Spent Convictions Act 2009 (SA)

Legislation au South Australian Legislation - Acts (SALegAct) S O U T H A U S T R A L I A N L E G I S L A T I O N

Legislation content

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…

Continue reading Spent Convictions Act 2009 (SA)

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.