Criminal Records (Spent Convictions) Act 1992 (NT)
NORTHERN TERRITORY OF AUSTRALIA
CRIMINAL RECORDS (SPENT CONVICTIONS) ACT 1992
As in force at 1 July 2020
northern territory of australia
As in force at 1 July 2020
CRIMINAL RECORDS (SPENT CONVICTIONS) act 1992
An Act to facilitate the more effective rehabilitation of certain offenders by providing that, in certain circumstances, their criminal records relating to relatively minor offences may be spent and not form part of their criminal history, and for related purposes
This Act may be cited as the
This Act shall come into operation on a date to be fixed by the Administrator by notice in the
(1) In this Act:
conditional pardon means an extension of the prerogative of mercy referred to in section 432 of the Criminal Code upon a condition referred to in that section.court means:(a) the Local Court; or
(b) the Youth Justice Court continued in existence by section 45 of the
Youth Justice Act 2005 ; or(d) the Supreme Court,
and includes a court of the Commonwealth, a State or another Territory of the Commonwealth having similar jurisdiction.
corresponding law orcorresponding provision , in relation to an Act or a provision of or under an Act of the Territory, means an Act or provision of or under an Act in force in a State or another Territory of the Commonwealth that corresponds as nearly as practicable to the Act or provision of or under the Act of the Territory.criminal record means a record of:(a) a conviction;
(b) a finding that an offence is proved (and any order in relation to the finding) without the court proceeding to conviction;
(c) a conviction and the making of an order under section 5 of the
Criminal Law (Conditional Release of Offenders) Act 1971 ;(d) a finding or order made under Part 6 of the
Youth Justice Act 2005 ;(e) a quashed conviction;
(f) a pardon, including a conditional pardon;
(g) a charge in respect of which a finding or order referred to in paragraphs (a) to (f), inclusive, is made by a court;
(h) action taken in respect of a breach of custodial correctional facility discipline committed during a period of imprisonment; or
(j) disciplinary action taken while a youth offender is in a detention centre,
and includes such a record of a conviction, finding, order, quashed conviction, pardon, charge or action in a State or another Territory of the Commonwealth.
detention centre means a youth detention centre approved under section 147 of theYouth Justice Act 2005 and includes a detention centre, however described, under a corresponding law.equivalent offence means an offence against the relevant corresponding provision.imprisonment includes a period during which a person is subject to a home detention order under Part IVA of theCriminal Law (Conditional Release of Offenders) Act 1971 or Part 3 of theSentencing Act 1995 but does not include:(a) detention in a detention centre;
(b) a sentence of periodic imprisonment referred to in section 83(1)(k) of the
Youth Justice Act 2005 ; or(c) a sentence imposed because of the failure to pay a penalty.
law enforcement agency means:(a) the Police Force of the Northern Territory, the Australian Federal Police, or the police force of a State or another Territory of the Commonwealth; or
(b) the Australian Crime Commission; or
(e) the Attorney-General for the Territory, the Commonwealth or for a State or another Territory of the Commonwealth; or
(f) persons employed in the Agency primarily responsible for law and the administration of justice, or a similar Department of the Commonwealth, a State or another Territory of the Commonwealth, or employed in a body administered by such a Department, being persons whose primary function is the institution or conduct of proceedings for offences; or
(g) the Office of the Director of Public Prosecutions for the Commonwealth or the Territory, or a similar body established under a law of a State or another Territory of the Commonwealth; or
(h) the Director of Public Prosecutions for the Commonwealth or the Territory, or a person performing a similar function appointed under a law of a State or another Territory of the Commonwealth; or
(j) a Crown Prosecutor; or
(k) a person who, under a law of the Commonwealth, the Territory or a State or another Territory of the Commonwealth, is permitted to practice as a legal practitioner, however described, to the extent to which he or she is engaged by or on behalf of the Crown to prosecute an offence; or
(l) the ICAC; or
(m) a person performing functions and exercising powers on behalf of an agency, authority, department or statutory body referred to in this definition; or
(n) a prescribed person or body.
non-traffic offence means an offence other than a traffic offence.offence means an offence against a law in force in the Territory, the Commonwealth or a State or another Territory of the Commonwealth.pardon means an extension of the prerogative of mercy referred to in section 431 of the Criminal Code, not being a conditional pardon.public authority means a local government council or public authority constituted by or under an Act of the Territory, the Commonwealth or a State or another Territory of the Commonwealth, a government department or a statutory body or agency representing the Crown in any of its capacities, and includes a law enforcement agency and a person performing functions and exercising powers on behalf of the council, authority, department, statutory body or agency.quashed conviction means:(a) a conviction;
(b) a finding that an offence has been proved, without proceeding to conviction; or
(c) an order,
that, in accordance with subsection (2), shall be taken to have been quashed.
sexual offence means:(a) an offence against Division 2 of Part V of the Criminal Code;
(b) an offence against section 188(2)(k), 192, 192B or 201 of the Criminal Code;
(c) an offence prescribed as a sexual offence for the purposes of this section; or
(d) an offence of:
(i) counselling or procuring;
(ii) aiding or abetting the commission of;
(iii) conspiring to commit;
(iv) attempting to commit; or
(v) being an accessory after the fact to,
an offence referred to in this definition or an equivalent offence.
spent conviction means a criminal record which is spent in accordance with Part 2.spent record means:(a) a spent conviction;
(b) a criminal record in respect of:
(i) a quashed conviction; or
(ii) an offence in respect of which an unconditional pardon has been given;
(c) a charge not proceeded with; or
(d) a charge that has been withdrawn.
traffic offence means an offence against theTraffic Act 1987 or theTraffic Regulations 1999 , or an offence prescribed for this definition.violent offence means an offence involving the use or threat of violence against another person.Note for subsection (1) The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. (2) For the purposes of this Act:
(a) a conviction shall be taken to be quashed if it is quashed or set aside;
(b) a finding that an offence has been proved, without proceeding to a conviction, shall be taken to be quashed if it is quashed or set aside (except where it is set aside in order to impose a penalty);
(c) a finding that an offence has been proved, (and any order in relation to the finding) without the court proceeding to a conviction, shall be taken to be quashed if the finding is quashed or set aside;
(d) a conviction and the making of an order under section 5 of the
Criminal Law (Conditional Release of Offenders) Act 1971 shall be taken to be quashed if the conviction is set aside; and(e) an order under Part 6 of the
Youth Justice Act 2005 shall be taken to be quashed if it is quashed or set aside.
(3) In this Act, unless the contrary intention appears, a reference to an Act or a provision of or under an Act of the Territory includes a reference to a corresponding law or corresponding provision, as the case may be.
(1) This Act binds the Crown not only in right of the Territory but also, so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
(2) This Act applies to and in relation to offences committed in the Territory, or in a State or another Territory of the Commonwealth, before or after the commencement of this Act.
(3) This Act does not affect the operation of:
(a) the
Evidence (National Uniform Legislation) Act 2011 ; or(b) section 136 of the
Youth Justice Act 2005 .
Part 2 Spent convictions
In this Part
(a) a sexual offence;
(b) an offence by a body corporate; or
(c) a prescribed offence.
(1) In this section
criminal record does not include a record of a conviction of an offence in respect of which a sentence of imprisonment for more than 6 months was imposed, whether or not the sentence was suspended.(2) Subject to this Part, a criminal record is a spent conviction on the expiration of a period, immediately after the date of conviction of the offence, of:
(a) where the offender was convicted in the Youth Justice Court within the meaning of the
Youth Justice Act 2005 – 5 years; and(b) in any other case – 10 years,
during which period the offender has not:
(c) been convicted of an offence punishable by imprisonment; or
(d) served all or any part of a sentence of imprisonment.
(2A) If the offender was convicted in a court other than the Youth Justice Court (within the meaning of the
Youth Justice Act 2005 ) for an offence that the offender committed before attaining 18 years of age, his or her criminal record is, subject to this section and section 6A, a spent conviction on the expiration of the period specified in subsection (2)(b).(3) A conviction for a subsequent traffic offence and any period of imprisonment served in respect of the offence shall be taken into account in calculating a period referred to in subsection (2) only in respect of a conviction relating to a traffic offence.
(4) A conviction for a subsequent non-traffic offence and any period of imprisonment served in respect of the offence shall be taken into account in calculating a period referred to in subsection (2) only in respect of a conviction relating to a non-traffic offence.
(1) In this section:
criminal record has the same meaning as in section 6.offender means a person who was convicted in a court other than the Youth Justice Court (within the meaning of theYouth Justice Act 2005 ) for an offence the offender committed before attaining the age of 18 years.(2) The criminal record of an offender is not a spent conviction unless:
(a) subject to this section:
(i) 5 years has expired since the date of conviction of the offence; and
(ii) the offender applies under subsection (3) for the conviction to be a spent conviction and is given notification under subsection (6) that the conviction is a spent conviction; or
(b) subject to section 6, the period specified in section 6(2)(b) has expired.
