Spent Convictions Act 2021 (Vic)
Version No. 011
Spent Convictions Act 2021
No. 13 of 2021
Version incorporating amendments as at
30 September 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Act binds the Crown
5Meaning of conviction
5AMeaning of custodial term
5BHow length of custodial term to be determined
6Application of Act to past convictions
Part 2—Convictions spent by operation of this Act
Division 1—Convictions spent automatically by operation of this Act
7Convictions spent with immediate effect
8Convictions spent on expiry of conviction period
9Conviction period
10Commencement and recommencement of conviction period
Division 2—Convictions spent on application
11Application for spent conviction order
12Form and content of application
13Service of application
14Submissions
15Spent conviction order determined without hearing
16Spent conviction order determined with hearing
17Principles for hearings
18Refusal to accept application
19Magistrates' Court may make spent conviction order
Part 3—Spent convictions
Division 1—Effect of conviction becoming spent
20Effect of conviction becoming spent
Division 2—Disclosable spent convictions
21Use of criminal record information by law enforcement agencies, courts and tribunals
22Use of criminal record information by specified persons and bodies
22ACollection, use and disclosure of criminal record information by Court Services Victoria
22BDisclosure of criminal record information for purposes under the Family Violence Protection Act 2008
22CDisclosure of criminal record information for purposes under the Child Wellbeing and Safety Act 2005
22DDisclosure of criminal record information by researchers and analysts
22EDisclosure of criminal record information for reports on judicial decisions and proceedings
Part 4—Offences
23Unlawful disclosure of conviction information
24Obtaining spent conviction information by fraud or dishonesty
Part 4A—Spent childhood convictions
24ADisclosure of spent childhood conviction
24BRestriction on use of spent childhood conviction for law enforcement function
24CRestriction on use of spent childhood conviction in civil or criminal proceeding
24DRestriction on use of spent childhood conviction for other purposes
24EOffence to contravene spent childhood conviction safeguards
Part 5—General
25Review of operation of Act
26Regulations
Part 6—Transitional provisions
27Justice Legislation Amendment Act 2023
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 011
Spent Convictions Act 2021
No. 13 of 2021
Version incorporating amendments as at
30 September 2025
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to establish a scheme for convictions to become spent automatically or on application; and
(b)to provide for limited collection, use and disclosure of a spent conviction of a person for the purposes of administration of justice or performance of statutory functions; and
(c)to create offences for disclosing information about a spent conviction or obtaining information about a spent conviction fraudulently or dishonestly; and
(d)to amend the Equal Opportunity Act 2010 to make a spent conviction an attribute on the basis of which discrimination is prohibited under that Act.
2Commencement
(1)Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act (other than Division 2 of Part 2) does not come into operation before 1 December 2021, it comes into operation on that day.
(3)If a provision of Division 2 of Part 2 does not come into operation before 1 July 2022, it comes into operation on that day.
3Definitions
In this Act—
Australian Bureau of Statistics means the Bureau established under section 5(1) of the Australian Bureau of Statistics Act 1975 of the Commonwealth;
authorised Hub entity has the same meaning as in section 144SB of the Family Violence Protection Act 2008;
Central Information Point has the same meaning as in section 144A of the Family Violence Protection Act 2008;
Chief Statistician means the person employed as the Chief Statistician under section 4 of the Crime Statistics Act 2014;
child, in relation to a person convicted of an offence, means a person who was under the age of 18 years at the time of the commission of the offence;
Child Link user has the same meaning as in section 46A of the Child Wellbeing and Safety Act 2005;
child wellbeing information sharing entity means an information sharing entity within the meaning of section 3(1) of the Child Wellbeing and Safety Act 2005;
conviction has the meaning given by section 5;
conviction period has the meaning given by section 9;
Council of Law Reporting means the Council of Law Reporting in Victoria incorporated by the Council of Law Reporting in Victoria Act 1967;
court secure treatment order has the same meaning as in section 3(1) of the Sentencing Act 1991;
Court Services Victoria has the same meaning as in section 3 of the Court Services Victoria Act 2014;
criminal record, in relation to a person, means a document produced by a law enforcement agency that sets out all convictions of the person;
custodial term has the meaning given by section 5A;
de-identified has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;
Department has the same meaning as in section 4(1) of the Public Administration Act 2004;
* * * * *
drug and alcohol treatment order has the same meaning as in section 3(1) of the Sentencing Act 1991;
family violence information sharing entity means an information sharing entity within the meaning of section 4 of the Family Violence Protection Act 2008;
foreign law means a law of a country other than Australia;
infringement conviction means an infringement notice that has taken effect as a conviction of the offence specified in the notice;
interstate law means a law of another State or a Territory or the Commonwealth;
intimate image offence has the same meaning as in the Criminal Procedure Act 2009;
law enforcement agency means any of the following—
(a)a Victorian law enforcement agency;
(b)the Australian Federal Police;
(c)the police force or police service of another State or a Territory;
(d)the Australian Criminal Intelligence Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth;
(e)a commission established under an interstate law with the function of investigating matters relating to criminal activity generally or of a specified class or classes;
(f)a Commonwealth or interstate agency responsible for the performance of functions or activities directed to any law enforcement function;
(g)a Commonwealth or interstate agency responsible for the execution or implementation of an order or decision made by a court or tribunal;
(h)a Commonwealth or interstate agency that provides correctional services;
(i)a Commonwealth or interstate agency responsible for the protection of the public revenue under a law administered by the agency;
(j)a prescribed person or body;
law enforcement function means—
(a)the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or
(b)the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such laws, or of orders made under such laws; or
(c)the execution or implementation of an order or decision made by a court or tribunal;
member of the staff, of Court Services Victoria, has the same meaning as in section 3 of the Court Services Victoria Act 2014;
publish means disseminate or provide access to the public or a section of the public by any means, including by—
(a)publication in a book, newspaper, magazine or other written publication; or
(b)broadcast by radio or television; or
(c)public exhibition; or
(d)broadcast or electronic communication;
residential treatment order has the same meaning as in section 3(1) of the Sentencing Act 1991;
