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NSW Job Application - Can I Declare No Conviction under Criminal Law?

Discussion in 'Criminal Law Forum' started by Ashlat1, 10 September 2015.

  1. Ashlat1

    Ashlat1 Member

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    Hello, I received a section 10 a couple of years ago and I am now filling out my application to teach. Can I declare no conviction under the Criminal Records Act 1991 of Criminal Law?

    Thanks
     
  2. Chris Aylward

    Chris Aylward Member

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    Yes, provided the question is whether you have any criminal convictions and not whether you have ever been charged with a criminal offence.
     
  3. Sophea

    Sophea Well-Known Member

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    Hi Ashlat1, I agree that it depends on how the question is asked. If you got a "section 10" for an offence and no conviction is recorded), depending on how its worded, you don't need to disclose the guilty finding.

    A 'section 10' is actually defined by legislation as a conviction that becomes immediately spent upon its making and therefore has the same status as spent convictions - (which is that they do not need to be disclosed). Therefore even if a prospective employer were to ask you about any prior findings of guilt or section 10s, you don't have to disclose it as long as any conditions or bond attached to your section 10 have expired.
     

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