1 Feb 2002, 09:00

A man applied to join the Police. His application was declined on the basis that he had been given diversion for a charge against him some years previously, arising from an incident where he was undercharged when purchasing two items from a chain store.

The man accepted the Police offer of diversion and the charge was withdrawn. A condition of accepting diversion is to admit the matter to which the charge related. The charge was never heard in court. The only record of the matter was the information held on Police diversion files.

Police policy was not to accept applications from people who had proven charges against them. Charges that had been resolved through the diversion scheme were treated as 'proven'.

After learning of this, the man applied to have his case re-opened and heard in court. The judge considered the re-hearing application and denied it, noting:

The proceedings were withdrawn without a hearing, disposal or disposition. There was no plea entered, no conviction ensuing and nothing of official record or formal proceeding.

Principle 10 of the Privacy Act limits the ways in which information, obtained in connection with one purpose, may be used. The man's complaint raised a question under principle 10 because the Police were using their diversion records to determine an application for employment.

Following some initial correspondence, the Police informed me that they were changing their policy of refusing to consider applications from people who have been through the Police diversion scheme. Applicants with diversion records would be considered, although the diversion would be taken into account. The man was told that he could proceed with his application.

The man was satisfied with this outcome and I decided to discontinue my investigation on that basis.

Indexing terms: Use of personal information - NZ Police - Police diversion record the reason for refusing complainant's application to join Police - Information privacy principle 10

February 2002