restricted information sharing entity has the same meaning as in section 3(1) of the Child Wellbeing and Safety Act 2005;
Sentencing Advisory Council means the Sentencing Advisory Council established under Part 9A of the Sentencing Act 1991;
serious conviction means—
(a)a conviction for which the sentence imposed includes a custodial term of more than 30 months; or
(b)a conviction of a person for a sexual offence; or
(c)a conviction of a person for a serious violence offence;
sexual offence has the meaning given by section 4 of the Criminal Procedure Act 2009 but does not include an intimate image offence;
serious violence offence has the same meaning as in the Serious Offenders Act 2018;
spent childhood conviction means a conviction imposed on a person at 10 or 11 years of age and spent with immediate effect because of the application of section 7(1)(c);
spent conviction means—
(a)a conviction that has become spent due to the operation of Part 2; or
(b)a conviction under an interstate law that is spent by operation of a law of the State or Territory or the Commonwealth under the law of which the conviction is imposed;
spent conviction order means an order under section 19(1);
Statistician has the same meaning as in section 3 of the Australian Bureau of Statistics Act 1975 of the Commonwealth;
Victoria Police has the same meaning as in the Victoria Police Act 2013;
Victorian court means any of the following—
(a)the Supreme Court;
(b)the County Court;
(c)the Magistrates' Court;
(d)the Children's Court;
(e)the Coroners Court;
Victorian law enforcement agency means any of the following—
(a)Victoria Police;
(b)the Adult Parole Board established under section 61 of the Corrections Act 1986;
(c)the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004;
(d)the Commissioner employed under section 8A of the Corrections Act 1986;
(e)a contractor within the meaning of the Corrections Act 1986, or a subcontractor of that contractor, but only in relation to a function or duty or the exercise of a power conferred by or under that Act;
(f)the Director, Fines Victoria employed in accordance with section 4 of the Fines Reform Act 2014;
(g)the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad-based Anti‑corruption Commission Act 2011;
(h)the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018;
(i)the Secretary to the Department of Justice and Community Safety;
(j)the Secretary to the Department of Transport and Planning;
(k)the sheriff within the meaning of the Sheriff Act 2009;
(l)the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011;
(m)the Youth Parole Board within the meaning of the Children, Youth and Families Act 2005;
(n)a Victorian agency responsible for the performance of functions or activities directed to any law enforcement function;
(o)a Victorian agency responsible for the execution or implementation of an order or decision made by a Victorian court or Victorian tribunal;
(p)a Victorian agency that provides correctional services;
(q)a Victorian agency responsible for the protection of the public revenue under a law administered by the agency;
(r)a prescribed person or body;
Victorian tribunal means—
(a)VCAT;
(b)the Victims of Crime Assistance Tribunal established by Part 3 of the Victims of Crime Assistance Act 1996;
(c)the Mental Health Tribunal established under section 330 of the Mental Health and Wellbeing Act 2022;
young offender, in relation to a person who has been convicted of an offence and sentenced, means a person who is under the age of 21 years at the time of sentencing;
youth justice centre has the same meaning as in the Children, Youth and Families Act 2005;
youth residential centre has the same meaning as in the Children, Youth and Families Act 2005.
4Act binds the Crown
This Act binds the Crown—
(a)in right of the State of Victoria; and
(b)to the extent that the legislative power of the Parliament permits, in all its other capacities.
5Meaning of conviction
(1)In this Act, conviction means—
(a)a finding of guilt by a court for an offence—
(i)whether or not a conviction is recorded by the court; and
(ii)whether the offence is an indictable offence or a summary offence; or
(b)an infringement conviction for an offence.
(2)For the purposes of subsection (1)(a), a finding of guilt includes a qualified finding of guilt under section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, or a finding under a provision of an interstate law or a foreign law that corresponds to either or both of those provisions.
(3)For the purposes of subsection (1), an offence includes an offence against an interstate law or a foreign law that, if it had been committed in Victoria, would have constituted an offence against a law of Victoria.
5AMeaning of custodial term
(1)For the purposes of this Act, a sentence imposed on a person for a conviction includes a custodial term if the sentence is or includes—
(a)an order that the person serve a term of—
(i)imprisonment; or
(ii)detention in a youth justice centre or a youth residential centre; or
(b)a court secure treatment order.
(2)Despite subsection (1), a sentence that is or includes an order referred to in paragraph (a) or (b) of that subsection is taken to be a sentence that does not include a custodial term if the length of the custodial term is zero days.
(3)If an aggregate sentence that includes a custodial term of a particular length is imposed on a person under section 362B of the Children, Youth and Families Act 2005 or section 9 of the Sentencing Act 1991, each conviction to which the aggregate sentence relates is taken to have a sentence that includes a custodial term of that length.
(4)For the purposes of this Act, the length of a custodial term is to be determined in accordance with section 5B.
5BHow length of custodial term to be determined
(1)The length of a custodial term included in a sentence imposed on a person is, subject to this section, the length of time that the person is liable under that sentence—
(a)to be imprisoned; or
(b)to be detained in a youth justice centre or a youth residential centre; or
(c)to be detained and treated at a designated mental health service (within the meaning of the Sentencing Act 1991).
(2)The length of a custodial term includes any part of the custodial term during which the person is released on parole, but does not include any time to which subsection (3) applies.
(3)Time to which this subsection applies is time—
(a)that a sentence provides—
(i)is to be served other than by the person being imprisoned or detained as described in subsection (1); or
(ii)is to elapse without that imprisonment or detention occurring; and
(b)that is served, or that elapses, in that way.
(4)Without limiting subsection (3), time to which that subsection applies includes—
(a)any part of the custodial part of a drug and alcohol treatment order that elapsed without being activated under Subdivision 1C of Division 2 of Part 3 of the Sentencing Act 1991; and
(b)any part of a term of imprisonment that the person served by way of home detention in accordance with section 18ZT of the Sentencing Act 1991 (as in force before its repeal on 1 January 2011); and
(c)any part of a term of imprisonment that the person served by way of an intensive correction order made under section 19 of the Sentencing Act 1991 (as in force before its repeal); and
(d)any part of a term of imprisonment that the person served by way of a residential treatment order; and
(e)any part of a term of imprisonment or detention that was suspended and that elapsed without being served in prison or detention.