(3) After the expiry of 5 years after the date an offender is convicted of an offence, the offender may apply to the Commissioner of Police for the conviction to be a spent conviction.
(4) On receipt of the application, the Commissioner must conduct an inquiry to ascertain whether 5 years during which the offender has not:
(a) been convicted of an offence punishable by imprisonment; or
(b) served all or any part of a sentence of imprisonment,
has expired since the date of the offender’s conviction.
(5) In ascertaining whether the 5 year period has expired:
(a) a conviction for a subsequent traffic offence and any period of imprisonment served in respect of the offence is taken into account in calculating the 5 year period only in respect of a conviction relating to a traffic offence; and
(b) a conviction for a subsequent non-traffic offence and any period of imprisonment served in respect of the offence is taken into account in calculating the 5 year period only in respect of a conviction relating to a non-traffic offence.
(6) If the 5 year period has expired in accordance with subsections (4) and (5), the conviction is a spent conviction and the Commissioner must give written notice to the offender accordingly.
(1) Where a person has been convicted of an offence but a court, without recording the conviction, discharges the person absolutely, the criminal record (if any) of the conviction is a spent conviction immediately the person is discharged.
(2) Subject to subsections (3) and (4), a criminal record in respect of a finding that an offence is proved without the court proceeding to conviction is a spent conviction immediately the finding or order is made.
(3) A criminal record of a finding or order made under section 83 of the
Youth Justice Act 2005 , not being an order made under subsection (1)(a) or (b) of that section, without the court proceeding to conviction, is a spent conviction immediately the period specified in the order expires if the person subject to it has by that time complied with all of its requirements or where, before that time, he or she has complied with all of its requirements and there is no continuing obligation to be met, on the completion of those requirements.(4) Where a court finds an offence proved and, without proceeding to conviction, makes an order under section 4 of the
Criminal Law (Conditional Release of Offenders) Act 1971 or section 10 or 11 of theSentencing Act 1995 , the criminal record of that offence is a spent conviction immediately the period specified in the order expires if the person subject to it has by that time complied with all its requirements or where, before that time, he or she has complied with all of its requirements and there is no continuing obligation to be met, on the completion of those requirements.
A criminal record in respect of an offence against a provision of an Act is a spent conviction immediately the provision is repealed, except where:
(a) a provision in an Act enacted in the jurisdiction before or in substitution for the first-mentioned provision, substantially of the same effect, is in force; or
(b) the provision in respect of the offence, or a record of the offence, is prescribed for the purposes of this section.
A criminal record of a conditional pardon is a spent conviction immediately the conditions to which it is subject are complied with.
(1) The criminal record of a conviction of a person in respect of a non‑traffic offence ceases to be a spent conviction on the conviction of the person of a non-traffic offence punishable by imprisonment.
(2) The criminal record of a conviction of a person in respect of a traffic offence ceases to be a spent conviction on the conviction of the person of a traffic offence punishable by imprisonment.
(3) If, pursuant to subsection (1) or (2), a criminal record ceases to be a spent conviction, on the conviction of the person for a subsequent offence that criminal record may again become a spent conviction pursuant to section 6.
(4) However, for section 6(2), the period commences immediately after the date of conviction for the subsequent offence.
Subject to this Part, where a record is a spent record:
(a) the person to whom it relates is not required to disclose to another person that spent record;
(b) a question concerning a person’s convictions, criminal history or criminal record or a record of a similar kind shall be taken to refer only to a record which is not a spent record; and
(c) in the application to a person of a provision of an Act or instrument of a legislative or administrative character:
(i) a reference to a conviction, criminal history or criminal record or record of a similar kind shall be taken to be a reference only to a record which is not a spent record; and
(ii) a reference to a person’s character or fitness shall not be taken as permitting or requiring a spent record to be taken into account.
12 Unlawful disclosure of spent record
(1) A person with access to records kept by or on behalf of a public authority which include spent records who, other than in accordance with this Part, discloses a spent record or information relating to a spent record to a person without the consent of the person to whom the record relates, is guilty of an offence.
Maximum penalty: 40 penalty units or imprisonment for 6 months.
