New South Wales Consolidated Acts

YOUNG OFFENDERS ACT 1997 - SECT 68

68 Interventions not to be disclosed as criminal history

(1) If a person has been the subject of a warning, caution or conference under this Act:

(a) the person is not required to disclose to any other person for any purpose information concerning the warning, caution or conference, and

(b) a question concerning the person’s criminal history is taken not to refer to any such warning, caution or conference, and

(c) in the application to the person of a provision of an Act or statutory instrument, a reference in the provision to the person’s character or fitness is not to be interpreted as permitting or requiring account to be taken of any such warning, caution or conference.

(2) In so far as a caution or conference is concerned, subsection (1) does not apply in relation to:

(a) an application by a person for appointment or employment as a judge, magistrate, justice of the peace, police officer, prison officer, teacher, teachers aide or a provider of child care services under Part 3 of the Children (Care and Protection) Act 1987 , or

(b) an offence of arson or attempted arson if the person seeks to be appointed or employed in fire fighting or fire prevention, or

(c) proceedings before the Children’s Court (including a decision concerning sentencing), or

(d) an application by a person for employment in child-related employment within the meaning of Part 7 of the Commission for Children and Young People Act 1998 .