(5)The following matters do not reduce the length of a custodial term—
(a)the fact that any period of custody is reckoned to be a period of imprisonment or detention already served;
(b)the fact that the custodial term is served concurrently with another term of imprisonment or detention imposed for another conviction;
(c)in the case of a court secure treatment order, the fact that any part of the duration of the order has effect as a sentence of imprisonment under section 94C(4) of the Sentencing Act 1991.
6Application of Act to past convictions
This Act applies to a conviction imposed before, on or after the day on which this Act comes into operation.
PART 2—CONVICTIONS SPENT BY OPERATION OF THIS ACT
Division 1—Convictions spent automatically by operation of this Act
7Convictions spent with immediate effect
(1)Subject to subsection (2), a conviction for an offence against a law of Victoria or a foreign law by a natural person becomes spent on the day on which the person is convicted if—
(a)the conviction is not recorded by a court; or
(b)the conviction is a qualified finding of guilt under section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or a finding under a provision of a foreign law that corresponds to either or both of those provisions; or
(c)the conviction (including a serious conviction) is for an offence committed when the person was under the age of 15 years; or
(d)the only penalty imposed on conviction is a fine imposed by the Children's Court or a court of a country other than Australia that corresponds to the Children's Court; or
(e)the conviction is an infringement conviction or a conviction under a foreign law that corresponds to an infringement conviction.
(2)If a court imposes a penalty with a condition attached for the conviction, the person's conviction does not become spent under this section until the person completes all conditions attached to the penalty.
(3)For the purposes of subsection (1)(c), a serious conviction includes a conviction under a foreign law that, if it had been imposed in Victoria, would have constituted a serious conviction.
(4)In this section—
fine means the sum of money payable by a person under an order of a court made on the person being convicted of an offence and includes any penalties, forfeitures, sums of money and costs ordered to be paid by the person fined.
8Convictions spent on expiry of conviction period
A conviction for an offence against a law of Victoria or a foreign law by a natural person becomes spent on the day on which the conviction period for the conviction expires unless—
(a)the conviction is a serious conviction; or
(b)section 7 applies to the conviction.
9Conviction period
(1)A conviction period is a period of—
(a)for a conviction of a child or young offender—5 years; or
(b)for a conviction of any other person—10 years.
(2)For the purposes of this section, the conviction period for a conviction for an offence against a foreign law is taken to be the conviction period specified in subsection (1) for a conviction for the offence under the law of Victoria that corresponds (or most closely corresponds) to that conviction.
10Commencement and recommencement of conviction period
(1)Subject to subsection (2), the conviction period for a conviction commences on the day a court makes the finding of guilt that constitutes the conviction.
(2)If, after a conviction period commences for a conviction of a person (the first conviction) a subsequent conviction of the person is made (the subsequent conviction), the conviction period for the first conviction is taken to run from the day that the subsequent conviction is made.
(3)Subsection (2) does not apply if the subsequent conviction is a conviction—
(a)for which the only penalty imposed is a fine not exceeding 10 penalty units or, if the fine is imposed outside of Victoria, an amount equivalent to the value of 10 penalty units; or
(b)for which the only penalty imposed is an order to pay an amount as restitution or compensation; or
(c)for which no penalty is imposed; or
(d)for which no conviction is recorded by a court.
(4)In this section—
fine means the sum of money payable by a person under an order of a court made on the person being convicted of an offence and includes costs, but does not include—
(a)money payable by way of restitution or compensation; or
(b)any costs of or incidental to an application for restitution or compensation payable by an offender under an order of a court; or
(c)costs incurred between the parties in a civil proceeding; or
(d)costs incurred by third parties; or
(e)money payable by a person under an order of a court to an organisation that provides a charitable or community service or to the court for payment to such an organisation.
Division 2—Convictions spent on application
11Application for spent conviction order
(1)A person may apply to the Magistrates' Court for a spent conviction order in relation to a serious conviction of the person for an offence against a law of Victoria if—
(a)the person was a child or a young offender; or
(b)the serious conviction was for a serious violence offence or a sexual offence and the sentence imposed for the offence did not include a custodial term; or
(c)the serious conviction was for any other offence for which the sentence imposed included a custodial term of not more than 5 years.
(2)A person must not apply for a spent conviction order under subsection (1) in relation to a conviction before the day on which the conviction period for that conviction expires.
(3)A person may apply for a spent conviction order under subsection (1) in relation to more than one conviction imposed on the person.
(4)A person must not apply for a spent conviction order under subsection (1) in relation to a conviction if—
(a)the Magistrates' Court has refused an application under this Division (other than a refusal under section 18(c)) in relation to that conviction within the previous 2 years; and
(b)the person fails to produce new information in support of the application.
(5)If a person is unable to apply for a spent conviction order under subsection (1) because of a disability within the meaning of the Equal Opportunity Act 2010, the person's guardian within the meaning of the Guardianship and Administration Act 2019 may apply under subsection (1) on behalf of the person in relation to a serious conviction of the person.
12Form and content of application
(1)An application under section 11 must be made in writing and set out—
(a)the full name of the applicant; and
(b)the conviction in relation to which the spent conviction order is sought; and
(c)information in support of the rehabilitation of the applicant; and
(d)any prescribed information.
(2)The Magistrates' Court may issue a written notice requiring an applicant to provide further information in support of the application that the Court thinks fit.
(3)An application under section 11 must be accompanied by any prescribed fee.
13Service of application
As soon as practicable after a person makes an application under section 11, the person must serve a copy of the application on—
(a)the Attorney-General; and
(b)the Chief Commissioner of Police.
14Submissions
(1)On being served a copy of an application made under section 11, the Attorney-General and the Chief Commissioner of Police may make any submission to the Magistrates' Court in respect of the conviction in relation to which the spent conviction order is sought.
(2)Before the expiry of a period of 28 days after being served a copy of the application, the Attorney-General and the Chief Commissioner of Police must give written notice to the Magistrates' Court stating whether or not the Attorney-General or the Chief Commissioner of Police (as the case requires) intends to make a submission.
15Spent conviction order determined without hearing
(1)The Magistrates' Court may determine an application under section 11 without holding a hearing unless a written notice of intention to make a submission is given under section 14(2).
(2)The Magistrates' Court must not make a determination under subsection (1) before the expiry of a period of 28 days after the application is served in accordance with section 13.
16Spent conviction order determined with hearing
(1)The Magistrates' Court may hold a hearing to determine an application under section 11.
