{"id":"spent-convictions-act-2009","name":"Spent Convictions Act 2009","slug":"spent-convictions-act-2009","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110192,"registerId":"sa-spent-convictions-act-2009-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Spent Convictions Act 2009","content":"South Australia\nSpent Convictions Act 2009\nAn Act to limit the effect of a person's conviction for certain offences if the person completes a period of crime‑free behaviour or if the conduct constituting the offence has been decriminalised and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tPreliminary\n4\tMeaning of spent conviction\n5\tScope of Act\n6\tApplication of Act\n6A\tQualified magistrates\nPart 2—Requirements for a conviction to become spent\n7\tDetermination of qualification period\n8\tSpent conviction—general provision\n8A\tSpent conviction for eligible sex offence\n8B\tSpent conviction for designated sex‑related offence\n8C\tSpent conviction for prescribed public decency offence\n9\tSubsequent conviction after conviction becomes spent\nPart 3—Effect of a conviction becoming spent\nDivision 1—General provisions\n10\tAbility to disregard spent convictions\n11\tUnlawful disclosures—public records\n12\tUnlawful disclosures—business activities\nDivision 2—Exclusions\n13\tExclusions\n13A\tExclusions may not apply\nPart 4—Miscellaneous\n14\tImproperly obtaining information about spent convictions\n15\tPrerogative of mercy not affected\n16\tAct does not authorise destruction of records\n17\tRegulations\nSchedule 1—Exclusions\na1\tApplication of exclusions\n1\tJustice agencies\n2\tCommonwealth agencies\n3\tDesignated judicial authorities\n4\tParole Board\n5\tJudicial and associated officers\n6\tCare of children\n7\tCare of vulnerable people\n8\tActivities associated with a character test\n9\tFirefighting, police and correctional services\n9A\tScreening units\n10\tOfficial records\n11\tArchives and libraries\n12\tReports and authorised publications\n13\tNon-identifying information\n14\tPrescribed exclusions\nSchedule 2—Provisions relating to proceedings before a qualified magistrate\n1\tInterpretation\n1A\tApplication for a spent conviction order—designated sex‑related offences and prescribed public decency offences\n2\tExtent of application\n3\tNotice of application\n4\tConduct of proceedings\n5\tPrinciples governing hearings\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Spent Convictions Act 2009.\n3—Preliminary\n\t(1)\tIn this Act, unless the contrary intention appears—\nadult means a person of or above the age of 18 years;\nAUSTRAC means the Australian Transaction Reports and Analysis Centre continued in existence by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth;\nchild means a person under the age of 18 years;\nCommonwealth authority means—\n\t(a)\ta Commonwealth Minister; or\n\t(b)\ta Commonwealth Department; or\n\t(c)\tthe Defence Force; or\n\t(d)\ta body (whether incorporated or not) established or appointed for a public purpose by or under a Commonwealth law, not being—\n\t(i)\tan incorporated company, society or association; or\n\t(ii)\tan organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth, or a branch of such an organisation or association; or\n\t(e)\ta body established or appointed by the Governor‑General, or by a Commonwealth Minister, otherwise than by or under a Commonwealth law; or\n\t(f)\ta person holding or performing the duties of an office established by or under, or an appointment made under, a Commonwealth law other than the office of Secretary of a Commonwealth Department; or\n\t(g)\ta person holding or performing the duties of an appointment made by the Governor‑General, or by a Commonwealth Minister, otherwise than under a Commonwealth law; or\n\t(h)\ta federal court; or\n\t(i)\ta tribunal established under a Commonwealth law; or\n\t(j)\tthe Australian Federal Police;\nCommonwealth Department means an Agency within the meaning of the Public Service Act 1999 of the Commonwealth;\nconviction means a conviction, whether summary or on indictment, for an offence and includes a finding which, under subsection (5), is treated as a conviction for the purposes of this Act or a case which falls within the ambit of subsection (6);\ncorresponding law means a law of another State or of the Commonwealth that is declared by the regulations to be a corresponding law for the purposes of this Act;\ndesignated Commonwealth position means a position in a Commonwealth authority which the head of the authority has determined to be a designated security assessment position whose duties are likely to involve access to national security information classified as secret or top secret;\ndesignated judicial authority means—\n\t(a)\ta court or tribunal (including a military tribunal established under a law of the Commonwealth); or\n\t(b)\ta judicial or quasi‑judicial body brought within the ambit of this definition by the regulations;\ndesignated sex-related offence means—\n\t(a)\ta sex offence—\n\t(i)\tthat is constituted by consenting adults engaging in sexual intercourse, or another form of sexual activity; or\n\t(ii)\tthat is constituted by an adult procuring another adult to engage in consensual sexual intercourse, or another form of consensual sexual activity; or\n\t(b)\tan offence where—\n\t(i)\tthe offence is constituted by consenting persons of the same sex engaging in sexual intercourse, or another form of sexual activity; and\n\t(ii)\tat least 1 of them is 16 or 17 years of age (and none of them is younger); and\n\t(iii)\ttheir actions would not have constituted an offence if they were not of the same sex; and\n\t(iv)\tno person engaged in the activity was in a position of authority in relation to another person engaged in the activity; or\n\t(c)\tan offence against—\n\t(i)\tsection 69, 70 or 71 (other than section 70(1)(b) or (c)) of the Criminal Law Consolidation Act 1935 before its repeal by the Criminal Law Consolidation Act Amendment Act 1972 (No 94 of 1972); or\n\t(ii)\tsection 69 (other than section 69(1)(b)(ii) or (iii)) of the Criminal Law Consolidation Act 1935 before its repeal by the Criminal Law (Sexual Offences) Amendment Act 1975 (No 66 of 1975); or\n\t(iii)\tany other provision, prescribed by regulation, that involves consensual sexual activity between persons of the same sex; or\n\t(d)\tan offence against the common law substantially corresponding to an offence