NSW AHPRA Registration - Disclose Dismissed Charges of Criminal History?

[Debra1990]

A few years ago, I was charged with assault causing actual bodily harm. These charges were dismissed under a section 32, mental health act and no finding or admission of guilt was given.

Since this time I have studied to become a podiatrist. I have had my criminal record check for uni and nothing came up, however, I will be applying for AHPRA registration and they ask for criminal history check. Does this mean I have to tell them about my background? Even if charges were dismissed?

 

[Tim W]

The ethical course of action would be to disclose
both your illness (especially if chronic),
and your criminal matter, yes.

Even if the Podiatry Board don't care about the offence,
or that it was dealt with under section 32, they could well care about any failure to disclose.
This is, I suggest , because while the offence itself, in this case,
is not an indicator of your character, and therefore of your fitness to practice,
the concealment could be.

Consider, for example, how concealing your illness and your criminal matter
could be inconsistent with clause 1.2 of the Podiatry Board Code of Conduct
(the bit about being "ethical and trustworthy")

 

[Debra1990]

Thanks a lot. I rang AHPRA and they said disclose it, however I also rang my lawyer who said not to. I think it is good to be honest. Just hoping this won't ruin my chances of finding employment, as charges were dismissed and no guilt was ever found.

Has anyone had experience with Section 32 and finding employment difficult?

 

[Tim W]

Thanks a lot. I rang AHPRA and they said disclose it, however I also rang my lawyer who said not to. I think it is good to be honest. Just hoping this won't ruin my chances of finding employment, as charges were dismissed and no guilt was ever found.

Has anyone had experience with Section 32 and finding employment difficult?

Well, given that AHPRA (and/or the Podiatry Board), not your lawyer,
is the entity making the decision about your application,
you should probably take their advice.

As a question of personal and professional ethics,
you have a choice to make.
You can either start your career with an act of dishonesty,
or with an act of integrity.