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Non-conviction charge is a term used in the Education and Training Reform Act 2006. It refers to circumstances where the charges against a person for a Category A offence or Category B offence have been finally dealt with other than by way of a conviction or finding of guilt.

A charge is finally dealt with (other than by way of a conviction or finding of guilt) in the following circumstances

  • the charge is withdrawn;
  • the person dies without the charge being determined;
  • the charge is dismissed by the court;
  • the person is discharged by a court following a committal hearing;
  • the person is acquitted or found not guilty; or
  • the person is discharged by the Magistrates’ Court of Victoria after completing a diversion program.