Important Legal information
Information pulled from the Legal Aid Western Australia website, so some information may be inaccurate for you depending on where you live. Activists need to look up and research information for their own state/country. The decisions you make are your responsibility.
Summary: powers of police to arrest and detain
The law gives police officers the authority to keep the peace, prevent crime and protect property from criminal damage. These powers are greater than what an ordinary person can legally do and include the power to:
- arrest and detain people
- obtain certain information such as fingerprints and photographs
- carry out searches
- seize things
- order you to leave a public place for up to 24 hours (called a move on notice)
- issue Police Orders when investigating possible situations involving family violence.
They also have special powers in traffic matters, such as requiring you to provide a sample of your breath, or going with them to a police station to give a breath, blood or urine sample.
Arrestable offence
Police have the same basic power of arrest as an ordinary citizen, in that they can arrest you without a warrant if they reasonably suspect that you have committed or are committing an “arrestable offence”. An arrestable offence is one that has a penalty that is or includes imprisonment. Under these basic powers, they can also arrest you without a warrant to prevent violence, a breach of the peace or the commission of an offence, where they reasonably suspect one of these things will happen.
Serious offence
In addition to these basic powers, police have powers of arrest that are not available to ordinary citizens. These powers mean that police can arrest you without a warrant if they reasonably suspect that you have committed, are committing or are just about to commit a “serious offence”.
A serious offence includes an offence:
-of breaching a Violence Restraining Order
-of failing to comply with an order in relation to an out of control gathering, or
-that has a penalty of 5 years’ imprisonment or more, or life imprisonment.
Alternatively, police may arrest you without a warrant even if the offence is not a serious offence, as long as they can show that if they don’t arrest you, one of the following things will happen:
-they won’t be able to find out who you are
-you will continue to commit the offence
-you will commit another offence
-you will be a danger to another person or their property
-you will interfere with witnesses or the course of justice
-you will conceal or disturb something related to the offence
-your safety will be endangered.
An arrest may be lawful even if it is later found that you did not commit an offence, as long as at the time, the officer who arrested you had a reasonable suspicion that you had committed, were committing, or were about to commit an offence.
What should the police do if they are arresting you?
If the police have decided to arrest you, they should:
-tell you that you are under arrest, or
-place their hands on you and tell you that you are under arrest, or
-physically seize you.
Police should use only as much force as is reasonably necessary to arrest you. They should be as discrete as they can be in the circumstances and not humiliate you more than is necessary to carry out the arrest.
What should I do if being arrested?
If you are being arrested, you should keep calm and be polite. If you resist or struggle with police when they are arresting you, you can be charged with an offence of obstructing or resisting police.
Do I have to answer police questions?
Police generally have the right to ask you questions at any time, however:
· you can’t be questioned about an offence while you’re being searched, and
· there are only some questions you must answer; others you can refuse because of your ‘right to silence’.
What questions do I have to answer?
You must answer questions about some things, for example:
· Your name, date of birth, and current address, in relation to an offence
· The sale, supply or manufacture of illegal drugs or plants, if questioned by police under a search warrant
· Property connected to an offence involving illegal drugs or plants, if you are searched by police
· The import or export of goods, in relation to customs offences
· Firearms, in relation to a firearms offence, and
· Your proof of age when on licenced premises.
If police pull you over while you’re driving, you must:
· Stop the vehicle
· Give your name and address
· Show your driver’s licence, or take it to the police station if you don’t have it, and
· Take a breath test, or provide a sample of blood or oral fluid, if asked by police.
You will be committing an offence if you refuse to answer any of the above questions, or give false or misleading information.
How do I exercise my right to silence?
Before police question you as a suspect in relation to an offence, they must caution you about your right to silence and what can happen if you speak to them. For example:
'You are not obliged to say anything unless you wish to do so, but whatever you do say will be recorded and may later be given in evidence.'
For questions that you don’t have to answer, you can exercise your right to silence by saying, 'I do not wish to answer', or 'no comment'.
What will happen with my answers to police questions?
Any information you give to police can be used against you in court. You should always try and get legal advice before answering questions from police.
If you are told to give information to police as part of a search about illegal drugs or plants, your answers cannot be used as evidence in court against you, except to prove that you knew what you told the police was untrue or misleading.
When can police carry out a search?
The police can search you, your property, house, vehicle or other places if:
-they ask for your permission (consent) and you agree to let them carry out the search, or
-they have a valid search warrant to conduct the search (with or without your consent), or
-the law gives them the power to carry out a search without a warrant and without consent.
