NSW When is a Section 9 spent (and not appearing in police checks for employment)?

[Worried...]

My friend's father was charged with a Section 9 (Good Behaviour Bond for 18 mths). The charges were:

(DOMESTIC) - T2
COMMON ASSAULT (DV) - T2

This occurred in 2015 and since then there has been no reoffences and after getting help, the family has been living in a safe, happy and sober environment - to the best of my knowledge.

My question is, how long does this Section 9 offence (18 mths behaviour bond) appear in police checks?

My friend's father since went through cancer and oy recently recovered well enough to start working again. However mentioned he still fails police checks.

Can you please advise?

 

[Scruff]

It gets spent when the bond expires.

 

[Worried...]

It gets spent when the bond expires.

Thanks so much for your reply.

Just had one issue: he mentioned that it still appeared in an employment check through a recruitment agency last month?

Even though the bond itself ended in mid-2016.

Do you know why that might perhaps be the case?

 

[Scruff]

Sorry, I assumed there was no conviction recorded. If that's the case, then your friend's father should have someone look into it.

If a conviction was recorded, then it won't become spent until after 10 years as normal.

Under the Crimes (Sentencing Procedure) Act, if a conviction was recorded, then the CRO would be made under s9(1)(a). If no conviction was recorded, then it would be made under s9(1)(b).
Ref: NSW Crimes (Sentencing Procedure) Act 1999 - Section 9 "Conditional release orders"

Under the Criminal Records Act, a conviction normally becomes spent under s8(1) after the relevant "crime-free period", which is defined in s9(1) as not less than 10 years from the date of conviction.

Under s8(4) however, some convictions can become spent early after the completion of a bond. In the case of a Section 9 CRO, s8(4)(c) stipulates two conditions, with one being that the CRO be made "without conviction".
Ref: NSW Criminal Records Act 1991 - Section 8 "When is a conviction spent?"
Ref: NSW Criminal Records Act 1991 - Section 9 "What is the crime-free period for convictions of courts (other than the Children’s Court)?"

So basically, it comes down to whether or not a conviction was recorded by the court. If it was, then it won't become spent until 10 years from that date. If not, then it should have become spent upon completion of the CRO.

 

[Tim W]

Ten years as a cleanskin, just for starters.
Have a read of this.

 

[Worried...]

Hi there, hope you are well, Can you tell me till how long section 9 was appearing on police check ? was it conviction or non-conviction ? THanks in advance for your reply, please reply it will be helpful.

Sorry for the late reply, I spoke to my friend this afternoon - it stayed on their father's profile for 10 years. It's difficult for him to apply for jobs because he almost never passes the police clearance check. Been a tough many years for him tbh.