The information on this webpage is to be read in conjunction with this disclaimer:
Australian National Character Check (ANCC) makes every effort to provide updated and accurate information to its customers. However due to the continuously changing nature of legislations for the Commonwealth and various States and Territories, it is inevitable that some information may not be up to date. The information on the website is general information only. The contents on the website do not constitute legal or professional advice and should not be relied upon as a substitute for legal or professional advice. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, suitability, accuracy or availability with respect to the information.
The police check is an "inevitable" document to employers, agencies and even NGOs. It is a major part of Australia's plan to ensure a safe, healthy and secure environment for the community.
Applicants can obtain their police check online via the Australian national character check website. Most Nationally Coordinated Criminal History Checks are dispatched within 24 hours with the remaining that get referred for manual processing taking longer.
A police check result contains all the criminal convictions, including pending charges of an individual under the State's legislation. The conviction report is updated at the time when the individual requests for their results.
Some records you will find on a police check are;
Good Behaviour Bonds (depending on the conditions); Section 10(1)(b) and Section 9 convictions show up in a police check result.
A court can decide to order lesser conditions in place of your penalties for “less serious” offences under the Crimes (Sentencing Procedure) Act 1999. These Good behaviour bonds can last anywhere between 2 and 5 years depending on the conditions and the severity of the offence you commit.
Where a Jail sentence is given, the court can impose a GBB depending on factors like;
Under the Crimes Act 1999, the legislation prescribes 3 different types of Good Behaviour Bonds;
It also stipulates the conditions guiding any of these varying Sections of Good Behaviour bonds as;
A good Behaviour bond;
Whether a Good Behaviour Bond will appear temporarily or permanently on your police check result depends on what type the Court grants you.
The Court can issue a Section 9 Good Behaviour Bond even when they pronounce the person guilty of the offence and record the conviction against them.
Yes, a Section 9 Good Behaviour Bond (GBB) will show in a police check result as well as their criminal records. It shows up as a disclosable court outcome and It will show the;
Usually, the party may not know the Section of GBB they qualify for. However, the court will grant a section 9 GBB for any of the following offences;
✔ Very Young or old offenders, one with intellectual disability, mental health issues
✔ Relatively minor offences
✔ Where there is an extenuating circumstance (emergency, provocation, lack of understanding)
✔ The person is not likely to reoffend
Some examples of conditions for a section 9 Good Behaviour Bond are;
However, these orders do not preclude options for other fines or conditions.
In addition to not recording an offence for this type of Good Behaviour bond, the court will include the following orders;
The court usually considers the following factors carefully before granting a Section 10 bond;
If the court grants you a section 10 Good Behaviour Bond, it means there is no criminal record against you for that offence. And it will not show up in your National Criminal History.
As long as the offender abides by every condition of section 10, the charges will be dismissed, and the offences will never show up on a Nationally Coordinated Criminal History Check.
However, the court is authorized to carry out any of the following of you breach a section 10
The court can grant an offender a Good Behaviour Bond instead of their imprisonment order. However, the imprisonment term must not be older than 2 years for the offender to qualify for this type of Good Behaviour Bond.
This type of Good Behaviour Bond is known as the Suspended sentence term or a Section 12 Good Behaviour Bond.
Suspension of the execution of the period (not exceeding the original term of the imprisonment) as the court specifies in the order.
Directing that the offender is released from custody once they enter the Good Behaviour Bond.
Offenders must know that section 12 does not translate to an alternative to imprisonment. It is another name for a suspended imprisonment period.
Since section 12 is only a suspension for an offence the court finds you guilty of, it will show up in a national criminal history/police check.
Some offences that can attract a section 12 GBB are;
✔ High Range Drink driving offences
✔ Driving during a disqualification period
As seen in the example above, section 12 is only given in serious matters. It follows that;
A good Behaviour bond is a way for offenders to have their imprisonment term suspended, or stopped, more like an act of mercy for an offence they are found guilty of.
However, offenders who breach the term of their Good Behaviour bonds will get the maximum penalty starting from the term of revocation. Such offences will in most circumstances show up in a Nationally Coordinated Criminal History Check.
The content on this website is communicated to you on behalf of Australian National Character Check™ (ANCC®) pursuant to Part VB of the Copyright Act 1968 (the Act).
The material in this communication may be subject to copyright under the Act. Any further reproduction of this material may be the subject of copyright protection under the Act.
You may include a link on your website pointing to this content for commercial, educational, governmental or personal use.
The contents of this website do not constitute legal advice and should not be relied upon as a substitute for legal or professional advice.
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