The Law Handbook 2024

Chapter 3.9: Understanding criminal records 253 Note that a person who has been found guilty of these offences, but has not had a conviction recorded, is not disqualified from being appointed. A person with a relevant criminal history may apply to be appointed with the permission of ASIC or a court. The rules for being a trustee of a charity that is registered with the Australian Charities and Not- for-profits Commission ( ACNC ) are the same as for being on the board of a company. If a charity wants to appoint a person to their board who would not normally be allowed to serve because of their criminal record, it can appeal to the ACNC. The Associations Incorporation Reform Act 2012 (Vic) does not necessarily disqualify a person with a criminal record from acting as an office holder or committee member of an incorporated association, however their office is vacated if they are subsequently disqualified from managing corporations (s 78(2) (c)(iv)). Individual organisations may also apply restrictions on who can act as an office holder in their rules of association or constitutions. Fundraising activities A criminal record may affect a person’s ability to organise fundraising. Fundraisers must be registered and comply with the Fundraising Act 1998 (Vic) (‘ Fundraising Act ’). A person cannot be registered as a fundraiser if they have been found guilty of a disqualifying offence in the 10 years before applying for registration. Disqualifying offences include fraud, dishonesty, violence, and drug-trafficking offences punishable by at least three months in jail, or offences under the Fundraising Act. A person’s criminal record may affect their ability to participate in the management of charities that fundraise. However, some organisations are exempt from the requirement to register as a fundraiser (e.g. educational institutions, religious bodies, health agencies and trade unions). Victims of crime payments The Victims of Crime Assistance Tribunal may limit an award of financial assistance to a person having regard to their criminal history (s 54 Victims of Crime Assistance Act 1996 (Vic)). Insurance There is no legislation that prohibits people with a criminal record from obtaining insurance, or that restricts insurers from offering it. Insurers are entitled to ask about your criminal history when you apply for insurance and you must answer any questions honestly. The impact of a person’s criminal record depends on the type of insurance sought and the insurer’s underwriting guidelines. However, an insurance contract is unenforceable if the insured did not disclose their criminal history when asked by the insurer. Contacts Working with Children Check Unit Victorian Government Department of Justice and Community Safety Tel: 1300 652 879 Web: www.workingwithchildren.vic.gov.au Victorian Equal Opportunity and Human Rights Commission Tel: 1300 292 153 Web: www.humanrights.vic.gov.au