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EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

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Old Jul 23rd 2012, 3:14 am
  #16  
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Default Re: EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

Thank you all for your help, I'm off to sleep now

Joebloggs80 if what you assume is true I should be completely fine. Can't wait to leave the UK and get to Aus! 2 more years to go.
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Old Jul 23rd 2012, 3:23 am
  #17  
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Default Re: EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

just be sure not to re-offend in those next two years
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Old Jul 23rd 2012, 4:56 am
  #18  
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Default Re: EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

An old caution of mine appeared when I went for a job on a government project in the UK. It was minor and it they we're too fussed about it. Never had to do a criminal record in the private sector in both UK and Oz.

Whilst the records can be accessed between each country I doubt very much whether they will bother accessing British records. At least I hope not.

The caution system stinks and I had no idea it would appear on my record. The police make it out like "admit this and you can go home and no need to take it any further". In hindsight I wish I'd gone and contested in court.
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Old Jul 23rd 2012, 6:39 am
  #19  
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Default Re: EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

Originally Posted by northlondoner
Just realised how long my post was lol for those who can't be bothered to read it:

Are there criminal record checks in place in NSW Australia with regards to gaining employment in certain sectors? If so, what sectors, and what do these criminal record checks show?

Oh and also, would they expect an Aussie citizen with British citizenship who has been living in London for the past 15 years to transfer a criminal record check from Britain to Australia? (if that makes sense)

All these questions have been racing through my head for the past week or so and as a last resort (didn't wanna bother you guys), I figured this would be the best place to ask since I received such helpful info from here last year.
A friend went through this process when she applied for a job at a bank in Sydney. They obviously know when you apply for a job that you have been outside Australia and they did ask her to provide a criminal history check frm the UK.

She found out that a UK CRB check cannot be requested by an individual about themselves or an entity outside of the UK for data protection purposes.

You will have to request a 'subject access requests’ yourself from the UK if they ask you to provide it:
http://www.ico.gov.uk/for_the_public...cess_info.aspx

or a Criminal Record Check for Work Purposes : http://ukinaustralia.fco.gov.uk/en/a...ntation/police

She was also checked by the AFP, State Police and supplied a check from the UK herself as she did this before she left the UK knowing it would be required. A Basic level check would not show any cautions anyway.
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Old Jul 23rd 2012, 7:25 am
  #20  
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Default Re: EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

Mr BS and I both work in the financial sector in different companies, me as an accountant and Mr BS is an analyst. We both were required to provide UK police checks to our Australian employers before we started work.

I would nevertheless still go with the cross that bridge when you get to it approach. I would certainly not plan a different career path on something that might happen. On the other hand, I would not assume you would be "exempt" because you are an Australian citizen, any employer will clearly see you have been living in the UK and so if the process is to ask they are going to ask.

Last edited by Bermudashorts; Jul 23rd 2012 at 7:30 am.
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Old Jul 23rd 2012, 12:32 pm
  #21  
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Default Re: EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

Originally Posted by FiP
A friend went through this process when she applied for a job at a bank in Sydney. They obviously know when you apply for a job that you have been outside Australia and they did ask her to provide a criminal history check frm the UK.

She found out that a UK CRB check cannot be requested by an individual about themselves or an entity outside of the UK for data protection purposes.

You will have to request a 'subject access requests’ yourself from the UK if they ask you to provide it:
http://www.ico.gov.uk/for_the_public...cess_info.aspx

or a Criminal Record Check for Work Purposes : http://ukinaustralia.fco.gov.uk/en/a...ntation/police

