{"id":"nsw:sl-2019-0425","name":"Criminal Records Regulation 2019","slug":"criminal-records-regulation-2019","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"425 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176506,"registerId":"nsw-nsw:sl-2019-0425-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Criminal Records Regulation 2019](/view/html/inforce/current/sl-2019-0425).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation replaces the [Criminal Records Regulation 2014](/view/html/repealed/current/sl-2014-0558), which is repealed on 1 September 2019 by section 10 (2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > Corrective Services NSW has the same meaning as in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> > \n> > the Act means the [Criminal Records Act 1991](/view/html/inforce/current/act-1991-008).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed sexual offences","content":"#### 4 Prescribed sexual offences\n\n4 Prescribed sexual offences\n\n> > (1) For the purposes of paragraph (h) of the definition of sexual offences in section 7 (4) of the Act, the following are prescribed as sexual offences—\n> > \n> > > (a) an offence under section 61JA, 61KC, 61KD, 61KE, 61KF, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 66EB, 66EC, 73A, 80D, 80E, 80G, 91H, 91J, 91K, 91L, 91M, 91P, 91PA, 91Q or 91R of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (b) an offence under section 11G of the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025),\n> > \n> > > (c) an offence that, at the time it was committed, was prescribed as a sexual offence for the purposes of that paragraph.\n> \n> > (2) A conviction for an offence referred to in subclause (1) is taken never to have been spent or never to be capable of becoming spent.\n> \n> **cl 4:** Am 2025 No 57, Sch 2.5.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Spent convictions","content":"#### 5 Spent convictions\n\n5 Spent convictions\n\n> For the purposes of section 8 (5) of the Act, the former offence of a self-excluded person (within the meaning of section 84 of the [Casino Control Act 1992](/view/html/inforce/current/act-1992-015)) entering or remaining in a casino to which an exclusion order in respect of the person relates is prescribed.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Exclusion of applicants from consequences of conviction being spent","content":"#### 6 Exclusion of applicants from consequences of conviction being spent\n\n6 Exclusion of applicants from consequences of conviction being spent\n\n> Section 12 of the Act does not apply in relation to the following—\n> \n> > (a) an application for admission as a lawyer under the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a),\n> \n> > (b) an application for engagement as a consultant to the Commission or Inspector under the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061),\n> \n> > (c) an application for appointment to, or employment in, a role specified in Column 2 of the following table under the corresponding Act specified in Column 1—\n> > \n> > | Column 1 | Column 2 |\n> > | Act | Role |\n> > | Crime Commission Act 2012 | an officer of the Commission |\n> > | Crown Prosecutors Act 1986 | a Crown Prosecutor |\n> > | Director of Public Prosecutions Act 1986 | an Officer |\n> > | Independent Commission Against Corruption Act 1988 | an officer of the Commission |\n> > |  | an officer of the Inspector |\n> > | Law Enforcement Conduct Commission Act 2016 | an officer of the Commission |\n> > |  | an officer of the Inspector |","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Criminal organisation declarations","content":"#### 7 Criminal organisation declarations\n\n7 Criminal organisation declarations\n\n> Section 12 of the Act does not apply in relation to an application under Part 2 of the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009) or the making of a decision by the Supreme Court under that Part.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Disclosure of spent convictions by NSW Police Force","content":"#### 8 Disclosure of spent convictions by NSW Police Force\n\n8 Disclosure of spent convictions by NSW Police Force\n\n> It is not an offence for the officer in charge of the Criminal Records Section of the NSW Police Force to make information relating to a spent conviction available to the following—\n> \n> > (a) a judicial officer of the Supreme Court for the purposes of an application under Part 2 of the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009),\n> \n> > (b) the Chairperson of the Independent Liquor and Gaming Authority, or a person authorised in writing by the Chairperson,\n> \n> > (c) a person employed in the Bureau of Crime Statistics and Research, Department of Communities and Justice if—\n> > \n> > > (i) the information is to be used only by the Bureau for research, reports relating to that research and the production of statistics, and\n> > \n> > > (ii) any publication of the Bureau does not name or otherwise identify the person who was the subject of the spent conviction,\n> \n> > (d) a person employed in Corrective Services NSW, NSW Fair Trading or the Office of the Sheriff, Department of Communities and Justice (a prescribed agency) if—\n> > \n> > > (i) the information is only made available together with information relating to all other convictions of the relevant person, and\n> > \n> > > (ii) at the time of making the information available the officer in charge is satisfied the prescribed agency has policies and procedures that will ensure the information will not be disclosed, or used or taken into account in any decision made or other thing done, by any person employed in the prescribed agency.