Victorian Numbered Acts

SPENT CONVICTIONS ACT 2021 (NO. 13 OF 2021) - SECT 21

    (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.

    (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 legal proceedings before the court or tribunal; and

        (b)     in the course of publication or dissemination of decisions of the court or tribunal.

    (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), (2) and (3) apply to disclosure of a spent conviction or information relating to a spent conviction by     a person acting in the course of the person's duty who is—

        (a)     employed or contracted by a law enforcement agency, court or tribunal; or

        (b)     a member of a law enforcement agency.