An “unrecorded finding of guilt” is really one of those legal terms that can confuse the confusable.

In simple terms, a person may plead guilty or be found guilty of an offence and receive a penalty, but the court orders that a conviction not be recorded. Queensland’s Penalties and Sentences Act 1992 gives a court discretion, in appropriate circumstances, to decide whether or not to record a conviction.

An unrecorded finding of guilt is important for security licensing because it is different from having a recorded conviction. A recorded conviction for a disqualifying offence within the relevant 10-year period can automatically prevent you from holding a Queensland security provider licence. An unrecorded finding of guilt does not create that same automatic disqualification, but it can still be considered by the Queensland Office of Fair Trading (OFT) when deciding whether you are an appropriate person to hold a licence.

One practical difficulty is that the criminal history information available to OFT may not contain all of the circumstances considered by the magistrate when deciding not to record the conviction. OFT may therefore write to the applicant seeking additional information so it can make an informed decision about the licence application.

If you completed your CPP20218 Certificate II in Security Operations with BARS Training Australia and receive this type of correspondence concerning your initial licence application, BARS provides pro bono advocacy assistance to our students. We can help you understand what OFT is asking for and assist you in preparing an appropriate response.