QLD Police employment check

[GavenA12]

Hi

I am needing to do a police check soon for my new employer however I also have a court appearance soon also due to driving without a licence on a second Occassion (hadn't yet renewed the licence) is it best to do the check now before the court appearance and it won't come up with anything regarding this matter and no need to mention it or will it show as pending court appearance?? Or should I do the police check after the court appearance if possible and maybe they won't put it on my record (up to the magistrate obviously) but if they do put it on my record then it will show?? Really wondering if it does come up as pending court appearance or it won't show anything at all prior to the court appearance ??

 

[Tim W]

What you are actually asking is
"Should I conceal my offence from my new employer?"

My suggestion --> No.

 

[GavenA12]

Everyone has said there's no need to mention it unless it is an issue relating to the actual job and most traffic type offences don't affect a job that doesn't involve driving etc ? And to seek advice and this is what you say? Wow

 

[Tim W]

And just who is "everyone"?

Look at it this way...

1. As an employee, you have a duty of good faith toward your (prospective) employer.
   (in other words, to be honest with them);
   
   
2. Your (prospective) employer is entitled to satisfy her/himself that you are
   a person of sufficiently good character to be employed in her/his enterprise.
   That's why the police check;
   
   
3. You are considering being dishonest toward your (prospective) employer
   by concealing your current prosecution;
   
   
4. Is item three consistent with item 1?
   I say "no".

 

[GavenA12]

Everyone includes other lawyers! I just wanted to gain a second opinion. The person is not a horrible character because of a driving without having paid a renewal of their licence. A person is a horrible person for r**e or murder. Pretty sure It's not hard to know the difference between simple errors and ones that make someone a bad character. Your advice seems not in line with what legal aid have advised.

 

[Tim W]

I hope you do get the job.
And I hope you get to keep it, at least for a while.

 

[Rob Legat - SBPL]

Many jobs either require an employee to have a drivers licence or give preference to those that do. While it may not be a direct part of their job, it may be an adjunct requirement or simply to ensure they are able to get to and from work, as public transport in Queensland is generally woeful in comparison to other places.

 

[Jermy]

I don't know the background of your case and your driving record. If you are of good character, then this will be no issue at all to disclose to your employer. All humans make mistakes, your is an ordinary mistake and should not be a problem. I will tell you what I would do: I will tell the employer and inform them that I am working to resolve it for the following reasons: as some stated above to be honest with your new employer (if you get the job), second, if your job relies on having a licence or it does not, you may in future need to required to drive, and if that need comes up in future and you state that surprise then it will be negative on you and will destroy your character within the organisation and would make things hard to you in the future. As stated, your issue is not a bad thing (like robbery or hurting people) but an ordinary matter and you can say that you had issues which made you forget to get to it.

Hope that helps.