Many employers will not employ a person with a criminal record, particularly where an offence involves an element of dishonesty. However, the dismissal of an existing employee because of a conviction may give rise to an application for unfair dismissal if the conviction is not relevant to the employee's work, see: Employment: unfair dismissal.
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 1997 (SA) 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 (SA) [s 6].
A criminal conviction may also affect security and investigation agents such as security guards, alarm installers, crowd controllers, investigators, etc.
Under the Security and Investigation Industry Act 1995 a person is excluded from having a licence if they are found guilty or convicted of a prescribed offence. A list of prescribed offences appears under regulation 6 of the Security and Investigation Industry Regulation 2011. For more details on what constitutes a prescribed offence see the Consumer and Business Services' factsheet 'Offences that prevent you from holding a licence').
This means that 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 Industry 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.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.