If you agree to the search, you can change your mind and withdraw your consent at any time. But the police might still have the right to continue the search without your consent.
When can the police search without a warrant and without consent?
The police can search you:
-if you’re committing an offence
-when you are under arrest or in police custody
-to look for something relevant to an offence
-to enforce a prohibited behaviour order
-to ensure the security of a public place
-to protect intoxicated or young people, or
-to look for proceeds of crime.
Police can search your place:
-to look for a suspect or person who has possession of something relevant to an offence
-while you are under arrest for a serious offence, or
-when they suspect offences have been committed involving family violence or prostitution.
Police can search your vehicle:
-if it is relevant to an offence or contains something relevant to an offence
-if you’re carrying someone who might be the victim of an offence
-to prevent damage to your or someone else’s vehicle
-to protect the safety of anyone in or near your vehicle
-to look for a suspect
-when you are under arrest for a serious offence
-to ensure the security of a public place, or
-to look for proceeds of crime.
*This means, if you do not have a passcode set up, that your phone can be searched and/or seized if:
-you are under arrest or being detained
-police suspect there may be evidence of a crime on the phone
-if the phone is in your car or house while being searched
-if they feel it may prove who committed a crime or that an alibi is false
Police have very broad search powers! Under the Criminal Property Confiscation Act of 2000, police may search you for property that can be confiscated because it has been obtained as a result of a crime, and this includes your vehicle and any bags or anything else that appears to be in your possession or under your control. People may want to weigh up the options of unlocking one’s phone vs possibly risking an obstruction charge if sensitive information or images etc. are on their device. The laws around this issue are not definitive. *
What should I do if police want to carry out a search?
-Ask the police what legal power they have to carry out the search (if you don't know or they have not told you).
-Choose to consent or refuse permission to search.
-Stay calm, don’t resist, don't be abusive, and don't get in the way, even if police carry out the search without your consent.
How should a search be carried out?
For basic personal or strip searches, police must:
-identify themselves
-give the reason for the search
-ask if you consent to the search
-advise you they can still search you if you don’t consent, and that it’s an offence to obstruct the search
-tell you why they need to remove any clothing and allow you to dress again as soon as possible after the search
-have someone of the same sex as you (or a doctor) conduct the search for drug offences.
For searches of your place, police must:
-identify themselves
-tell you they intend entering your place
-give you the legal basis for the search (for example, under a search warrant)
-ask if you consent, and
-if you were not home during the search, leave a notice that your place has been searched, and a copy of any search warrant.
What special rules are there for basic searches?
A basic search allows police to:
-use a scanner on your body
-remove and search any hat, gloves, shoes or outer clothes you are wearing, and
-do a frisk search by running their hands over the outside of your clothes.
If possible, a basic search should be done by a person who is the same sex as you, unless the searcher is a doctor or nurse. In relation to a suspected drug offence, the search must always be carried out by someone of the same sex as you, or by a doctor. Police may also photograph or video all or part of a basic search while it is being done.
What special rules are there for strip searches?
A strip search allows police to:
-remove your clothing (but not more clothing than is reasonably necessary)
-search your clothes or anything else you are wearing
-search the outside of your body, and
-search the inside of your mouth.
If a strip search involves the removal of your clothing or a search of your private parts, it must be done by a person of the same sex as you, unless the searcher is a doctor or nurse. If police are not sure of your sex, they must ask you whether a male or female should search you and the search must be done according to your answer. If you do not answer, police may carry out the search according to the sex you appear to be to them.
Any person present during the search must also, if possible, be the same sex as you. The number of people present should be limited to the number reasonably necessary to ensure the search is carried out safely and effectively.
Strip searches must be carried out in private. In order to conduct a strip search, police can require you to go to a place where the search can be done.
If the location for the strip search may be monitored by cameras, the cameras should not be used at the time of the search. However, police can photograph or video anything that they find during the strip search, in the location where they find it.
What force can police use during a search?
Police may use reasonable force against any person or any thing in order to carry out a search. This may include causing damage to property, where it is reasonable in order to carry out the search.
What if police have used unreasonable force to arrest me?
A police officer can use as much force as is reasonably necessary to restrain you, arrest you or execute a warrant. If you think that unreasonable force was used, or if you have been injured by the police, as soon as possible you should:
-Write down as much as you can about who hurt you including their name, rank and the police station where they work.
