Criminal Record Question
Oct 20th 2003, 2:57 am
#16
BE Forum Addict
Joined: Dec 2002
Posts: 2,894
Originally posted by Donk
This is true. Honesty always best policy, failure to disclose could have disastrous consequences.
This is true. Honesty always best policy, failure to disclose could have disastrous consequences.
Oct 20th 2003, 8:56 am
#17
Finally back home
Joined: Mar 2003
Location: Adelaide, Sth Australia
Posts: 358
My hubby had a conviction from when he was about 20 and although it didn't appear on his police check we declared it anyway.
He got his visa in August and will be off to Adelaide just as soon as the house sells.
As others have said it really is best to declare it at the outset. these things have a tendancy to rear their ugly heads when you least expect them to otherwise.
Sally and family
He got his visa in August and will be off to Adelaide just as soon as the house sells.
As others have said it really is best to declare it at the outset. these things have a tendancy to rear their ugly heads when you least expect them to otherwise.
Sally and family
Oct 20th 2003, 11:02 am
#18
BE Enthusiast
Joined: Aug 2003
Location: Perth we were.Back in the uuuk
Posts: 355
Originally posted by Donk
This is true. Honesty always best policy, failure to disclose could have disastrous consequences.
This is true. Honesty always best policy, failure to disclose could have disastrous consequences.
as one was like your brothers fisticuffs .I had also lodged an enhanced check done by social services as we foster children.
Oct 20th 2003, 11:44 am
#19
BE Forum Addict
Joined: Dec 2002
Posts: 1,019
This may help
For the purposes of this section, a person does not pass the character test if:
(a) the person has a substantial criminal record (as defined by subsection (7)); or
(b) the person has or has had an association with someone else, or with a group or organisation, whom the Minister reasonably suspects has been or is involved in criminal conduct; or
(c) having regard to either or both of the following:
(i) the person's past and present criminal conduct;
(ii) the person's past and present general conduct;
the person is not of good character; or
(d) in the event the person were allowed to enter or to remain in Australia, there is a significant risk that the person would:
(i) engage in criminal conduct in Australia; or
(ii) harass, molest, intimidate or stalk another person in Australia; or
(iii) vilify a segment of the Australian community; or
(iv) incite discord in the Australian community or in a segment of that community; or
(v) represent a danger to the Australian community or to a segment of that community, whether by way of being liable to become involved in activities that are disruptive to, or in violence threatening harm to, that community or segment, or in any other way.
Otherwise, the person passes the character test.
Substantial criminal record
(7) For the purposes of the character test, a person has a substantial criminal record if:
(a) the person has been sentenced to death; or
(b) the person has been sentenced to imprisonment for life; or
(c) the person has been sentenced to a term of imprisonment of 12 months or more; or
(d) the person has been sentenced to 2 or more terms of imprisonment (whether on one or more occasions), where the total of those terms is 2 years or more; or
(e) the person has been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result the person has been detained in a facility or institution.
Periodic detention
(8) For the purposes of the character test, if a person has been sentenced to periodic detention, the person’s term of imprisonment is taken to be equal to the number of days the person is required under that sentence to spend in detention.
For the purposes of this section, a person does not pass the character test if:
(a) the person has a substantial criminal record (as defined by subsection (7)); or
(b) the person has or has had an association with someone else, or with a group or organisation, whom the Minister reasonably suspects has been or is involved in criminal conduct; or
(c) having regard to either or both of the following:
(i) the person's past and present criminal conduct;
(ii) the person's past and present general conduct;
the person is not of good character; or
(d) in the event the person were allowed to enter or to remain in Australia, there is a significant risk that the person would:
(i) engage in criminal conduct in Australia; or
(ii) harass, molest, intimidate or stalk another person in Australia; or
(iii) vilify a segment of the Australian community; or
(iv) incite discord in the Australian community or in a segment of that community; or
(v) represent a danger to the Australian community or to a segment of that community, whether by way of being liable to become involved in activities that are disruptive to, or in violence threatening harm to, that community or segment, or in any other way.
