South Australian Current Acts

SPENT CONVICTIONS ACT 2009 - SECT 13A

13A—Exclusions may not apply

        (1)         A person in relation to whom a conviction for an offence is spent may apply to a qualified magistrate for an order that 1 or more of clauses 7 and 8 of Schedule 1 do not apply in relation to the offence.

        (2)         An application under this section must be made in accordance with the regulations.

        (3)         An application for an order under this section in relation to an offence may not be made if a qualified magistrate has refused to make an order under this section in relation to the same offence within the preceding 2 years.

        (4)         An application under this section may not be made in respect of a conviction for an offence against the laws of another jurisdiction.

        (5)         Schedule 2 applies to an application under this section and to proceedings on an application.

        (6)         The making of an order under this section is at the discretion of the qualified magistrate and that discretion will be exercised having regard to—

            (a)         the nature, circumstances and seriousness of the offence; and

            (c)         in the case of an application that relates to clause 7 of Schedule 1—if the offence involved a vulnerable person or persons; and

            (d)         if a victim impact statement was furnished to the sentencing court in connection with the sentencing of the applicant for the offence (and that statement is available to the qualified magistrate)—anything referred to in that statement; and

            (e)         any penalty imposed, and any other order or requirement made or imposed by a court, in relation to the offence; and

            (f)         all the circumstances of the applicant, including the circumstances of the applicant at the time of the commission of the offence and at the time of the application and whether the applicant appears to have rehabilitated and to be of good character; and

            (g)         whether the removal of the exclusion by operation of an order under this section might present a risk to children, vulnerable persons or the public more generally (and, if so, the extent of that risk); and

            (h)         whether there is any public interest served in not making the order; and

                  (i)         any other matter considered relevant by the qualified magistrate.

        (7)         An order under this section will have effect according to its terms.

        (8)         An order under this section does not limit the operation of clause 9A of Schedule 1 in any respect.