Spent Convictions (Court Applications) Amendment Regulations 2022 (Vic)

Spent Convictions (Court Applications) Amendment Regulations 2022

S.R. No. 49/2022

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Objective

6Definitions

7Use of criminal record information by specified persons and bodies

8New regulations 5A and 5B inserted

9New regulations 9 to 11 inserted

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Endnotes

STATUTORY RULES 2022

S.R. No. 49/2022

Spent Convictions Act 2021

Spent Convictions (Court Applications) Amendment Regulations 2022

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 30 June 2022

Responsible Minister:

JACLYN SYMES
Attorney-General

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Spent Convictions Regulations 2021—

(a)to prescribe additional persons and bodies to whom spent convictions or information contained in criminal records may be disclosed; and

(b)to prescribe the content and processes for applications to the Magistrates' Court for a spent conviction order.

2Authorising provision

These Regulations are made under section 26 of the Spent Convictions Act 2021.

3Commencement

These Regulations come into operation on 1 July 2022.

4Principal Regulations

In these Regulations, the Spent Convictions Regulations 2021[1] are called the Principal Regulations.

5Objective

For regulation 1 of the Principal Regulations substitute—

"1   Objective

The objective of these Regulations is—

(a)to prescribe additional persons and bodies to whom spent convictions or information contained in criminal records may be disclosed; and

(b)to prescribe the content and process for applications to the Magistrates' Court for a spent conviction order.".

6Definitions

In regulation 4 of the Principal Regulations insert the following definitions—

"national police check means a search of the records held by Victoria Police, the police forces and services of other States and Territories and the Australian Federal Police to determine the criminal history of a person;

Service Victoria has the same meaning as in the Service Victoria Act 2018;

Service Victoria CEO has the same meaning as in the Service Victoria Act 2018;".

7Use of criminal record information by specified persons and bodies

At the end of Table 1 in regulation 5 of the Principal Regulations insert—

"Firearms Appeals Committee established under Part 9 of the Firearms Act 1996 Reviewing a decision of the Chief Commissioner of Police Firearms Act 1996".

8New regulations 5A and 5B inserted

After regulation 5 of the Principal Regulations insert—

"5A   Use of criminal record information for licensing and registration

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 that is authorised to perform a licensing or registration function (however described) under any Act if—

(a)the person or body is obtaining the criminal record, or information contained in the criminal record, in the performance of the licensing or registration function under that Act; and

(b)in relation to that function, a person or entity is automatically disqualified or ineligible for the licence or registration (however described) if the person, or an officer of the person or entity, is convicted or found guilty of an offence in relation to which a conviction may be spent under the Act.

5BUse of criminal record information by specified persons and bodies performing a function of another person or body

(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 subregulation (2) (the specified person or body) if—

(a)the specified person or body is obtaining the criminal record, or information contained in the criminal record, in the performance of a function—

(i)that another person or body has transferred or delegated to the specified person or body in accordance with the Act under which the specified person or body or the other person or body performs the function; or

(ii)that another person or body, in accordance with the Act under which the specified person or body or the other person or body performs the function, has agreed in writing or authorised that the specified person or body is to perform the function; or

(iii)that the specified person or body is directed to perform in accordance with the Act under which the specified person or body or another person or body performs the function; and

(b)a law enforcement agency may, during the disclosure of a criminal record or information contained in a criminal record, disclose a spent conviction to a person or body under section 22 of the Act or these Regulations for the purposes of performing that function.

(2)The following persons and bodies are specified—

(a)the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;

(b)Service Victoria;

(c)the Service Victoria CEO.".

9New regulations 9 to 11 inserted

After regulation 8 of the Principal Regulations insert—

"9   Content of application for a spent conviction order

An application under section 11(1) of the Act must be accompanied by—

(a)a statement in the form of a signed declaration by the applicant that all information provided in the application form and attached materials is true and correct; and

(b)a national police check dated within 6 months of the date on which the application is made.

10Prescribed information

For the purposes of section 12(1)(d) of the Act, the following is prescribed information—

(a)any conviction the applicant has received during the conviction period;

(b)the date of any previous application for a spent conviction order made by the applicant in relation to the conviction that is the subject of the application;

(c)the applicant's contact information.

11Copy of application to be sealed

A copy of an application served on the Chief Commissioner of Police and the Attorney‑General under section 13 of the Act must be a copy of the application that is sealed with the seal of the Magistrates' Court.

Note

Service under section 13 of the Act may be effected electronically—see the Electronic Transactions (Victoria) Act 2000.".

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Endnotes

[1] Reg. 4: S.R. No. 146/2021.