A criminal record can have serious and long-reaching consequences, particularly in the area of employment.
Public office
A person convicted of a serious offence can be refused the right to hold public office.
Deportation of non-citizens convicted of a serious criminal offence
Under the Migration Act 1958 (Cth), a person who is not an Australian citizen and who is convicted of an offence and imprisoned for at least one year, may be deported.
Loss of right to vote in Federal elections
Under the Commonwealth Electoral Act 1918 (Cth) [s.93(8)], a person who is serving a sentence of imprisonment for an offence punishable by imprisonment of more than three years loses the right to vote in Federal elections, although there is no loss of voting rights in State elections.
Jury service
Under the Juries Act 1927 [s.12] a person is disqualified from jury service where that person:
- has been convicted of an offence carrying the death penalty or life imprisonment as a maximum
- has been sentenced to imprisonment for more than two years
- in the previous ten years, has been imprisoned, detained in a youth training centre or been on probation or parole
- in the previous five years, has been convicted of an offence punishable by imprisonment or had a driver's licence disqualified for more than six months
- is on a current bond to be of good behaviour
- has a charge punishable by imprisonment waiting to be heard.
Licensees (e.g. liquor licence holders, second hand dealers, security guards)
For some licences, convictions for fraud or dishonesty offences may lead to revocation of a licence. Applicants for certain licences must be 'fit and proper' to hold a licence or be of good name or character, depending upon the wording of the relevant Act.
Some licences may be revoked if the holder commits certain types of offences - for example, a licensee of premises where liquor can be sold or consumed can be subject to disciplinary action where that person has been convicted of an indictable offence or an offence against the Liquor Licensing Act 1985 and the Licensing Court may revoke that person's licence.
Second hand dealers do not have to be licensed but may be disqualified from carrying on business as a second-hand dealer if convicted of an offence of dishonesty or an offence against the Second-hand Dealers and Pawnbrokers Act 1996 , s 6.
A criminal conviction may also affect security and investigation agents such as security guards, alarm installers, crowd controllers, investigators etc. The Security and Investigation Agents Act 1995 s 9(1)(b), provides that a person is entitled to be licensed unless convicted of certain criminal offences. The Commissioner for Consumer Affairs is prohibited by legislation from granting a Security Agents licence to an applicant if they have a conviction for an offence such as assault. It is possible to make an application to the Minister who has the power to grant an exemption under s 33 of the Security and Investigation Agents Act 1995.
Certain professionals, such as medical practitioners, legal practitioners, nurses and teachers must be registered or admitted to practise. Such professionals may be 'struck off' or be refused entry to the profession if convicted of certain offences on the basis that such a conviction means that person is not of good character.