Victorian Numbered Acts

SPENT CONVICTIONS ACT 2021 (NO. 13 OF 2021) - SECT 22

    (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 column 1 of the Table at the foot of this section if—

        (a)     that person or body is obtaining the criminal record, or information contained in the criminal record, in 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.

    (2)         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 prescribed person or body if the prescribed person or body is performing a prescribed function under a prescribed law.

    (3)     A person or body specified in column 1 of the Table at the foot of this section or a prescribed person or body may disclose information that relates to a spent conviction—

        (a)     to a court or tribunal in the course of legal proceedings; or

        (b)     pursuant to an order of a court or tribunal; or

        (c)     to the extent reasonably required to enable the investigation or the enforcement of a law of Victoria or an interstate law; or

        (d)     to a person or body established under an interstate law with functions or powers that correspond with the functions or powers of the Chief Commissioner of Police under this Act; or

        (e)     to an Australian legal practitioner for the purpose of obtaining legal advice or representation.

    (4)     Subsections (1), (2) and (3) apply to a disclosure of 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, a person or body specified in column 1 of the Table at the foot of this section or a prescribed person or body; or

        (b)     a member of a law enforcement agency.

Table 1—Specified disclosures

Column 1	Column 2	Column 3
A public body of another State or a Territory that corresponds to the Department of Justice and Community Safety	Working with children check	An interstate law that corresponds (or most closely corresponds) to the Working with Children Act 2005
Australian Health Practitioner Regulation Agency	Registration and accreditation of health professionals	Health Practitioner Regulation National Law
Business Licensing Authority	Licensing	Sex Work Act 1994
Commercial Passenger Vehicle Commission	Bus driver accreditation	Transport (Compliance and Miscellaneous) Act 1983
Commercial Passenger Vehicle Commission	Driver accreditation	Commercial Passenger Vehicle Industry Act 2017
Commission for Children and Young People	Administering, overseeing and monitoring the reportable conduct scheme	Child Wellbeing and Safety Act 2005
Commissioner employed under section 8A of the Corrections Act 1986	Employment or contracting of a person	Public Administration Act 2004
Commissioner employed under section 8A of the Corrections Act 1986	Employment or contracting of a person	Corrections Act 1986
Community services within the meaning of the Children, Youth and Families Act 2005	Assessment of a person to provide care to a child	Children, Youth and Families Act 2005
Court Services Victoria	Employment of staff	Court Services Victoria Act 2014
Court Services Victoria	Employment of staff	Public Administration Act 2004
Director, Transport Safety within the meaning of section 3 of the Transport Integration Act 2010	Bus operator accreditation	Bus Safety Act 2009
Director, Transport Safety within the meaning of section 3 of the Transport Integration Act 2010	Issuing permissions	Marine Safety Act 2010
Disability Worker Registration Board of Victoria	Registration and regulation of registered disability workers and disability students	Disability Service Safeguards Act 2018
Head, Transport for Victoria	Driving instructor authority	Road Safety Act 1986
Independent Broad-based Anti-Corruption Commission	Employment of staff and engagement of consultants	Independent Broad-based Anti-corruption Commission Act 2011
Office of the Victorian Information Commissioner	Employment of staff	Freedom of Information Act 1982
Office of the Victorian Information Commissioner	Employment of staff	Public Administration Act 2004
Professional Boxing and Combat Sports Board	Licensing	Professional Boxing and Combat Sports Act 1985
Registrar of Marriage Celebrants	Registration of marriage celebrants	Marriage Act 1961 of the Commonwealth
Registrar of Ministers of Religion	Registration of marriage celebrants	Marriage Act 1961 of the Commonwealth
Secretary to the Department of Education and Training	Information sharing as an information sharing entity	Child Wellbeing and Safety Act 2005
Secretary to the Department of Education and Training	Information sharing as an information sharing entity	Family Violence Protection Act 2008
Secretary to the Department of Health and Human Services	Assessment of a person to provide care to a child	Children, Youth and Families Act 2005
Secretary to the Department of Health and Human Services	Assessment of a person's suitability for admission to a residential treatment facility and preparation of a plan of available services	Sentencing Act 1991
Secretary to the Department of Health and Human Services	Information sharing as an information sharing entity	Child Wellbeing and Safety Act 2005
Secretary to the Department of Health and Human Services	Information sharing as an information sharing entity	Family Violence Protection Act 2008
Secretary to the Department of Health and Human Services	Reporting to a court on the efficacy of a supervision order and treatment	Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
Secretary to the Department of Home Affairs of the Commonwealth	Immigration	Migration Act 1958 of the Commonwealth
Secretary to the Department of Jobs, Precincts and Regions	Licensing for poppy cultivation licences and poppy processing licenses	Drugs, Poisons and Controlled Substances Act 1981
Secretary to the Department of Justice and Community Safety	Appointment of honorary justices	Honorary Justices Act 2014
Secretary to the Department of Justice and Community Safety	Information sharing as an information sharing entity	Child Wellbeing and Safety Act 2005
Secretary to the Department of Justice and Community Safety	Information sharing as an information sharing entity	Family Violence Protection Act 2008
Secretary to the Department of Justice and Community Safety	Working with children check	Working with Children Act 2005
Secretary within the meaning of the Narcotic Drugs Act 1967 of the Commonwealth	Licensing	Narcotic Drugs Act 1967 of the Commonwealth
Victoria Police	Employment or contracting of a person	Public Administration Act 2004
Victoria Police	Employment or contracting of a person	Victoria Police Act 2013
Victoria Police	Information sharing as an information sharing entity	Child Wellbeing and Safety Act 2005
Victoria Police	Information sharing as an information sharing entity	Family Violence Protection Act 2008
Victoria Police	Licensing	Firearms Act 1996
Victoria Police	Licensing	Private Security Act 2004
Victorian Commission for Gambling and Liquor Regulation	Issuing licences	Gambling Regulation Act 2003
Victorian Commission for Gambling and Liquor Regulation	Granting licences	Casino Control Act 1991
Victorian Disability Worker Commission	Regulation of registered disability workers and disability students	Disability Service Safeguards Act 2018
Victorian Disability Worker Commission	Regulation of unregistered disability workers	Disability Service Safeguards Act 2018
Victorian Institute of Teaching	Regulating members of the teaching profession	Education and Training Reform Act 2006
Victorian Legal Admissions Board	Admission to the Australian legal profession in Victoria	Legal Profession Uniform Law Application Act 2014

Part 4—Offences