while ago now) when I was a Union rep , for a couple of members who had been bad kiddies while young and was told that they only look back for 10 years or so and mostly look for kiddie fiddling and then it is only KNOWN criminals. I think that unless it is for a job in ASIO or such , you are safe giving your former name but I would have a chat with your employer before you agree to the search to see what they are looking for and what happens the search turns up something.
I really think that even in stealth, they can find what they want if they actually look and it is better to be upfront , it shows that you have nothing to hide or be ashamed of. -
I see your point christina,
I say tell em nothen and takem no where.I just write Maddy
female
no last or known by namesand if they want to work out the rest let em and its all confidential, by then i may have the job, too late for picking the “T” out of position vacant.
There is no law against being dumb and its worth playing on sometimes.
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Again, the sole purpose of my post was to highlight that some employers are misusing the Child Protection Check to out and discriminate against us.
There has been no suggestion that Child Protection checks should not be undertaken, nor that transgendered individuals should not have these checks undertaken.
All that is required is the Child Protection Commissioner’s Office reports YES or NO to the question of do you have a proscribed criminal history.
Some employers ARE misusing the information on these forms, culling well qualified individuals before interview, demanding the form be filled out AGAIN when the Human Resources Manager has reasonably withheld it from the interview panel, and then read out aloud the information in minutae
This misuse of the Child Protection Check has been brought to the attention of the Commissioner for Child Protection but I believe nothing will be done to correct this real and potential opportunity for discrimination and harassment unless many people report this matter to their local MP etc
For those who elect to not declare all names used, the question asked will be, “what are you hiding?” And the presumption will be; more than just that you’re a cross-dresser/transgendered, reinforcing all the dirty minded presumptions.
Simple solution: the forms should include an addressed envelop, which is sealed until opened by the child protection authority undertaking the check
There is no objection about the need to ensure our children are safe, nor any concern about minor past conflicts with the Legal system. This is about another opportunity for bigoted individuals to discriminate against us.
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I received a telephone call from Sylvia Hale (MLC) – Greens, re my concerns regarding misuse of the information given by prospective employees for Child Protection Checks.
There is currently a review of Legislation being undertaken by the Commissioner for Children & Young People and Ms Hale recommends anyone with any concern re privacy or being outed by this process should make a submission to the Commissioner – see website.
Also, Clover Moore (MLA) – Independent, Member of Sydney, has made a submission on our behalf highliting the issues I raised.
Some DO listen, but they can only hear our concerns when we tell them.
It’s a nice day. 8=)
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I recently had a police check in my legally changed name. On the request form I need to declare previous names etc which I did. The Certificate which came back only referred to my new name…so no problem! Although I am not sure if I had a conviction whether this would show in my new name or my then name.
Jade -
I have now received a copy of a reply from the NSW Commissioner for Children & Young People. In part it states,
Quote:I am sympathetic to the embarrassment and other problems that transgender people report as a result of listing their previous names in applications for a Working With Children Check.The Minister for Youth …. has indicated that the current independent review of the Working With Children Check’s legislation will consider using an accrediditation model for the Check. Under an accreditation model, applicants for the Working With Children Check would not need to disclose their former names to their employers.
An accreditation model would allow applications to apply for a Working With Children Check direct, rather than through their employer. However, the application would still need to include the applicants’ former names, in order to protect children ………
So, we just need to wait and see. I understand that no recommendations from the review will be put in place until after the State election next year.
I find this a positive response.
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Slightly left of what has been discussed here but equally as problematic. I needed a Credit Check for a financial services licensing application. The best I could get from VEDA one of the two companies providing this information was two separate credit checks/histories. You guess it one in my name and one in my previous name! Even after explaining the situation to a manager there I got a we can’t do it any other way! I spoke to the solicitor with the NSW Gender Centre and there isn’t a lot (think nothing!) that can be done legally so this is another area that needs to be escalated but to whom and will they care?
We also have the same issue with company records with ASIC, former names are revealed in document searches which are open to the public.
And don’t get me started on what my birth certificate will look like post SRS because I am married!
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Hi Jade,
This issues you have raised is the point of these forums. If we don’t say what’s happening then nothing is going to change.
ASIS is a Federal body, and you need to determine whether financial services licencing is a Federal or State jurisdiction. Then the next step is a letter to you local MP – State and/or Federal. Keep in simple and factual.
It is worth making the effort. I’ve received a positive response from the Commissioner for Children and Young People, as I also did after a couple of years of lobbying to Medicare re their computer database having my female name. “MALE” gender and then my home address and telephone number being displayed every time I made a claim.
Especially as I had been advised in 1997 that my gender had been corrected on their database, this was especially distressing.
If a woman changed her name because of a violent relationship, there would be no issue with protecting her privacy. There’s a double standard
Please, keep us informed of progress, and most of all, don’t be intimidated.
Big Hugs