-Report the matter to the officer in charge of the police station straight away. A written report that is dated and signed is best, but otherwise you should at least give a verbal report. Keep a copy of any written report and make a written record of anything you have said if it is a verbal report.
-Ask a doctor to examine and document your injuries as soon as possible. If possible, have photographs taken of your injuries and record the date the photographs were taken.
-Write down the name of the last person to see you before you were hurt and the first person to see you afterwards. Ask them to write notes of what they saw their observations.
-Write down the name of any person who witnessed the arrest and ask them to make notes about what they saw.
-Get legal advice about your situation as soon as possible.
What must the police do once they have arrested me?
As soon as possible after you are arrested, the officer in charge of the investigation must tell you what your rights are. Your rights are different depending on whether you have been arrested as a suspect or not. In every case when you are arrested by police you have the right to:
-any necessary medical treatment
-a reasonable amount of privacy from the mass media
-a reasonable chance to communicate with or try to communicate with a relative or friend to tell them where you are, and
-assistance from an interpreter or other qualified person if you are unable to understand or communicate well enough in spoken English
What are the reasons police can keep me in custody after arresting me?
Police can keep you in custody after arresting you in order to:
-search you, your property and your premises
-investigate any offence they suspect you have committed
-interview you, or
-decide whether or not to charge you.
If possible, you should be kept in custody in the company of a police officer, rather than in a police cell.
How long can police keep me in custody before charging me?
If you are in custody because police suspect you have committed an offence, police may keep you in custody for a reasonable time to investigate the offence, question you about it, carry out searches and decide whether to charge you. In deciding what a “reasonable time” is, a number of things may be considered, including things such as:
-the time required to transport you to a place where you can be interviewed properly;
-the need for you to receive medical treatment;
-the need to let you recover from the effects of alcohol or drugs;
-the number of offences and how complicated they are;
-the need for police with special knowledge to travel to attend the investigation; and
-the need to interview witnesses or other suspects.
Apart from this reasonable time limit, police must also ensure that they do not keep you in custody for more than six hours, unless they get the approval of a senior officer. If they get approval, they are then allowed to keep you in custody for no more than another six hours, making a total of twelve hours. After twelve hours, police may only continue to keep you in custody if they get approval from a magistrate.
When must police release me from custody?
Police must immediately release you if they decide not to charge you or if they have not received approval to keep you in custody for more than the time allowed.
If you are charged with an offence, you may or may not be released, depending on the seriousness of the offence and whether police consider bail is appropriate.
What if I am kept in custody when I should not be?
If you are kept in custody without a proper reason or for longer than is allowed, you should ask to be released. If police do not release you when they should, you may have a civil action against them for false imprisonment. If you think you have been taken into or kept in custody when you should not have been, you should seek legal advice.
Fingerprints and photographs
If you are charged with an offence that is not a serious offence then you are not required to give a sample of your DNA. However, you can be required to provide other identifying information like fingerprints and photographs. If you are under arrest for an offence, police have the power to take your fingerprints and photo. If police have asked you for a DNA sample and you are not sure if you have to give a sample, you should get legal advice.
How can a DNA sample be taken from me?
Scientists can get a DNA profile from a sample of your mouth cells, hair, or blood. The methods that are used to obtain these samples are:
- mouth cell sample – a sample is taken by buccal swab, which means the inside of your mouth is wiped with a swab similar to a cotton bud, to collect cells and saliva
- hair sample – hairs may be pulled from your head or pubic area, however only a doctor or nurse may take a sample of pubic hair, or
- blood sample – this is commonly obtained by pricking your finger and collecting a drop of blood.
Police must use the least painful method available when taking a DNA sample.
Learn more here:
https://www.legalaid.wa.gov.au/sites/default/files/inline-files/DNA_testing_police.pdf
Further information about DNA testing
The following information about DNA testing is from the WA Police website.
DNA Samples
Police can take samples from people charged with, or suspected of, committing a serious offence that carries a statutory penalty of 12 months or more, regardless of the actual sentence imposed.
What is DNA?
DNA (deoxyribonucleic acid) carries genetic information passed on to you from your mother and father and determines your physical characteristics.
A DNA sample is a collection of cells from your body. The type of sample that police usually collect from you is a buccal swab (a mouth swab). The law also allows police to take other samples, such as hair or blood in some instances if you don't agree to give a mouth swab.
How is a DNA sample taken?
If the sample is by mouth swab, it simply involves wiping a swab inside your mouth. You will be asked to do the mouth swab yourself, under police direction. The swab is like a large cotton bud and does not hurt you.