referred to in paragraph (a) or (c); or\n\t(e)\tan offence of attempting, or of conspiracy or incitement, to commit an offence mentioned in paragraphs (a) to (d);\neligible adult offence means an offence committed by an adult for which—\n\t(a)\ta sentence of imprisonment is not imposed; or\n\t(b)\ta sentence of imprisonment is imposed but the sentence is 12 months or less;\neligible juvenile offence means an offence committed while the defendant was a child where, on conviction of the defendant—\n\t(a)\ta sentence of imprisonment is not imposed; or\n\t(b)\ta sentence of imprisonment is imposed but the sentence is 24 months or less;\neligible sex offence means a sex offence (being either an eligible adult offence or an eligible juvenile offence) for which a sentence of imprisonment is not imposed;\nintelligence or security agency means—\n\t(a)\tthe Australian Security Intelligence Organisation; or\n\t(b)\tthe Australian Secret Intelligence Service; or\n\t(c)\tthe Office of National Assessments; or\n\t(d)\tthat part of the Department of Defence known as the Defence Signals Directorate; or\n\t(e)\tthat part of the Department of Defence known as the Defence Intelligence Organisation; or\n\t(f)\tthat part of the Department of Defence known as the Defence Imagery and Geospatial Organisation; or\n\t(g)\tany other similar agency, office or part of a Commonwealth Department that has a direct involvement in national intelligence or security activities;\njustice agency means any of the following:\n\t(a)\tthe Australian Federal Police;\n\t(b)\tthe police force or service of a State;\n\t(c)\tthe Australian Customs and Border Protection Service;\n\t(d)\tthe National Anti‑Corruption Commission, the Australian Crime Commission, or any other similar crime or integrity commission, body, office or agency established under a law of the Commonwealth or a State;\n\t(f)\tAusCheck (established by the Commonwealth on 5 December 2005);\n\t(g)\tthe Australian Securities and Investments Commission;\n\t(h)\tthe Attorney‑General for the Commonwealth or a State;\n\t(i)\tthe Director of Public Prosecutions for the Commonwealth or a State, or a person or body performing a similar function under a law of a State;\n\t(j)\tstaff appointed to assist a person or body referred to in paragraph (i);\n\t(k)\ta government department or agency of the Commonwealth or the State which is concerned, as 1 of its principal or primary duties, with the prosecution of offences or assisting with the prosecution of offences;\n\t(l)\tthe Australian Taxation Office or the Australian Electoral Commission, in connection with any function associated with the prosecution of offences or assisting with the prosecution of offences;\n\t(m)\tthe Department for Correctional Services or an equivalent entity in another State;\n\t(n)\tthe Department responsible for a training centre under the Young Offenders Act 1993 or an equivalent entity in another State;\n\t(o)\tthe Registrar or administrator of a Commonwealth or State court;\n\t(p)\ta person or body brought within the ambit of this definition or a corresponding definition by regulations made under this Act or under a corresponding law for the purposes of a corresponding definition;\nminor offence means an offence where, on conviction—\n\t(a)\tthe defendant is discharged without penalty; or\n\t(b)\tthe only penalty imposed on the defendant (disregarding any demerit points that may apply) is a fine not exceeding—\n\t(i)\tunless an amount applies under subparagraph (ii)—$500; or\n\t(ii)\tan amount, greater than $500, prescribed by the regulations for the purposes of this definition;\nmutual recognition principle—see subsection (7);\nnational security information means information affecting the defence, security or international relations of Australia;\nofficial record means a record kept by a court, tribunal, police force or public authority;\noverseas jurisdiction means a jurisdiction outside Australia and the external territories;\nprescribed public decency offence means an offence against public decency or morality by which homosexual behaviour could be punished (but does not include a sex offence);\npublic authority means—\n\t(a)\ta public or local authority constituted by or under an Act of this State, another State or the Commonwealth; or\n\t(b)\ta government department of this State, another State or the Commonwealth; or\n\t(c)\ta statutory body representing the Crown in right of this State, another State or the Commonwealth,\nand includes a person performing a function on behalf of the authority, department or body;\nqualification period means the qualification period that applies under section 7;\nqualified magistrate—see section 6A;\nquashed—a conviction is quashed if—\n\t(a)\tthe conviction is quashed or set aside; or\n\t(b)\ta finding of guilt, or a finding that a charge has been proved, is quashed or set aside;\nrecognised jurisdiction—if a law of another State or of the Commonwealth has been declared by the regulations to be a corresponding law, then that State or the Commonwealth (as the case requires) is a recognised jurisdiction;\nsecurity has the same meaning as in the Australian Security Intelligence Organisation Act 1979 of the Commonwealth;\nsex offence means an offence prescribed as a sex offence for the purposes of this definition;\nspent, for a conviction—see section 4;\nState includes Territory;\nthis jurisdiction means South Australia;\ntribunal means a tribunal constituted by law;\nwork includes the following:\n\t(a)\twork—\n\t(i)\tunder a contract of employment or contract for services; or\n\t(ii)\tin a leadership role in a religious institution or as part of the duties of a religious vocation; or\n\t(iii)\tas an officer of a body corporate, member of the committee of management of an unincorporated body or association or member of a partnership; or\n\t(iv)\tas a volunteer, other than unpaid work engaged in for a private or domestic purpose; or\n\t(v)\tas a self‑employed person;\n\t(b)\tpractical training as part of a course of education or vocational training;\n\t(c)\tacting in a prescribed capacity or engaging in a prescribed activity.\n\t(2)\tIf—\n\t(a)\ta person is convicted by a court of a number of offences; and\n\t(b)\tthe sentencing court imposes 1 penalty for some or all of the offences,\nthe penalty so imposed will be taken to apply in relation to each offence for the purpose of determining whether a particular offence is an eligible adult offence or an eligible juvenile offence under subsection (1).