{"id":"criminal-records-spent-convictions-regulations-1993","name":"CRIMINAL RECORDS (SPENT CONVICTIONS) REGULATIONS 1993","slug":"criminal-records-spent-convictions-regulations-1993","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174628,"registerId":"nt-criminal-records-spent-convictions-regulations-1993-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CRIMINAL RECORDS (SPENT CONVICTIONS) REGULATIONS 1993","content":"NORTHERN TERRITORY OF AUSTRALIA\nCRIMINAL RECORDS (SPENT CONVICTIONS) REGULATIONS 1993\nAs in force at 14 April 2020\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Prescribed law enforcement agencies ............................................. 1\n2A Exemption for disclosure of information to Australian Crime\nCommission ..................................................................................... 1\n3 Exemption in relation to certain decisions under Private\nSecurity Act 1995 ............................................................................ 1\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 14 April 2020\n____________________\nCRIMINAL RECORDS (SPENT CONVICTIONS) REGULATIONS 1993\nRegulations under the Criminal Records (Spent Convictions) Act 1992\n1 Citation\nThese Regulations may be cited as the Criminal Records\n(Spent Convictions) Regulations 1993.\n2 Prescribed law enforcement agencies\nFor paragraph (n) of the definition law enforcement agency in\nsection 3(1) of the Act, the following bodies are prescribed:\n(a) the police force of New Zealand;\n(b) the International Police Organisation, known as INTERPOL;\n(c) the United Kingdom Criminal Records Bureau.\n2A Exemption for disclosure of information to Australian Crime\nCommission\n(1) Section 12 of the Act does not apply in relation to disclosure by the\nNorthern Territory Police Force of a spent record or information\nrelating to a spent record to the Australian Crime Commission for\nincorporation into the police information sharing system known as\nthe National Police Reference System.\nNote for subregulation (1)\nThis regulation is made under section 19(3) of the Act.\n3 Exemption in relation to certain decisions under Private\nSecurity Act 1995\nSection 13 of the Act does not apply in relation to the making of a\ndecision under the Private Security Act 1995 whether to grant,\nrenew, suspend or cancel a licence.\nNote for regulation 3\nThis regulation is made under section 19(3) of the Act.\n\nENDNOTES\nCriminal Records (Spent Convictions) Regulations 1993 2\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) Regulations (SL No. 13, 1993)\nNotified 9 June 1993\nCommenced 9 June 1993\nAmendment of Criminal Records (Spent Convictions) Regulations (SL No. 14, 1997)\nNotified 14 May 1997\nCommenced 14 May 1997\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)\nCriminal Records (Spent Convictions) Amendment Regulations 2012 (SL No. 2, 2012)\nNotified 8 February 2012\nCommenced 8 February 2012\nLicensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014)\nAssent date 5 December 2014\nCommenced 1 January 2015 (Gaz S130, 19 December 2014, p 2)\nJustice and Other Legislation Amendment (Australian Crime Commission) Act 2017\n(Act No. 9, 2017)\nAssent date 31 May 2017\nCommenced 31 May 2017\nLicensing (Director-General) Repeal Act 2020 (Act No. 4, 2020)\nAssent date 9 March 2020\nCommenced 14 April 2020 (Gaz G13, 1 April 2020, p 2)\n\nENDNOTES\nCriminal Records (Spent Convictions) Regulations 1993 3\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: rr 1 and 3.\n4 LIST OF AMENDMENTS\nr 2 sub No. 2, 2012, r 3\nr 2A ins No. 2, 2012, r 3\namd Act No. 9, 2017, s 9\nr 3 hdg amd Act No. 9, 2017, s 9; Act No. 4, 2020, s 87\nr 3 ins No. 14, 1997\namd Act No. 54, 2004, s 8; No. 2, 2012, r 4; Act No. 44, 2014, s 145","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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no evidence that the scope of these regulations has materially changed from their original intent. The 2020 commencement date likely reflects a reprint or administrative update rather than a substantive change in scope. The regulations appear to continue serving their original purpose of providing practical rules for the spent convictions scheme."},"complexity_factors":["Interplay between these regulations and the parent Criminal Records (Spent Convictions) Act requires understanding both instruments together","Multiple exceptions and carve-outs typical in spent convictions frameworks (e.g. certain professions, serious offences) add nuance","The document provided contains only metadata — no actual regulatory text is available for detailed analysis, limiting assessment","Intersection with federal spent convictions law (Crimes Act 1914, Part VIIC) creates a dual-layer legal framework that can be confusing","Determining eligibility (waiting periods, offence types, exclusions) requires careful fact-specific assessment"],"plain_english_summary":"These regulations set the practical rules for when old criminal convictions in the ACT become \"spent,\" who can benefit, and how spent-status is treated. They affect people seeking a fresh start, employers and organisations doing background checks, and agencies handling records. By defining which convictions can be ignored, waiting periods, exceptions, and access rules, they determine when people generally need not disclose past offences — enabling rehabilitation and fairer employment and housing opportunities."