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Home Blog Do Good Behaviour Bonds Show up on a Police Check?

Do Good Behaviour Bonds Show up on a Police Check?

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Start a new Police Check

The police check is an "inevitable" document to employers, agencies and even NGOs. It is a major part of Australia's plan to ensure a safe, healthy and secure environment for the community. Although individual States and Territories may have few variations in the spent convictions scheme, it is a nationwide legal revealing document.

Applicants can obtain their police check online via the Australian national character check website. Most national police checks are dispatched within 24 hours with the remaining that get referred for manual processing taking longer.

What shows up in a Police Check?

A police check result contains all the criminal convictions, including pending charges of an individual under the State's legislation. The conviction report is updated at the time when the individual requests for their results.

Some records you will find on a police check are;

Good Behaviour Bonds (depending on the conditions); Section 10(1)(b) and Section 9 convictions show up in a Police Check result.

What are the conditions for a Good Behavior Bond (GBB)?

A court can decide to order lesser conditions in place of your penalties for “less serious” offences under the Crimes (Sentencing Procedure) Act 1999. These Good behaviour bonds can last anywhere between 2 and 5 years depending on the conditions and the severity of the offence you commit.

Where a Jail sentence is given, the court can impose a GBB depending on factors like;

What are the conditions for a Good Behaviour Bond?

Under the Crimes Act 1999, the legislation prescribes 3 different types of Good Behaviour Bonds;

  1. Section 9 Good Behaviour Bond
  2. Section 10 Good Behaviour Bond
  3. Section 12 Good Behaviour Bond

It also stipulates the conditions guiding any of these varying Sections of Good Behaviour bonds as;

A good Behaviour bond;

Whether a Good Behaviour Bond will appear temporarily or permanently on your police check result depends on what type the Court grants you.

  1. Does a Section 9 Good Behaviour Bond show in my Police Check?
  2. The Court can issue a Section 9 Good Behaviour Bond even when they pronounce the person guilty of the offence and record the conviction against them.

    Will it show in the Offender’s Criminal records?

    Yes, a Section 9 Good Behaviour Bond (GBB) will show in a police background check result as well as their criminal records. It shows up as a disclosable court outcome and It will show the;

    • Date of offence
    • Conviction Date
    • Conviction Date

    When does the court grant a Section 9 GBB?

    Usually, the party may not know the Section of GBB they qualify for. However, the court will grant a section 9 GBB for any of the following offences;

      ✔ For first offenders, people with good characters (almost zero convictions history)

      ✔ Very Young or old offenders, one with intellectual disability, mental health issues

      ✔ Relatively minor offences

      ✔ Where there is an extenuating circumstance (emergency, provocation, lack of understanding)

      ✔ The person is not likely to reoffend

      ✔ The offender shows remorse

    Some examples of conditions for a section 9 Good Behaviour Bond are;

    • Drug and Alcohol counselling for such related abuses
    • Attending a traffic offenders program
    • Counselling for psychological issues like anger management
    • Non-association orders or place restriction orders

    However, these orders do not preclude options for other fines or conditions.

  3. Section 10 Good Behaviour Bonds (Dismissal of charges and conditional discharge offender)
  4. In addition to not recording an offence for this type of Good Behaviour bond, the court will include the following orders;

      ✔ The relevant charge be struck out

      ✔ Grant the person a Section 10 GBB with the person entering a Good Behaviour bond not more than 2 years.

    The court usually considers the following factors carefully before granting a Section 10 bond;

    • The Character, criminal history, age, mental condition, and any other causing defect of the person
    • The triviality of the offence
    • The extenuating circumstances surrounding the offence
    • Other factors and evidence the court deems appropriate

    Will a section 10 show up in a National Criminal History Check?

    If the court grants you a section 10 Good Behaviour Bond, it means there is no criminal record against you for that offence. And it will not show up in your National Criminal History.

    As long as the offender abides by every condition of section 10, the charges will be dismissed, and the offences will never show up on a National Criminal History Check.

    However, the court is authorized to carry out any of the following of you breach a section 10

    • Revoke a good behaviour bond
    • Convict and sentence the offender for the original offences
  5. Section 12 Good Behaviour Bonds (Suspended Sentences)
  6. The court can grant an offender a Good Behaviour Bond instead of their imprisonment order. However, the imprisonment term must not be older than 2 years for the offender to qualify for this type of Good Behaviour Bond.

    This type of Good Behaviour Bond is known as the Suspended sentence term or a Section 12 Good Behaviour Bond.

Some of the condition that follows a section 12 GBB order are;

Suspension of the execution of the period (not exceeding the original term of the imprisonment) as the court specifies in the order.

Directing that the offender is released from custody once they enter the Good Behaviour Bond.

Offenders must know that section 12 does not translate to an alternative to imprisonment. It is another name for a suspended imprisonment period.

Does a Section 12 GBB show up in my National Criminal History check?

Since section 12 is only a suspension for an offence the court finds you guilty of, it will show up in a national criminal history/Police background check.

Some offences that can attract a section 12 GBB are;

As seen in the example above, section 12 is only given in serious matters. It follows that;

Wrapping Up

A good Behaviour bond is a way for offenders to have their imprisonment term suspended, or stopped, more like an act of mercy for an offence they are found guilty of.

However, offenders who breach the term of their Good Behaviour bonds will get the maximum penalty starting from the term of revocation. Such offences will in most circumstances show up in a national criminal history check.

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