Character Checks - Frequently Asked Questions
On this page
- 1. Why are character checks required to enter or stay in Australia?
- 2. How do I have character checks done?
- 3. What do I do if the country I lived in is not listed on the Character Requirements Penal Clearance Certificates form?
- 4. What do I do when it is impossible or impractical to obtain a penal clearance certificate from the agency listed on the form?
- 5. What do I do if I have criminal convictions?
- 6. I have criminal convictions but these no longer show on the official record because of spent convictions legislation - should I declare them?
See: Fact Sheet 79 The Character Requirement
1. Why are character checks required to enter or stay in Australia?
Section 501 of the Migration Act 1958 includes a character test to assess whether visa holders are of good character.
The test puts the onus on visa applicants, and visa holders already in Australia, to prove that they are of good character.
The provision also contains discretionary powers to either refuse or cancel visas when issues of character arise.
You will fail the character test if:
- you have a substantial criminal record
- you have, or have had an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct
- there is a significant risk that you will engage in criminal conduct in Australia; harass, molest, intimidate or stalk another person in Australia; vilify a segment of the Australian community; or incite discord in the Australian community or in a segment of that community
- with regard to your past and present criminal conduct, you are found not to be of good character
and - having regard to your past and present general conduct, you are found to be not of good character.
You are deemed to have a substantial criminal record if you have been any one of the following:
- sentenced to a term of imprisonment for 12 months or more
- sentenced to either death or life imprisonment
- sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two (2) years or more
- acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, you have been detained in a facility or institution,
If your visa is cancelled on criminal grounds you will be permanently excluded from Australia.
2. How do I have character checks done?
In order for the Australian government to determine whether you are of good character, you may be asked to provide penal clearance certificates for each country you have resided in for 12 months or more over the last ten (10) years since turning 16.
In some instances, you may also be asked to obtain additional documentation.
The Character Requirements Penal Clearance Certificates form provides instructions on how to obtain penal clearance certificates from countries where you have resided.
See: Character Requirements Penal Clearance Certificates (283KB PDF file)
3. What do I do if the country I lived in is not listed on the Character Requirements Penal Clearance Certificates form?
Please contact your nearest office of the department or Australian diplomatic office overseas for advice.
See: Contact Us
4. What do I do when it is impossible or impractical to obtain a penal clearance certificate from the agency listed on the form?
Please contact your nearest office of the department or Australian diplomatic office overseas for advice.
See: Contact Us
5. What do I do if I have criminal convictions?
Declare all convictions on your visa application form. If you fail to declare this information, then any visa you may be granted will be liable to subsequent cancellation.
Visa cancellation can result in detention and subsequent removal from Australia.
6. I have criminal convictions but these no longer show on the official record because of spent convictions legislation - should I declare them?
Such convictions must be declared on your visa application form, as spent convictions legislation does not apply to decisions made under immigration law.
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