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Criminal Records and Clearance Checks

Many employers will not employ a person with a criminal record, particularly where an offence involves an element of dishonesty. It is, however, unlawful to impair equality of opportunity or treatment in the workplace because of an irrelevent criminal record, see Irrelevant criminal record.

In addition, the dismissal of an existing employee because of a conviction may give rise to an application for unfair dismissal if the conviction is not relevant to the employee's work, see employment: unfair dismissal.

See COURT - CRIMINAL MATTERS, Effect of criminal convictions, Duty to disclose charges proved, Criminal records, Spent convictions.

Some convictions may affect license holders and registered professionals, and both charges and convictions may be assessed for the purpose of working with children checks and Working with people with disability NDIS checks.

Criminal Records and Clearance Checks  :  Last Revised: Mon Feb 10th 2020
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.