Please be ready with your application reference number starting with 'P'. For example P1234567
It is quite understandable why lots of people are worried whether a Diversion Program (or some other offence) will show up in their Police Check. Of course, we are talking about a document that has become important in important sectors like;
Diversion Programs are not included in a police check result. In fact, after the completed hearing at the court, your criminal records for a Diversion Program will just be as if you never had anything to do with the court.
A Diversion Program is just the same as an official warning or caution. And warnings don't show in your Police Check records irrespective of the restitutions you had to make.
Some people wonder why a Diversion Program is not included in the criminal record even when it was issued by a court. However, you must take note that the Diversion Program is not the same as a conviction or penalty for crimes.
The Police Check can only contain convictions and other penalties given by the court and hence displays an individual's disclosable court outcomes in accordance with Australia’s spent convictions legislation.
The Police Check is a nationwide scheme that discloses all of a candidate's dealings with the Australian Judicial system. It contains records of all convictions, findings of guilt, pending charges, sentencing, imprisonment term, including details of the conviction.
Simply, the Police Check contains results/sentencing outcomes given by an Australian court.
The Diversionary Program is an alternative to a conviction, The Magistrate or Judicial registrar issues it to an offender instead of a conviction. However, the court does not grant a diversionary program for all types of offences. They consider some factors before issuing a Diversionary Program.
Some of the conditions that must be in place before the court will receive an application to have a diversionary program issued are;
Only when the offence meets this criterion, and the offender satisfies all other prescribed conditions will the court grant a diversion program.
If you have submitted your national criminal history check to your employer, you no longer have to reveal anything personal to them. Your Police Check advises them on your relevant legal standings and interactions with the law. The Law supports that you do not disclose your diversion programs to any other person.
However, if the court or the law makes it mandatory for an applicant to reveal any details of a Diversion program for a role, then you can disclose it to the party.
If you are lucky to get a diversion program for your offence, then abide by the conditions for that program. And this includes other punishments that were initially imposed.
If the Police/Magistrate issues a license disqualification, fines, or other penalties, the offender must satisfy them. The conditions of your Diversion Program may include;
Even when the victim accepts a diversion hearing instead of a normal proceeding, the Magistrate can still deny it. The court will only grant a diversion program where;
If the court refuses an application for the Diversion Program, the court will revert to the original charge and hear the case. And if the court finds you guilty, it will show up in your criminal background check result.
Some offences are downrightly not eligible for Diversion Programs, and these offences are;
Rather than Diversion Programs being included on a Police Check, the following offences are shown on police check results:
Some offenders may decide to take the humble route and plead guilty to the charges in court. It can make the magistrate impose lesser punishments and give them non-conviction sentencing.
However, a non-conviction sentencing will still show on a Police Check. A non-conviction sentencing is quite different from applying for a Diversion Program.
A Diversion Program is expunged from the Police/Criminal records as long as you maintain good behaviour.
A Non-Conviction no matter how benign will still be disclosed in your criminal record check certificate.
No, there is a limit to the Diversion Programs the court can grant you. If you cross the threshold, the court will properly convict you for future offences.
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