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Criminal history check

Discussion in 'Accounting, Tax & Legal' started by TryHard, 25th Apr, 2006.

  1. TryHard

    TryHard Well-Known Member

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    863
    Hi all

    I was wondering if anyone knows the legalities of checking the criminal history of an individual. I have been told from a reasonably reliable source that someone active in financial services sector (no one associated with us or anyone we have used I am pleased to say) is a convicted embezzler with a charge that dates back about 20 years. Basically I would be more comfortable (given people I know have used or intend to use the person's services, and in fact the person's services are quite aggressively marketed to people "like us") if I knew for certain if this is fact or fiction. As far as I can see the Queensland police (its a Queensland crime as I understand it) will only let the actual criminal perform a criminal history check (now THAT makes sense !)

    Anyone know if its possible to check the criminal history of an individual (I assume this is what employers do for certain situations) ?

    I also wonder what obligation the person has to make known the past history if they are in the financial services industry, or what someone who has that information can legally do to let people know ? I assume there is some statute of limitations or whatever you call it, that allows them to operate after a certain timeframe has passed, and presumably after so much time has passed the leopard may well have changed its spots, so I wouldn't want to cause them unnecessary trouble. Mind you I would want my friends and family to be aware of the situation if it is true, so they can make up their mind while being fully informed.

    Just a weird legal one to end Anzac Day on. Any ideas ?

    Cheers
    Carl
     
  2. Nigel Ward

    Nigel Ward Team InvestEd

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    Hi Try

    I had to look at this question ages and ages ago in the context of a defamation action where somebody slandered another alleging the person was a known crim with "form".

    From vaguest memory there was legislation in Qld which basically said that once a certain number of years has elapsed after conviction for certain offences, they cease to "exist" as if they never happened so that person can "legally" at least (moral issues aside) assert to prospective employers and others that they do NOT have a criminal record.

    Seemed mighty odd to me at the time... :confused:

    I'll try to look it up when I have time :rolleyes:

    Cheers
    N.
     
  3. TryHard

    TryHard Well-Known Member

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    Heh - thanks Nigel. Damn I wish that concept worked in all aspects of life. If my past behaviour at certain social functions could be 'expunged' I'd have a lot less pressure from the missus ... (although she quite rightly points out I have a high likelihood of 'reoffending' ;-) )

    Cheers !
    Carl
     
  4. Nigel Ward

    Nigel Ward Team InvestEd

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    Recidivism of social malapropisms is a real issue... :cool:

    It's coming flooding back to me now... Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld)

    If only I could put my memory to use for useful things...:rolleyes:
    N
     
  5. TryHard

    TryHard Well-Known Member

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    Not sure if this is a current copy http://203.19.232.150/LEGISLTN/CURRENT/C/CriminLwRehA86.pdf but I'd say this sounds right - once 10 years expires, its as if the conviction never existed.

    Wow, so a person can be (allegedly) a convicted embezzler and then operate an organisation investing other people's funds. That's way too scary.

    Sounds like I will keep my story for barbeque conversation in a non-litigious context ;-)

    Thanks again Nigel.
    :)
    Carl
     
  6. Dave

    Dave Well-Known Member

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    Hi,

    I've heard somewhere that they can apply to have the record erased after 3 or 5 years. Anyone heard anything similar?

    Ta,
     
  7. Bob

    Bob Well-Known Member

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    spent convictions

    This might help

    Spent Convictions Scheme
    The Commonwealth Spent Convictions Scheme came into force on 30 June 1990 under Part VIIC of the Crimes Act 1914 (Cth). The scheme allows a person to disregard some old criminal convictions after ten years (or five years in the case of juvenile offenders) and provides protection against unauthorised use and disclosure of this information. It covers convictions for minor federal, state and foreign offences, with the protections available varying according to which type of offence (federal, state or foreign) gave rise to the conviction. The scheme also covers pardons and quashed convictions.

    There are some exclusions from the scheme, but they are very limited. The Privacy Commissioner may also advise the Minister about whether requests for complete or partial exclusions from the application of the scheme should be granted.

    Bob
     
  8. Bundy

    Bundy Active Member

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    Mermaid Beach
    The Privacy Act does not allow persons to conduct criminal history checks on other persons.

    An employer however can request a criminal history check from a prospective employee.

    The prospective employee can then agree to this. They then attend a Police station and complete the appropriate paperwork and pay a fee. Depending on the type of check (National/State) they may be required to provide their fingerprints. Once the appropriate checks have been completed, the Criminal history check is sent to the applicant.

    It is then up to the applicant who they disclose this information to.

    Criminal Histrory checks are generally done for Government, financial, medical jobs, also persons who work with juveniles to obtain a blue card.

    Personally, I wouldn't be worried about someone who was charge with an offence 20 years ago. Time frames for offences on criminal histories depend on the type and seriousness of offence one was convicted for.... IE MURDER would not dissappear. :eek:

    Hope this helps

    BUNDY
     
  9. TryHard

    TryHard Well-Known Member

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    Thanks Bundy

    20 years is a long time I agree. My only major concern was the mix of 'convicted embezzler' and 'financial advice'. Mind you, I guess I wouldn't like my wife to judge me by the way I used to behave with girlfriends 20 years ago :p You do learn something from your mistakes, I'm sure.

    Cheers !
     
  10. Bundy

    Bundy Active Member

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    MMMMmmmmmmmmmmm, :rolleyes:

    I agree Tryhard!!!!!!! Well said!!


    The smart ones learn from their mistakes, the others........................


    BUNDY