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Prescribed law enforcement agencies","content":"#### 9 Prescribed law enforcement agencies\n\n9 Prescribed law enforcement agencies\n\n> For the purposes of paragraph (o) of the definition of law enforcement agency in section 13 (5) of the Act, the following are prescribed—\n> \n> > (a) the Office of the Inspector of the Law Enforcement Conduct Commission,\n> \n> > (b) the Australian Border Force,\n> \n> > (c) New Zealand Police,\n> \n> > (d) the Australian Commission for Law Enforcement Integrity.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Prescribed eligible homosexual offences","content":"#### 10 Prescribed eligible homosexual offences\n\n10 Prescribed eligible homosexual offences\n\n> > (1) For the Act, section 19A, definition of eligible homosexual offence, paragraph (d), the following offences are prescribed—\n> > \n> > > (a) the former offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 483(b), committed by a boy, youth or adult, as referred to in that section and that Act, sections 484, 485 and 486,\n> > \n> > > (b) the former offence under the [Government Railways Act 1912](/view/pdf/asmade/act-1912-30), section 133A,\n> > \n> > > (c) the former offences under the [Offences in Public Places Act 1979](/view/pdf/asmade/act-1979-63), sections 5 and 6,\n> > \n> > > (d) the former offence under the [Police Offences Act 1901](/view/html/repealed/current/act-1901-005), section 78,\n> > \n> > > (e) the former offences under the [Summary Offences Act 1970](/view/pdf/asmade/act-1970-96), sections 11 and 12,\n> > \n> > > (f) the former offences under the [Vagrancy Act 1902](/view/pdf/asmade/act-1902-74), sections 4(2)(d) and 8A(a).\n> \n> > (2) However, a former offence referred to in subclause (1) is an eligible homosexual offence only if the offence—\n> > \n> > > (a) was committed by a person while engaging in a form of sexual activity with another person of the same sex, and\n> > \n> > > (b) was not witnessed by a person except—\n> > > \n> > > > (i) any person engaged in the sexual activity, or\n> > > \n> > > > (ii) a police officer.\n> \n> **cl 10:** Subst 2024 (136), Sch 1.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Savings","content":"#### 11 Savings\n\n11 Savings\n\n> Any act, matter or thing that, immediately before the repeal of the [Criminal Records Regulation 2014](/view/html/repealed/current/sl-2014-0558), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":10}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation appears consistent with its original purpose as subordinate legislation supporting the Criminal Records Act 1991. The 2024 amendment to Clause 10 (substituting the homosexual offences provision) and 2025 amendment to Clause 4 represent updates within the established framework rather than scope expansion. The Regulation maintains its character as machinery provisions for spent convictions administration."},"complexity_factors":["Heavy cross-referencing to primary legislation (Criminal Records Act 1991, Crimes Act 1900, and 10+ other Acts)","Nested conditional logic in Clause 10(2) — eligibility for homosexual offence expungement requires satisfying two cumulative conditions with a sub-exception for witnesses","Tabular presentation of prescribed roles in Clause 6 creating multiple intersecting conditions","Dual-purpose clauses serving both substantive prescription and procedural exemption functions","Temporal complexity with references to 'former offences' under repealed legislation spanning 1901–1979"],"plain_english_summary":"**What this law does:**\n\nThis Regulation sets out detailed rules for how the *Criminal Records Act 1991* (NSW) works in practice. The main Act allows certain old or minor criminal convictions to become \"spent\" — meaning they generally don't have to be disclosed and can't be held against you. This Regulation fills in the gaps by:\n\n* **Listing specific sexual offences that can *never* be spent** — these stay on your record permanently (Clause 4)\n* **Prescribing certain convictions that *can* become spent** — specifically, the old offence of a self-excluded person entering a casino (Clause 5)\n* **Carving out exceptions where spent convictions *must* still be disclosed** — for people applying to be lawyers, Crown Prosecutors, corruption investigators, or organised crime control officers (Clauses 6–7)\n* **Allowing NSW Police to share spent conviction data** with specific bodies like the Bureau of Crime Statistics, gambling regulators, and certain government agencies — but only under strict conditions (Clause 