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- the charge is withdrawn;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.