Hi all,
I wanted to provide an update, we received a copy of my partners police certificate and made an appointment to see the U.S consulate to discuss the crime commited.
Long story short, my partner is eligible to use the ESTA visa waiver online, which is what we completed in the first place.
We were told that those with minor assault charges ( a heavier crime then affray) are also able to use the ESTA visa waiver program.
I was told by a friend (not the U.S consulate) that I should have refered to the tourisum legal australia website to save time and money, which lists crimes involving moral turpitude - i have copied & pasted the crimes below and hope this helps others that are in two minds about applying for a visa or not.
Abandonment of a minor child (if wilful), Adultery, Assault (with intent to
kill, commit rape, commit robbery or commit serious bodily harm), Assault (with
a dangerous or deadly weapon), Bigamy, Paternity fraud, Contributing to the
delinquency of a minor, Gross indecency, Incest (if the result of an improper
sexual relationship), Kidnapping, Lewdness, Manslaughter (Voluntary or
Involuntary if reckless), Mayhem, Murder, Pandering, Prostitution, Rape
(including "Statutory rape" by virtue of the victim's age)