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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42358
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have a criminal conviction and have a copy of that. It is

Customer Question

I have a criminal conviction and have a copy of that. It is only minor convictions on the record however I was 20 yrs ago convicted and discharged of assault with a weapon, the weapon being a porcelien vase. Would any of this effect my moving to work in oz.
Kind regards Donna
Submitted: 4 months ago.
Category: Australia Law
Expert:  Expert_James replied 4 months ago.

Please confirm that this is a question for Australia law.

Customer: replied 4 months ago.
it is
Expert:  Leon replied 4 months ago.

Good Morning.,

Are you applying for a work visa?

Customer: replied 4 months ago.
Have to due to convictions.
Expert:  Leon replied 4 months ago.

Good Afternoon,

Are they minor and were you given a jail term?

Customer: replied 4 months ago.
No jail time but assualt with a weapon is not a minor offence. However I was convicted and dischated by the judge at the time. This is in New Zealand. So unsure if New Zealand police can disclose this if any employment agency vetse through NZ police which they will as I am a nurse.
Expert:  Leon replied 4 months ago.

Good Afternoon.

So you did not get a conviction recorded.

You have to disclose it. My understanding is you are asked if you have any charges or convictions. Even though you are not convicted there is a charge and you have to disclose it.

Here is the character requirements for Australia

You will be rejected if any of the following exist

You will not pass the character test if:

  • you have a substantial criminal record
  • you have been convicted of escaping from immigration detention, or convicted for an offence that you committed:
    • while you were in immigration detention
    • during an escape from immigration detention
    • after an escape, but before you were taken into immigration detention again.
  • you are or have been a member of a group or organisation, or had or have an association with a person, group or organisation that the Minister reasonably suspects of being involved in criminal conduct
  • the Minister reasonably suspects that you have been involved in people smuggling, people trafficking, genocide, a war crime, a crime against humanity, a crime involving torture or slavery, or a crime that is of serious international concern, whether or not you have been convicted of such an offence
  • your past and present criminal or general conduct shows that you are not of good character
  • there is a risk that while you are in Australia you would:
    • engage in criminal conduct
    • harass, molest, intimidate or stalk another person
    • vilify a segment of the Australian community
    • incite discord in the Australian community or in a part of it
    • be a danger to the Australian community or a part of it.
  • you have been convicted, found guilty or had a charge proven for, one or more sexually based offences involving a child
  • you are subject to an adverse security assessment by the Australian Security Intelligence Organisation
  • you are subject to an Interpol notice, from which it is reasonable to infer that you are a direct or indirect risk to the Australian community, or a segment of the Australian community.
Customer: replied 4 months ago.
When the police disclose this conviction is their option to say I was discharged of this offence by law or is it there choice and I explain to employers I was discharged
Expert:  Leon replied 4 months ago.

Good Afternoon

They will know all of this and it will factor into the decision they make.

You have not been convicted it will show that you were discharged.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Customer: replied 4 months ago.
PS. I have been convicted but was discharged. So will the police disclose this conviction knowing I have been discharged.
Expert:  Leon replied 4 months ago.

Yes they have to disclose it.

Expert:  Leon replied 4 months ago.

Good Morning.

If there is nothing further please do not forget to rate my work