(2)A hearing must be closed to the public unless the Court considers that the circumstances of the case justify the hearing being open to the public.
(3)If the Court holds a hearing the Court must give written notice of the time, date and place of the hearing to the following persons—
(a)the applicant;
(b)the Attorney-General;
(c)the Chief Commissioner of Police.
(4)If a hearing is closed to the public, the Court must provide directions on which persons may be present at the hearing in addition to the persons specified in subsection (3).
17Principles for hearings
In a hearing conducted under section 16, the Magistrates' Court—
(a)is not bound by the rules of evidence and may inform itself in any way the Court thinks fit; and
(b)must act with regard to the substance of the application under section 11 and without regard to technicalities or legal forms that are not set out under this Act.
18Refusal to accept application
The Magistrates' Court may refuse to accept an application under section 11 if the Court is satisfied that the application—
(a)is vexatious; or
(b)is misconceived; or
(c)does not comply with section 12.
19Magistrates' Court may make spent conviction order
(1)On an application under section 11, the Magistrates' Court may order a conviction of a person in relation to which the application is made to become spent.
(2)In determining whether to make an order under subsection (1), the Court must consider—
(a)the nature, circumstances and seriousness of the offence to which the application relates; and
(b)the impact on any victim of the offence to which the application relates; and
(c)the personal circumstances of the applicant; and
(d)in relation to an applicant who is an Aboriginal or Torres Strait Islander person, unique factors of background affecting Aboriginal or Torres Strait Islander persons including but not limited to—
(i)factors relating to incarceration of Aboriginal and Torres Strait Islander persons; and
(ii)factors relating to impacts on Aboriginal and Torres Strait Islander persons of disclosure of a criminal record; and
(e)the age and maturity of the applicant when the offence was committed; and
(f)any demonstrated rehabilitation of the applicant; and
(g)any risk to public safety of making a spent conviction order for the conviction; and
(h)any other matter that the Court considers relevant.
(3)If the Magistrates' Court makes or refuses to make an order under subsection (1), the Court must send, as soon as practicable, a copy of the order or refusal to—
(a)the applicant; and
(b)the Chief Commissioner of Police.
PART 3—SPENT CONVICTIONS
Division 1—Effect of conviction becoming spent
20Effect of conviction becoming spent
(1)Subject to this Part—
(a)a spent conviction does not form part of a person's criminal record; and
(b)a person is not required to disclose to another person—
(i)the existence of a spent conviction; or
(ii)information in relation to a spent conviction; and
(c)a person must not request that another person disclose—
(i)the existence of a spent conviction; or
(ii)information in relation to a spent conviction.
(2)A spent conviction is not revived by any subsequent conviction of the person.
(3)This section applies despite anything to the contrary in Subdivision (1) of Division 7 of Part II of the Constitution Act 1975.
(4)Without limiting subsection (3), a reference to a conviction or finding of guilt in section 44(3) of the Constitution Act 1975 does not include a spent conviction.
Division 2—Disclosable spent convictions
21Use of criminal record information by law enforcement agencies, courts and tribunals
(1)A law enforcement agency or a court or tribunal may disclose a spent conviction as part of the disclosure of the criminal record of a person, or information contained in the criminal record of a person—
(a)to another law enforcement agency, court or tribunal—
(i)for the purposes of performing a function or exercising a power under any Act; or
(ii)for the purposes of enabling the other law enforcement agency, court or tribunal to perform a function or exercise a power under any Act; or
(b)for the purposes of performing a law enforcement function; or
(c)to any person or body, including the following, for the purpose of that person or body conducting research, statistical analysis or modelling—
(i)the Australian Bureau of Statistics;
(ii)the Chief Statistician;
(iii)the Statistician;
(iv)the Sentencing Advisory Council;
(v)the Secretary of a Department.
(2)On the request of the person to whom a criminal record relates, a law enforcement agency or a court or tribunal may disclose a spent conviction or information contained in the criminal record to that person.
(3)A court or tribunal may collect or use, or disclose to any person as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction—
(a)in the course of a legal proceeding before a court or tribunal; and
(b)in the course of publication or dissemination of decisions of the court or tribunal.
(3A)A court or tribunal may collect or use, or disclose as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction—
(a)to the Council of Law Reporting or a licensee of the Council for the purpose of preparing or publishing—
(i)a decision of a court or tribunal; or
(ii)a report of a proceeding in a court or tribunal; or
(b)to a person or body given access to a record kept by or on behalf of a court or tribunal—
(i)by or under any other enactment; or
(ii)at the discretion of a court in the exercise of its implied jurisdiction and, in the case of the Supreme Court, its inherent jurisdiction.
(4)The Commissioner employed under section 8A of the Corrections Act 1986 may collect or use, or disclose to any person as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction if the collection, use or disclosure is in accordance with, or for the purposes of performing a function or exercising a power under, Corrections legislation or Corrections‑related legislation within the meaning of section 104ZX of the Corrections Act 1986.
(5)Subsections (1) and (2) apply to the disclosure of a spent conviction or information relating to a spent conviction by a person who is—
(a)employed or contracted by a law enforcement agency or a member of a law enforcement agency; and
(b)acting in the course of the person's duty.
(6)Subsections (1), (2), (3) and (3A) apply to the collection, use or disclosure of a spent conviction or information relating to a spent conviction by a person who is—
(a)employed or contracted by a court or tribunal; and
(b)acting in the course of the person's duty.
22Use of criminal record information by specified persons and bodies
(1)A law enforcement agency may disclose a spent conviction as part of the disclosure of the criminal record of a person, or information contained in the criminal record of a person, to a person or body specified in column 1 of the Table at the foot of this section if—
(a)that person or body is obtaining the criminal record, or information contained in the criminal record, in performance of a function specified in respect of that person or body in column 2 of the Table; and
(b)that function is performed under a law specified in respect of that function in column 3 of the Table.
(2)A law enforcement agency or a court or tribunal may disclose a spent conviction as part of the disclosure of the criminal record of a person, or information contained in the criminal record of a person, to a prescribed person or body if the prescribed person or body is performing a prescribed function under a prescribed law.