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These regulations narrow the protections otherwise afforded by the Spent Convictions Act by adding targeted exceptions. Compared with a baseline purpose of preventing routine disclosure and use of spent convictions, the instrument expands the situations in which spent records may be shared or relied on: (a) it prescribes additional external policing bodies as \"law enforcement agencies\" (reg 2), (b) it permits the Northern Territory Police to disclose spent records to the Australian Crime Commission for the National Police Reference System (reg 2A), and (c) it permits spent conviction information to be considered in private security licensing decisions (reg 3). Each of those insertions increases the set of actors and decision contexts that may access or use spent-conviction information, thereby broadening practical scope beyond the Act's default confidentiality/forgiveness scheme."},"complexity_factors":["Very short instrument: three operative regulations","Direct cross-references to two specific provisions of the parent Act (s 12 and s 13)","Three external entities specifically named in reg 2 (NZ police, INTERPOL, UK Criminal Records Bureau)","A single substantive exemption of disclosure to a named national system (reg 2A)","A single substantive exemption for a specific category of administrative decisions (private security licences) (reg 3)","Several historical amendments noted (insertion dates and amending Acts) but no nested exceptions or numerous defined terms"],"plain_english_summary":"**What these regulations do (plain language)**\n\n- These are short regulations that sit under the Criminal Records (Spent Convictions) Act. They spell out a small number of exceptions to the general rule that a \"spent\" conviction should be treated as if it never happened in most circumstances.\n\n- Regulation 2 names three external police or policing-type bodies that count as \"law enforcement agencies\" for the purposes of the Act: the New Zealand police, INTERPOL, and the United Kingdom Criminal Records Bureau. That means those bodies are treated the same as other prescribed police agencies under the Act (see reg 2).\n\n- Regulation 2A allows the Northern Territory Police Force to disclose a spent record to the Australian Crime Commission so the information can be put into the National Police Reference System (a national police information‑sharing database). In other words, the usual restriction on disclosing spent conviction information (in section 12 of the Act) does not stop the NT Police from sending spent-record information to the ACC for that national system (see reg 2A).\n\n- Regulation 3 allows spent conviction information to be considered for certain licensing decisions under the Private Security Act 1995 (decisions to grant, renew, suspend or cancel a private security licence). That means the usual restriction on using spent-conviction information (in section 13 of the Act) does not apply to those specific licensing decisions (see reg 3).\n\n**Who is affected**\n\n- Individuals with \"spent\" convictions: these regulations limit some of the protection that spent status would normally provide. Spent records may be shared with specified policing bodies and used in private security licensing decisions.\n\n- Northern Territory Police Force and the Australian Crime Commission: the police may disclose spent records to the ACC for the national police database; the ACC may receive and incorporate that information.\n\n- Private security licensing authorities and applicants: licensing authorities may take spent conviction information into account when deciding about private security licences; applicants for those licences can have spent convictions considered.\n\n**Why it matters (official purpose and practical consequences)**\n\n- Officially, the regulations are made under the power in the Act to prescribe exceptions: they identify which external policing bodies count as law enforcement agencies and carve out two limited situations where the usual protections for spent convictions do not apply (disclosure to the ACC for the national police reference system, and certain private security licensing decisions).\n\n- Practical effects and trade-offs:\n  - Benefit to enforcement coordination: enabling disclosure to the ACC and including certain external policing bodies supports national information sharing among police agencies, which the police and ACC would argue helps law enforcement.\n  - Effect on rehabilitation and employment prospects: allowing spent convictions to be used in private security licence decisions reduces the practical benefit of having a conviction become \"spent\" for people who need a private security licence.