Spent Convictions Amendment Regulations 2025 (Vic)
Spent Convictions Amendment Regulations 2025
S.R. No. 78/2025
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Objective
6Definitions
7Regulation 6 amended
8Regulation 7 amended
9Regulation 8 amended
10New regulations 12 to 15 inserted
11New Form 1 inserted
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Endnotes
STATUTORY RULES 2025
S.R. No. 78/2025
Spent Convictions Act 2021
Spent Convictions Amendment Regulations 2025
The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:
Dated: 26 August 2025
Responsible Minister:
SONYA KILKENNY
Attorney-General
ANGELA SMITH
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Spent Convictions Regulations 2021 to prescribe—
(a)disclosures to which section 24A of the Spent Convictions Act 2021 does not apply; and
(b)uses of information to which sections 24C and 24D of the Spent Convictions Act 2021 do not apply; and
(c)the form in which notice of a spent childhood conviction under section 24A(2) of the Spent Convictions Act 2021 must be given.
2Authorising provision
These Regulations are made under section 26 of the Spent Convictions Act 2021.
3Commencement
These Regulations come into operation on 30 September 2025.
4Principal Regulations
In these Regulations, the Spent Convictions Regulations 2021[1] are called the Principal Regulations.
5Objective
In regulation 1 of the Principal Regulations—
(a)after "Regulations is" insert "to prescribe";
(b)in paragraphs (a) and (b) omit "to prescribe";
(c)in paragraph (b), for "order." substitute "order; and";
(d)after paragraph (b) insert—
"(c)disclosures to which section 24A of the Spent Convictions Act 2021 does not apply; and
(d)uses of information to which sections 24C and 24D of the Spent Convictions Act 2021 do not apply; and
(e)the form in which notice of a spent childhood conviction under section 24A(2) of the Spent Convictions Act 2021 must be given.".
6Definitions
(1)In regulation 4 of the Principal Regulations, the definition of Roads Corporation is revoked.
(2)In regulation 4 of the Principal Regulations insert the following definition—
"Transport Secretary means the Secretary to the Department of Transport and Planning;".
7Regulation 6 amended
(1)In the heading to regulation 6 of the Principal Regulations, for "Secretary to Department of Transport or Roads Corporation under Part 3 of the Act" substitute "Transport Secretary or relevant person—specified functions under Road Safety Act 1986".
(2)In regulation 6 of the Principal Regulations, for "Secretary to the Department of Transport or the Roads Corporation" substitute "Transport Secretary or a relevant person within the meaning of section 90I of the Road Safety Act 1986".
(3)In the heading to the Table to regulation 6 of the Principal Regulations, for "Secretary to Department of Transport or Roads Corporation" substitute "Transport Secretary or relevant person".
(4)In column 1 of the Table to regulation 6 of the Principal Regulations, for "Secretary to the Department of Transport" (where twice occurring) substitute "Transport Secretary".
(5)The note at the foot of regulation 6 of the Principal Regulations is revoked.
8Regulation 7 amended
(1)In the heading to regulation 7 of the Principal Regulations, for "Secretary to Department of Transport under Part 3 of the Act" substitute "Transport Secretary or relevant person—exceptional circumstances under Road Safety Act 1986".
(2)In regulation 7(1) of the Principal Regulations, for "Secretary to the Department of Transport" substitute "Transport Secretary or a relevant person within the meaning of section 90I of the Road Safety Act 1986".
9Regulation 8 amended
(1)In the heading to regulation 8 of the Principal Regulations, for "Secretary to Department of Transport or relevant person under Part 3 of the Act" substitute "Transport Secretary or relevant person—verification of information under Road Safety Act 1986".
(2)In regulation 8(1) of the Principal Regulations, for "Secretary to the Department of Transport" substitute "Transport Secretary".
(3)In regulation 8(2)(a) of the Principal Regulations, for "Secretary to the Department of Transport" substitute "Transport Secretary".
10New regulations 12 to 15 inserted
After regulation 11 of the Principal Regulations insert—
"12 Disclosures to which section 24A(1) and (2) do not apply
For the purposes of section 24A(4)(g) of the Act, in relation to a disclosure specified in column 1 of the Table at the end of this regulation—
(a)the person or body specified in column 2 of the Table is prescribed; and
(b)the purpose specified in column 3 of the Table is prescribed.
