This website is for use by legal professionals (lawyers and law practices) only. If the information is used incorrectly, you could risk losing money or your legal rights. If you are a member of the public looking for free advice about your legal problems please visit legalaid.vic.gov.au, or contact our Legal Help advice line on 1300 792 387, Monday to Friday from 8 am to 6 pm. 

If you decide to use or rely on the information or make decisions based on the information in this website (which VLA does not recommend) VLA is not liable to you or any third party in any way for any loss, damage, costs or expenses you or they may suffer or incur as a result.

Legislation relating to information release policy (police checks)

Links to the Act and regulations about police information release policy (police checks).

Spent Convictions Act 2021 (Vic)

Note: The Act will began on 1 December 2021, and the convictions spent by court order, on 1 July 2022.

This Act explains when an offence is 'spent'. This means when it need not be admitted to when asked, for example where a person is applying for a job. It explains which offences are immediately spent, which are spent after a period without reoffending and which offences require an order from a magistrate before they are spent. It also lists the 'law enforcement agencies' that will always be informed of a person's convictions and the serious offences where a court order is needed before a conviction can be spent.

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

Crimes Act 1958 (Vic)

This Act sets out the most serious offences and the maximum fine or term of imprisonment under Victorian law. Most of the offences in the Crimes Act are indictable offences. Indictable offences are usually those with a maximum penalty of 5 years jail, or more.

See Crimes Act 1958 (Vic)(opens in a new window).

Crimes Act 1914 (Cth)

This Act relates to offences against the Commonwealth.

See Crimes Act 1914 (Cth)(opens in a new window).

Australian Human Rights Commission Act 1986 (Cth)

This Act establishes the Human Rights Commission to make provision in relation to h uman rights, equal opportunity in employment and for related purposes.

See Australian Human Rights Commission Act 1986 (Cth)(opens in a new window) .

Privacy and Data Protection Act 2014 (Vic)

This Act aims to create a regime for dealing with processing, storing and handling personal information by Victorian public sector. It provides remedies for people whose information privacy has been interfered with. This Victorian Act does not include information about health.

See Privacy and Data Protection Act 2014 (Vic)(opens in a new window).

Criminal Procedure Act 2009 (Vic)

This Act clarifies, simplifies and consolidates laws that relate to criminal procedure in the Magistrates, County and Supreme Courts.

See Criminal Procedure Act 2009 (Vic)(opens in a new window).

Working with Children Act 2005 (Vic)

This Act was repealsed by the commencement of the Worker Screening Act 2020 (Vic).

The act aimed to aid in protecting children from sexual or physical harm by ensuring that people who work with or care for children have been suitably checked for suitability.

See Working with Children Act 2005 (Vic)(opens in a new window).

Infringements Act 2006 (Vic)

This Act provides a framework for issuing and serving infringement notices, penalty reminder notices and for payment plans and internal review. It also explains the expiation of demerit points.

See Infringements Act 2006 (Vic)(opens in a new window).

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