(3)A person or body specified in column 1 of the Table at the foot of this section or a prescribed person or body may disclose information that relates to a spent conviction—
(a)to a court or tribunal in the course of legal proceedings; or
(b)pursuant to an order of a court or tribunal; or
(c)to the extent reasonably required to enable the investigation or the enforcement of a law of Victoria or an interstate law; or
(d)to a person or body established under an interstate law with functions or powers that correspond with the functions or powers of the Chief Commissioner of Police under this Act; or
(e)to an Australian legal practitioner for the purpose of obtaining legal advice or representation; or
(f)to a prescribed person or body for a prescribed purpose.
(4)Subsections (1), (2) and (3) apply to a disclosure of a spent conviction by a person acting in the course of the person's duty who is—
(a)employed or contracted by—
(i)a law enforcement agency; or
(ii)a court or tribunal; or
(iii)a person or body specified in column 1 of the Table at the foot of this section; or
(iv)a prescribed person or body.
(b)a member of a law enforcement agency.
Table 1—Specified disclosures
| Column 1 | Column 2 | Column 3 |
| A public body of another State or a Territory that corresponds to the Department of Government Services | WWC check | An interstate law that corresponds (or most closely corresponds) to the Worker Screening Act 2020 |
| Australian Health Practitioner Regulation Agency | Registration and accreditation of health professionals | Health Practitioner Regulation National Law |
| Business Licensing Authority | Licensing | Sex Work Act 1994 |
| Safe Transport Victoria | Bus driver accreditation | Transport (Compliance and Miscellaneous) Act 1983 |
| Safe Transport Victoria | Driver accreditation | Commercial Passenger Vehicle Industry Act 2017 |
| Commission for Children and Young People | Administering, overseeing and monitoring the reportable conduct scheme | Child Wellbeing and Safety Act 2005 |
| Commissioner employed under section 8A of the Corrections Act 1986 | Employment or contracting of a person | Public Administration Act 2004 |
| Commissioner employed under section 8A of the Corrections Act 1986 | Employment or contracting of a person | Corrections Act 1986 |
| Community services within the meaning of the Children, Youth and Families Act 2005 | Assessment of a person to provide care to a child | Children, Youth and Families Act 2005 |
| Court Services Victoria | Employment of staff | Court Services Victoria Act 2014 |
| Court Services Victoria | Employment of staff | Public Administration Act 2004 |
| Safe Transport Victoria within the meaning of section 3 of the Transport Integration Act 2010 | Bus operator accreditation | Bus Safety Act 2009 |
| Safe Transport Victoria within the meaning of section 3 of the Transport Integration Act 2010 | Issuing permissions | Marine Safety Act 2010 |
| Disability Worker Registration Board of Victoria | Registration and regulation of registered disability workers and disability students | Disability Service Safeguards Act 2018 |
| Head, Transport for Victoria | Driving instructor authority | Road Safety Act 1986 |
| Independent Broad-based Anti-corruption Commission | Employment of staff and engagement of consultants | Independent Broad‑based Anti‑corruption Commission Act 2011 |
| Office of the Victorian Information Commissioner | Employment of staff | Freedom of Information Act 1982 |
| Office of the Victorian Information Commissioner | Employment of staff | Public Administration Act 2004 |
| Professional Boxing and Combat Sports Board | Licensing | Professional Boxing and Combat Sports Act 1985 |
| Registrar of Marriage Celebrants | Registration of marriage celebrants | Marriage Act 1961 of the Commonwealth |
| Registrar of Ministers of Religion | Registration of marriage celebrants | Marriage Act 1961 of the Commonwealth |
| Regulator within the meaning of the Tobacco Act 1987 | Licensing | Tobacco Act 1987 |
| Secretary to the Department of Education | Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity | Child Wellbeing and Safety Act 2005 |
| Secretary to the Department of Education | Information sharing as a family violence information sharing entity | Family Violence Protection Act 2008 |
| Secretary to the Department of Families, Fairness and Housing | Assessment of a person to provide care to a child | Children, Youth and Families Act 2005 |
| Secretary to the Department of Families, Fairness and Housing | Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity | Child Wellbeing and Safety Act 2005 |
| Secretary to the Department of Families, Fairness and Housing | Information sharing as a family violence information sharing entity | Family Violence Protection Act 2008 |
| Secretary to the Department of Families, Fairness and Housing | Assessment of a person's suitability for admission to a residential treatment facility and preparation of a plan of available services | Sentencing Act 1991 |
| Secretary to the Department of Families, Fairness and Housing | Reporting to a court on the efficacy of a supervision order and treatment | Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 |
| Secretary to the Department of Government Services | WWC check | Worker Screening Act 2020 |
| Secretary to the Department of Home Affairs of the Commonwealth | Immigration | Migration Act 1958 of the Commonwealth |
| Secretary to the Department of Jobs, Skills, Industry and Regions | Licensing for low-THC cannabis authorities | Drugs, Poisons and Controlled Substances Act 1981 |
| Secretary to the Department of Jobs, Skills, Industry and Regions | Licensing for poppy cultivation licences and poppy processing licenses | Drugs, Poisons and Controlled Substances Act 1981 |
| Secretary to the Department of Justice and Community Safety | Appointment of honorary justices | Honorary Justices Act 2014 |
| Secretary to the Department of Justice and Community Safety | Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity | Child Wellbeing and Safety Act 2005 |
| Secretary to the Department of Justice and Community Safety | Information sharing as a family violence information sharing entity | Family Violence Protection Act 2008 |
| Secretary within the meaning of the Narcotic Drugs Act 1967 of the Commonwealth | Licensing | Narcotic Drugs Act 1967 of the Commonwealth |
| Victoria Police | Employment or contracting of a person | Public Administration Act 2004 |
| Victoria Police | Employment or contracting of a person | Victoria Police Act 2013 |
| Victoria Police | Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity | Child Wellbeing and Safety Act 2005 |
| Victoria Police | Information sharing as a family violence information sharing entity | Family Violence Protection Act 2008 |
| Victoria Police | Licensing | Firearms Act 1996 |
| Victoria Police | Licensing | Private Security Act 2004 |
| Victorian Gambling and Casino Control Commission | Issuing licences | Gambling Regulation Act 2003 |
| Victorian Gambling and Casino Control Commission | Granting licences | Casino Control Act 1991 |
| Victorian Disability Worker Commission | Regulation of registered disability workers and disability students | Disability Service Safeguards Act 2018 |
| Victorian Disability Worker Commission | Regulation of unregistered disability workers | Disability Service Safeguards Act 2018 |
| Victorian Institute of Teaching | Regulating members of the teaching profession | Education and Training Reform Act 2006 |
| Victorian Legal Admissions Board | Admission to the Australian legal profession in Victoria | Legal Profession Uniform Law Application Act 2014 |
22ACollection, use and disclosure of criminal record information by Court Services Victoria
(1)Court Services Victoria may collect or use, or disclose to any person as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction if the collection, use or disclosure of the information—
(a)is for the purpose of supporting a court or tribunal in the performance of a function; and
(b)would be permitted under this Act if that function were performed by that court or tribunal.