\n\t(3)\tIn this Act, a reference to a sentence of imprisonment extends to—\n\t(a)\ta period of detention under the Young Offenders Act 1993;\n\t(b)\ta sentence of imprisonment or a period of detention that has been suspended (in whole or in part);\n\t(c)\ta period of detention under section 57 of the Sentencing Act 2017;\n\t(d)\twhere a court has made a finding of a kind referred to in subsection (5)(c) and a limiting term is fixed under section 269O(2) of the Criminal Law Consolidation Act 1935, or a term of an equivalent nature is fixed under a law of another jurisdiction—that limiting term or that term of an equivalent nature (as the case may be).\n\t(4)\tIn this Act, a reference to a conviction that is spent includes a reference to the charge to which the spent conviction related and any investigation or legal process associated with the offence or the conviction.\n\t(5)\tThe following findings are treated as convictions for the purposes of this Act:\n\t(a)\ta formal finding of guilt by a court;\n\t(b)\ta finding by a court that an offence has been proved;\n\t(c)\ta finding by a court that the objective elements of an offence are established in proceedings under Part 8A of the Criminal Law Consolidation Act 1935 or a law of any other jurisdiction in which the defendant was found to be mentally incompetent to commit the offence or unfit to stand trial for the offence.\n\t(6)\tFor the purposes of this Act, if an offence is taken into account for the purposes of sentencing for another offence or offences, it will be taken that there is a conviction for that offence (and that the conviction is capable of being spent).\n\t(7)\tThe mutual recognition principle is as follows:\n\t(a)\ta conviction for an offence against a law of a recognised jurisdiction that is spent under the corresponding law of that jurisdiction will be taken to be spent for the purposes of Part 3 and Part 4; and\n\t(b)\ta conviction for an offence against a law of a recognised jurisdiction that is not spent (or has ceased to be spent) under the corresponding law of that jurisdiction will be taken not to be spent for the purposes of Part 3 and Part 4.\n\t(8)\tFor the purposes of the definition of designated sex-related offence—\n\t(a)\ta person will not be taken to have engaged in an activity with his or her consent if the person would not be taken to have freely and voluntarily agreed to the activity under section 46 of the Criminal Law Consolidation Act 1935; and\n\t(b)\ta person is in a position of authority in relation to another person if they would be in a position of authority in relation to the person under section 49(5a) of the Criminal Law Consolidation Act 1935.\n4—Meaning of spent conviction\n\t(1)\tFor the purposes of this Act, the conviction of a person for an offence is spent if—\n\t(a)\tthe conviction is spent under Part 2; or\n\t(b)\tthe conviction is quashed; or\n\t(c)\tthe person is granted a pardon for the offence.\n\t(1a)\tIn addition, if—\n\t(a)\ta finding is treated as a conviction under section 3(5); but\n\t(b)\t—\n\t(i)\tin the case of a finding referred to in section 3(5)(a) and (b)—no conviction is recorded against the person; or\n\t(ii)\tin the case of a finding referred to in section 3(5)(c)—the defendant is released unconditionally,\nthen the finding, as constituting a conviction for the purposes of this Act, will be taken to be immediately spent.\n\t(2)\tThis section applies subject to the operation of section 6.\n5—Scope of Act\n\t(1)\tThe following convictions (and no other convictions) are capable of becoming spent under this Act:\n\t(a)\ta conviction for an eligible adult offence;\n\t(b)\ta conviction for an eligible juvenile offence;\n\t(c)\ta conviction for a designated sex‑related offence;\n\t(d)\ta conviction for a prescribed public decency offence.\n\t(2)\tHowever, the following convictions cannot become spent under this Act:\n\t(a)\ta conviction of a body corporate;\n\t(b)\ta conviction for a sex offence unless the offence is an eligible sex offence or a designated sex‑related offence;\n\t(c)\ta conviction of a class prescribed by the regulations.\n\t(3)\tA regulation made under subsection (2)(c) does not affect a conviction that has already become spent under this Act.\n\t(4)\tNothing in this Act affects—\n\t(a)\tthe enforcement of any process or proceedings relating to any fine or other sum imposed with respect to a spent conviction; or\n\t(b)\tany process or proceedings in respect of a breach of a condition or requirement applicable to a sentence imposed in respect of a spent conviction; or\n\t(c)\tthe operation of any disqualification, disability or other prohibition imposed in respect of or on account of a spent conviction; or\n\t(d)\tthe imposition or accumulation of demerit points; or\n\t(e)\tthe exercise of any other enforcement power or the institution or undertaking of any other processes or proceedings by a justice agency.\n\t(5)\tNothing in this Act affects a claim (or any proceedings arising from a claim) for compensation (including statutory compensation) for injury, loss or damage caused by an offence.\n\t(6)\tThis section applies subject to the operation of section 6.\n6—Application of Act\n\t(1)\tThis Act applies to convictions for offences against the laws of this State and convictions for offences against any other law.\n\t(2)\tIn the case of convictions for offences against the laws of a recognised jurisdiction, the mutual recognition principle applies.\n\t(3)\tIn the case of convictions for offences against the laws of any other jurisdiction (including the laws of an overseas jurisdiction), this Act applies with the changes necessary to enable its provisions to apply to those convictions in a way that corresponds as closely as possible to the way in which it applies to convictions for offences against the laws of this jurisdiction.\n\t(4)\tHowever, if an offence against the laws of another jurisdiction (including the laws of an overseas jurisdiction), other than a recognised jurisdiction, has no correspondence to an offence against a law of this jurisdiction, then the conviction of the person for the offence is immediately spent for the purposes of this Act.\n\t(5)\tThis Act applies to convictions for offences whether such convictions occurred before or after the commencement of this Act.