SPENT CONVICTIONS ACT 2021

Table of Provisions

PART 1--PRELIMINARY

• 1 Purposes  
• 2 Commencement  
• 3 Definitions  
• 4 Act binds the Crown  
• 5 Meaning of conviction  
• 5A Meaning of custodial term  
• 5B How length of custodial term to be determined  
• 6 Application of Act to past convictions  

PART 2--CONVICTIONS SPENT BY OPERATION OF THIS ACT

Division 1--Convictions spent automatically by operation of this Act

• 7 Convictions spent with immediate effect  
• 8 Convictions spent on expiry of conviction period  
• 9 Conviction period  
• 10 Commencement and recommencement of conviction period  

Division 2--Convictions spent on application

• 11 Application for spent conviction order  
• 12 Form and content of application  
• 13 Service of application  
• 14 Submissions  
• 15 Spent conviction order determined without hearing  
• 16 Spent conviction order determined with hearing  
• 17 Principles for hearings  
• 18 Refusal to accept application  
• 19 Magistrates' Court may make spent conviction order  

PART 3--SPENT CONVICTIONS

Division 1--Effect of conviction becoming spent

• 20 Effect of conviction becoming spent  

Division 2--Disclosable spent convictions

• 21 Use of criminal record information by law enforcement agencies, courts and tribunals  
• 22 Use of criminal record information by specified persons and bodies  
• 22A Collection, use and disclosure of criminal record information by Court Services Victoria  
• 22B Disclosure of criminal record information for purposes under the Family Violence Protection Act 2008  
• 22C Disclosure of criminal record information for purposes under the Child Wellbeing and Safety Act 2005  
• 22D Disclosure of criminal record information by researchers and analysts  
• 22E Disclosure of criminal record information for reports on judicial decisions and proceedings  

PART 4--OFFENCES

• 23 Unlawful disclosure of conviction information  

PART 5--GENERAL

• 25 Review of operation of Act  
• 26 Regulations  

PART 6--TRANSITIONAL PROVISIONS

• 27 Justice Legislation Amendment Act 2023  
ENDNOTES