\n  - Administrative burden: the immediate compliance burden is small for most organisations (police continue usual information‑sharing; licensing bodies consider an additional source of information). For individuals, the cost is a potentially reduced ability to keep a conviction out of consideration for certain licences.\n  - Privacy and accuracy risks: sharing spent records into national systems increases the surface area for data matching errors and raises questions about recordkeeping controls and access audits.\n\n**Who pays and who decides**\n\n- The Northern Territory Police decides whether to disclose a spent record to the ACC under reg 2A; the ACC decides how to incorporate the information into the national reference system.\n\n- Private security licensing decision‑makers decide whether a spent conviction affects licence outcomes (reg 3).\n\n**Implementation and risks to watch**\n\n- Technical/operational risk: ensuring that a record marked \"spent\" in one jurisdiction is correctly handled when transmitted to and stored in national databases.\n\n- Notice and redress: affected individuals may need clearer notice routes and appeal or review mechanisms if a spent conviction is used against them in a licensing decision.\n\n**Key statutory references in these regulations**\n\n- Reg 2 (prescribed external law enforcement agencies).  \n- Reg 2A (exemption to s 12 of the Act for disclosure to the ACC/NPRS).  \n- Reg 3 (exemption to s 13 of the Act for private security licensing decisions).\n\n(These regulations are made under the powers in the Criminal Records (Spent Convictions) Act; the notes in the instrument state the specific enabling subsection used for the exemptions.)"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: creating specific, narrow exemptions to the spent convictions scheme. The amendments over time have simply updated agency names (e.g., Australian Crime Commission replacing previous bodies) and maintained the exemption for private security licensing despite legislative restructures. There has been no significant expansion beyond the original intent of permitting disclosure of spent convictions to law enforcement partners and for security licensing decisions."},"complexity_factors":["Extremely short — only 3 substantive regulations plus citation provision","Minimal defined terms (relies on definitions in parent Act)","No nested conditional logic or complex cross-referencing beyond simple references to specific sections of the parent Act","Straightforward exemption structure: \"Section X does not apply in relation to...\"","No exceptions to exceptions or intricate procedural requirements","Simple prescriptive lists (regulation 2 lists only 3 agencies)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create specific **exceptions** to the Northern Territory's spent convictions scheme. Normally, when a conviction becomes \"spent\" (meaning enough time has passed without further offending), it doesn't have to be disclosed and generally can't be used against you. These regulations carve out situations where spent convictions **can** still be disclosed or considered.\n\n**Who it affects:**\n\n- **Police and security agencies**: The regulations allow NT Police to share spent conviction records with the Australian Crime Commission for the National Police Reference System (a national database used by police across Australia).\n- **International law enforcement**: New Zealand Police, INTERPOL, and the UK Criminal Records Bureau are specifically recognised as agencies that can receive spent conviction information.\n- **Private security licence applicants**: People applying for (or renewing) private security licences can still have their spent convictions considered when the licensing authority decides whether to grant, renew, suspend or cancel their licence.\n\n**Why it matters:**\n\nThese regulations balance **rehabilitation** (the main goal of spent convictions laws) against **public safety and law enforcement needs**. Without these exceptions, someone with a spent assault conviction could potentially obtain a security licence without the regulator knowing about their history, or police couldn't share critical intelligence with national and international partners.\n\nThe regulations essentially say: *\"Yes, your conviction is spent for most purposes — but not for these specific high-stakes situations involving national security, international policing, or protecting the public through security industry oversight.\"*"}},"importantCases":[],"_links":{"self":"/api/acts/criminal-records-spent-convictions-regulations-1993","history":"/api/acts/criminal-records-spent-convictions-regulations-1993/history","analysis":"/api/acts/criminal-records-spent-convictions-regulations-1993/analysis","conflicts":"/api/acts/criminal-records-spent-convictions-regulations-1993/conflicts","importantCases":"/api/acts/criminal-records-spent-convictions-regulations-1993/important-cases","documents":"/api/acts/criminal-records-spent-convictions-regulations-1993/documents"}}