When a sample of hair is required, police will pull a number of hairs from your leg, arm or head.
If difficulty is experienced in obtaining either of these samples, police are authorised to take a sample of your blood. This is a simple finger prick blood sample, which some police are qualified to do.
All of these procedures are simple and will not harm you.
What happens next?
A DNA profile is obtained from the sample. The profile is then recorded on a DNA database. It will then be compared with DNA samples collected from crime scenes to see if they match. Your DNA sample will not be tested for drugs.
Sample use and destruction
If you volunteer your sample, you may decide whether to:
limit the purposes for which it is used, or
allow it to be used for unlimited forensic purposes.
You may also decide how long this information may be held by police.
As a witness or a victim of an offence, you may decide whether to:
limit the purposes for which your sample may be used, or
allow the sample to be used for unlimited forensic purposes.
If you are a suspect for an offence then you may request your identifying particulars be destroyed if, after two years:
you have not been charged with a relevant offence; or
you are found not guilty of the offence you were charged with.
If you have been charged with a serious offence, you may request your identifying particulars to be destroyed if you are found not guilty of the offence you were charged with.
Sample destruction
If you wish the sample to be destroyed, either you or your legal representative need to make a request in writing to: Commissioner of Police Police Headquarters 2 Adelaide Terrace East Perth WA 6004.
What if I am charged but not released?
If you are charged but not released on bail to attend court, you will be taken to court in police custody. You will then have a chance to apply for bail in court. If you do not have a lawyer and you want legal assistance to make a bail application, you may tell the custody staff at court that you wish to see a Legal Aid duty lawyer. The duty lawyer will visit you in custody to advise you and can then represent you in court. If there is no duty lawyer at the court on that day you can ask the court to put your bail application off to another day when a lawyer is available. You can choose to make the application for bail yourself, without advice or representation from a lawyer, but you should be aware that if bail is refused, you may not be given another chance to apply for bail. For this reason, it is best to get legal advice before you apply for bail.
Move on orders
In addition to the power to arrest, police also have the power to order you to leave a particular public place or public transport for up to 24 hours. This is called a “move on order”. A police officer may issue a move on order if they reasonably suspect that you:
- are doing, or are about to do, something violent
- are committing a breach of the peace
- are preventing or hindering a lawful activity by another person, or
- have committed, are committing or will commit an offence.
When issuing a move on order, police must consider the impact of the order on you, including whether it affects your ability to get to the place where you live, work or shop, or your ability to access transport, health, education or other essential services. A move on order must be in writing.
It is an offence to fail to comply with a move on order, unless you have a reasonable excuse for not complying. The maximum penalty is a fine of $12,000 and imprisonment for 12 months.
Summary: sentencing
What happens when a conviction is spent?
Having a conviction made spent does not change the penalty or sentence for a conviction.
If a conviction is spent, you generally do not have to disclose that you were convicted of that offence. The conviction doesn’t disappear completely. It remains part of your private criminal record kept by the police (and your History for Court), but it will not be included as a disclosable conviction when you apply for a National Police Clearance.
Spent convictions also remain part of your criminal history and can be taken into account when considering bail, or sentencing you for a new offence. Spent convictions are also considered when you apply for a Working with Children Check.
Do I need to disclose spent convictions?
In general, you do not need to tell people about spent convictions that do not appear on your National Police Certificate. Spent convictions cannot be considered if you are asked to show that you are a ‘fit and proper person’ under a WA law.
In general, it is against the law for current or potential employers, unions, associations, licencing boards or professional regulators to discriminate against you because of spent convictions. If you are discriminated against because of your spent convictions, you can complain to the Equal Opportunity Commission.
When do I need to tell people about a spent conviction?
There are some exceptions where you will have to disclose that you have spent convictions.
Common situations include if you:
· are applying for certain jobs, including as a police, prison or transport officer
· want to work in certain places, including schools, hospitals and child care centres
· have applied for special licences, such as security agents, child care providers, casino employees, or to have firearms, or
· are applying for an Australian visa.
If you are going to be involved in certain activities that will involve children, you may also be required to disclose if you have spent convictions for specific serious offences (such as assaults, homicides and sexual offences). Find a more detailed list here:
https://www.legalaid.wa.gov.au/sites/default/files/Spent_conviction_application_Part_1.pdf
How do I apply to have a conviction spent?
If you are in court for an offence, you may be able to ask the court to make a Spent Conviction Order when you are being sentenced.
You can also apply to have old convictions declared spent after enough time has passed. You can apply to the District Court to have a serious conviction spent after a certain waiting period. This waiting period is usually 10 years plus the length of the term of imprisonment imposed (rather than the time actually spent in prison). This waiting period is less for some offences.
This request is made to the WA Police. You can apply for a National Police Certificate, which automatically includes a request for any eligible WA convictions to be spent. You don't need to complete a separate application about spent convictions. There is a fee to get a National Police Certificate.
Alternatively, you can apply to the WA Police for any eligible WA convictions to be spent, without getting a National Police Certificate. There is no fee for this application, but you won't receive a copy of your National Police Certificate at the end.
Can I get a spent conviction for Commonwealth (Federal) offences?
Yes, it can become spent under the Crimes Act 1914 (Cth). If you didn’t go to prison, or you went to prison for 30 months or less, the conviction will usually be spent automatically after a certain amount of time. The waiting periods are:
· for an adult, 10 years beginning on the date of conviction, and
· for a minor, 5 years beginning on the date of conviction.
If you are being sentenced for Commonwealth offences, it is possible to ask the court to not record a conviction against your name. This is called a 'section 19B order'.
There are different things that you need to show the court before it can make a section 19B order. You should get legal advice if you have committed an offence under a Commonwealth law.
What information is included in my criminal record?
The police in each state and territory keeps their own records of offences, so you will have more than one record if you have committed offences in more than one state/territory.
Your criminal record only includes offences if you have been convicted by a court. What information is included on your record varies between states. Some states don’t list traffic offences as part of your criminal record, but usually the police will instead have a separate list of your traffic convictions.
If you were given an infringement notice for an offence and it wasn’t dealt with in court, it generally won’t result in a conviction being recorded on your criminal record.
In WA, your criminal record includes criminal and traffic convictions and shows:
· The name of the offence
· The date you were convicted
· The penalty you received
How can I find out what is on my criminal record?
There are two documents that contain information from your criminal record:
· a National Police Certificate
· your History for Court
A National Police Certificate is normally what you need if you are asked to show someone a copy of your criminal record, like a potential employer. Your History for Court can only be used for court proceedings in WA.
What is a National Police Certificate and how do I get one?
A National Police Certificate uses information from police records throughout Australia to provide a single list of convictions from every state and territory. It also includes details of charges that are going through the courts and haven’t been finalised. It does not include convictions that are spent or any infringements you have received. Depending on how much time has passed, offences from when you were under 18 might not be shown.
If you are in WA, you can get a National Police Certificate by filling out an application at any Australia Post office in WA, or online from the WA Police website. If you are interstate, you should contact local police to find out how to apply for a National Police Certificate in that location.
If you are a minor
The age of criminal responsibility in WA is currently 10 years old. * This means if you are 10 or older, and you commit a criminal offence, you can be charged by the police and convicted in court. Between the ages of 10 and 14 years old, the police must prove in court that you understood you were doing the wrong thing. If you are over 14 years old, the law says you can be held responsible for your actions, even if you didn't actually know that you were doing the wrong thing or were breaking the law.
What can happen if I commit an offence?
The law understands that young people make mistakes and sometimes don't think through the consequences of their actions. If you are under 18 years old and break the law, the police can sometimes choose to give you a caution, or refer you to a Juvenile Justice Team instead of charging you with a criminal offence. If the police do charge you with a criminal offence for something you did when you were under 18, the charge will be dealt with in the Children's Court. There are a range of sentencing options available to the court.
Legislation contained in the Young Offenders Act 1994, gives police officers the discretionary power to use diversionary options when dealing with a young person who commits an offence. Instead of an arrest and subsequent court appearance, police officers can issue a formal written caution or refer the matter to a Juvenile Justice Team. [https://www.police.wa.gov.au/Crime/Juvenile-justice]
Speaking to police
Police have powers that allow them to ask questions and interview you in certain situations. It is important to understand your legal rights in relation to these powers. Generally, the police have the right to ask you questions at any time, even if you have not been arrested. Although they are allowed to ask you questions, this does not mean you always have to answer them. In WA, you have a general right to silence, which means you do not have to answer most questions from police. There are some questions you must answer, for example, your name, address and date of birth. If the police tell you that you must answer a question and you do not answer or you lie, you may be charged with an offence.
What should I do if police want to speak to me?
Give your correct name, address and date of birth.
Do not answer any other questions, unless the police tell you that you must.
Do not lie or give false information - this is against the law.