She was also checked by the AFP, State Police and supplied a check from the UK herself as she did this before she left the UK knowing it would be required. A Basic level check would not show any cautions anyway.
Cautions may show up on a Subject Access check. Depends on a lot of factors, including the type and age of offence, age of offender, & is it the only offence. A one-off caution for something like theft, burglary, taking a vehicle, would be weeded from the Police National Computer after a certain length of time, and therefore would not appear on a Subject Access check, or a CRB check.
Other convictions may become spent under similar rules, though not weeded - so they would appear on Subject Access and Enhanced CRB but not basic CRB.
Be very careful about the wording in any question regarding a criminal record though - you may be asked "Have you EVER been cautioned/convicted" or "Have you ever been cautioned/convicted of an offence which is not considered spent....." Honesty is always the best policy, and if in doubt, admit it!
If you get a UK police check back (CRB or Subject Access) and there is a caution or conviction on there which you think should have been weeded, contact The Commissioner, New Scotland Yard - there is an office there which will investigate and remove offences which shouldn't now be on file
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Old Jul 23rd 2012, 12:55 pm
  #22  
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Default Re: EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

When you get a ACPO check from UK it will state 1 of 3 things:
1. No Trace - No records exist
2. No Live Trace - No current records exist
3. List of offences
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Old Jul 23rd 2012, 1:12 pm
  #23  
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Default Re: EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

Originally Posted by paddyo
When you get a ACPO check from UK it will state 1 of 3 things:
1. No Trace - No records exist
2. No Live Trace - No current records exist
3. List of offences
If i were the OP I think that I would request a Subject Access Report right now so that I had a better idea of what was likely to be revealed. If the cautions have been weeded, an they don't show up, all is good. If they haven't, then there's plenty of time to get in touch with the Commissioner if required.

Knowing what they check is likely to reveal has to be worth the £15 for the subject access check...


S
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Old Jul 23rd 2012, 1:37 pm
  #24  
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Default Re: EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

Originally Posted by Swerv-o
If i were the OP I think that I would request a Subject Access Report right now so that I had a better idea of what was likely to be revealed. If the cautions have been weeded, an they don't show up, all is good. If they haven't, then there's plenty of time to get in touch with the Commissioner if required.

Knowing what they check is likely to reveal has to be worth the £15 for the subject access check...


S
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Old Jul 24th 2012, 6:19 am
  #25  
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Default Re: EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

Originally Posted by Swerv-o
If i were the OP I think that I would request a Subject Access Report right now so that I had a better idea of what was likely to be revealed. If the cautions have been weeded, an they don't show up, all is good. If they haven't, then there's plenty of time to get in touch with the Commissioner if required.

Knowing what they check is likely to reveal has to be worth the £15 for the subject access check...


S
Cheers, this is what I'm going to do then I think.

Say that the cautions do appear and if they were to remain on my record, do you think it would be wise to pursue a career other than finance?
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Old Jul 24th 2012, 11:18 am
  #26  
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Default Re: EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

Mate, leave all options open. No need to make such drastic decisions now, things happen in life and even draconian HR know that.
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Old Jul 24th 2012, 1:47 pm
  #27  
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Default Re: EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

Originally Posted by northlondoner
Cheers, this is what I'm going to do then I think.

Say that the cautions do appear and if they were to remain on my record, do you think it would be wise to pursue a career other than finance?
The financial services industry will be mostly concerned with fraud and / or dishonesty not cannabis and graffiti.

Pursue the career you want at some stage you may have to deal with awkward questions and have some explaining to do, on the other hand it might never come up.
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Old Jul 24th 2012, 9:46 pm
  #28  
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Default Re: EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

thanks guys, I think I will keep my options open then by taking some finance modules and applying to both finance and non-finance internships in the next coming summer and see what happens
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Old Jul 25th 2012, 12:47 am
  #29  
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Default Re: EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

You may be asked to provide an Australian police clearance and if so to sign a stat dec to say if you have been a resident of anyother country since turning 18 you have never been charged with certain offances (usually very specific relating to fraud/assault and /or custodial sentences)
Even if you answer yes to any of them in my experience it doesn't mean you wont get the job
As previously advised, if they dont ask, dont offer the information voluntary
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Old Jul 25th 2012, 6:02 am
  #30  
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Default Re: EMPLOYMENT IN AUSTRALIA WITH CRIMINAL RECORD

Considering what has happened to my superannuation fund recently, a criminal record for fraud and robbery seems to be essential for working in the financial sector.
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