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For Aussies: What Type of Offenses Are These?
In Australia, what are the following classified as? Can a person get a *criminal record* for any of the following?
- Driving a car and ignoring a red traffic light
- Travelling on a train without a valid ticket
- Failure to declare prohibited goods at an airport
In all cases the offender paid the fine, and was not brought to court. Criminal record? Any sort of record at all? How long will the record last?
I know they all carry a fine, but I don’t know what type of crime they are like:
- Infraction
- Summary Offense
- Indictable Offense
- Misdemeanor
- Infringement
- Dishonesty
I looked up Wiki but some apply to US Law, others English Law, some get a criminal record, some don’t, so confusing!
What I’m basically asking is: is it true you can *only* get a criminal record *if* you are convicted at court and nothing else (ie. paid the fine and NOT go to court).
Thanks in advance.
First off, in Australia, we don’t have “misdemeanour” or “felony” anymore. These distincitions were repealed in the 70s.
Indictable offences are SERIOUS offences, summary offences are MINOR. Most summary offences can be dealt with by a fine or caution; it’s only if you challenge the matter that it goes to court and you risk a finding of guilt or conviction.
Failing to declare at the airport, ie, Importing a prohibited import, is an indictable offence under the Customs (Prohibited Import) Act.
Travelling on a train without a valid ticket is an offence against the Transport (Regulations). If the offender paid a fine, no ‘criminal history’ will be available to civil employers. If it went to court, and you lost, there will be a record.
Running a red light is an offences against the Road Safety Act. Usually dealt with by an infringement notice, but same as above.
Now, in terms of you having a record… If none of these items went to Court, (eg you paid the fines, rather than a court date being set and you not showing up, which almost ALWAYS results in a conviction, which you may not even know you have) they are NOT findings of guilt or convictions. If you are presented with a State Police national criminal history check, you will tick ‘no’ to the relevant questions. If you are applying for a private sector job, they won’t be accessible.
If you are directly asked by your employer about matters of this nature, you must be honest with them, or risk dismissal if they’re found out later. Irrespective of the offence’s relevance to your employment, the fact that you have been dishonest may well be grounds for dismissal.
If however you are applying for a security protected job, eg Policing, Customs and similar, you will be asked about ALL your contact with Law Enforcement in Australia and abroad. And you best beleive that every time you have EVER had your name taken by police, or DOI authorised officers in the case of ticket infringements, or customs, your NNI (National Names Index) number received a little tag, indicating a field contact with you.
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