\n6A—Qualified magistrates\n\t(1)\tFor the purposes of this Act, a qualified magistrate is a magistrate in relation to whom a consent is in force under subsection (2) and who has been approved by the Chief Magistrate to act as a qualified magistrate in accordance with subsection (3).\n\t(2)\tA magistrate may, by instrument in writing, consent to acting as a qualified magistrate under this Act.\n\t(3)\tThe Chief Magistrate may, by instrument in writing, approve a magistrate in relation to whom a consent is in force under subsection (2) to act as a qualified magistrate under this Act.\n\t(4)\tA qualified magistrate has, in relation to the exercise of a function conferred on a qualified magistrate by this Act, the same protection, privileges and immunities as a magistrate has in relation to proceedings in the Magistrates Court of South Australia.\n\t(5)\tA magistrate who has given consent under subsection (2) may, by instrument in writing, revoke the consent.\n\t(6)\tAn approval of a magistrate to act as a qualified magistrate under subsection (3) is revoked if—\n\t(a)\tthe qualified magistrate revokes his or her consent in accordance with subsection (5) or ceases to be a magistrate; or\n\t(b)\tthe Chief Magistrate determines that the magistrate should not continue to be a qualified magistrate.\nPart 2—Requirements for a conviction to become spent\n7—Determination of qualification period\n\t(1)\tSubject to this Act, the qualification period for the conviction of a person for an offence is—\n\t(a)\tin the case of an eligible juvenile offence, other than where the person was dealt with as an adult—5 consecutive years; or\n\t(b)\tin any other case—10 consecutive years,\nfrom the relevant day for the conviction for the offence.\n\t(2)\tIf during the qualification period for a conviction (the first conviction) the person is convicted of another offence (the second conviction), the time that has run as part of the qualification period for the first conviction is cancelled and the relevant day for the second conviction becomes a new relevant day for the first conviction (and a conviction for a third offence within the period that then applies will have a corresponding effect on the first and second convictions, and so on for any subsequent conviction or convictions).\n\t(3)\tIn addition—\n\t(a)\tif at the end of a period that applies under subsection (1) or (2) the person is a registrable offender under the Child Sex Offenders Registration Act 2006 who is subject to reporting obligations imposed by Part 3 of that Act, the qualification period is extended so as to expire when or if those reporting obligations cease or are suspended under that Part; and\n\t(b)\tif during the period of extension that applies under paragraph (a) the person is convicted of another offence, the conviction has the same effect on any previous conviction that is subject to the period of extension that a second or subsequent conviction has on a previous conviction or convictions under subsection (2).\n\t(4)\tFor the purposes of subsections (2) and (3)(b), a conviction for a second or subsequent offence will be disregarded if—\n\t(a)\tthe offence is a minor offence (including in a case where the conviction with respect to the minor offence is constituted by a finding under section 3(5)); or\n\t(b)\tthe conviction is quashed; or\n\t(c)\tthe convicted person is granted a pardon.\n\t(5)\tA period under a preceding subsection may commence before the commencement of this Act and, in such a case, the qualification period will be completed—\n\t(a)\ton the commencement of this Act; or\n\t(b)\ton the day on which the qualification period would have been completed if this Act had been in force continuously since the day of the relevant conviction,\nwhichever is the later.\n\t(6)\tFor the purposes of this section—\n\t(a)\tthe relevant day for the conviction for an offence is the day on which the person is convicted; and\n\t(b)\ta reference to a conviction for an offence does not extend to a conviction for an offence against a law of another jurisdiction (including the laws of an overseas jurisdiction), other than a recognised jurisdiction, that has no correspondence to an offence against a law of this jurisdiction.\n8—Spent conviction—general provision\n\t(1)\tA conviction for an offence, other than a sex offence, is spent on completion of the qualification period for the conviction.\n\t(2)\tSubsection (1) operates subject to section 4(1a).\n8A—Spent conviction for eligible sex offence\n\t(1)\tA conviction for an eligible sex offence is spent if, on application by the convicted person in accordance with the regulations, a qualified magistrate makes an order that the conviction is spent.\n\t(2)\tAn application for an order under this section in respect of a conviction—\n\t(a)\tmay not be made until the completion of the qualification period for the conviction; and\n\t(b)\tmay not be made if a qualified magistrate has refused to make an order under this section in respect of the same conviction within the preceding 2 years.\n\t(3)\tAn application under this section may not be made in respect of a conviction for an offence against the laws of another jurisdiction.\n\t(4)\tSchedule 2 applies to an application under this section and to proceedings on an application.\n\t(5)\tThe making of an order under this section is at the discretion of the qualified magistrate and that discretion will be exercised having regard to—\n\t(a)\tthe nature, circumstances and seriousness of the offence; and\n\t(b)\tif a victim impact statement was furnished to the sentencing court in connection with the sentencing of the applicant for the offence (and that statement is available to the qualified magistrate)—anything referred to in that statement; and\n\t(c)\tany penalty imposed, and any other order or requirement made or imposed by a court, in relation to the offence; and\n\t(d)\tthe length of time since the conviction; and\n\t(e)\tall the circumstances of the applicant, including the circumstances of the applicant at the time of the commission of the offence and at the time of the application and whether the applicant appears to have rehabilitated and to be of good character; and\n\t(f)\twhether the spending of the conviction and the non‑disclosure of the offence to other persons by operation of an order under this section might present a risk to the public (and, if so, the extent of that risk); and\n\t(g)\twhether there is any other public interest served in not making the order; and\n\t(h)\tany other matter considered relevant by the qualified magistrate.