(2)Subsection (1) applies to the collection, use or disclosure of a spent conviction or information relating to a spent conviction by a person who is—
(a)a member of the staff or a contractor of Court Services Victoria; and
(b)acting in the course of the person's duty.
22BDisclosure of criminal record information for purposes under the Family Violence Protection Act 2008
A family violence information sharing entity may disclose, as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction to any of the following for the purposes of Part 5A or 5B of the Family Violence Protection Act 2008—
(a)another family violence information sharing entity;
(b)the Central Information Point;
(c)an authorised Hub entity;
(d)if the family violence information sharing entity is authorised to disclose the information to a person under section 144M of the Family Violence Protection Act 2008, that person.
22CDisclosure of criminal record information for purposes under the Child Wellbeing and Safety Act 2005
A child wellbeing information sharing entity or a restricted information sharing entity may disclose, as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction to any of the following—
(a)a child wellbeing information sharing entity or a restricted information sharing entity for the purposes of Part 6A of the Child Wellbeing and Safety Act 2005;
(b)a Child Link user or the Secretary to the Department of Education for the purposes of Part 7A of the Child Wellbeing and Safety Act 2005;
(c)if the child wellbeing information sharing entity or restricted information sharing entity is authorised to disclose the information to a person under section 41Y(1) of the Child Wellbeing and Safety Act 2005, that person.
22DDisclosure of criminal record information by researchers and analysts
(1)Subject to subsection (2), a person or body who collects information about a spent conviction for the purpose of conducting research, statistical analysis or modelling may disclose that information to another person or body for the purposes of that other person or body conducting research, statistical analysis or modelling.
(2)Subject to subsection (3), a person or body must not disclose information under subsection (1) unless the person or body has the written consent of—
(a)the law enforcement agency, court or tribunal that disclosed the information to the person or body; or
(b)Court Services Victoria, if the information was disclosed to the person or body by a court or tribunal or Court Services Victoria.
(3)Subsection (2) does not apply to a disclosure by a person specified in subsection (4) to another person specified in that subsection.
(4)The specified persons are—
(a)the Chief Statistician; and
(b)each person who is employed or engaged as described in section 6 of the Crime Statistics Act 2014.
22EDisclosure of criminal record information for reports on judicial decisions and proceedings
(1)Subject to subsection (2), the Council of Law Reporting or a licensee of the Council of Law Reporting may disclose a spent conviction or information relating to a spent conviction, including by publishing that information, for the purpose of preparing or disseminating—
(a)a decision of a court or tribunal; or
(b)a report of a court or tribunal proceeding.
Example
The publication of a report in a law report series.
(2)A person or body must not disclose information under subsection (1) unless the disclosure of the information is made in the ordinary course of business of the Council of Law Reporting or its licensee.
PART 4—OFFENCES
23Unlawful disclosure of conviction information
(1)A person who has access to records of convictions must not disclose any information that the person knows, or should reasonably know, relates to a spent conviction to any person without lawful authority or written consent to the disclosure by the person whose conviction is spent.
Penalty:40 penalty units.
(2)It is a defence to a charge for an offence against subsection (1) if the accused proves that the accused person took all reasonable steps to avoid unlawful disclosure of information relating to the spent conviction.
(3)It is not an offence against subsection (1)—
(a)for a library or archive to disclose to a member of the public or another library or archive information that is available to the public and disclosed in accordance with established procedures of that library or archive; and
(b)for a person who is an employee, contractor or volunteer of a library or archive acting in the course of the person's usual employment or duties to disclose to a member of the public or another library or archive information that is available to the public and disclosed in accordance with established procedures of that library or archive.
(4)It is not an offence against subsection (1) for a person—
(a)to disclose information, including by publishing that information, if the information is de-identified; or
(b)to disclose information, including by publishing that information, if that information has been published in—
(i)a decision of a court or tribunal; or
(ii)a report of a court or tribunal proceeding.
24Obtaining spent conviction information by fraud or dishonesty
A person must not obtain information relating to a spent conviction by fraud or dishonesty.
Penalty:20 penalty units.
PART 4A—SPENT CHILDHOOD CONVICTIONS
24ADisclosure of spent childhood conviction
(1)Subject to subsection (4), a specified person or body who is disclosing a spent conviction or information relating to a spent conviction must, before making the disclosure, take reasonable steps to determine if the spent conviction is a spent childhood conviction.
(2)Subject to subsection (4), a specified person or body who determines that they are disclosing a spent childhood conviction or information relating to a spent childhood conviction must, at the time of the disclosure, give notice of that fact to the person or body to whom the disclosure is being made.
(3)Notice given under subsection (2) must be in the prescribed form and contain the prescribed particulars.
(4)Subsections (1) and (2) do not apply to any of the following disclosures under Part 3—
(a)disclosure to a law enforcement agency that is not a Victorian law enforcement agency;
(b)disclosure to a court or tribunal that is not a Victorian court or Victorian tribunal;
(c)disclosure to a person or body under section 21(1)(c), (3) or (3A), 22A, 22B, 22C, 22D or 22E;
(d)disclosure to a person or body under section 22, if the disclosure is made by—
(i)a child wellbeing information sharing entity or restricted information sharing entity for a purpose under the Child Wellbeing and Safety Act 2005; or
(ii)a family violence information sharing entity for a purpose under the Family Violence Protection Act 2008;
(e)disclosure to a person or body for the purpose of performing a function or duty imposed by, or exercising a power conferred under, the Children, Youth and Families Act 2005 in relation to a child who is or may be—
(i)a child in need of protection within the meaning of section 162 of that Act; or
(ii)a child in need of therapeutic treatment within the meaning of section 244 of that Act;
(f)disclosure to any of the following—
(i)a public body of another State or Territory that corresponds to the Department of Government Services;
(ii)the Australian Health Practitioner Regulation Agency;
(iii)the Registrar of Marriage Celebrants;
(iv)the Registrar or Ministers of Religion;
(v)the Secretary to the Department of Home Affairs of the Commonwealth;
(vi)the Secretary within the meaning of the Narcotic Drugs Act 1967 of the Commonwealth;
(g)disclosure to a prescribed person or body for a prescribed purpose.
(5)To avoid doubt, this section does not apply to a disclosure by a Victorian court or a Victorian tribunal.
(6)In this section—
specified person or body means any of the following—
(a)a Victorian law enforcement agency or a contractor, employee or member of a Victorian law enforcement agency;
(b)a person or body specified in column 1 of the Table at the foot of section 22, other than the following—
(i)the Commission for Children and Young People;
(ii)Court Services Victoria;
(iii)a public body of another State or Territory that corresponds to the Department of Government Services;
(iv)the Australian Health Practitioner Regulation Agency;
(v)the Registrar of Marriage Celebrants;
(vi)the Registrar or Ministers of Religion;
(vii)the Secretary to the Department of Home Affairs of the Commonwealth;
(viii)the Secretary within the meaning of the Narcotic Drugs Act 1967 of the Commonwealth;
(c)a prescribed person or body.
24BRestriction on use of spent childhood conviction for law enforcement function
(1)Subject to subsection (2), a Victorian law enforcement agency, or any contractor, employee or member of a Victorian law enforcement agency, must not use a person's spent childhood conviction or information relating to a spent childhood conviction for the purpose of performing a law enforcement function in relation to the person.
(2)Subsection (1) does not apply to the use of a spent childhood conviction or related information by any of the following—
(a)a person or body performing a function or duty imposed by, or exercising a power conferred under, the Children, Youth and Families Act 2005 in relation to the protection or therapeutic treatment of a child, including any of the following—
(i)making an application under Chapter 4 of that Act;
(ii)preparing a report under Chapter 4 or Part 7.8 of that Act;
(b)a person or body performing a function or duty imposed by, or exercising a power conferred under, the Child Wellbeing and Safety Act 2005;
(c)a person or body performing a function or duty imposed by, or exercising a power conferred under, the Family Violence Protection Act 2008;
(d)any of the following persons in the performance or exercise of an administrative function or power of a Victorian court or Victorian tribunal—
(i)an employee or member of the staff of the Victorian court or a Victorian tribunal;
(ii)a member of the staff or a contractor of Court Services Victoria;
(e)a prescribed person or body using the information for a prescribed purpose.
24CRestriction on use of spent childhood conviction in civil or criminal proceeding
(1)Subject to subsection (2), in a civil or criminal proceeding, a Victorian court or a Victorian tribunal must not use a party's spent childhood conviction, or information about the conduct to which a party's spent childhood conviction relates, for the purposes of assessing the party's character in a way that is adverse to the party.
(2)Subsection (1) does not apply to the use of a spent childhood conviction or related information for any of the following purposes—
(a)performing a function or duty imposed by, or exercising a power conferred under, the Children, Youth and Families Act 2005 in relation to the protection or therapeutic treatment of a child, including any of the following—
(i)conducting a proceeding under Chapter 4 of that Act;
(ii)making an order under Chapter 4 of that Act;
(iii)referring a matter for investigation under Division 2 of Part 5.2 of that Act;
(b)performing a function or duty imposed by, or exercising a power conferred under, the Family Violence Protection Act 2008;
(c)performing a function or duty imposed by, or exercising a power conferred under, the Child Wellbeing and Safety Act 2005;
(d)a prescribed purpose.
24DRestriction on use of spent childhood conviction for other purposes
(1)Subject to subsection (3), a person or body must not use a spent childhood conviction or information relating to a spent childhood conviction for any of the following purposes—
(a)to refuse, revoke, suspend or terminate the accreditation, clearance, employment, licence or registration of the person who is the subject of the spent childhood conviction;
(b)to refuse, revoke, suspend or terminate any appointment, privilege or status of the person who is the subject of the spent childhood conviction.
(2)In the application to a person of an Act, subordinate instrument or agreement for the purposes of exercising a power described in subsection (1)(a) or (b)—
(a)a reference to a conviction, however expressed, is to be taken not to refer to a spent childhood conviction; and
(b)a reference to a person's character or fitness, however expressed, is not to be taken as allowing or requiring account to be taken of a spent childhood conviction.
(3)Subsection (1) does not apply to the use of a spent childhood conviction or related information by—
(a)any of the following persons or bodies in performing a function or duty imposed by, or exercising a power conferred under, the Child Wellbeing and Safety Act 2005—
(i)a child wellbeing information sharing entity;
(ii)a restricted information sharing entity;
(iii)a Child Link user;
(b)a person who is disclosed information under section 41Y of the Child Wellbeing and Safety Act 2005, if the use of the spent childhood conviction or related information is for the purposes of managing a risk to a child's safety;
(c)any of the following persons or bodies in performing a function or duty imposed by, or exercising a power conferred under, the Family Violence Protection Act 2008—
(i)a family violence information sharing entity;
(ii)the Central Information Point;
(iii)an authorised Hub entity;
(d)a person who is disclosed information under section 144M of the Family Violence Protection Act 2008, if the use of the spent childhood conviction or related information is for a family violence protection purpose within the meaning of that Act;
(e)any of the following persons in the performance or exercise of an administrative function or power of a Victorian court or Victorian tribunal—
(i)an employee or member of the staff of the Victorian court or a Victorian tribunal;
(ii)a member of the staff or a contractor of Court Services Victoria;
(f)the Commission for Children and Young People;
(g)a law enforcement agency that is not a Victorian law enforcement agency or an employee, contractor or member of a law enforcement agency that is not a Victorian law enforcement agency;
(h)a court or tribunal that is not a Victorian court or a Victorian tribunal;
(i)a public body of another State or a Territory or the Commonwealth;
(j)a prescribed person or body for a prescribed purpose.
