CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 - SECT 5 Matter excluded from criminal history

CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 - SECT 5

5 Matter excluded from criminal history

(1) It is declared that a conviction that is set aside or quashed and a charge are not part of the criminal history of any person.

(2) A person shall not be required or asked to disclose and, if so required or asked, shall not be obliged to disclose for any purpose a conviction that is not part of the person’s criminal history or of the criminal history of another person or a charge made against the person or another person.

(3) Subsection (2) does not apply where the requirement or request to disclose a conviction or charge therein referred to is made—

(a) for the purposes of an inquiry being conducted pursuant to authority conferred by or under an Act; or

(b) in criminal or civil proceedings before a court if the fact of the conviction or charge is relevant to an issue in the proceedings or the court has granted permission for the requisition or request to be made.