\n8B—Spent conviction for designated sex‑related offence\n\t(1)\tA conviction for a designated sex‑related offence is spent if, on application in accordance with the regulations, a qualified magistrate makes an order in accordance with subsection (5) that the conviction is spent.\n\t(2)\tThe following persons may apply for an order under this section:\n\t(a)\tthe convicted person;\n\t(b)\ta person specified in Schedule 2 clause 1A, in the circumstances specified.\n\t(3)\tAn application under this section may not be made in respect of a conviction for an offence against the laws of another jurisdiction.\n\t(4)\tSchedule 2 applies to an application under this section and to proceedings on an application.\n\t(5)\tA qualified magistrate must make an order that a conviction for an offence is spent if satisfied that—\n\t(a)\tthe offence is a designated sex‑related offence; and\n\t(b)\tthe conduct engaged in by the convicted person or constituting the offence would not, at the time the application is considered, constitute an offence under the law of the State.\n\t(6)\tIn considering matters in subsection (5)(b) relating to an offence that falls within the ambit of paragraph (c) or (d) of the definition of designated sex‑related offence (or an offence of attempting, or of conspiracy or incitement, to commit such an offence), the qualified magistrate must have regard to—\n\t(a)\twhether any person involved in the conduct that was the subject of the conviction did or did not consent to the conduct; and\n\t(b)\tthe ages and respective ages of any persons involved in the conduct that was the subject of the conviction; and\n\t(c)\tany other matter the qualified magistrate reasonably considers relevant in the circumstances.\n8C—Spent conviction for prescribed public decency offence\n\t(1)\tA conviction for a prescribed public decency offence is spent if, on application in accordance with the regulations, a qualified magistrate makes an order in accordance with subsection (6) that the conviction is spent.\n\t(2)\tThe following persons may apply for an order under this section:\n\t(a)\tthe convicted person;\n\t(b)\ta person specified in Schedule 2 clause 1A, in the circumstances specified.\n\t(3)\tAn application under this section may not be made in respect of a conviction for an offence against the laws of another jurisdiction.\n\t(4)\tAn application for an order under this section may be made irrespective of whether the conviction the subject of the application has been spent under section 8.\n\t(5)\tSchedule 2 applies to an application under this section and to proceedings on an application.\n\t(6)\tA qualified magistrate must make an order that a conviction for an offence is spent if satisfied that—\n\t(a)\tthe offence is a prescribed public decency offence; and\n\t(b)\tthe convicted person would not have been charged with the offence but for the fact that the conduct engaged in by the person or constituting the offence was suspected of being, or being connected to, homosexual activity; and\n\t(c)\tthe conduct engaged in by the convicted person or constituting the offence would not, at the time the application is considered, constitute an offence under the law of the State.\n\t(7)\tDespite the fact that a conviction for a prescribed public decency offence may be spent under section 8, the qualified magistrate may make an order under subsection (6) that the conviction is spent under this section and, accordingly, the order applies for the purposes of Schedule 1 clause a1(1)(c).\n\t(8)\tIn considering matters in subsection (6)(c), the qualified magistrate must have regard to the following:\n\t(a)\twhether any person involved in the conduct that was the subject of the conviction did or did not consent to the conduct;\n\t(b)\tthe ages and respective ages of any persons involved in the conduct that was the subject of the conviction;\n\t(c)\tany other matter the qualified magistrate reasonably considers relevant in the circumstances.\n9—Subsequent conviction after conviction becomes spent\n\t(1)\tA conviction of a person for an offence (the first offence) that is spent is not revived by the subsequent conviction of the person for another offence (the later offence).\n\t(2)\tHowever, if—\n\t(a)\tthe later offence was committed during the qualification period for the first offence; and\n\t(b)\tthe later offence is an offence for which a conviction during the qualification period for the first offence would have resulted in the cancellation of the time that had already run as part of the qualification period under section 7(2) or (3)(b),\nthe first offence will cease to be treated as a spent conviction under this Act while the qualification period for the later offence is running.\nPart 3—Effect of a conviction becoming spent\nDivision 1—General provisions\n10—Ability to disregard spent convictions\nIf a conviction of a person is spent—\n\t(a)\ta question about the person's criminal history is taken not to refer to the spent conviction, but to refer only to any of the person's convictions that are not spent; and\n\t(b)\tthe person is not required to disclose to any other person for any purpose information concerning the spent conviction; and\n\t(c)\tin the application to the person of an Act, statutory instrument, agreement or arrangement—\n\t(i)\ta reference to a conviction, however expressed, is taken not to refer to the spent conviction; and\n\t(ii)\ta reference to the person's character or fitness, however expressed, is not to be taken as allowing or requiring account to be taken of the spent conviction; and\n\t(d)\tthe spent conviction, or the non‑disclosure of the spent conviction, is not a proper ground for—\n\t(i)\trefusing the person any appointment, post, status or privilege; or\n\t(ii)\trevoking any appointment, status or privilege held by the person, or dismissing the person from any post.\n11—Unlawful disclosures—public records\n\t(1)\tA person is guilty of an offence if—\n\t(a)\tthe person has access to records of convictions kept by or on behalf of a public authority; and\n\t(b)\tthe person discloses information about a spent conviction that the person has gained on account of that access; and\n\t(c)\tthe person knew, or ought reasonably have known, at the time of the disclosure, that the information was about a spent conviction.\nMaximum penalty: $10 000.\n\t(2)\tIt is a defence to a charge for an offence against subsection (1) to prove—\n\t(a)\tthat the disclosure was made with the consent of the person whose conviction is spent; or\n\t(b)\tthat—\n\t(i)\tthe person who made the disclosure believed in good faith that the disclosure was within the ambit of an exclusion from the operation of this section under Schedule 1; and\n\t(ii)\tthe disclosure occurred in circumstances where steps had been taken to avoid any breach of subsection (1) by putting in place any systems or safeguards that might reasonably be expected to be provided.\n12—Unlawful disclosures—business activities\n\t(1)\tA person is guilty of an offence if—\n\t(a)\tthe person, in the course of carrying on a business that includes or involves the provision of information about convictions for offences, discloses information about a spent conviction; and\n\t(b)\tthe person knew, or ought reasonably have known, at the time of the disclosure, that the information was about a spent conviction.\nMaximum penalty: $10 000.\n\t(2)\tIt is a defence to a charge for an offence against subsection (1) to prove—\n\t(a)\tthat the disclosure forms part of the ongoing disclosure of the information in materials or in a manner that cannot be reasonably altered to remove information about the spent conviction; and\n\t(b)\tthat the disclosure of the information commenced before the conviction became a spent conviction.\nDivision 2—Exclusions\n13—Exclusions\n\t(1)\tSchedule 1 sets out exclusions from the operation of Division 1.\n13A—Exclusions may not apply\n\t(1)\tA person in relation to whom a conviction for an offence is spent may apply to a qualified magistrate for an order that 1 or more of clauses 7 and 8 of Schedule 1 do not apply in relation to the offence.\n\t(2)\tAn application under this section must be made in accordance with the regulations.\n\t(3)\tAn application for an order under this section in relation to an offence may not be made if a qualified magistrate has refused to make an order under this section in relation to the same offence within the preceding 2 years.\n\t(4)\tAn application under this section may not be made in respect of a conviction for an offence against the laws of another jurisdiction.\n\t(5)\tSchedule 2 applies to an application under this section and to proceedings on an application.\n\t(6)\tThe making of an order under this section is at the discretion of the qualified magistrate and that discretion will be exercised having regard to—\n\t(a)\tthe nature, circumstances and seriousness of the offence; and\n\t(c)\tin the case of an application that relates to clause 7 of Schedule 1—if the offence involved a vulnerable person or persons; and\n\t(d)\tif a victim impact statement was furnished to the sentencing court in connection with the sentencing of the applicant for the offence (and that statement is available to the qualified magistrate)—anything referred to in that statement; and\n\t(e)\tany penalty imposed, and any other order or requirement made or imposed by a court, in relation to the offence; and\n\t(f)\tall the circumstances of the applicant, including the circumstances of the applicant at the time of the commission of the offence and at the time of the application and whether the applicant appears to have rehabilitated and to be of good character; and\n\t(g)\twhether the removal of the exclusion by operation of an order under this section might present a risk to children, vulnerable persons or the public more generally (and, if so, the extent of that risk); and\n\t(h)\twhether there is any public interest served in not making the order; and\n\t(i)\tany other matter considered relevant by the qualified magistrate.\n\t(7)\tAn order under this section will have effect according to its terms.\n\t(8)\tAn order under this section does not limit the operation of clause 9A of Schedule 1 in any respect.\nPart 4—Miscellaneous\n14—Improperly obtaining information about spent convictions\nA person must not fraudulently or dishonestly obtain information about a spent conviction from records of convictions kept by or on behalf of a public authority.\nMaximum penalty: $10 000.\n15—Prerogative of mercy not affected\nThis Act does not affect the exercise of the Royal prerogative of mercy.\n16—Act does not authorise destruction of records\nThis Act does not authorise or require the destruction by or on behalf of a public authority of a record relating to a spent conviction, a quashed conviction or a pardon.\n17—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tThe regulations may—\n\t(a)\tbe of general or limited application;\n\t(b)\tvary according to the persons, times, places or circumstances to which they are expressed to apply.\nSchedule 1—Exclusions\na1—Application of exclusions\n\t(1)\tAn exclusion set out in a clause of this Schedule—\n\t(a)\tdoes not apply in relation to an offence if the conviction has been quashed and the person has been granted a pardon for the offence, except—\n\t(i)\tin relation to the operation of clause 9A; or\n\t(ii)\tas may be prescribed by the regulations;\n\t(b)\tdoes not apply in relation to a designated sex‑related offence in relation to which an order has been made under section 8B, except as may be prescribed by the regulations;\n\t(c)\tdoes not apply in relation to a prescribed public decency offence in relation to which an order has been made under section 8C, except as may be prescribed by the regulations.\n\t(2)\tAn exclusion under clause 7 or 8 does not apply in relation to an offence committed by a particular person if a qualified magistrate has made an order to that effect under section 13A.\n\t(4)\tThe regulations may provide that an exclusion set out in a clause of this Schedule does not apply in relation to a finding (as constituting a conviction for the purposes of this Act) that is taken to be immediately spent under section 4(1a).\n1—Justice agencies\n\t(1)\tPart 3 Division 1 does not apply to the performance of a function or the exercise of a power by—\n\t(a)\ta justice agency; or\n\t(b)\ta person who is acting as a member, officer, employee, agent or contractor of a justice agency.\n\t(2)\tPart 3 Division 1 does not apply if the disclosure is made, or to be made, to or is made by—\n\t(a)\ta justice agency; or\n\t(b)\ta person who is acting as a member, officer, employee, agent or contractor of a justice agency.