The Law Handbook 2024

252 SECTION 3: Fines, infringements and criminal law • have been charged with, or at any time been found guilty of, certain offences listed in the WS Act (s 64 and schedule 4) or any other offence not listed. Category C applications must be granted unless the DJCS Secretary is satisfied that: • giving the WWC clearance would pose an unjustifiable risk to the safety of children; or • a reasonable person would not allow their child to have direct contact with the person while they were engaged in any type of child-related work; or • the person’s engagement in any type of child- related work would pose an unjustifiable risk to the safety of children. In making this decision, the DJCS Secretary is required to consider various factors set out in section 65 of the WS Act. A list of relevant offences for each category of applicant is on the Working with Children Check Unit website (www.workingwithchildren.vic.gov.au) . More information For more information about working with children checks, visit www.workingwithchildren.vic.gov.au. What else can be affected by a criminal record? Jury service A person is disqualified from jury service if they: • have ever committed an offence that carries a maximum penalty of life imprisonment; • have been sentenced to imprisonment or detained in a forensic hospital for three years or more; • have in the last 10 years been detained or imprisoned for three months or more; • have in the last five years been detained in a youth justice centre or youth residential centre, been detained or imprisoned for less than three months or been on a community correction order; • have in the last two years been put on a recognisance to be of good behaviour; or • are currently subject to bail. This is not a complete list; there are other circumstances that may disqualify a person from serving as a juror. The complete list of circumstances is set out in schedule 1 of the Juries Act 2000 (Vic). Seek legal advice if you are unsure. Going overseas Some countries require you to disclose past arrests or convictions on visa applications. The country you apply to enter will automatically check your criminal record whether or not you disclose a conviction. An international listing of criminal records (the ‘movement alert list’) is checked. Most countries, including Australia, add offences committed by their citizens to the list. All countries have access to this list when processing visa and migration applications. Holding public office Having a criminal record may impact your ability to hold a public office. A person is disqualified (for seven years) from becoming or remaining a councillor in Victorian local government or a member of state parliament if, when aged over 18, they are convicted of an offence under Australian law that carries a maximum penalty of at least five years in jail. A person is disqualified from holding a seat in federal parliament if they have been convicted of an offence that is punishable by at least one year in jail, regardless of the actual penalty imposed. Committees of management and corporation boards People with criminal records cannot be appointed as directors and office holders of corporations under the Corporations Act 2001 (Cth) if they have been convicted of an indictable offence that: • concerns the making, or participation in the making of decisions that affect the business of the corporation; or • concerns an act that has the capacity to affect the corporation’s financial standing. A person is also disqualified from managing a corporation if they are convicted of an offence that: • is a contravention of the Corporations Act 2001 (Cth) and punishable by at least one year in jail; or • involves dishonesty and is punishable by at least three months in jail; or • is an offence against the law of a foreign country and is punishable by at least one year in jail.