Spent Convictions Regulations 2021 (Vic)
Version No. 003
Spent Convictions Regulations 2021
S.R. No. 146/2021
Version incorporating amendments as at
30 September 2025
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Definitions
5Use of criminal record information by specified persons and bodies
5AUse of criminal record information for licensing and registration
5BUse of criminal record information by specified persons and bodies performing a function of another person or body
6Disclosure of criminal record information by Transport Secretary or relevant person—specified functions under Road Safety Act 1986
7Disclosure of criminal record information by Transport Secretary or relevant person—exceptional circumstances under Road Safety Act 1986
8Disclosure of criminal record information by Transport Secretary or relevant person—verification of information under Road Safety Act 1986
9Content of application for a spent conviction order
10Prescribed information
11Copy of application to be sealed
12Disclosures to which section 24A(1) and (2) do not apply
13Uses of spent childhood conviction information to which section 24C(1) does not apply—civil or criminal proceedings
14Uses of spent childhood conviction information to which section 24D(1) does not apply
15Form of disclosure of spent childhood conviction
Form 1—Notice of spent childhood conviction
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 003
Spent Convictions Regulations 2021
S.R. No. 146/2021
Version incorporating amendments as at
30 September 2025
1Objective
The objective of these Regulations is to prescribe—
(a)additional persons and bodies to whom spent convictions or information contained in criminal records may be disclosed; and
(b)the content and process for applications to the Magistrates' Court for a spent conviction order; and
(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.
2Authorising provision
These Regulations are made under section 26 of the Spent Convictions Act 2021.
3Commencement
These Regulations come into operation on 1 December 2021.
4Definitions
In these Regulations—
local council means a Council within the meaning of the Local Government Act 2020;
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;
the Actmeans the Spent Convictions Act 2021;
Transport Secretary means the Secretary to the Department of Transport and Planning;
vehicle has the same meaning as in the Road Safety Act 1986.
5Use of criminal record information by specified persons and bodies
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 regulation if—
(a)that person or body is obtaining the criminal record, or information contained in the criminal record, in the 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.
Table 1—Specified disclosures
| Column 1 | Column 2 | Column 3 | |
| 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 | An interstate law that corresponds (or most closely corresponds) to the Worker Screening Act 2020 | |
| Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018 | Information sharing as an information sharing entity | Child Wellbeing and Safety Act 2005 Family Violence Protection Act 2008 | |
| Juries Commissioner within the meaning of the Juries Act 2000 | Determining a person's qualification for jury service | Juries Act 2000 | |
| 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 | Children, Youth and Families Act 2005 | |
| Regulatory Authority within the meaning of the Children's Services Act 1996 | Determining whether a person is (or continues to be) a fit and proper person to be involved in the provision of a children's service | Children's Services Act 1996 | |
| Regulatory Authority within the meaning of the Education and Care Services National Law (Victoria) | Determining whether a person is (or continues to be) a fit and proper person to be involved in the provision of an education and care service | Education and Care Services National Law (Victoria) | |
| Secretary to the Department of Justice and Community Safety | Appointment of a judicial officer or appointment of a Tribunal member | County Court Act 1958 Constitution Act 1975 Supreme Court Act 1986 Magistrates' Court Act 1989 Victorian Civil and Administrative Tribunal Act 1998 Children, Youth and Families Act 2005 Coroners Act 2008 | |
| Secretary to the Department of Justice and Community Safety | Approval of a person to adopt a child | Adoption Act 1984 | |
| Secretary to the Department of Justice and Community Safety | National Disability Insurance Scheme worker screening or working with children worker screening | Worker Screening Act 2020 | |
| Victorian Commission for Gambling and Liquor Regulation | Liquor licensing and regulation of liquor licensees and associates | Liquor Control Reform Act 1998 | |
| Victorian Disability Worker Commissioner | Regulation of unregistered disability workers | Disability Service Safeguards Act 2018 | |
| Victorian Disability Worker Commission established under section 21(1) of the Disability Service Safeguards Act 2018 | Information sharing as an information sharing entity | Child Wellbeing and Safety Act 2005 Family Violence Protection Act 2008 | |
| Victorian Legal Services Board, or the Victorian Bar in accordance with authority conferred by the Victorian Legal Services Board to perform delegated functions | Regulation of the Australian legal profession in Victoria | Legal Profession Uniform Law Application Act 2014 | |
| Victorian Legal Services Commissioner | Regulation of the Australian legal profession in Victoria | Legal Profession Uniform Law Application Act 2014 | |
| Firearms Appeals Committee established under Part 9 of the Firearms Act 1996 | Reviewing a decision of the Chief Commissioner of Police | Firearms Act 1996 | |
5AUse 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.