| Table 3—Disclosures to prescribed persons for prescribed purposes | ||
| Column 1 | Column 2 | Column 3 |
| A disclosure under regulation 5 by a law enforcement agency | A public body of another State or a Territory that corresponds to the Department of Justice and Community Safety | National Disability Insurance Scheme worker screening or working with children worker screening under an interstate law that corresponds (or most closely corresponds) to the Worker Screening Act 2020 |
| The Secretary to the Department of Justice and Community Safety | Approval under the Adoption Act 1984 of a person to adopt a child | |
| A disclosure under regulation 6 by the Transport Secretary or a relevant person within the meaning of section 90I of the Road Safety Act 1986 | A corresponding Authority within the meaning of section 3(1) of the Road Safety Act 1986 | Performing functions under section 90K(a)(vi) or (d) of the Road Safety Act 1986 |
| A person or body that has entered into an information protection agreement with the Transport Secretary under section 90N of the Road Safety Act 1986 | Performing functions under section 90K(a)(iii) of the Road Safety Act 1986 | |
| An employer or prospective employer of the person to whom the criminal record relates if that employer or prospective employer resides outside of Victoria | Performing functions under section 90K(d) of the Road Safety Act 1986 | |
| Column 1 | Column 2 | Column 3 |
| A disclosure under regulation 8 by the Transport Secretary or a relevant person within the meaning of section 90I of the Road Safety Act 1986 | A corresponding Authority within the meaning of section 3(1) of the Road Safety Act 1986 | Performing functions under section 90M of the Road Safety Act 1986 |
| An employer or prospective employer of the person to whom the criminal record relates if that employer or prospective employer resides outside of Victoria |
13Uses of spent childhood conviction information to which section 24C(1) does not apply—civil or criminal proceedings
For the purposes of section 24C(2)(d) of the Act, the following purposes are prescribed—
(a)performing a function or duty imposed by, or exercising a power conferred under, a Commonwealth law;
(b)performing a function or duty imposed by, or exercising a power conferred under, the Adoption Act 1984 in relation to the approval of an applicant for an adoption order;
(c)performing a function or duty imposed by, or exercising a power conferred under, the Worker Screening Act 2020.
14Uses of spent childhood conviction information to which section 24D(1) does not apply
For the purposes of section 24D(3)(j) of the Act—
(a)the person or body specified in column 1 of the Table at the end of this regulation is prescribed; and
(b)the purpose specified in column 2 of the Table at the end of this regulation in relation to that person or body is prescribed.
| Table 4—Permitted use of spent childhood conviction information | |
| Column 1 | Column 2 |
| A principal officer of an Aboriginal agency acting under section 18 of the Children, Youth and Families Act 2005 | Assessment of a person to provide care to a child for the purposes of the Children, Youth and Families Act 2005 |
| The Secretary to the Department of Families, Fairness and Housing | |
| Community services within the meaning of the Children, Youth and Families Act 2005 | |
| The Secretary to the Department of Government Services | National Disability Insurance Scheme worker screening or working with children worker screening for the purposes of the Worker Screening Act 2020 |
| The Secretary to the Department of Justice and Community Safety | Approval under the Adoption Act 1984 of a person to adopt a child |
| Column 1 | Column 2 |
| An employer or prospective employer of the person to whom the spent childhood conviction information relates, if the employer or prospective employer resides outside Victoria and received the information under section 90K(d) of the Road Safety Act 1986 | A purpose for which consent has been given by the person to whom the spent childhood conviction information relates (or their authorised representative) |
15Form of disclosure of spent childhood conviction
For the purposes of section 24A(3) of the Act—
(a)the prescribed form is Form 1; and
(b)the prescribed particulars are the particulars set out in Form 1.".
11New Form 1 inserted
After regulation 15 of the Principal Regulations insert—
"Form 1—Notice of spent childhood conviction
Regulation 15
Spent Convictions Act 2021
(Section 24A)
NOTICE OF SPENT CHILDHOOD CONVICTION
Section 24A of the Spent Convictions Act 2021 requires specified persons or bodies who are disclosing a spent childhood conviction or information relating to a spent childhood conviction to give notice of that fact to the person or body to whom the disclosure is being made.
A 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) of the Spent Convictions Act 2021.
A specified person or body under section 24A(6) of the Spent Convictions Act 2021 must use this form to provide notice of a spent childhood conviction.
PART A—NOTICE INFORMATION
This form provides notice to a person or body receiving spent conviction information that a spent childhood conviction or information relating to a spent childhood conviction has been identified. The details of the person to whom the spent childhood conviction relates are set out in Part B of this form.
The Spent Convictions Act 2021 restricts certain entities from using a person's spent childhood conviction or information relating to a person's spent childhood conviction for the following purposes:
· performing a law enforcement function in relation to the person (see section 24B);
· assessing the person's character in a civil or criminal proceeding in a way that is adverse to the person (see section 24C);
· refusing, revoking, suspending or terminating the accreditation, clearance, employment, licence or registration of the person (see section 24D(1)(a));
· refusing, revoking, suspending or terminating any appointment, status or privilege of the person (see section 24D(1)(b)).
Under section 24E of the Spent Convictions Act 2021, it is an offence to use a spent childhood conviction or information relating to a spent childhood conviction in a manner that contravenes section 24B or 24D of that Act, where the person knows that the use of the spent childhood conviction or related information in that manner contravenes sections 24B or 24D.
PART B—DETAILS
Details of person to whom the spent childhood conviction relates
Name: [name]
Date of birth: [dd/mm/yyyy]
Conviction(s): [title of each conviction that is a spent childhood conviction]
Date of conviction(s): [specify date of each spent childhood conviction]
Court: [specify court for each spent childhood conviction]
Any other relevant details:
[details]
Details of specified person or body disclosing information
Name of specified person or body: [name]
Date: [dd/mm/yyyy]
Purpose of disclosure: [details]".
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ENDNOTES
[1] Reg. 4: S.R. No. 146/2021 as amended by S.R. No. 49/2022.
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