Do not sign anything until you have had legal advice.
Do not resist police, or be abusive or violent. If you try to stop police or make it harder for them to do their job, you could be arrested and charged with a serious offence.
Get legal advice as soon as possible.
If the police want to do a video recorded interview with you, tell them that you want legal advice first.
If police give you a move-on notice, make sure you read it carefully and follow what it says. You can be arrested and charged just for being somewhere covered by the move-on notice.
How do I use my right to silence?
If the police ask you a question, you can say, 'No comment' or say nothing at all. The right to silence does not apply to all questions. If the police ask for your name, address or date of birth, you must answer and you must tell the truth. Sometimes there are other questions you must answer – the police should tell you when it is one of these questions. If you are not sure about whether you must answer a question, you can ask, 'Do I have to answer?' If the police tell you that you must answer a question, and you refuse or lie, you could be charged with a criminal offence. If you decide to use your right to silence, the police cannot force you to answer, or use this against you later in court.
What if the police want to interview me?
If the police ask you to do an interview, you can say no. If you are under arrest, the police might make you sit in the interview room, turn on the video camera and ask you questions anyway. This does not mean you have to answer – you can still use your right to silence. You should always get legal advice before you do an interview or answer questions from the police. You can say to the police, 'I want to speak to a lawyer.' If you do that, the police must give you the chance to call a lawyer. You can call the Legal Aid WA Infoline for free advice about doing an interview. If you decide to do an interview it will be recorded. The police can play it later in court and use it as evidence against you. If you are under 18, ask for an adult you trust to be present at the interview.
What other powers do police have?
Police have many powers to investigate crimes. In certain situations, they can search you or your property, arrest you, take your fingerprints or DNA, or order you to do something. Often, they do not need a warrant. If the police ask you to do something and you are not sure whether you have to – you can ask, 'Do I have to?' If the police say that you must and you refuse to co-operate, you could be charged with an offence.
Visa cancellations on character grounds
*Information in this section reviewed and updated on November 4, 2021.
If you have a visa to stay or live in Australia (including as a permanent resident), it may be cancelled on character grounds if you have done something wrong. Decisions to refuse a visa, or to cancel a visa, are made by the Minister of Home Affairs, or by someone for the Minister within the Department of Home Affairs (formerly the Department of Immigration and Border Protection).
If you receive either a notice of intention to cancel your visa, or a notice of visa cancellation from the Minister or the Department, you need to act quickly. There are strict time limits that apply for you to respond to a notice of intention to cancel your visa, or to appeal the decision if your visa has been cancelled. You must comply with these time limits.
Why is my visa being cancelled?
The Minister and the Department for Home Affairs have the power to refuse or cancel a visa on the basis that you do not pass the character test. In some cases, even if you do not pass the character test, the decision maker can decide to not to cancel your visa.
Depending on exactly why you do not pass the character test, your visa must be cancelled in some situations. You will be given 28 days to ask that the mandatory cancellation be revoked.
You may not pass the character requirements if you have a substantial criminal record. You have a substantial criminal record for the purposes of the character test in the Migration Act if you have been:
-sentenced to death or imprisonment for life
-sentenced to a term of imprisonment of 12 months or more
-sentenced to two or more terms of imprisonment (even if served concurrently) where the total is 12 months or more
-found by a court to not be fit to plead in relation to an offence but found to have committed the offence and detained in a facility or institution
If you do not pass character requirements, the Minister or a delegate can refuse your application or cancel your visa. To decide if you pass character requirements, a variety of matters may be considered, including:
-the protection of the Australian community
-the best interests of any children in Australia
-Australia's international legal responsibilities
-the impact of visa refusal or cancellation on your family in Australia
-any impact on Australian business and community interests
If your visa is cancelled on character grounds, you may not be able to get another one.
Get help
Refugee and Immigration Legal Service
Visa Cancellation Legal Information Kit
This Kit is intended for use by visa holders, visa applicants, and people who might be supporting them. This Kit is not legal advice. This Kit provides general information only. The purpose of this Kit is to provide information about possible visa cancellation or refusal on character grounds.
Circle Green Community Legal (formerly known as The Humanitarian Group)
People from refugee and culturally and linguistically diverse (CaLD) backgrounds may be able to get assistance with visa cancellation on character grounds. Contact (08) 6148 3636.
Australian Human Rights Commission - Visa cancellation on character grounds
You need to get legal advice if the cancellation or possible cancellation of your visa is for a reason other than failing to meet the character test.