Victorian Numbered Acts

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SPENT CONVICTIONS ACT 2021 (NO. 13 OF 2021) - SECT 22

Use of criminal record information by specified persons and bodies

    (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.

    (2)         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 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

        (e)     to an Australian legal practitioner for the purpose of obtaining legal advice or representation.

    (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—

        (a)     employed or contracted by a law enforcement agency, a person or body specified in column 1 of the Table at the foot of this section or a prescribed person or body; or

        (b)     a member of a law enforcement agency.

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 Justice and Community Safety

Working with children check

An interstate law that corresponds (or most closely corresponds) to the Working with Children Act 2005

Australian Health Practitioner Regulation Agency

Registration and accreditation of health professionals

Health Practitioner Regulation National Law

Business Licensing Authority

Licensing

Sex Work Act 1994

Commercial Passenger Vehicle Commission

Bus driver accreditation

Transport (Compliance and Miscellaneous) Act 1983

Commercial Passenger Vehicle Commission

Driver accreditation

Commercial Passenger Vehicle Industry Act 2017

Commission for Children and Young People

Administering, overseeing and monitoring the reportable conduct scheme

Child Wellbeing and Safety Act 2005

Commissioner employed under section 8A of the Corrections Act 1986

Employment or contracting of a person

Public Administration Act 2004

Commissioner employed under section 8A of the Corrections Act 1986

Employment or contracting of a person

Corrections Act 1986

Community services within the meaning of the Children, Youth and Families Act 2005

Assessment of a person to provide care to a child

Children, Youth and Families Act 2005

Court Services Victoria

Employment of staff

Court Services Victoria Act 2014




Court Services Victoria

Employment of staff

Public Administration Act 2004

Director, Transport Safety within the meaning of section 3 of the Transport Integration Act 2010

Bus operator accreditation

Bus Safety Act 2009

Director, Transport Safety within the meaning of section 3 of the Transport Integration Act 2010

Issuing permissions

Marine Safety Act 2010

Disability Worker Registration Board of Victoria

Registration and regulation of registered disability workers and disability students

Disability Service Safeguards Act 2018

Head, Transport for Victoria

Driving instructor authority

Road Safety Act 1986

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

Freedom of Information Act 1982

Office of the Victorian Information Commissioner

Employment of staff

Public Administration Act 2004

Professional Boxing and Combat Sports Board

Licensing

Professional Boxing and Combat Sports Act 1985

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 and Training

Information sharing as an information sharing entity

Child Wellbeing and Safety Act 2005

Secretary to the Department of Education and Training

Information sharing as an information sharing entity

Family Violence Protection Act 2008

Secretary to the Department of Health and Human Services

Assessment of a person to provide care to a child

Children, Youth and Families Act 2005

Secretary to the Department of Health and Human Services

Assessment of a person's suitability for admission to a residential treatment facility and preparation of a plan of available services

Sentencing Act 1991

Secretary to the Department of Health and Human Services

Information sharing as an information sharing entity

Child Wellbeing and Safety Act 2005

Secretary to the Department of Health and Human Services

Information sharing as an information sharing entity

Family Violence Protection Act 2008

Secretary to the Department of Health and Human Services

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 Home Affairs of the Commonwealth

Immigration

Migration Act 1958 of the Commonwealth

Secretary to the Department of Jobs, Precincts and Regions

Licensing for poppy cultivation licences and poppy processing licenses

Drugs, Poisons and Controlled Substances Act 1981

Secretary to the Department of Justice and Community Safety

Appointment of honorary justices

Honorary Justices Act 2014

Secretary to the Department of Justice and Community Safety

Information sharing as an information sharing entity

Child Wellbeing and Safety Act 2005

Secretary to the Department of Justice and Community Safety

Information sharing as an information sharing entity

Family Violence Protection Act 2008

Secretary to the Department of Justice and Community Safety

Working with children check

Working with Children Act 2005

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

Public Administration Act 2004

Victoria Police

Employment or contracting of a person

Victoria Police Act 2013

Victoria Police

Information sharing as an information sharing entity

Child Wellbeing and Safety Act 2005

Victoria Police

Information sharing as an information sharing entity

Family Violence Protection Act 2008

Victoria Police

Licensing

Firearms Act 1996

Victoria Police

Licensing

Private Security Act 2004

Victorian Commission for Gambling and Liquor Regulation

Issuing licences

Gambling Regulation Act 2003

Victorian Commission for Gambling and Liquor Regulation

Granting licences

Casino Control Act 1991

Victorian Disability Worker Commission

Regulation of registered disability workers and disability students

Disability Service Safeguards Act 2018

Victorian Disability Worker Commission

Regulation of unregistered disability workers

Disability Service Safeguards Act 2018

Victorian Institute of Teaching

Regulating members of the teaching profession

Education and Training Reform Act 2006

Victorian Legal Admissions Board

Admission to the Australian legal profession in Victoria

Legal Profession Uniform Law Application Act 2014

Part 4—Offences



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