24EOffence to contravene spent childhood conviction safeguards
(1)A person must not use a spent childhood conviction or information relating to a spent childhood conviction in a particular manner if—
(a)the use of the spent childhood conviction or related information in that manner contravenes section 24B or 24D; and
(b)the person knows that the use of the spent childhood conviction or related information in that manner contravenes section 24B or 24D.
Penalty:60 penalty units.
(2)Subsection (1) does not apply to any of the following—
(a)a Victorian court in any proceeding;
Note
This includes a committal proceeding.
(b)a Victorian tribunal in any proceeding;
(c)any person acting judicially.
PART 5—GENERAL
25Review of operation of Act
(1)The Minister must review the operation of this Act after the first anniversary of the commencement of this Act.
(2)The Minister must cause a copy of the report of the review to be laid before each House of the Parliament within 6 months after the first anniversary of the commencement of this Act.
26Regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)the form and content of applications for a spent conviction order, including but not limited to different form and content of applications for different classes of persons or different classes of convictions; and
(b)notices and submissions related to applications for a spent conviction order; and
(c)processes related to applications for spent conviction orders; and
(d)fees related to spent conviction orders; and
(e)persons or bodies to whom spent convictions or information contained in criminal records may be disclosed under Part 3 and the functions for the purposes of which and laws under which that disclosure may be made; and
(ea)persons or bodies who may disclose a spent conviction or information that relates to a spent conviction under Part 3; and
(eb)persons or bodies to whom spent convictions or information contained in criminal records may be disclosed under Part 3 and the purpose for which that disclosure may be made; and
(ec)a person or body as a law enforcement agency; and
(ed)a person or body as a Victorian law enforcement agency; and
(ee)the form and content of a notice of disclosure of a spent childhood conviction; and
(ef)persons and bodies who are excepted from restrictions on the use of a spent childhood conviction or information relating to a spent childhood conviction; and
(eg)the purpose for which a prescribed person or prescribed body is excepted from a restriction on the use of a spent childhood conviction or information relating to a spent childhood conviction; and
(f)any matter or thing required or permitted by this Act to be prescribed to give effect to this Act.
(2)The regulations—
(a)may be of general or limited application; and
(b)may differ according to differences in time, place or circumstance; and
(c)may confer a discretionary authority, or impose a duty, on a specified person or body or class of person or body; and
(d)may provide for the exemption of persons or a class of persons from any fees or any other matter provided for in the regulations; and
(e)may provide for the reduction or waiver, in whole or in part, of fees imposed by the regulations.
PART 6—TRANSITIONAL PROVISIONS
27Justice Legislation Amendment Act 2023
(1)This Act, as amended by Part 4 of the Justice Legislation Amendment Act 2023, applies to an application for a spent conviction order made under section 11 but not yet determined under section 19 on the date of commencement of that Part.
(2)Despite section 11(4) of this Act, a person whose application for a spent conviction order was refused by the Magistrates' Court before the commencement of Part 4 of the Justice Legislation Amendment Act 2023 may apply for a spent conviction order in relation to the same conviction without producing new information in support of the application if the person reasonably believes that they are eligible for a spent conviction order in relation to that conviction because of the amendments made by that Part.
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 28 October 2020
Legislative Council: 19 February 2021
The long title for the Bill for this Act was "A Bill for an Act to establish a scheme for certain convictions to become spent in Victoria and non‑disclosable on a person's criminal record unless in specific circumstances, to consequentially amend the Equal Opportunity Act 2010 and for other purposes."
Constitution Act 1975:
Special majorities:
Legislative Assembly: 19 February 2021
Legislative Council: 18 March 2021
The Spent Convictions Act 2021 was assented to on 30 March 2021 and came into operation as follows:
Sections 1−10, 20−29 on 1 December 2021: section 2(2); sections 11−19 on 1 July 2022: section 2(3).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Spent Convictions Act 2021 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Spent Convictions Act 2021, No. 13/2021
Assent Date: 30.3.21 Commencement Date: S. 29 on 1.12.21: s. 2(2) Note: S. 29 repealed Pt 6 (ss 27–29) on 1.12.22 Current State: This information relates only to the provision/s amending the Spent Convictions Act 2021
Agriculture Legislation Amendment Act 2022, No. 22/2022
Assent Date: 15.6.22 Commencement Date: S. 88 on 1.1.23: Special Gazette (No. 506) 27.9.22 p. 1 Current State: This information relates only to the provision/s amending the Spent Convictions Act 2021
Casino and Liquor Legislation Amendment Act 2022, No. 26/2022
Assent Date: 28.6.22 Commencement Date: S. 59 on 1.7.22: Special Gazette (No. 336) 30.6.22 p. 1 Current State: This information relates only to the provision/s amending the Spent Convictions Act 2021
Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022
Assent Date: 6.9.22 Commencement Date: S. 39 on 30.7.23: s. 2(5) Current State: This information relates only to the provision/s amending the Spent Convictions Act 2021
Justice Legislation Amendment Act 2023, No. 26/2023
Assent Date: 10.10.23 Commencement Date: Ss 16–25 on 11.10.23: s. 2(1) Current State: This information relates only to the provision/s amending the Spent Convictions Act 2021
Transport Legislation Amendment Act 2023, No. 34/2023
Assent Date: 21.11.23 Commencement Date: S. 127(Sch. 1 item 14) on 22.11.23: s. 2(1) CurrentState: This information relates only to the provision/s amending the Spent Convictions Act 2021
Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024
Assent Date: 10.9.24 Commencement Date: S. 113(Sch. 1 item 34) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1; s. 8 on 13.5.25: s. 2(3) Current State: This information relates only to the provision/s amending the Spent Convictions Act 2021
Youth Justice Act 2024, No. 32/2024
Assent Date: 10.9.24 Commencement Date: Ss 841–845 on 30.9.25: s. 2(2) Current State: This information relates only to the provision/s amending the Spent Convictions Act 2021
Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024, No. 51/2024
Assent Date: 3.12.24 Commencement Date: S. 72 on 1.7.25: s. 2(2) Current State: This information relates only to the provision/s amending the Spent Convictions Act 2021
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3 Explanatory details
No entries at date of publication.
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