Now I'm intrigued and here's what I found.... Consent
Victoria Police does not release criminal history information to any organisation
outside the sphere of law enforcement and/or the administration of justice without
the individual’s written consent. In order to obtain a national police certificate an
individual must complete the appropriate application form, called ‘Consent to Check
and Release National Police Record ‘ and pay a fee. What will be released
Victoria Police release criminal history information on the basis of findings of guilt at
court, and will also release details of matters currently under investigation or
awaiting court hearing. It is important to note that a finding of guilt without
conviction is still a finding of guilt and will be released according to the information
release policy. Victoria Police release police records in accordance with any or all
of the following guidelines:
If the individual was an adult (eighteen years* or over) when last found
guilty of an offence and ten years have since elapsed, subject to
exceptions listed below, no details of previous offences will be released.
I'm not a lawyer but....what that means to me is the Vic Police wont confirm the conviction if asked, but IT IS NOT EXPUNGED.
It could be therefore incorrect for BIG to state that there was no "criminal record" because the record does remain, but they don't release it. If so they may have have breached the listing rules (1) and then made a false statement (2) but again I have no legal training and could be totally wrong.
The next question is if AFR can prove/provide court reported evidence that a criminal offence has occurred, is that enough for ASIC to take action? That one should keep the lawyers in Pinot Gris for some time.
BIG Price at posting:
$2.22 Sentiment: None Disclosure: Not Held
