South Australia
Spent Convictions Act 2009
An Act to limit the effect of a person's conviction for certain offences if the person completes a period of crime‑free behaviour or if the conduct constituting the offence has been decriminalised and for other purposes.
Contents
Part 1—Preliminary
1Short title
3Preliminary
4Meaning of spent conviction
5Scope of Act
6Application of Act
6AQualified magistrates
Part 2—Requirements for a conviction to become spent
7Determination of qualification period
8Spent conviction—general provision
8ASpent conviction for eligible sex offence
8BSpent conviction for designated sex‑related offence
8CSpent conviction for prescribed public decency offence
9Subsequent conviction after conviction becomes spent
Part 3—Effect of a conviction becoming spent
Division 1—General provisions
10Ability to disregard spent convictions
11Unlawful disclosures—public records
12Unlawful disclosures—business activities
Division 2—Exclusions
13Exclusions
13AExclusions may not apply
Part 4—Miscellaneous
14Improperly obtaining information about spent convictions
15Prerogative of mercy not affected
16Act does not authorise destruction of records
17Regulations
Schedule 1—Exclusions
a1Application of exclusions
1Justice agencies
2Commonwealth agencies
3Designated judicial authorities
4Parole Board
5Judicial and associated officers
6Care of children
7Care of vulnerable people
8Activities associated with a character test
9Firefighting, police and correctional services
9AScreening units
10Official records
11Archives and libraries
12Reports and authorised publications
13Non-identifying information
14Prescribed exclusions
Schedule 2—Provisions relating to proceedings before a qualified magistrate
1Interpretation
1AApplication for a spent conviction order—designated sex‑related offences and prescribed public decency offences
2Extent of application
3Notice of application
4Conduct of proceedings
5Principles governing hearings
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Spent Convictions Act 2009.
3—Preliminary
(1)In this Act, unless the contrary intention appears—
adult means a person of or above the age of 18 years;
AUSTRAC means the Australian Transaction Reports and Analysis Centre continued in existence by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth;
child means a person under the age of 18 years;
Commonwealth authority means—
(a)a Commonwealth Minister; or
(b)a Commonwealth Department; or
(c)the Defence Force; or
(d)a body (whether incorporated or not) established or appointed for a public purpose by or under a Commonwealth law, not being—
(i)an incorporated company, society or association; or
(ii)an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth, or a branch of such an organisation or association; or
(e)a body established or appointed by the Governor‑General, or by a Commonwealth Minister, otherwise than by or under a Commonwealth law; or
(f)a person holding or performing the duties of an office established by or under, or an appointment made under, a Commonwealth law other than the office of Secretary of a Commonwealth Department; or
(g)a person holding or performing the duties of an appointment made by the Governor‑General, or by a Commonwealth Minister, otherwise than under a Commonwealth law; or
(h)a federal court; or
(i)a tribunal established under a Commonwealth law; or
(j)the Australian Federal Police;
Commonwealth Department means an Agency within the meaning of the Public Service Act 1999 of the…