(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.
S. 22(2) amended by No. 26/2023 s. 21(1).
(2) 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, 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
S. 22(3)(e) amended by No. 26/2023 s. 21(2)(a).
(e) to an Australian legal practitioner for the purpose of obtaining legal advice or representation; or
S. 22(3)(f) inserted by No. 26/2023 s. 21(2)(b).
(f) to a prescribed person or body for a prescribed purpose.
(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—
S. 22(4)(a) substituted by No. 26/2023 s. 21(3).
(a) employed or contracted by—
(i) a law enforcement agency; or
(ii) a court or tribunal; or
(iii) a person or body specified in column 1 of the Table at the foot of this section; or
(iv) a prescribed person or body.
(b) a member of a law enforcement agency.
S. 22 (Table 1) amended by Nos 22/2022 s. 88, 26/2022 s. 59, substituted by No. 26/2023 s. 21(4), amended by No. 34/2023 s. 127(Sch. 1 item 14).
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 Government Services |
WWC check |
An interstate law that corresponds (or most closely corresponds) to the Worker Screening Act 2020 |
Australian Health Practitioner Regulation Agency |
Registration and accreditation of health professionals |
Health Practitioner Regulation National Law |
Business Licensing Authority |
Licensing |
Sex Work Act 1994 |
Safe Transport Victoria |
Bus driver accreditation | |
Safe Transport Victoria |
Driver accreditation | |
Commission for Children and Young People |
Administering, overseeing and monitoring the reportable conduct scheme | |
Commissioner employed under section 8A of the Corrections Act 1986 |
Employment or contracting of a person | |
Commissioner employed under section 8A of the Corrections Act 1986 |
Employment or contracting of a person | |
Community services within the meaning of the Children, Youth and Families Act 2005 |
Assessment of a person to provide care to a child | |
Court Services Victoria |
Employment of staff | |
Court Services Victoria |
Employment of staff | |
Safe Transport Victoria within the meaning of section 3 of the Transport Integration Act 2010 |
Bus operator accreditation | |
Safe Transport Victoria within the meaning of section 3 of the Transport Integration Act 2010 |
Issuing permissions | |
Disability Worker Registration Board of Victoria |
Registration and regulation of registered disability workers and disability students | |
Head, Transport for Victoria |
Driving instructor authority | |
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 | |
Office of the Victorian Information Commissioner |
Employment of staff | |
Professional Boxing and Combat Sports Board |
Licensing | |
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 |
Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity | |
Secretary to the Department of Education |
Information sharing as a family violence information sharing entity | |
Secretary to the Department of Families, Fairness and Housing |
Assessment of a person to provide care to a child | |
Secretary to the Department of Families, Fairness and Housing |
Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity | |
Secretary to the Department of Families, Fairness and Housing |
Information sharing as a family violence information sharing entity | |
Secretary to the Department of Families, Fairness and Housing |
Assessment of a person's suitability for admission to a residential treatment facility and preparation of a plan of available services | |
Secretary to the Department of Families, Fairness and Housing |
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 Government Services |
WWC check | |
Secretary to the Department of Home Affairs of the Commonwealth |
Immigration |
Migration Act 1958 of the Commonwealth |
Secretary to the Department of Jobs, Skills, Industry and Regions |
Licensing for low-THC cannabis authorities | |
Secretary to the Department of Jobs, Skills, Industry and Regions |
Licensing for poppy cultivation licences and poppy processing licenses | |
Secretary to the Department of Justice and Community Safety |
Appointment of honorary justices | |
Secretary to the Department of Justice and Community Safety |
Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity | |
Secretary to the Department of Justice and Community Safety |
Information sharing as a family violence information sharing entity | |
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 | |
Victoria Police |
Employment or contracting of a person | |
Victoria Police |
Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity | |
Victoria Police |
Information sharing as a family violence information sharing entity | |
Victoria Police |
Licensing | |
Victoria Police |
Licensing | |
Victorian Gambling and Casino Control Commission |
Issuing licences |
Gambling Regulation Act 2003 |
Victorian Gambling and Casino Control Commission |
Granting licences | |
Victorian Disability Worker Commission |
Regulation of registered disability workers and disability students | |
Victorian Disability Worker Commission |
Regulation of unregistered disability workers | |
Victorian Institute of Teaching |
Regulating members of the teaching profession | |
Victorian Legal Admissions Board |
Admission to the Australian legal profession in Victoria |
S. 22A inserted by No. 26/2023 s. 22.