If you have pleaded guilty or been found guilty after hearing of a criminal offence, that conviction, even where no conviction was recorded, can often still have an impact on your life as there are situations where you are required to disclose it. Below are some examples of how you may be impacted if you have been convicted of an offence. This is not intended to be an exhaustive list of all aspects of your life that may be impacted.
Insurance Policies
Having a criminal conviction can impact how much you pay in insurance. There are two things that can happen when applying for insurance with a criminal conviction, either:
- Companies will not grant you insurance, or;
- They will, but at a higher rate
The reasoning for this is because insurance companies view you as being a greater risk as a policy holder. All convictions are of concern to insurance companies, regardless of the nature of the crime.
Blue Cards
A criminal record can have an impact on whether you can hold a blue card in Queensland. To be granted a blue card, the Blue Card Services will consider:
- Any charge or conviction of any offence in Australia, even if there is no conviction recorded
- Any child protection prohibition orders
- Disciplinary information from certain organisations (such as Teachers Board etc.)
- Police reports into child sex offences
If you have been convicted of a serious offence, you are still able to apply for a blue card. Once your application has been received, a blue card check will be conducted and examin whether you are eligible to be working or volunteering with children. You will be asked to make a submission to support your application. If your application has been approved, then you will be given a blue card.
If you already hold a blue card you will likely receive a show cause notice and be required to make a submission as to why your blue card should not be revoked. In some cases your blue card will be immediately suspended or cancelled, of which you will receive notice.
If your application is refused, or has been suspended or cancelled, then you will not be issued a blue card and you will not be able to work or volunteer with children. You must stop all regulated work until a further working with children clearance is issued. This means you must not:
- Apply for, start or continue in child-related work of any kind (paid or voluntary)
- Run a child-related business regulated by the blue card system
Engaging in either of these things means you will be committing an offence that carries a maximum penalty of up to $66,725 or 5 years imprisonment.
Weapons Licence
A criminal conviction can have an impact on having a weapons licence. If you have been convicted of any of the following offences, then you will no longer be a fit and proper to hold a firearms licence for a period of 5 years:
- An offence relating to the misuse of drugs
- An offence involving the use or threatened use of violence
- An offence involving the use, carriage, discharge or possession of a weapon
Many criminal offences, including offences that could be considered as minor (such as common assault or possession of a small amount of cannabis) have the potential to have an impact on whether you can hold a firearms licence.
Security Licence
In Queensland, you will be unable to get or hold a security licence if you have committed any of the following offences within the last 10 years:
- Any offence set out in Schedule 1 of the Criminal Code – Eg. Murder, rape, stealing, fraud, armed robbery, dangerous driving etc.
- Any weapons offence that is punishable with a minimum of 1 year imprisonment – Eg. Possessing firearms without a licence, dangerous conduct with weapons etc.
- Any drug offence with minimum 1 year imprisonment – Eg. Possessing/Producing/Supplying dangerous drugs etc.
- Certain offences involving police – Eg. Impersonating a police officer or possessing police property
- Terrorism
- An offence listed in Schedule 1 of the Penalties and Sentences Act 1992 Schedule One– Eg Robbery, riot etc.
If you have been convicted of a similar or equivalent offence outside of Queensland, you will still be unable to obtain a security licence.
If you already had a licence before committing these offences, it will automatically be cancelled. You will not be able to appeal the cancellation and you will be penalised if you continue to work while unlicensed.
Taxi Licence
If you have been charged with a traffic related offence such as drink-driving, reckless or dangerous driving etc, it will have an affect on your ability to obtain your taxi licence. Taxi companies have the grounds to refuse your application for a taxi licence if you have an unsuitable criminal and traffic history. It is important that you declare your criminal and traffic history when applying for your licence.
The Information Bulletin PT17 Driver Authorisation – Effect of a Driver Disqualifying Offence states that the Department of Transport and Main Roads has the responsibility to maximise the confidence and safety of the public by ensuring that all drivers of public passenger vehicles are suitable and have regard to all member of society. To read more, click here.
Travelling
Persons with a criminal record can travel to Australia with a criminal record, as long as they follow the proper procedure and meet the requirements. Anyone that has previously been convicted of a minor offence who has not been sentenced to a term of imprisonment, may complete the relevant forms to apply for an Australian visa. However, anyone that has a substantial criminal record may not apply for an Australian visa as foreigners must meet the character requirements. A substantial criminal record when applying for an Australian visa, refers to if the person has been sentenced to a total of 12 months imprisonment or more.
A persons application for an Australian visa may be denied if there is a risk that they might:
- Engage in criminal conduct
- Harass, molest, intimidate or stalk another person
- Be a danger to Australian community
- Incite discord in Australian community
You can still travel to certain countries if you have a criminal history, but it can be quite difficult. Countries such as Canada, Japan, New Zealand, United States and more do not grant visas to persons with a criminal record. Some countries, such as, the Philippines, Mexico, Brazil, Turkey etc. allow people with a criminal conviction to enter their country.
VISA Applications
As per sections 201 and 501 of the Migration Act 1958, if someone is holding a visa and has committed a crime, it can result in their visa be cancelled and the holder to be deported. If you are holding a visa, you can be deported if you have been:
- A permanent resident for less than 10 years (can add periods of time together – doesn’t have to be a continuous 10 years)
- Convicted of an offence where the penalty is life imprisonment or a period of more than one year
If you are applying for an Australian visa, you must declare any and all criminal convictions however minor and regardless of how long ago they occurred. If you lie about your criminal convictions, it could result in your visa being refused.
Applying for Jobs
A criminal conviction may prohibit you from certain career paths. For example, the difficulty in obtaining a blue card would exclude several career paths. It can also have an impact on other professions that are regulated, such as Lawyers or Doctors. The requirement to declare your conviction can vary for each employer so it is important to consider job applications and questions carefully and seek legal advice if you are unsure.
This post contains general advice only and is not intended as legal advice.
