Can a Criminal Charge Affect Your Job in Australia?
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Quick Answer
Yes, a criminal charge can affect your job in Australia, even before you are convicted.
The impact depends heavily on the distinction between being charged (the allegation is made but the matter is unresolved) and being convicted (the court has formally recorded a finding of guilt). Disclosure obligations, employer rights to dismiss, and the protections available to you differ significantly between the two.
The Crucial Difference: Charged vs Convicted
This distinction matters more than most people realise.
Status | What It Means | Typical Employment Impact |
Charged | You have been accused of an offence, matter is before the court | Generally does not appear on a standard police check. Disclosure obligations depend on contract and industry |
Convicted | The court has found you guilty and recorded a conviction | Appears on a standard police check until spent. Broader employment impact |
Found guilty, no conviction | Court found the offence proven but did not record a conviction (Section 10 / CRO without conviction) | Generally does not appear on a standard police check. Minimal employment impact |
Most employers conduct a National Police Check, which only discloses recorded convictions and any active CRO without conviction. A pending charge on its own usually does not appear.
Do You Have to Tell Your Employer About a Charge?
In most cases, no, unless one of the following applies:
- Your employment contract or Code of Conduct requires disclosure of charges
- Your role is covered by a professional registration body (doctors, nurses, lawyers, teachers, financial advisers)
- Your role requires a Working with Children Check or NDIS worker screening
- Your role requires a security clearance or firearms licence
- The charge is directly related to your work (for example, a fraud charge involving workplace conduct)
If you have an obligation to disclose and fail to do so, the non-disclosure itself can be grounds for dismissal, separate from the underlying charge.
When Can an Employer Dismiss You Over a Charge or Conviction?
An employer cannot automatically dismiss you simply because you have been charged or convicted. Under Australian employment law, dismissal must be connected to the inherent requirements of the job.
Legitimate grounds for dismissal:
- The offence is directly related to the work (theft from the workplace, fraud, violence against colleagues)
- The offence prevents you from performing your job (losing a licence you need to drive, for example)
- The offence results in loss of a professional registration or statutory check
- The offence causes significant, demonstrable reputational damage
- You failed to comply with a legitimate disclosure obligation
Usually not legitimate grounds:
- A charge that has no connection to your role
- A minor offence committed in your personal time
- A spent conviction
- Any matter that bears no real link to the inherent requirements of the job
The Fair Work Commission considers whether there is a valid reason related to the employee’s capacity or conduct, and whether the dismissal is harsh, unjust, or unreasonable.
Industries Where a Charge Can Have Immediate Impact
Some industries are far more sensitive to criminal charges, even before conviction.
Industry | Why It Matters |
Healthcare | AHPRA registration requires disclosure of charges. Suspension from practice is possible |
Education and childcare | Working with Children Check can be suspended or revoked based on pending charges |
Legal profession | Admission and practising certificate obligations require disclosure |
Financial services | ASIC registration and Fit and Proper Person tests, fraud-related charges particularly sensitive |
Government and public sector | Security clearances can be suspended pending resolution |
Aviation, maritime, transport | Licensing bodies may suspend credentials during proceedings |
Security industry | Licences can be cancelled on the basis of charges alone |
Taxi and rideshare | Authorisation can be suspended immediately |
In these fields, an employer or regulator often does not wait for the court outcome.
What About Working with Children Checks?
A Working with Children Check (WWCC) is broader than a standard police check. It can access your full criminal history, including pending charges, not guilty findings, Section 10 dismissals, and some spent convictions. This means a WWCC can be refused or cancelled based on a charge alone, even where no conviction has been recorded.
Protections Against Discrimination
Under the Australian Human Rights Commission Act 1986 (Cth), discrimination in employment on the basis of an irrelevant criminal record can be investigated as a breach of human rights. The key test is whether the criminal record is relevant to the inherent requirements of the job.
- Tasmania, ACT, Northern Territory: Specific anti-discrimination protections for criminal record
- NSW, Victoria, Queensland, South Australia, Western Australia: No specific state protection, but federal Human Rights Commission process available
- Fair Work Act 2009 (Cth): Unfair dismissal protections can apply regardless of state
The protection is not absolute. Employers can lawfully consider a criminal record where it is directly relevant to the role.
Final Thoughts
A criminal charge can affect your job in Australia, but it does not automatically end a career. The impact depends on the nature of the charge, the nature of your work, and whether disclosure and dismissal obligations apply. For most people in most roles, a charge alone does not justify dismissal. For those in regulated industries or roles requiring checks, however, the consequences can be immediate and serious, even before conviction.
Frequently Asked Questions
Does a criminal charge show up on a police check in Australia?
Not usually. A standard National Police Check discloses recorded convictions and active Conditional Release Orders without conviction. Pending charges generally do not appear on a standard check, though they can appear on broader checks such as Working with Children Checks.
Do I have to tell my employer if I have been charged?
In most cases, no. You only need to disclose if your contract, Code of Conduct, professional registration, or role-specific check requires it. Failing to comply with a genuine disclosure obligation can itself be grounds for dismissal.
Can I be fired for being charged with a crime?
Not automatically. Dismissal must relate to the inherent requirements of your job. An employer can lawfully dismiss you if the charge is directly connected to your work, prevents you from performing your duties, or causes significant reputational damage. A charge with no connection to your role is generally not a valid reason.
Will a charge affect my professional registration?
Yes, if you work in a regulated profession such as medicine, law, teaching, or financial services. Regulatory bodies usually require disclosure of criminal charges and can suspend registration pending the outcome.
What if my charge is dropped or I am found not guilty?
If the charge is withdrawn, dismissed, or you are found not guilty, it generally will not appear on a standard police check. You are usually not required to disclose it afterward, unless you are applying for a role requiring broader checks such as a Working with Children Check.
Can an employer access court records directly?
Most employers rely on a standard National Police Check, which does not disclose pending charges. However, some employers in sensitive industries may conduct broader background checks that access additional information.
Can I be refused a Working with Children Check for a charge alone?
Yes. A WWCC can access your full criminal history, including pending charges. A relevant charge can result in refusal or cancellation of the clearance, even where no conviction has been recorded.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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