[h=1]got this from the embassy website I would have agree with quinkla consider engaging a registered migration agent who specialises in criminal records .
Fact Sheet 79 - The Character Requirement[/h] In this Fact Sheet:
The character test
Substantial criminal record
Conduct of persons in immigration detention
Discretionary powers and Ministerial Direction 55
Exclusion from Australia
Appeals
Everyone who wishes to enter or stay in Australia must satisfy the character requirement as set out in Section 501 of the Migration Act 1958 (the Act). This includes all non-citizens, sponsors of visa applicants and non-migrating family members seeking to enter or stay in Australia.
Entering or remaining in Australia is a privilege, and it is expected that non-citizens are, and have been, law-abiding. Visa holders must also continue to satisfy the character requirement.
Irrespective of which visa you apply for, you must advise the department if you have any criminal convictions inside or outside of Australia, and you may be asked to provide police certificates as part of your assessment against the character test. If you do not inform the department of your criminal history, your visa application may be refused or your visa cancelled.
The Minister for Immigration and Border Protection and the department have the power to refuse or cancel a visa on the basis that a person does not pass the character test. This power is discretionary, so if you do not pass the character test, it does not necessarily mean that your visa will be cancelled or refused.
Decisions to cancel or refuse visas on the basis of the character test are made after full consideration of all the circumstances of a case. As part of this process, visa holders and visa applicants are given an opportunity to respond to information that the department will use to decide whether or not to cancel or refuse their visa.
[h=2]The character test[/h]A person will not pass the character test where:
they have a substantial criminal record
they have been convicted of any offence that was committed while in immigration detention, during an escape from immigration detention, during a period where a person escaped from immigration detention, or if the person has been convicted of the offence of escaping from immigration detention
they have, or have had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct
having regard to the person's past and present criminal conduct, the person is found not to be of good character
having regard to the person's past and present general conduct, the person is found to be not of good character
there is a significant risk that the person will engage in criminal conduct in Australia; or harass, molest, intimidate or stalk another person in Australia; or vilify a segment of the Australian community; or incite discord in the Australian community or in a segment of that community; or represent a danger to the Australian community or to a segment of that community.
See: Fact Sheet 78 - Controversial Visa Applicants
[h=2]Substantial criminal record[/h]A substantial criminal record is based on the length of a sentence imposed by a court of law, rather than the time actually spent in prison.
For the purpose of the character test, a person is deemed to have a substantial criminal record if they have been:
sentenced to death or life imprisonment
sentenced to a term of imprisonment of 12 months or more
sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more
acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution.