{"id":"criminal-records-spent-convictions-act-1992","name":"Criminal Records (Spent Convictions) Act 1992","slug":"criminal-records-spent-convictions-act-1992","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29989,"registerId":"nt-criminal-records-spent-convictions-act-1992-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Records (Spent Convictions) Act 1992","content":"NORTHERN TERRITORY OF AUSTRALIA\nCRIMINAL RECORDS (SPENT CONVICTIONS) ACT 1992\nAs in force at 4 September 2025\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n4 Application ....................................................................................... 6\nPart 2 Spent convictions\n5 Interpretation ................................................................................... 6\n6 Convictions may be spent................................................................ 7\n6A Spent convictions for offenders under 18 convicted in court\nother than Youth Justice Court ........................................................ 7\n7 Where court does not record or proceed to conviction .................... 9\n8 Repealed provisions ...................................................................... 10\n9 Conditional pardons....................................................................... 10\n10 Revival of convictions which are spent convictions ....................... 10\nPart 3 Effect of spent records\nDivision 1 Disclosure of records\n11 Person not required to disclose spent record ................................ 10\n12 Unlawful disclosure of spent record ............................................... 11\n13 Spent records not to be taken into account for unauthorised\npurpose.......................................................................................... 12\n14 Unlawfully obtaining information .................................................... 12\nDivision 2 Exclusions\n15 Exclusions in relation to spent convictions .................................... 12\n15A Exclusion in relation to spent records ............................................ 13\nPart 4 Miscellaneous\n16 Act does not authorise contravention of other laws ....................... 14\n17 Act does not affect certain other lawful acts .................................. 14\n18 Destruction of records ................................................................... 14\n19 Regulations.................................................................................... 15\n\nCriminal Records (Spent Convictions) Act 1992 ii\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 4 September 2025\n____________________\nCRIMINAL RECORDS (SPENT CONVICTIONS) ACT 1992\nAn Act to facilitate the more effective rehabilitation of certain offenders\nby providing that, in certain circumstances, their criminal records\nrelating to relatively minor offences may be spent and not form part of\ntheir criminal history, and for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Criminal Records (Spent Convictions)\nAct 1992.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Interpretation\n(1) In this Act:\nconditional pardon means an extension of the prerogative of\nmercy referred to in section 432 of the Criminal Code upon a\ncondition referred to in that section.\ncourt means:\n(a) the Local Court; or\n(b) the Youth Justice Court continued in existence by section 45\nof the Youth Justice Act 2005; or\n(d) the Supreme Court,\nand includes a court of the Commonwealth, a State or another\nTerritory of the Commonwealth having similar jurisdiction.\ncorresponding law or corresponding provision, in relation to an\nAct or a provision of or under an Act of the Territory, means an Act\nor provision of or under an Act in force in a State or another\n\nPart 1 Preliminary\nCriminal Records (Spent Convictions) Act 1992 2\nTerritory of the Commonwealth that corresponds as nearly as\npracticable to the Act or provision of or under the Act of the\nTerritory.\ncriminal record means a record of:\n(a) a conviction;\n(b) a finding that an offence is proved (and any order in relation to\nthe finding) without the court proceeding to conviction;\n(c) a conviction and the making of an order under section 5 of the\nCriminal Law (Conditional Release of Offenders) Act 1971;\n(d) a finding or order made under Part 6 of the Youth Justice\nAct 2005;\n(e) a quashed conviction;\n(f) a pardon, including a conditional pardon;\n(g) a charge in respect of which a finding or order referred to in\nparagraphs (a) to (f), inclusive, is made by a court;\n(h) action taken in respect of a breach of custodial correctional\nfacility discipline committed during a period of imprisonment;\nor\n(j) disciplinary action taken while a youth offender is in a\ndetention centre,\nand includes such a record of a conviction, finding, order, quashed\nconviction, pardon, charge or action in a State or another Territory\nof the Commonwealth.\ndetention centre means a youth detention centre approved under\nsection 147 of the Youth Justice Act 2005 and includes a detention\ncentre, however described, under a corresponding law.\nequivalent offence means an offence against the relevant\ncorresponding provision.\nimprisonment:\n(a) includes a period during which a person is subject to any of\nthe following:\n(i) an intensive community correction order with a home\ndetention condition made under the Sentencing\nAct 1995;\n\nPart 1 Preliminary\nCriminal Records (Spent Convictions) Act 1992 3\n(ii) a home detention order made under the Sentencing\nAct 1995 as in force before the commencement of Part 2\nof the Sentencing and Other Legislation Amendment\nAct 2022;\n(iii) a home detention order made under Part IVA of the\nCriminal Law (Conditional Release of Offenders)\nAct 1971 as in force before the commencement of\nsection 129 of the Sentencing Act 1995; but\n(b) does not include the following:\n(i) detention in a detention centre;\n(ii) a sentence of periodic imprisonment referred to in\nsection 83(1)(k) of the Youth Justice Act 2005;\n(iii) a sentence imposed because of the failure to pay a\npenalty.\nlaw enforcement agency means:\n(a) the Police Force of the Northern Territory, the Australian\nFederal Police, or the police force of a State or another\nTerritory of the Commonwealth; or\n(b) the Australian Crime Commission; or\n(e) the Attorney-General for the Territory, the Commonwealth or\nfor a State or another Territory of the Commonwealth; or\n(f) persons employed in the Agency primarily responsible for law\nand the administration of justice, or a similar Department of\nthe Commonwealth, a State or another Territory of the\nCommonwealth, or employed in a body administered by such\na Department, being persons whose primary function is the\ninstitution or conduct of proceedings for offences; or\n(g) the Office of the Director of Public Prosecutions for the\nCommonwealth or the Territory, or a similar body established\nunder a law of a State or another Territory of the\nCommonwealth; or\n(h) the Director of Public Prosecutions for the Commonwealth or\nthe Territory, or a person performing a similar function\nappointed under a law of a State or another Territory of the\nCommonwealth; or\n(j) a Crown Prosecutor; or\n\nPart 1 Preliminary\nCriminal Records (Spent Convictions) Act 1992 4\n(k) a person who, under a law of the Commonwealth, the Territory\nor a State or another Territory of the Commonwealth, is\npermitted to practice as a legal practitioner, however\ndescribed, to the extent to which he or she is engaged by or\non behalf of the Crown to prosecute an offence; or\n(l) the ICAC; or\n(m) a person performing functions and exercising powers on\nbehalf of an agency, authority, department or statutory body\nreferred to in this definition; or\n(n) a prescribed person or body.\nnon-traffic offence means an offence other than a traffic offence.\noffence means an offence against a law in force in the Territory,\nthe Commonwealth or a State or another Territory of the\nCommonwealth.\npardon means an extension of the prerogative of mercy referred to\nin section 431 of the Criminal Code, not being a conditional pardon.\npublic authority means a local government council or public\nauthority constituted by or under an Act of the Territory, the\nCommonwealth or a State or another Territory of the\nCommonwealth, a government department or a statutory body or\nagency representing the Crown in any of its capacities, and\nincludes a law enforcement agency and a person performing\nfunctions and exercising powers on behalf of the council, authority,\ndepartment, statutory body or agency.\nquashed conviction means:\n(a) a conviction;\n(b) a finding that an offence has been proved, without proceeding\nto conviction; or\n(c) an order,\nthat, in accordance with subsection (2), shall be taken to have been\nquashed.\nsexual offence means:\n(a) an offence against Part V, Division 2 or section 201, 208H,\n208HA, 208HB or 208HC or Part VIA, Divisions 3 to 7 of the\nCriminal Code; or\n\nPart 1 Preliminary\nCriminal Records (Spent Convictions) Act 1992 5\n(b) an offence against Part V, Division 2 or section 188(2)(k), 192\nor 192B of the Criminal Code, as in force before the\ncommencement of Part 2 of the Criminal Justice Legislation\nAmendment (Sexual Offences) Act 2023; or\n(c) an offence prescribed as a sexual offence for the purposes of\nthis section; or\n(d) an offence of:\n(i) counselling or procuring; or\n(ii) aiding or abetting the commission of; or\n(iii) incitement or conspiring to commit; or\n(iv) attempting to commit; or\n(v) being an accessory after the fact to,\nan offence referred to in this definition or an equivalent\noffence.\nspent conviction means a criminal record which is spent in\naccordance with Part 2.\nspent record means:\n(a) a spent conviction;\n(b) a criminal record in respect of:\n(i) a quashed conviction; or\n(ii) an offence in respect of which an unconditional pardon\nhas been given;\n(c) a charge not proceeded with; or\n(d) a charge that has been withdrawn.\ntraffic offence means an offence against the Traffic Act 1987 or\nthe Traffic Regulations 1999, or an offence prescribed for this\ndefinition.\nviolent offence means an offence involving the use or threat of\nviolence against another person.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nPart 2 Spent convictions\nCriminal Records (Spent Convictions) Act 1992 6\n(2) For the purposes of this Act:\n(a) a conviction shall be taken to be quashed if it is quashed or\nset aside;\n(b) a finding that an offence has been proved, without proceeding\nto a conviction, shall be taken to be quashed if it is quashed or\nset aside (except where it is set aside in order to impose a\npenalty);\n(c) a finding that an offence has been proved, (and any order in\nrelation to the finding) without the court proceeding to a\nconviction, shall be taken to be quashed if the finding is\nquashed or set aside;\n(d) a conviction and the making of an order under section 5 of the\nCriminal Law (Conditional Release of Offenders) Act 1971\nshall be taken to be quashed if the conviction is set aside; and\n(e) an order under Part 6 of the Youth Justice Act 2005 shall be\ntaken to be quashed if it is quashed or set aside.\n(3) In this Act, unless the contrary intention appears, a reference to an\nAct or a provision of or under an Act of the Territory includes a\nreference to a corresponding law or corresponding provision, as the\ncase may be.\n4 Application\n(1) This Act binds the Crown not only in right of the Territory but also,\nso far as the legislative power of the Legislative Assembly permits,\nthe Crown in all its other capacities.\n(2) This Act applies to and in relation to offences committed in the\nTerritory, or in a State or another Territory of the Commonwealth,\nbefore or after the commencement of this Act.\n(3) This Act does not affect the operation of the Evidence (National\nUniform Legislation) Act 2011.\nPart 2 Spent convictions\n5 Interpretation\nIn this Part criminal record does not include a criminal record of:\n(a) a sexual offence;\n(b) an offence by a body corporate; or\n\nPart 2 Spent convictions\nCriminal Records (Spent Convictions) Act 1992 7\n(c) a prescribed offence.\n6 Convictions may be spent\n(1) In this section criminal record does not include a record of a\nconviction of an offence in respect of which a sentence of\nimprisonment for more than 6 months was imposed, whether or not\nthe sentence was suspended.\n(2) Subject to this Part, a criminal record is a spent conviction on the\nexpiration of a period, immediately after the date of conviction of the\noffence, of:\n(a) where the offender was convicted in the Youth Justice Court\nwithin the meaning of the Youth Justice Act 2005 – 5 years;\nand\n(b) in any other case – 10 years,\nduring which period the offender has not:\n(c) been convicted of an offence punishable by imprisonment; or\n(d) served all or any part of a sentence of imprisonment.\n(2A) If the offender was convicted in a court other than the Youth Justice\nCourt (within the meaning of the Youth Justice Act 2005) for an\noffence that the offender committed before attaining 18 years of\nage, his or her criminal record is, subject to this section and\nsection 6A, a spent conviction on the expiration of the period\nspecified in subsection (2)(b).\n(3) A conviction for a subsequent traffic offence and any period of\nimprisonment served in respect of the offence shall be taken into\naccount in calculating a period referred to in subsection (2) only in\nrespect of a conviction relating to a traffic offence.\n(4) A conviction for a subsequent non-traffic offence and any period of\nimprisonment served in respect of the offence shall be taken into\naccount in calculating a period referred to in subsection (2) only in\nrespect of a conviction relating to a non-traffic offence.\n6A Spent convictions for offenders under 18 convicted in court\nother than Youth Justice Court\n(1) In this section:\ncriminal record has the same meaning as in section 6.\n\nPart 2 Spent convictions\nCriminal Records (Spent Convictions) Act 1992 8\noffender means a person who was convicted in a court other than\nthe Youth Justice Court (within the meaning of the Youth Justice\nAct 2005) for an offence the offender committed before attaining the\nage of 18 years.\n(2) The criminal record of an offender is not a spent conviction unless:\n(a) subject to this section:\n(i) 5 years has expired since the date of conviction of the\noffence; and\n(ii) the offender applies under subsection (3) for the\nconviction to be a spent conviction and is given\nnotification under subsection (6) that the conviction is a\nspent conviction; or\n(b) subject to section 6, the period specified in section 6(2)(b) has\nexpired.\n(3) After the expiry of 5 years after the date an offender is convicted of\nan offence, the offender may apply to the Commissioner of Police\nfor the conviction to be a spent conviction.\n(4) On receipt of the application, the Commissioner must conduct an\ninquiry to ascertain whether 5 years during which the offender has\nnot:\n(a) been convicted of an offence punishable by imprisonment; or\n(b) served all or any part of a sentence of imprisonment,\nhas expired since the date of the offender's conviction.\n(5) In ascertaining whether the 5 year period has expired:\n(a) a conviction for a subsequent traffic offence and any period of\nimprisonment served in respect of the offence is taken into\naccount in calculating the 5 year period only in respect of a\nconviction relating to a traffic offence; and\n(b) a conviction for a subsequent non-traffic offence and any\nperiod of imprisonment served in respect of the offence is\ntaken into account in calculating the 5 year period only in\nrespect of a conviction relating to a non-traffic offence.\n(6) If the 5 year period has expired in accordance with subsections (4)\nand (5), the conviction is a spent conviction and the Commissioner\nmust give written notice to the offender accordingly.\n\nPart 2 Spent convictions\nCriminal Records (Spent Convictions) Act 1992 9\n7 Where court does not record or proceed to conviction\n(1) Where a person has been convicted of an offence but a court,\nwithout recording the conviction, discharges the person absolutely,\nthe criminal record (if any) of the conviction is a spent conviction\nimmediately the person is discharged.\n(2) Subject to subsections (3) and (4), a criminal record in respect of a\nfinding that an offence is proved without the court proceeding to\nconviction is a spent conviction immediately the finding or order is\nmade.\n(3) A criminal record of a finding or order made under section 83 of the\nYouth Justice Act 2005, not being an order made under\nsubsection (1)(a) or (b) of that section, without the court proceeding\nto conviction, is a spent conviction immediately the period specified\nin the order expires if the person subject to it has by that time\ncomplied with all of its requirements or where, before that time, he\nor she has complied with all of its requirements and there is no\ncontinuing obligation to be met, on the completion of those\nrequirements.\n(4) If a court finds an offence proved and, without recording a\nconviction, makes an order specified in subsection (5), the criminal\nrecord of the offence is a spent conviction immediately after the\norder ceases to be in force, if the person has complied with all the\nrequirements of the order.\n(5) For subsection (4), the following orders are specified:\n(a) a community correction order under the Sentencing Act 1995;\n(b) an order under section 10 of the Sentencing Act 1995;\n(c) an order under section 11 of the Sentencing Act 1995 as in\nforce before the commencement of Part 2 of the Sentencing\nand Other Legislation Amendment Act 2022;\n(d) an order under section 4 of the Criminal Law (Conditional\nRelease of Offenders) Act 1971 as in force before the\ncommencement of section 129 of the Sentencing Act 1995.\n\nPart 3 Effect of spent records\nDivision 1 Disclosure of records\nCriminal Records (Spent Convictions) Act 1992 10\n8 Repealed provisions\nA criminal record in respect of an offence against a provision of an\nAct is a spent conviction immediately the provision is repealed,\nexcept where:\n(a) a provision in an Act enacted in the jurisdiction before or in\nsubstitution for the first-mentioned provision, substantially of\nthe same effect, is in force; or\n(b) the provision in respect of the offence, or a record of the\noffence, is prescribed for the purposes of this section.\n9 Conditional pardons\nA criminal record of a conditional pardon is a spent conviction\nimmediately the conditions to which it is subject are complied with.\n10 Revival of convictions which are spent convictions\n(1) The criminal record of a conviction of a person in respect of a\nnon-traffic offence ceases to be a spent conviction on the conviction\nof the person of a non-traffic offence punishable by imprisonment.\n(2) The criminal record of a conviction of a person in respect of a traffic\noffence ceases to be a spent conviction on the conviction of the\nperson of a traffic offence punishable by imprisonment.\n(3) If, pursuant to subsection (1) or (2), a criminal record ceases to be\na spent conviction, on the conviction of the person for a subsequent\noffence that criminal record may again become a spent conviction\npursuant to section 6.\n(4) However, for section 6(2), the period commences immediately after\nthe date of conviction for the subsequent offence.\nPart 3 Effect of spent records\nDivision 1 Disclosure of records\n11 Person not required to disclose spent record\nSubject to this Part, where a record is a spent record:\n(a) the person to whom it relates is not required to disclose to\nanother person that spent record;\n\nPart 3 Effect of spent records\nDivision 1 Disclosure of records\nCriminal Records (Spent Convictions) Act 1992 11\n(b) a question concerning a person's convictions, criminal history\nor criminal record or a record of a similar kind shall be taken to\nrefer only to a record which is not a spent record; and\n(c) in the application to a person of a provision of an Act or\ninstrument of a legislative or administrative character:\n(i) a reference to a conviction, criminal history or criminal\nrecord or record of a similar kind shall be taken to be a\nreference only to a record which is not a spent record;\nand\n(ii) a reference to a person's character or fitness shall not\nbe taken as permitting or requiring a spent record to be\ntaken into account.\n12 Unlawful disclosure of spent record\n(1) A person with access to records kept by or on behalf of a public\nauthority which include spent records who, other than in\naccordance with this Part, discloses a spent record or information\nrelating to a spent record to a person without the consent of the\nperson to whom the record relates, is guilty of an offence.\nMaximum penalty: 40 penalty units or imprisonment for\n6 months.\n(2) A person who knows, or should reasonably be expected to know,\nthat a record is a spent record and who, other than in accordance\nwith this Part, discloses the spent record or information relating to\nthe spent record without the consent of the person to whom that\nspent record relates, is guilty of an offence.\nMaximum penalty: 40 penalty units.\n(3) The Commissioner of Police may disclose a spent conviction to a\nlaw enforcement agency, to the holder of a prescribed office or to a\nprescribed person for the purpose of the prosecution of an offence\nor the making of submissions on sentencing in respect of an\noffence.\n(4) A law enforcement agency may disclose a spent conviction to\nanother law enforcement agency for the purpose of a criminal\ninvestigation, the prosecution of an offence or the making of\nsubmissions on sentencing in respect of an offence.\n(5) A law enforcement agency, where required to do so by, or in the\ncourse of a proceeding before, a court, may disclose a spent\nconviction to the court, but a court shall not require such a\ndisclosure or permit publication of any information so disclosed\n\nPart 3 Effect of spent records\nDivision 2 Exclusions\nCriminal Records (Spent Convictions) Act 1992 12\nunless it is of the opinion that the interests of justice in the particular\ncircumstances require the disclosure and/or publication.\n(6) A person employed by or working for an archive or a library may\nmake available to a member of the public, or to an officer of another\narchive or library, in accordance with the normal procedures of the\nfirst-mentioned archive or library, material that is normally available\nfor public scrutiny which contains information relating to a spent\nrecord.\n13 Spent records not to be taken into account for unauthorised\npurpose\nA person who takes into account a spent record for a purpose not\nauthorised by or under an Act is guilty of an offence.\nMaximum penalty: 40 penalty units.\n14 Unlawfully obtaining information\nA person who fraudulently or dishonestly obtains or attempts to\nobtain information in respect of a spent record kept by or on behalf\nof a public authority is guilty of an offence.\nMaximum penalty: 40 penalty units or imprisonment for\n6 months.\nDivision 2 Exclusions\n15 Exclusions in relation to spent convictions\nSections 11 and 13 do not apply in respect of a spent conviction:\n(a) in relation to an application for appointment or employment as\na Supreme Court Judge, Local Court Judge, justice of the\npeace or police officer;\n(c) for arson or attempted arson in relation to an application by\nthe person to whom the spent conviction relates to be\nappointed to or employed in or otherwise engaged in fire\nfighting or fire prevention;\n(d) relating to a violent offence, to a request by a public authority\nfor information about the conviction where the information is\nsought for the purpose of determining whether to grant,\nreissue or revoke a licence, permit or registration under the\nFirearms Act 1997;\n(e) in relation to the consideration of the suitability of a person to\nbe a juror;\n\nPart 3 Effect of spent records\nDivision 2 Exclusions\nCriminal Records (Spent Convictions) Act 1992 13\n(f) to or in relation to proceedings before a court (or\ninvestigations for the purpose of such proceedings or\ndetermining whether proceedings should be commenced),\nincluding the giving of evidence or the conduct of the case\nbefore, or the making of a decision (including a decision\nconcerning sentencing) by, the court, but where a disclosure\nof a spent conviction is made to the court the court shall not\npermit the publication of any information so disclosed unless it\nis of the opinion that the interests of justice in the particular\ncircumstances require its publication.\n15A Exclusion in relation to spent records\n(1) Sections 11 and 13 do not apply in respect of a spent record in\nrelation to an application for appointment or employment to do work\nprincipally involving the care, instruction or supervision of\nvulnerable persons.\n(1AA) In addition, sections 11 and 13 do not apply in respect of a spent\nrecord in relation to an application for a screening check to obtain a\nclearance to provide services or supports to participants in the\nNational Disability Insurance Scheme.\n(1A) In addition, sections 11 and 13 do not apply in respect of a spent\nrecord in relation to an application to become one of the following:\n(a) a correctional services officer;\n(b) a public sector employee in the Agency administering the\nCorrectional Services Act 2014;\n(c) an official visitor;\n(d) a volunteer.\n(1B) In addition, sections 11 and 13 do not apply in respect of a spent\nrecord in relation to:\n(a) an application for appointment or employment as the ICAC, an\nActing ICAC, a member of ICAC staff, the Inspector or a\nmember of Inspector staff; or\n(b) anything done under section 126 of the Independent\nCommissioner Against Corruption Act 2017.\n(2) In this section:\nActing ICAC, see section 4 of the Independent Commissioner\nAgainst Corruption Act 2017.\n\nPart 4 Miscellaneous\nCriminal Records (Spent Convictions) Act 1992 14\ncorrectional services officer, see section 16 of the Correctional\nServices Act 2014.\nInspector, see section 4 of the Independent Commissioner Against\nCorruption Act 2017.\nmember of ICAC staff, see section 4 of the Independent\nCommissioner Against Corruption Act 2017.\nmember of Inspector staff, see section 4 of the Independent\nCommissioner Against Corruption Act 2017.\nofficial visitor, see section 4 of the Correctional Services Act 2014.\nspent record includes:\n(a) a finding that an offence has not been proved; and\n(b) a charge that is pending.\nvolunteer, see section 4 of the Correctional Services Act 2014.\nvulnerable persons includes children, aged persons and persons\nwith a physical or intellectual disability or mental illness.\nPart 4 Miscellaneous\n16 Act does not authorise contravention of other laws\nNothing in this Act authorises a person to disclose a charge,\nfinding, order or conviction, or to take a charge, finding, order or\nconviction into account, if to do so would contravene any other law\nin force in the Territory.\n17 Act does not affect certain other lawful acts\nNothing in this Act affects anything lawfully done before a matter to\nwhich this Act applies becomes, or becomes the subject of, a spent\nrecord.\n18 Destruction of records\nThis Act does not authorise the destruction by or on behalf of a\npublic authority of a spent record.\n\nPart 4 Miscellaneous\nCriminal Records (Spent Convictions) Act 1992 15\n19 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may provide that this Act or a provision of this Act\ndoes not affect another Act or a provision of another Act, whether\nenacted before or after the commencement of this Act and, on a\nregulation being so made, this Act shall be construed accordingly.\n(3) The Regulations may provide that a provision of this Act does not\napply to or in relation to:\n(a) a specific record or part of a record or information relating to\nthat record;\n(b) a specified person or class of persons; and/or\n(c) specified circumstances,\nand on a regulation being so made this Act shall be construed\naccordingly.\n(4) Without limiting the Administrator's power under this section, the\nMinister shall, in the fifth year after regulations referred to in\nsubsection (3) are made and in each succeeding fifth year\nthereafter while any such regulations remain in force, review the\nregulations for the purpose of deciding whether the Administrator\nshould be advised to repeal or amend the regulations.\n\nENDNOTES\nCriminal Records (Spent Convictions) Act 1992 16\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCriminal Records (Spent Convictions) Act 1992 (Act No. 76, 1992)\nAssent date 14 December 1992\nCommenced 29 March 1993 (Gaz G12, 24 March 1993, p 3)\nCriminal Records (Spent Convictions) Amendment Act 1993 (Act No. 35, 1993)\nAssent date 14 September 1993\nCommenced 14 September 1993\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995\nand Gaz S15, 13 June 1996)\nStatute Law Revision Act 1996 (Act No. 42, 1996)\nAssent date 17 September 1996\nCommenced 17 September 1996\nCriminal Records (Spent Convictions) Amendment Act 1998 (Act No. 8, 1998)\nAssent date 25 March 1998\nCommenced 22 April 1998 (Gaz G15, 22 April 1998, p 4)\nCriminal Records (Spent Convictions) Amendment Act 2002 (Act No. 26, 2002)\nAssent date 5 July 2002\nCommenced 31 July 2002 (Gaz G30, 31 July 2002, p 3)\nStatute Law Revision Act (No. 2) 2002 (Act No. 59, 2002)\nAssent date 7 November 2002\nCommenced 7 November 2002\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\n\nENDNOTES\nCriminal Records (Spent Convictions) Act 1992 17\nStatute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\nAustralian Crime Commission (Consequential Amendments) Act 2005 (Act No. 7, 2005)\nAssent date 17 March 2005\nCommenced 18 May 2005 (s 2, s 2 Australian Crime Commission Act 2005\n(Act No. 6, 2005) and Gaz G20, 18 May 2005, p 2)\nJustice Portfolio (Miscellaneous Amendments) Act 2005 (Act No. 20, 2005)\nAssent date 6 May 2005\nCommenced 13 July 2005 (Gaz G28, 13 July 2005, p 3)\nYouth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)\nAssent date 22 September 2005\nCommenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32,\n2005) and Gaz G30, 26 July 2006, p 3)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nStatute Law Revision Act 2010 (Act No. 29, 2010)\nAssent date 9 September 2010\nCommenced 13 October 2010 (Gaz G41, 13 October 2010, p 2)\nEvidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act\nNo. 23, 2012)\nAssent date 21 November 2012\nCommenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014,\n(s 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nJustice and Other Legislation Amendment (Australian Crime Commission) Act 2017\n(Act No. 9, 2017)\nAssent date 31 May 2017\nCommenced 31 May 2017\n\nENDNOTES\nCriminal Records (Spent Convictions) Act 1992 18\nIndependent Commissioner Against Corruption (Consequential and Related\nAmendments) Act 2018 (Act No. 3, 2018)\nAssent date 21 February 2018\nCommenced 30 November 2018 (s 2, s 2 Independent Commissioner\nAgainst Corruption Act 2017 (Act No. 23, 2017) and Gaz S94,\n30 November 2018)\nStatute Law Amendment Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nSex Industry Act 2019 (Act No. 40, 2019)\nAssent date 13 December 2019\nCommenced 12 June 2020 (Gaz S35, 11 June 2020)\nNational Disability Insurance Scheme (Worker Clearance) Act 2020 (Act No. 7, 2020)\nAssent date 9 March 2020\nCommenced 1 July 2020 (Gaz G17, 29 April 2020, p 2)\nCriminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)\nAssent date 17 August 2023\nCommenced 25 March 2024 (Gaz S20, 22 March 2024)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nYouth Justice Legislation Amendment Act 2025 (Act No. 21, 2025)\nAssent date 11 August 2025\nCommenced 4 September 2025 (Gaz S53, 28 August 2025)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 4, 6, 6A, 7, 15 and\n15A.\n4 LIST OF AMENDMENTS\ns 3 amd No. 17, 1996, s 6; No. 42, 1996, s 6; No. 8, 1998, s 4; No. 59, 2002, s 5;\nNo. 54, 2004, s 7; No. 7, 2005, s 3; No. 33, 2005, s 5; No. 29, 2010, s 7;\nNo. 19, 2014, s 26; No. 27, 2014, s 4; No. 8, 2016, s 45; No. 9, 2017, s 9;\nNo. 10, 2018, s 6; No. 3, 2018, s 15; No. 4, 2024, s 27; No. 20, 2023, s 54\ns 4 amd No. 33, 2005, s 5; No. 23, 2012, s 32; No. 21, 2025, s 37\ns 6 amd No. 26, 2002, s 4; No. 33, 2005, s 5\ns 6A ins No. 26, 2002, s 5\namd No. 33, 2005, s 5; No. 4, 2007, s 7\ns 7 amd No. 17, 1996, s 6; No. 33, 2005, s 5; No. 4, 2024, s 28\ns 10 amd No. 20, 2005, s 25\n\nENDNOTES\nCriminal Records (Spent Convictions) Act 1992 19\ns 12 amd No. 35, 1993, s 2; No. 12, 2010, s 3\ns 13 amd No. 1, 2004, s 26; No. 12, 2010, s 3\ns 14 amd No. 12, 2010, s 3\ns 15 amd No. 8, 1998, s 5; No. 1, 2004, s 27; No. 27, 2014, s 5; No. 8, 2016, s 45;\nNo. 40, 2019, s 34\ns 15A ins No. 1, 2004, s 28\namd No. 27, 2014, s 6; No. 3, 2018, s 16; No. 7, 2020, s 64","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's core objective in the long title is to facilitate rehabilitation by treating certain minor offence records as spent. The text, as amended, retains that core but narrows where the spent‑record protection applies by expressly excluding categories of offences and decisions (s5, s15) and by adding an extensive list of employment and screening exceptions for spent records (s15A(1)–(1B)). It also creates a special application/inquiry pathway for some convictions committed under age 18 but adjudicated outside the Youth Justice Court (s6A). The regulation‑making power (s19) allows further carve‑outs to be prescribed and requires five‑year reviews of such regulations (s19(3)–(4)), indicating a statutory design that enables and formalises changes to the Act’s operational scope over time. These textual features mean the practical reach of the rehabilitation‑oriented protection is expressly limited for specified safety‑sensitive, integrity and law‑enforcement contexts (s12(3)–(5), s15, s15A)."},"complexity_factors":["Numerous defined terms and cross‑references to other statutes (e.g. Youth Justice Act, Sentencing Act) that determine scope and timing (see s3, s5, s6, s6A).","Multiple timeframes and conditional pathways for spending convictions (standard 5/10 year periods, special application and Commissioner inquiry for some youth convictions) (s6(2), s6A(2)–(6)).","Differentiation between traffic and non‑traffic convictions for calculation purposes (s6(3)–(4), s6A(5)).","A long list of statutory exclusions and sectoral carve‑outs where spent records may still be used (s15, s15A).","Criminal offences and penalties for unlawful disclosure, obtaining or taking into account spent records with different maximum penalties and custodial options (s12, s13, s14).","Revival and re‑spending rules that allow spent convictions to cease to be spent on subsequent qualifying convictions and to become spent again (s10).","Executive regulation power to prescribe further exceptions or classes and a statutory five‑year review obligation for such regulations (s19(1)–(4)), creating potential future legal complexity.","Administrative discretion vested in the Commissioner of Police for inquiries and notifications under the youth application pathway (s6A(3)–(6)), requiring institutional processes and resourcing.","Constraints on data management (prohibition on destruction by public authorities (s18)) combined with privacy‑protective disclosure rules (s11, s12) create operational compliance requirements."],"plain_english_summary":"What this law does (mechanically)\n\n- Creates the legal category of a \"spent conviction\" or \"spent record\": certain criminal records stop having to be disclosed and are treated, for most purposes, as if they are not part of a person's criminal history once specified conditions and time periods are met (Parts 2 and 3; see especially s6, s6A, s11).  \n\n- Time periods and basic rules: a conviction becomes spent after a clean period of time measured from the date of conviction — generally 5 years for convictions in the Youth Justice Court and 10 years in other courts — provided the person has not since been convicted of an offence punishable by imprisonment or served any part of an imprisonment sentence (s6(2)(a)–(b), s6(2)(c)–(d)). Convictions that carried more than 6 months' imprisonment are excluded from becoming spent (s6(1)).  \n\n- Special process for some youth convictions: where a person was under 18 when they committed the offence but was convicted in a court other than the Youth Justice Court, the spent status requires either waiting the full 10‑year period or, after 5 years, applying to the Commissioner of Police, who must inquire and notify the person if the conviction is spent (s6A(2)–(6)).\n\n- Immediate spending in particular cases: the Act treats certain non‑record outcomes (e.g. absolute discharge without recording a conviction, or many findings without proceeding to conviction) as spent immediately or on expiry/completion of orders (s7). Conditional pardons become spent when their conditions are met (s9). Repealed offences may be spent immediately subject to qualifications (s8).\n\n- Revival and re‑spending: a spent conviction can cease to be spent if the person is later convicted of a qualifying offence (s10(1)–(2)); if revived, the record can become spent again under the same timing rules (s10(3)–(4)).\n\nWhat being \"spent\" means in practice\n\n- A person is not required to disclose a spent record, and questions about convictions or criminal history are taken to refer only to non‑spent records (s11(a)–(b)). A spent record generally must not be taken into account in administrative or legislative instruments that ask about character or fitness (s11(c)).\n\n- The Act creates criminal offences and penalties for those who unlawfully disclose, obtain, or take into account spent records for unauthorised purposes (s12, s13, s14). Maximum penalties are specified (for example, s12(1): 40 penalty units or 6 months' imprisonment).  \n\nWho still gets access, and the main exceptions\n\n- Law enforcement and prosecution: the Commissioner of Police and law enforcement agencies may disclose spent convictions to other law enforcement agencies or prescribed offices/persons for specified law enforcement purposes (s12(3)–(5)). Courts may receive spent records when required by proceedings, though publication is limited unless the court decides the interests of justice require it (s12(5)).\n\n- Employment, licensing and safety exceptions: the Act lists specific roles and decisions for which spent convictions/records may be taken into account despite s11 and s13. These include applications for judges, police officers, justices of the peace, fire‑fighting roles, firearms licensing decisions, juror suitability, and court proceedings (s15). An expanded list covers work involving care, instruction or supervision of vulnerable persons, NDIS worker clearances, correctional services roles, ICAC roles and related matters, volunteers in specified settings and similar functions (s15A(1)–(1B)).  \n\nAdministrative and legal constraints\n\n- The Act binds the Crown and applies to offences committed before or after commencement (s4(1)–(2)). It does not authorise disclosure that would otherwise contravene other laws (s16). It does not permit public authorities to destroy spent records (s18). The Administrator (executive) may make regulations to prescribe exceptions, classes of persons, records or circumstances and must review those regulations at five‑year intervals (s19(1)–(4)).\n\nOfficial purpose and how the Act's mechanisms test that purpose\n\n- The statute's long title states the purpose is to \"facilitate the more effective rehabilitation of certain offenders by providing that, in certain circumstances, their criminal records relating to relatively minor offences may be spent\". The mechanics that pursue this aim are the postponement/ending of disclosure duties after specified clean periods (s6, s11), immediate spending in some non‑conviction outcomes (s7), and criminal sanctions to discourage unlawful disclosure (s12–s14).\n\n- Trade‑offs and implementation mechanisms implied by the text:  \n  - Who bears costs: persons whose records become spent gain reduced disclosure burdens; public authorities and employers bear compliance costs to avoid unlawful use of spent records and to manage record systems that distinguish spent vs non‑spent records (s11, s12, s13, s18).  \n  - Incentives and behavioural change: employers and licensing bodies listed in the exclusions retain the legal ability to use historic records for safety/public‑interest decisions (s15, s15A). Law enforcement retains access for prosecution and investigation (s12(3)–(5)), preserving investigatory capability while limiting public disclosure.  \n  - Bureaucratic discretion and administrative burden: the Commissioner of Police has a statutory role to inquire and notify applicants under the youth‑conviction application pathway (s6A(3)–(6)), and the Administrator may create or adjust regulatory carve‑outs (s19), both of which introduce points of administrative decision‑making.  \n  - Compliance and enforcement: the Act criminalises improper disclosure and use (s12–s14) and forbids destruction of spent records by public authorities (s18), creating record‑keeping and enforcement obligations for agencies.  \n  - Opportunity costs and sectoral trade‑offs: the enumerated exclusions (s15, s15A) show a design choice to prioritise access to records for particular safety‑sensitive or integrity roles while limiting disclosure in most other contexts — this channels where rehabilitation‑related privacy benefits apply and where historic records remain available for decision‑makers.\n\nPractical effects to watch for in administration\n\n- Accurate classification of records and technical safeguards in agency systems (to prevent unlawful disclosure and to refuse disclosure in ordinary recruitment/licensing checks) are necessary (s11, s12, s18).  \n- The Commissioner’s inquiry process for some youth applicants (s6A(3)–(6)) creates an application pathway with an administrative timeline and potential resourcing needs.  \n- The regulation power (s19) allows the executive to change which records, people or circumstances are excluded from spent‑record protection, subject to five‑yearly ministerial review (s19(3)–(4)).\n\nBottom line (mechanical summary)\n\nThe Act sets out how certain criminal records stop having to be disclosed after clean periods or on completion of orders, creates offences for wrongful disclosure or use, preserves law enforcement and safety‑sensitive access in defined circumstances, and vests administrative discretion in the Commissioner of Police and the executive via applications and regulation‑making powers. The text shows concrete trade‑offs between privacy/rehabilitation objectives (s6, s11) and public‑safety/integrity exceptions (s15, s15A), together with enforcement and record‑keeping obligations (s12–s14, s18)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1992 scope. Originally focused on simple rehabilitation for minor offenders with automatic spending periods, it has grown to include: (1) a complex application-based scheme for young offenders in adult courts (section 6A, added 2002); (2) specific exclusions for NDIS worker screening (2020); (3) ICAC and correctional services employment vetting (2014, 2018); (4) sex industry employment checks (2019); and (5) detailed preservation of records despite spending. The exceptions framework has transformed from a simple list to a multi-layered scheme reflecting modern regulatory concerns about working with vulnerable people and integrity agencies. The 2023 amendments also updated sexual offence definitions to reflect contemporary criminal law."},"complexity_factors":["Multiple overlapping definitions of 'criminal record' that vary by section (section 3 general definition vs section 5 exclusion for sexual/corporate offences vs section 6 exclusion for sentences over 6 months)","Bifurcated scheme with different rules for Youth Justice Court (5 years, automatic) vs adult courts (10 years, automatic) vs under-18s in adult courts (5 years, application required) – section 6A creates a distinct procedural track","Complex 'revival' mechanism in section 10 where spent convictions can be resurrected by subsequent convictions, with separate tracking for traffic vs non-traffic offences","Extensive cross-referencing to other NT Acts (Youth Justice Act 2005, Sentencing Act 1995, Criminal Code, Correctional Services Act 2014, ICAC Act 2017, NDIS Worker Clearance Act 2020) requiring knowledge of external legislative schemes","Nested exceptions in Division 2 (sections 15 and 15A) with multiple sub-categories including vulnerable persons, NDIS screening, correctional services, and ICAC roles","Conditional logic for immediate spending in section 7 involving multiple types of court orders (community correction orders, conditional release orders) with different commencement/cessation triggers","Preservation of records despite spending – section 18 clarifies that spent records cannot be destroyed, creating a distinction between legal status (spent) and physical existence","Regulation-making power in section 19(3) allowing blanket exclusions for specific records, persons, or circumstances, with 5-yearly review requirement adding procedural overlay"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's \"clean slate\" law. It allows certain old and minor criminal convictions to become \"spent\" (legally erased from a person's record) after a waiting period, provided they haven't reoffended. Once a conviction is spent, the person generally doesn't have to tell anyone about it, and it won't show up in most criminal record checks.\n\n**Who it affects:**\n\n- **People with old convictions** – especially those who committed minor offences as young people (under 18) or adults with low-level offences.\n- **Employers and organisations** – they generally cannot ask about or consider spent convictions, with specific exceptions for sensitive roles (working with children, police, judges, firearms licensing, etc.).\n- **Government agencies** – they must keep spent records confidential and can only disclose them in limited circumstances.\n\n**How it works:**\n\n- **Automatic spending:** Most convictions become spent automatically after **5 years** (if convicted in the Youth Justice Court) or **10 years** (for adult convictions), as long as the person wasn't sentenced to more than 6 months in prison and hasn't committed another imprisonable offence during that time.\n- **Application process for young offenders in adult courts:** If someone was under 18 but convicted in an adult court (not the Youth Justice Court), they must apply to the Police Commissioner after 5 years of good behaviour.\n- **Immediate spending:** Convictions where the court didn't record a conviction (absolute discharge) or certain good behaviour bonds become spent immediately or when the bond ends.\n- **Revival:** If someone reoffends with an imprisonable offence, the spent conviction \"comes back to life\" and must wait another 5 or 10 years to become spent again.\n\n**What you don't have to disclose:**\n\nOnce a record is \"spent\":\n- You can legally say you have no criminal record (in most situations).\n- Job applications asking about criminal history are taken to mean \"only unspent convictions.\"\n- Employers can't consider spent convictions when assessing your character or fitness for a job.\n\n**Important exceptions:**\n\nThe protection doesn't apply when applying for:\n- Jobs as judges, police, or justice of the peace\n- Firefighting roles (if you have arson convictions)\n- Firearms licences (if violent offences)\n- Jury duty\n- Working with \"vulnerable persons\" (children, elderly, people with disabilities)\n- NDIS worker screening checks\n- Correctional services or ICAC (anti-corruption) roles\n\n**Penalties:**\n\nIllegally disclosing spent records or taking them into account for unauthorised purposes can result in fines or up to 6 months imprisonment.\n\n**Why it matters:**\n\nThis law recognises that people who've made mistakes and stayed out of trouble deserve a second chance. It removes the lifelong stigma of minor criminal records, making it easier to get jobs, housing, and move on with life—while balancing community safety through carefully designed exceptions for high-risk roles."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-records-spent-convictions-act-1992","history":"/api/acts/criminal-records-spent-convictions-act-1992/history","analysis":"/api/acts/criminal-records-spent-convictions-act-1992/analysis","conflicts":"/api/acts/criminal-records-spent-convictions-act-1992/conflicts","importantCases":"/api/acts/criminal-records-spent-convictions-act-1992/important-cases","documents":"/api/acts/criminal-records-spent-convictions-act-1992/documents"}}