Criminal records and NSW public sector employment
Criminal record checks for positions advertised as “public sector positions” are covered by chapter 2-15 of the Recruitment and Employment Guidelines in the Public Service Personnel Handbook. Other government positions may follow similar guidelines. The Guidelines say that checks should only be performed on the candidates who are to be offered positions. Generally, checks for convictions, other than sexual convictions, will only go back 10 years, but the Guidelines do not explicitly state this. Minor offences more than 10 years old may be spent convictions. However, even spent convictions must be disclosed when applying for certain positions of trust: legal officers (judges, magistrates), police officers, prison officers, and teachers.
The Guidelines give you an opportunity to discuss any conviction, usually with the human resources manager of the department before a final decision is made. Before a decision is made the department is to consider a number of circumstances, including the age of the conviction, your age at the time, number of convictions, the sentence imposed by the court and any extenuating circumstances. You could also give the department any positive character references from responsible people who are aware of your conviction.
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