YOUNG OFFENDERS ACT 1997 - SECT 68
Interventions not to be disclosed as criminal history
YOUNG OFFENDERS ACT 1997 - SECT 68
Interventions not to be disclosed as criminal history
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 or teachers aide, 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 a clearance, the risk assessment of a person, or an application for
review of a decision, under the Child Protection (Working with Children) Act
2012 or the National Disability Insurance Scheme (Worker Checks) Act 2018 .