6Disclosure of criminal record information by Transport Secretary or relevant person—specified functions under Road Safety Act 1986
The Transport Secretary or a relevant person within the meaning of section 90I of the Road Safety Act 1986 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 end of this regulation if—
(a)the disclosure is made under Part 7B of the Road Safety Act 1986; and
(b)the disclosure is made for the purposes of performing a function described in the provision specified in column 2 of the Table in respect of that person or body.
Table 2—Specified disclosures by Transport Secretary or relevant person
| Column 1 | Column 2 |
| The person to whom the criminal record relates (or their authorised representative) A Department within the meaning of the Public Administration Act 2004 A public entity within the meaning of the Public Administration Act 2004 A holder of an authorisation, permission or approval (however described) under section 33 or 50AAE or Part 3A, 5A or 6AB of the Road Safety Act 1986 A person authorised under regulation 10 or 11 of the Road Safety (Vehicles) Regulations 2021 A vehicle manufacturer | Section 90K(a)(i) 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 | Section 90K(a)(iii) 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 | Section 90K(a)(iv) of the Road Safety Act 1986 |
| The Commonwealth Department of Home Affairs A law enforcement agency A corresponding Authority within the meaning of section 3(1) of the Road Safety Act 1986 | Section 90K(a)(vi) of the Road Safety Act 1986 |
| A law enforcement agency A Department within the meaning of the Public Administration Act 2004 A public entity within the meaning of the Public Administration Act 2004 | Section 90K(b) of the Road Safety Act 1986 |
| The person to whom the criminal record relates (or their authorised representative) A corresponding Authority within the meaning of section 3(1) of the Road Safety Act 1986 A vehicle insurer A registered operator within the meaning of section 3(1) of the Road Safety Act 1986 The Transport Accident Commission established under the Transport Accident Act 1986 A local council | Section 90K(d) of the Road Safety Act 1986 |
| A law enforcement agency A court An employer or a prospective employer of the person to whom the criminal record relates |
* * * * *
7Disclosure of criminal record information by Transport Secretary or relevant person—exceptional circumstances under Road Safety Act 1986
(1)The Transport Secretary or a relevant person within the meaning of section 90I of the Road Safety Act 1986 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) if the disclosure is made under Part 7B of the Road Safety Act 1986 for a permitted purpose within the meaning of section 90L of that Act.
(2)The following persons and bodies are specified—
(a)a law enforcement agency;
(b)a Department within the meaning of the Public Administration Act 2004;
(c)a public entity within the meaning of the Public Administration Act 2004.
8Disclosure of criminal record information by Transport Secretary or relevant person—verification of information under Road Safety Act 1986
(1)The Transport Secretary or a relevant person within the meaning of section 90I of the Road Safety Act 1986 may disclose a spent conviction as part of the disclosure of a criminal record of a person, or information contained in the criminal record of a person, to a person or body specified in subregulation (2) if the disclosure is made under Part 7B of the Road Safety Act 1986 for the purposes of performing a function under section 90M of that Act.
(2)The following persons and bodies are specified—
(a)a person or body that has entered into a service agreement referred to in section 90M(2)(a) of the Road Safety Act 1986 with the Transport Secretary;
(b)a corresponding Authority within the meaning of section 3(1) of the Road Safety Act 1986;
(c)an employer or a prospective employer of the person to whom the criminal record relates.
9Content 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.
12Disclosures 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 | |
| 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 |
| 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.
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 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Spent Convictions Regulations 2021, S.R. No. 146/2021 were made on 30 November 2021 by the Governor in Council under section 26 of the Spent Convictions Act 2021, No. 13/2021 and came into operation on 1 December 2021: regulation 3.
The Spent Convictions Regulations 2021 will sunset 10 years after the day of making on 30 November 2031 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Spent Convictions Regulations 2021 by statutory rules, subordinate instruments and Acts.
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Spent Convictions (Court Applications) Amendment Regulations 2022, S.R. No. 49/2022
Date of Making: 30.6.22 Date of Commencement: 1.7.22: reg. 3
Spent Convictions Amendment Regulations 2025, S.R. No. 78/2025
Date of Making: 26.8.25 Date of Commencement: 30.9.25: reg. 3
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3 Explanatory details
No entries at date of publication.
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