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Further information on the spent convictions scheme

Information about the spent conviction scheme including related legislation and other resources

Legislation

Spent Convictions Act 2021 (Vic)

  • s. 3—defines 'law enforcement agency', 'law enforcement function', 'interstate law', 'foreign law', 'infringement conviction', 'child', 'criminal record', 'serious conviction', 'serious violence offence',
  • s. 5—what is a conviction?
  • s. 6—how past convictions are treated
  • s. 7—convictions spent with immediate effect
  • s. 8—convictions spent on expiry of conviction period
  • s. 9—conviction period
  • s. 10—commencement and recommencement of conviction period
  • s. 20—effect of a conviction becoming spent
  • s. 21—use of criminal record information by law enforcement agencies, courts and tribunals
  • s. 22—use of criminal record information by specified persons or bodies
  • s. 23—unlawful disclosure of conviction information
  • s. 24—obtaining spent conviction information by fraud or dishonesty

See Spent Convictions Act 2021 (Vic)(opens in a new window).

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic)

  • s. 15—purpose of special hearings
  • s. 16—procedure at special hearings
  • s. 17(1)(c)—where court finds at a special hearing that the person committed the offence charged (or other offence)
  • s. 38X(1)(c)—findings at special hearings in the Children's Court that the child committed the offence charged (or other offence)

See Crimes Mental Impairment and Unfitness to be Tried) Act 1997 (Vic)(opens in a new window).

Sentencing Act 1991 (Vic)

  • Part 3, Division 2, Subdivision 4—youth justice centre orders and youth residential centre orders
    • s. 32—when court can sentence a young person to a youth justice centre order or youth residential centre order

See Sentencing Act 1991 (Vic)(opens in a new window).

Criminal Procedure Act 2009 (Vic)

  • s. 4—meaning of sexual offence

See Criminal Procedure Act 2009 (Vic)—s. 4—meaning of sexual offence.

Serious Offenders Act 2018 (Vic)

Equal Opportunity Act 2010 (Vic)

  • s. 6(pb)—lists 'spent conviction' as an attribute on the basis of which discrimination is prohibited
  • s. 7—defines discrimination

See Equal Opportunity Act 2010 (Vic)(opens in a new window)

Magistrates' Court of Victoria

Magistrates Court of Victoria - Applications for spent conviction(opens in a new window)

Victorian Parliament

RMIT Centre for innovative justice

This episode produced for Law Week aims to provide job seekers, particularly Aboriginal People, who have a criminal record with information and guidance to present their strongest case for employment to an employer. The information is presented as a webinar and includes slides.

See RMIT Centre for Innovative Justice—Answering questions about finding a job with a criminal record—what the new spent convictions laws mean for you(opens in a new window)

Return to the main page on spent convictions

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