Short Answer
A small, specific set of serious criminal convictions can disqualify you from holding an MSIC, but a criminal record alone doesn't automatically rule you out. Disqualification depends on the offence type, its severity, and how recently you were convicted, and there is a formal process to seek reconsideration if you are disqualified.
How disqualification actually works
| Category | What it covers | Outcome |
|---|---|---|
| Maritime security relevant offences | A specific list of offences set out in Schedule 1 of the Maritime Transport and Offshore Facilities Security Regulations 2003, covering things like serious violence, terrorism related offences, weapons and serious drug offences. | Can disqualify you, but the Secretary can approve the issue of an MSIC after considering your individual case. |
| Tier 1 offences (the most serious tier, e.g. terrorism, treason, espionage, piracy) | The most serious category within Schedule 1's maritime security relevant offences, covering national-security-level conduct. | Creates an adverse criminal record. The regulation 6.08F discretionary approval pathway is only open to people who have not been convicted of a Tier 1 offence, so there is no discretionary MSIC option available in these cases. |
| Adverse criminal record assessment | Your record is assessed against tiers set out in the regulations, based on the type of offence and the sentence imposed. | Feeds into whether you are disqualified and, if so, whether reconsideration is available. |
| Reconsideration of a disqualifying notice | If you receive a disqualifying notice, you can apply to have that decision reconsidered under the regulations. | Your case is reviewed rather than the decision being final and unappealable. |
What this means in practice
AusCheck's background check looks at court convictions, not charges or allegations. Whether a conviction disqualifies you depends on what the offence was, how serious it was, and how long ago it happened, not simply whether you have ever been convicted of anything. Applicants with an adverse criminal record can apply to the Secretary for approval to be issued an MSIC despite that record, and this pathway takes extra time, so it pays to start early and be upfront about your history rather than let it surface later in the process.
Applying with a criminal record
If you know or suspect your record may be relevant, talk to your issuing body before you apply. ClientView can help you understand what documentation to prepare and what to expect from the reconsideration process, so there are no surprises partway through.
For the full legal breakdown, including Tier 1, Tier 2 and Tier 3 offences, the adverse criminal record test, and how a discretionary MSIC application works, read our detailed guide: MSIC disqualifying offences: criminal records, background checks and discretionary MSICs.
Frequently asked questions
Does any criminal record disqualify me?
No. Only specific, serious offences set out in the regulations can disqualify you, and even then a reconsideration pathway exists for most cases.
What if I'm disqualified?
You can apply for reconsideration of a disqualifying notice under the regulations. This is a formal process, so seek guidance before you begin.
Do spent convictions count?
Spent convictions schemes vary by jurisdiction and can affect what AusCheck is able to consider. If this applies to you, get independent advice about your specific situation.
Apply for your MSIC or contact ClientView if you have questions about your eligibility before you apply.
Source: Maritime Transport and Offshore Facilities Security Regulations 2003, including Schedule 1 (maritime security relevant offences) and regulations 6.07B, 6.08D, 6.07K, 6.08F and 6.08X (auscheck.gov.au, legislation.gov.au). This article is general information, not legal advice. Check current official sources before relying on it, and seek independent legal advice about your own circumstances.
