Victorian Numbered Acts

SPENT CONVICTIONS ACT 2021 (NO. 13 OF 2021) - SECT 20

    (1)     Subject to this Part—

        (a)     a spent conviction does not form part of a person's criminal record; and

        (b)     a person is not required to disclose to another person—

              (i)     the existence of a spent conviction; or

              (ii)     information in relation to a spent conviction; and

        (c)         a person must not request that another person disclose—

              (i)     the existence of a spent conviction; or

              (ii)     information in relation to a spent conviction.

    (2)     A spent conviction is not revived by any subsequent conviction of the person.

    (3)         This section applies despite anything to the contrary in Subdivision (1) of Division 7 of Part II of the Constitution Act 1975 .

    (4)     Without limiting subsection (3), a reference to a conviction or finding of guilt in section 44(3) of the Constitution Act 1975 does not include a spent conviction.

Division 2—Disclosable spent convictions