Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Obligations in relation to official records

    (1)     The Secretary, within the prescribed period after a conviction becomes an expunged conviction, must notify any relevant data controller in writing of that fact.

    (2)     A data controller must take the action set out in subsection (3) in relation to any entry relating to the conviction contained in any official records under their management or control as soon as reasonably practical after receiving a notice under subsection (1) and, in any event, not later than the prescribed period after receiving it.

    (3)     The action is—

        (a)     except for records covered by paragraph (b), annotate the entry with a statement to the effect that it relates to an expunged conviction; or

        (b)     for records that are secondary records held in an electronic format by Victoria Police or the Office of Public Prosecutions, take any necessary steps to do one or more of the following—

              (i)     remove the entry;

              (ii)     make the entry incapable of being found;

              (iii)     de-identify the information contained in the entry and destroy any link between it and information that would identify the person to whom it referred.

    (4)     As soon as reasonably practical after taking action in relation to an entry, the data controller must give notice of the action taken to the Secretary.

    (5)     As soon as reasonably practical after the Secretary is satisfied that all necessary action has been taken in relation to entries in official records, the Secretary must give written notice of that fact to the person who has the expunged conviction.

    (6)     A person who has access to any official records must not, directly or indirectly, disclose or communicate to any person the fact of a conviction, or of a charge related to a conviction, that the person knows, or ought reasonably to have known, is an expunged conviction.

Penalty:     Level 8 fine (120 penalty units maximum).

    (7)     Subsection (6) does not apply if—

        (a)     the person who has the expunged conviction gives written consent to the disclosure or communication; or

        (b)     the disclosure or communication is otherwise authorised by law.

S. 105K(8) amended by No. 54/2016 s. 35.

    (8)     Subsection (6) does not prevent the Chief Commissioner of Police disclosing to the Australian Crime Commission, for incorporation into the police information sharing system known as the National Police Reference System, the fact that a specified conviction has become an expunged conviction.

S. 105L inserted by No. 81/2014 s. 3.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback