Victorian Numbered Acts

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SPENT CONVICTIONS ACT 2021 (NO. 13 OF 2021) - SECT 19

Magistrates' Court may make spent conviction order

    (1)     On an application under section 11, the Magistrates' Court may order a conviction of a person in relation to which the application is made to become spent.

    (2)         In determining whether to make an order under subsection (1), the Court must consider—

        (a)     the nature, circumstances and seriousness of the offence to which the application relates; and

        (b)     the impact on any victim of the offence to which the application relates; and

        (c)     the personal circumstances of the applicant; and

        (d)     in relation to an applicant who is an Aboriginal or Torres Strait Islander person, unique factors of background affecting Aboriginal or Torres Strait Islander persons including but not limited to—

              (i)     factors relating to incarceration of Aboriginal and Torres Strait Islander persons; and

              (ii)     factors relating to impacts on Aboriginal and Torres Strait Islander persons of disclosure of a criminal record; and

        (e)     the age and maturity of the applicant when the offence was committed; and

        (f)     any demonstrated rehabilitation of the applicant; and

        (g)     any risk to public safety of making a spent conviction order for the conviction; and

        (h)     any other matter that the Court considers relevant.

    (3)     If the Magistrates' Court makes or refuses to make an order under subsection (1), the Court must send, as soon as practicable, a copy of the order or refusal to—

        (a)     the applicant; and

        (b)     the Chief Commissioner of Police.

Part 3—Spent convictions

Division 1—Effect of conviction becoming spent



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