\n\t(3)\tPart 3 Division 1 does not apply if a disclosure is made, or to be made, to or is made by a justice agency for the purposes of assessing—\n\t(a)\tprospective employees or prospective members of the agency; or\n\t(b)\tpersons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency.\n2—Commonwealth agencies\nPart 3 Division 1 does not apply if a disclosure is made, or to be made, to or is made by—\n\t(a)\tan intelligence or security agency, for the purpose of assessing—\n\t(i)\tprospective employees or prospective members of the agency; or\n\t(ii)\tpersons proposed to be engaged as consultants to, or to perform services for, the agency or a member of the agency; or\n\t(b)\ta Commonwealth authority, for the purpose of assessing appointees or prospective appointees to a designated Commonwealth position; or\n\t(c)\ta person who makes a decision under the Migration Act 1958 of the Commonwealth, the Australian Citizenship Act 2007 of the Commonwealth or the Immigration Act 1980 of the Territory of Norfolk Island, for the purpose of making that decision; or\n\t(d)\tAUSTRAC, for the purpose of assessing—\n\t(i)\tprospective members of the staff of AUSTRAC; or\n\t(ii)\tpersons proposed to be engaged as consultants under subsection 225(1) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth; or\n\t(iii)\tpersons whose services are proposed to be made available to AUSTRAC under subsection 225(3) of that Act; or\n\t(e)\ta person or body, for the purpose of instituting or conducting proceedings for any offence.\n3—Designated judicial authorities\n\t(1)\tPart 3 Division 1 does not apply in connection with proceedings before, or the making of any decision by, a designated judicial authority (including any proceedings associated with jury selection or service or otherwise with respect to the operation of a jury, a decision concerning sentencing, or a decision concerning the granting of bail).\n\t(2)\tHowever, a designated judicial authority before which evidence of a spent conviction is admitted must take such steps as are, in the opinion of the designated judicial entity, appropriate to avoid or minimise publication of the evidence.\n4—Parole Board\nPart 3 Division 1 does not apply in connection with proceedings before, or the making of any decision by, the Parole Board.\n5—Judicial and associated officers\nPart 3 Division 1 does not apply in relation to an assessment of the suitability of a person appointed, or being considered for appointment—\n\t(a)\tas a judge, magistrate or justice of the peace; or\n\t(b)\tas a member of a court or tribunal prescribed by the regulations for the purposes of this paragraph.\n6—Care of children\n\t(1)\tPart 3 Division 1 does not apply in relation to—\n\t(a)\tany administrative, judicial or other inquiry into, or assessment of, the fitness of a person to have the guardianship or custody of a child, or access to a child; or\n\t(b)\tany assessment of the fitness of a person undertaking, or seeking to undertake, (including without any fee or reward) work or any other activity that directly involves—\n\t(i)\tthe care, control, supervision or instruction of children; or\n\t(ii)\totherwise working in close proximity with children on a regular basis; or\n\t(c)\tany assessment of the fitness of a person undertaking, or seeking to undertake, (including without any fee or reward) work or any other activity that directly involves acting as an advocate for children in legal proceedings; or\n\t(d)\twithout limiting a preceding paragraph, a disclosure required or permitted by or under another law (including a law of another jurisdiction (including a law of an overseas jurisdiction)) in relation to a person who works, or who is seeking to work, with children; or\n\t(e)\tany—\n\t(i)\tdisciplinary or fitness inquiry or investigation; or\n\t(ii)\tenforcement action or proceedings (including for the suspension or cancellation of a registration, licence, accreditation or other authorisation or authority),\nassociated with a person within a preceding paragraph.\n\t(2)\tThis clause extends to cases involving circumstances arising outside this jurisdiction.\n7—Care of vulnerable people\n\t(1)\tPart 3 Division 1 does not apply in relation to—\n\t(a)\tany administrative, judicial or other inquiry into, or assessment of, the fitness of a person to have the guardianship of an aged person or persons with a disability (including an intellectual disability), illness or impairment; or\n\t(b)\tany assessment of the fitness of a person undertaking, or seeking to undertake, (including without any fee or reward) work or any other activity that directly involves—\n\t(i)\tthe care of aged persons or persons with a disability (including an intellectual disability), illness or impairment in legal proceedings; or\n\t(ii)\totherwise working in close proximity with aged persons or persons with a disability (including an intellectual disability), illness or impairment; or\n\t(c)\tany assessment of the fitness of a person undertaking, or seeking to undertake, (including without any fee or reward) work or any other activity that directly involves acting as an advocate for aged persons or persons with a disability (including an intellectual disability), illness or impairment in legal proceedings; or\n\t(d)\tany—\n\t(i)\tdisciplinary or fitness inquiry or investigation; or\n\t(ii)\tenforcement action or proceedings (including for the suspension or cancellation of a registration, licence, accreditation or other authorisation or authority),\nassociated with a person within a preceding paragraph.\n\t(2)\tThis clause extends to cases involving circumstances arising outside this jurisdiction.\n8—Activities associated with a character test\n\t(1)\tPart 3 Division 1 does not apply in relation to—\n\t(a)\tany assessment of whether a person who, pursuant to statute, has obtained, or is seeking, registration or enrolment, or a licence, accreditation or other authorisation or authority, in or in relation to an occupation, profession, position or activity, is a fit and proper person or a person of good character; or\n\t(b)\tany—\n\t(i)\tdisciplinary or fitness inquiry or investigation; or\n\t(ii)\tenforcement action or proceedings (including for the suspension or cancellation of a registration, licence, accreditation or other authorisation or authority),\nassociated with a person within the preceding paragraph.