8)\n* **Expanding which agencies count as \"law enforcement\"** for disclosure purposes — including Australian Border Force, New Zealand Police, and anti-corruption bodies (Clause 9)\n* **Listing historical homosexual offences** that can be wiped from records as part of NSW's apology to men convicted under old anti-gay laws (Clause 10)\n\n**Who it affects:**\n\n* Anyone with a criminal record in NSW seeking to have convictions spent\n* Employers in sensitive sectors (law, prosecution, anti-corruption, casinos)\n* NSW Police and other agencies handling criminal history information\n* Men with historical convictions for consensual same-sex activity seeking to clear their names\n\n**Why it matters:**\n\nThis Regulation balances giving people a \"second chance\" through spent convictions against protecting the public in high-risk roles. It also implements historical justice measures for gay men convicted under repealed laws."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Regulation expressly replaces the Criminal Records Regulation 2014 (cl 2) and preserves prior effects (cl 11) while restating and refining who is covered and what convictions are treated as spent or never spent. Key scope changes in this instrument include the prescription of particular sexual offences as never spent (cl 4), explicit exclusions of certain applicants from spent‑conviction protections (cl 6), and new, limited disclosure permissions for NSW Police (cl 8), which together modify the practical reach and operation of the Criminal Records Act."},"complexity_factors":["Extensive cross‑references to multiple primary Acts and prior offences (see cl 3, cl 4, cl 6, cl 7, cl 10).","Prescribes that specific sexual offence convictions are never spent (cl 4(1)–(2)), creating permanent effects for affected individuals.","Excludes particular applicant classes from protections against spent convictions (cl 6), altering who benefits from spent‑conviction rules.","Permits disclosure of spent convictions by the officer in charge of Police Criminal Records Section to specified recipients, subject to conditions (cl 8), creating conditional administrative discretion.","Discretion point: officer in charge must be satisfied that a prescribed agency has policies to prevent further disclosure or use (cl 8(d)(ii)), shifting compliance verification to police.","Prescribes a fixed list of law‑enforcement agencies and eligible former offences, producing technical delimitation and potential edge‑cases (cl 9, cl 10).","Contains a savings clause preserving prior acts and arrangements on repeal (cl 11), complicating transition analysis."],"plain_english_summary":"This Regulation replaces the 2014 Criminal Records Regulation and mechanically sets which convictions count as \"sexual offences\" that can never become spent, lists certain former homosexual offences for eligibility rules, excludes specific applicants (for example, legal admissions and specified law‑enforcement roles) from spent‑conviction protections, and permits limited disclosure of spent convictions to named agencies. It affects people with criminal records, record‑holding agencies (notably NSW Police and Corrective Services) and decision‑makers who assess suitability; it matters because it changes who must disclose convictions, who can see them, and the compliance burden on agencies."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the regulation's scope has materially shifted from its original purpose as a supporting instrument for the Criminal Records Act. The updates in 2024 and 2026 appear to be routine amendments rather than fundamental changes in direction. However, without access to the substantive provisions, a definitive assessment of scope change cannot be made."},"complexity_factors":["The document provided is largely metadata and navigation content from the NSW legislation website, with no substantive provisions visible — making meaningful legal analysis extremely limited","As a regulation (subordinate legislation) rather than a full Act, it is inherently narrower in scope","The staged repeal mechanism under the Subordinate Legislation Act 1989 adds a minor administrative complexity worth noting","Without the actual operative clauses, it is impossible to assess technical complexity of the underlying rules"],"plain_english_summary":"This NSW regulation gives the administrative rules and procedures that support the Criminal Records Act — governing forms, fees, definitions and other practical details that make the Act operable. It mainly affects people in NSW with criminal records, especially those with spent convictions. Note: the regulation is due to automatically expire on 1 September 2026 unless replaced; it was updated in May 2024 and February 2026."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-records-regulation-2019","history":"/api/acts/criminal-records-regulation-2019/history","analysis":"/api/acts/criminal-records-regulation-2019/analysis","conflicts":"/api/acts/criminal-records-regulation-2019/conflicts","importantCases":"/api/acts/criminal-records-regulation-2019/important-cases","documents":"/api/acts/criminal-records-regulation-2019/documents"}}