Victorian Current Acts

SPENT CONVICTIONS ACT 2021

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Act binds the Crown  
   5.      Meaning of conviction  
   5A.     Meaning of custodial term  
   5B.     How length of custodial term to be determined  
   6.      Application of Act to past convictions  

   PART 2--CONVICTIONS SPENT BY OPERATION OF THIS ACT

           Division 1--Convictions spent automatically by operation of this Act

   7.      Convictions spent with immediate effect  
   8.      Convictions spent on expiry of conviction period  
   9.      Conviction period  
   10.     Commencement and recommencement of conviction period  

           Division 2--Convictions spent on application

   11.     Application for spent conviction order  
   12.     Form and content of application  
   13.     Service of application  
   14.     Submissions  
   15.     Spent conviction order determined without hearing  
   16.     Spent conviction order determined with hearing  
   17.     Principles for hearings  
   18.     Refusal to accept application  
   19.     Magistrates' Court may make spent conviction order  

   PART 3--SPENT CONVICTIONS

           Division 1--Effect of conviction becoming spent

   20.     Effect of conviction becoming spent  

           Division 2--Disclosable spent convictions

   21.     Use of criminal record information by law enforcement agencies, courts and tribunals  
   22.     Use of criminal record information by specified persons and bodies  
   22A.    Collection, use and disclosure of criminal record information by Court Services Victoria  
   22B.    Disclosure of criminal record information for purposes under the Family Violence Protection Act 2008  
   22C.    Disclosure of criminal record information for purposes under the Child Wellbeing and Safety Act 2005  
   22D.    Disclosure of criminal record information by researchers and analysts  
   22E.    Disclosure of criminal record information for reports on judicial decisions and proceedings  

   PART 4--OFFENCES

   23.     Unlawful disclosure of conviction information  

   PART 5--GENERAL

   25.     Review of operation of Act  
   26.     Regulations  

   PART 6--TRANSITIONAL PROVISIONS

   27.     Justice Legislation Amendment Act 2023  
           ENDNOTES