(2) A person who knows, or should reasonably be expected to know, that a record is a spent record and who, other than in accordance with this Part, discloses the spent record or information relating to the spent record without the consent of the person to whom that spent record relates, is guilty of an offence.
Maximum penalty: 40 penalty units.
(3) The Commissioner of Police may disclose a spent conviction to a law enforcement agency, to the holder of a prescribed office or to a prescribed person for the purpose of the prosecution of an offence or the making of submissions on sentencing in respect of an offence.
(4) A law enforcement agency may disclose a spent conviction to another law enforcement agency for the purpose of a criminal investigation, the prosecution of an offence or the making of submissions on sentencing in respect of an offence.
(5) A law enforcement agency, where required to do so by, or in the course of a proceeding before, a court, may disclose a spent conviction to the court, but a court shall not require such a disclosure or permit publication of any information so disclosed unless it is of the opinion that the interests of justice in the particular circumstances require the disclosure and/or publication.
(6) A person employed by or working for an archive or a library may make available to a member of the public, or to an officer of another archive or library, in accordance with the normal procedures of the first-mentioned archive or library, material that is normally available for public scrutiny which contains information relating to a spent record.
A person who takes into account a spent record for a purpose not authorised by or under an Act is guilty of an offence.
Maximum penalty: 40 penalty units.
A person who fraudulently or dishonestly obtains or attempts to obtain information in respect of a spent record kept by or on behalf of a public authority is guilty of an offence.
Maximum penalty: 40 penalty units or imprisonment for 6 months.
Sections 11 and 13 do not apply in respect of a spent conviction:
(a) in relation to an application for appointment or employment as a Supreme Court Judge, Local Court Judge, justice of the peace or police officer;
(c) for arson or attempted arson in relation to an application by the person to whom the spent conviction relates to be appointed to or employed in or otherwise engaged in fire fighting or fire prevention;
(d) relating to a violent offence, to a request by a public authority for information about the conviction where the information is sought for the purpose of determining whether to grant, reissue or revoke a licence, permit or registration under the
Firearms Act 1997 ;(e) in relation to the consideration of the suitability of a person to be a juror;
(f) to or in relation to proceedings before a court (or investigations for the purpose of such proceedings or determining whether proceedings should be commenced), including the giving of evidence or the conduct of the case before, or the making of a decision (including a decision concerning sentencing) by, the court, but where a disclosure of a spent conviction is made to the court the court shall not permit the publication of any information so disclosed unless it is of the opinion that the interests of justice in the particular circumstances require its publication.
(1) Sections 11 and 13 do not apply in respect of a spent record in relation to an application for appointment or employment to do work principally involving the care, instruction or supervision of vulnerable persons.
(1AA) In addition, sections 11 and 13 do not apply in respect of a spent record in relation to an application for a screening check to obtain a clearance to provide services or supports to participants in the National Disability Insurance Scheme.
(1A) In addition, sections 11 and 13 do not apply in respect of a spent record in relation to an application to become one of the following:
(a) a correctional services officer;
(b) a public sector employee in the Agency administering the
Correctional Services Act 2014 ;(c) an official visitor;
(d) a volunteer.
(1B) In addition, sections 11 and 13 do not apply in respect of a spent record in relation to:
(a) an application for appointment or employment as the ICAC, an Acting ICAC, a member of ICAC staff, the Inspector or a member of Inspector staff; or
(b) anything done under section 126 of the
Independent Commissioner Against Corruption Act 2017 .
(2) In this section:
Acting ICAC , see section 4 of theIndependent Commissioner Against Corruption Act 2017 .correctional services officer , see section 16 of theCorrectional Services Act 2014 .Inspector , see section 4 of theIndependent Commissioner Against Corruption Act 2017 .member of ICAC staff , see section 4 of theIndependent Commissioner Against Corruption Act 2017 .member of Inspector staff , see section 4 of theIndependent Commissioner Against Corruption Act 2017 .official visitor , see section 4 of theCorrectional Services Act 2014 .spent record includes:(a) a finding that an offence has not been proved; and
(b) a charge that is pending.
volunteer , see section 4 of theCorrectional Services Act 2014 .vulnerable persons includes children, aged persons and persons with a physical or intellectual disability or mental illness.
Nothing in this Act authorises a person to disclose a charge, finding, order or conviction, or to take a charge, finding, order or conviction into account, if to do so would contravene any other law in force in the Territory.
Nothing in this Act affects anything lawfully done before a matter to which this Act applies becomes, or becomes the subject of, a spent record.
This Act does not authorise the destruction by or on behalf of a public authority of a spent record.
(1) The Administrator may make regulations, not inconsistent with this Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The Regulations may provide that this Act or a provision of this Act does not affect another Act or a provision of another Act, whether enacted before or after the commencement of this Act and, on a regulation being so made, this Act shall be construed accordingly.
(3) The Regulations may provide that a provision of this Act does not apply to or in relation to:
(a) a specific record or part of a record or information relating to that record;
(b) a specified person or class of persons; and/or
(c) specified circumstances,
and on a regulation being so made this Act shall be construed accordingly.
(4) Without limiting the Administrator’s power under this section, the Minister shall, in the fifth year after regulations referred to in subsection (3) are made and in each succeeding fifth year thereafter while any such regulations remain in force, review the regulations for the purpose of deciding whether the Administrator should be advised to repeal or amend the regulations.
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 14 December 1992 |
Commenced | 29 March 1993 ( |
Assent date | 14 September 1993 |
Commenced | 14 September 1993 |
Assent date | 19 April 1996 |
Commenced | 1 July 1996 (s 2, s 2 |
Assent date | 17 September 1996 |
Commenced | 17 September 1996 |
Assent date | 25 March 1998 |
Commenced | 22 April 1998 ( |
Assent date | 5 July 2002 |
Commenced | 31 July 2002 ( |
Assent date | 7 November 2002 |
Commenced | 7 November 2002 |
Assent date | 7 January 2004 |
Commenced | 17 March 2004 ( |
Assent date | 15 September 2004 |
Commenced | 27 October 2004 ( |
Assent date | 17 March 2005 |
Commenced | 18 May 2005 (s 2, s 2 |
Assent date | 6 May 2005 |
Commenced | 13 July 2005 ( |
Assent date | 22 September 2005 |
Commenced | 1 August 2006 (s 2, s 2 |
Assent date | 8 March 2007 |
Commenced | 8 March 2007 |
Assent date | 20 May 2010 |
Commenced | 1 July 2010 ( |
Assent date | 9 September 2010 |
Commenced | 13 October 2010 ( |
Assent date | 21 November 2012 |
Commenced | 1 January 2013 ( |
Assent date | 2 June 2014 |
Commenced | s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014, (s 2) |
Assent date | 4 September 2014 |
Commenced | 9 September 2014 ( |
Assent date | 6 April 2016 |
Commenced | 1 May 2016 (s 2, s 2 |
Assent date | 31 May 2017 |
Commenced | 31 May 2017 |
Assent date | 21 February 2018 |
Commenced | 30 November 2018 (s 2, s 2 |
Assent date | 23 May 2018 |
Commenced | 20 June 2018 ( |
Assent date | 13 December 2019 |
Commenced | 12 June 2020 ( |
Assent date | 9 March 2020 |
Commenced | 1 July 2020 ( |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
s 3 amd No. 17, 1996, s 6; No. 42, 1996, s 6; No. 8, 1998, s 4; No. 59, 2002, s 5; No. 54, 2004, s 7; No. 7, 2005, s 3; No. 33, 2005, s 5; No. 29, 2010, s 7; No. 19, 2014, s 26; No. 27, 2014, s 4; No. 8, 2016, s 45; No. 9, 2017, s 9; No. 10, 2018, s 6; No. 3, 2018, s 15
s 4 amd No. 33, 2005, s 5; No. 23, 2012, s 32
s 6 amd No. 26, 2002, s 4; No. 33, 2005, s 5
s 6A ins No. 26, 2002, s 5
amd No. 33, 2005, s 5; No. 4, 2007, s 7
s 7 amd No. 17, 1996, s 6; No. 33, 2005, s 5
s 10 amd No. 20, 2005, s 25
s 12 amd No. 35, 1993, s 2; No. 12, 2010, s 3
s 13 amd No. 1, 2004, s 26; No. 12, 2010, s 3
s 14 amd No. 12, 2010, s 3
s 15 amd No. 8, 1998, s 5; No. 1, 2004, s 27; No. 27, 2014, s 5; No. 8, 2016, s 45; No. 40, 2019, s 34
s 15A ins No. 1, 2004, s 28
amd No. 27, 2014, s 6; No. 3, 2018, s 16; No. 7, 2020, s 64
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