Otherwise, the person passes the character test.
Substantial criminal record
(7) For the purposes of the character test, a person has a substantial criminal record if:
(a) the person has been sentenced to death; or
(b) the person has been sentenced to imprisonment for life; or
(c) the person has been sentenced to a term of imprisonment of 12 months or more; or
(d) the person has been sentenced to 2 or more terms of imprisonment (whether on one or more occasions), where the total of those terms is 2 years or more; or
(e) the person has been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result the person has been detained in a facility or institution.
Periodic detention
(8) For the purposes of the character test, if a person has been sentenced to periodic detention, the person’s term of imprisonment is taken to be equal to the number of days the person is required under that sentence to spend in detention.
Oct 20th 2003, 11:54 am
#20
Joined: Aug 2003
Posts: 11,149
Ned Kelly, an Australian hero, would not have passed the character checks!
Oct 20th 2003, 11:54 am
#21
Joined: Aug 2003
Posts: 8,147
hi guys
how does all this relate to if you were not actually charged and convicted of an offence? If the CPS decided there was no evidence with which to charge/convict you with and the case got no further?
the way I read the info was that it only related to 'Convictions'?
cheers
Sue
how does all this relate to if you were not actually charged and convicted of an offence? If the CPS decided there was no evidence with which to charge/convict you with and the case got no further?
the way I read the info was that it only related to 'Convictions'?
cheers
Sue
Oct 20th 2003, 5:28 pm
#22
Guest
Posts: n/a
Originally posted by tiredwithtwins
hi guys
how does all this relate to if you were not actually charged and convicted of an offence? If the CPS decided there was no evidence with which to charge/convict you with and the case got no further?
the way I read the info was that it only related to 'Convictions'?
cheers
Sue
hi guys
how does all this relate to if you were not actually charged and convicted of an offence? If the CPS decided there was no evidence with which to charge/convict you with and the case got no further?
the way I read the info was that it only related to 'Convictions'?
cheers
Sue
what have you done then?
Oct 21st 2003, 12:58 am
#23
Joined: Aug 2003
Posts: 8,147
Originally posted by welshboybilly
what have you done then?
what have you done then?
hi wbb
lets just say I was not an angel when I was younger - I didnt kill anyone or anything like that!!!!
I have had enhanced police checks done on a regular basis as I am a nurse and have been for 16 years - never mentioned it but it has never shown up on a pc.
anyone any idea?
sue
Oct 21st 2003, 1:06 am
#24
Guest
Posts: n/a
im pretty confident that unless you were convicted of the offence (or are waiting to hear from the cps etc) then you have no criminal record and nothing to declare.
i suppose this works the same if you have been found not guilty of an offence.
i would post the question on the immigration forum and see if one of the agents answers it over there.
i suppose this works the same if you have been found not guilty of an offence.
i would post the question on the immigration forum and see if one of the agents answers it over there.
Oct 21st 2003, 1:21 am
#25
Joined: Aug 2003
Posts: 8,147
Originally posted by welshboybilly
im pretty confident that unless you were convicted of the offence (or are waiting to hear from the cps etc) then you have no criminal record and nothing to declare.
i suppose this works the same if you have been found not guilty of an offence.
i would post the question on the immigration forum and see if one of the agents answers it over there.
im pretty confident that unless you were convicted of the offence (or are waiting to hear from the cps etc) then you have no criminal record and nothing to declare.
i suppose this works the same if you have been found not guilty of an offence.
i would post the question on the immigration forum and see if one of the agents answers it over there.
cheers matey!
thats what I suspected.
sue
Oct 21st 2003, 6:03 am
#26
Guest
Posts: n/a
Originally posted by tiredwithtwins
cheers matey!
thats what I suspected.
sue
cheers matey!
thats what I suspected.
sue
no problem, hope it goes ok for you.