\n\t(2)\tThis clause extends to cases involving circumstances arising outside this jurisdiction.\n9—Firefighting, police and correctional services\n\t(1)\tPart 3 Division 1 does not apply in relation to a disclosure to an authority concerned with the prevention or fighting of fires about a conviction that relates to the setting or lighting of a fire.\n\t(2)\tPart 3 Division 1 does not apply in relation to a person employed, or seeking employment, as a police officer.\n\t(3)\tPart 3 Division 1 does not apply in relation to a person employed in, or seeking employment in, an office or position involving duties connected with the punishment, probation or paroling of offenders.\n9A—Screening units\n\t(1)\tPart 3 Division 1 does not apply—\n\t(a)\tto the performance of a function or the exercise of a power by a prescribed screening unit in prescribed circumstances; or\n\t(b)\tin relation to an entity acting in prescribed circumstances on the basis of information furnished by a prescribed screening unit.\n\t(2)\tHowever, if a prescribed screening unit is in possession of information relating to—\n\t(a)\ta conviction that has been quashed, or in relation to which the person has been granted a pardon for the offence; or\n\t(b)\ta conviction that is constituted by a finding that is to be treated as a conviction under section 3(5) and that is taken to be spent under section 4(1a); or\n\t(c)\ta conviction for an offence in relation to which an order has been made under section 13A,\nthe exclusion constituted under subclause (1) will not apply unless the prescribed screening unit is satisfied that there are good reasons for the exclusion to have effect under this Act.\n\t(3)\tIn acting under subclause (2)—\n\t(a)\tthe prescribed screening unit must, when considering whether good reasons exist for the purposes of that subclause, give strong weight to the fact that the conviction or circumstances relate to—\n\t(i)\ta conviction that no longer applies in relation to the person (in the case of a quashed conviction or pardon); or\n\t(ii)\tcircumstances that did not lead to an actual conviction (in the case of circumstances to which section 3(5) applies); or\n\t(iii)\tcircumstances where a qualified magistrate has been willing to make an order under section 13A,\nas the case may be; and\n\t(b)\tif the prescribed screening unit decides that there are good reasons for the exclusion to have effect, the prescribed screening unit must provide reasons in accordance with the regulations.\n\t(4)\tIn this clause—\nprescribed screening unit means an entity (including an entity constituted under, or for the purposes of, a law of another jurisdiction) prescribed by the regulations for the purposes of this definition.\n10—Official records\nPart 3 Division 1 does not apply in relation to a disclosure or a disclosure of information where the disclosure is made, in the course of official duties, by a person who has custody of or access to an official record.\n11—Archives and libraries\nPart 3 Division 1 does not apply to an archive or library (or a person acting in the performance of a function of an archive or library) in accordance with the normal procedures of the archive or library.\n12—Reports and authorised publications\nPart 3 Division 1 does not apply in relation to a disclosure—\n\t(a)\tmade in the ordinary course of the preparation, publication or use of a textbook, report, article or collection of material published for historical, educational, scientific or professional purposes, or in the ordinary course of any lecture, class or discussion given or held for any such purpose; or\n\t(b)\tmade in connection with the preparation, publication or use of a genuine series of law reports on proceedings in courts or tribunals; or\n\t(c)\tmade in connection with the preparation, publication or use of the official records of a court or tribunal.\n13—Non-identifying information\nPart 3 Division 1 does not apply if a disclosure does not contain any information that would tend to identify the convicted person.\n14—Prescribed exclusions\nThe regulations may prescribe other exclusions from the operation of section 10, 11 or 12.\nSchedule 2—Provisions relating to proceedings before a qualified magistrate\n1—Interpretation\nIn this Schedule—\nexemption order means an order under section 13A;\nprescribed order means an exemption order or a spent convictions order;\nspent conviction order means an order under section 8A, 8B or 8C.\n1A—Application for a spent conviction order—designated sex‑related offences and prescribed public decency offences\n\t(1)\tThe following persons, in addition to a convicted person, may apply for a spent conviction order to be made in respect of a conviction for a designated sex‑related offence or a prescribed public decency offence:\n\t(a)\tif the convicted person is a person with a mental incapacity—\n\t(i)\tthe convicted person's spouse or domestic partner; or\n\t(ii)\tan adult who is a sibling or child of the convicted person; or\n\t(iii)\ta person appointed as a guardian of the convicted person; or\n\t(iv)\tany other person a qualified magistrate considers to be an appropriate person to make an application in the circumstances of the particular case;\n\t(b)\tif the convicted person is deceased—\n\t(i)\tthe person who was the convicted person's spouse or domestic partner at the time of death; or\n\t(ii)\tan adult who is a sibling or child of the convicted person; or\n\t(iii)\tthe executor or administrator of the convicted person's estate; or\n\t(iv)\tany other person a qualified magistrate considers to be an appropriate person to make an application in the circumstances of the particular case.\n\t(2)\tFor the purposes of this section, a person is, on a certain date, the domestic partner of another if—\n\t(a)\tthe person is, on that date, in a registered relationship with the other; or\n\t(b)\tthe person is, on that date, living with the other in a close personal relationship.\n\t(3)\tIn this section—\nclose personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their sex or gender identity) who live together as a couple on a genuine domestic basis, but does not include a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;\nmental incapacity means the inability of a person to look after the person's own health, safety or welfare or to manage the person's own affairs, as a result of—\n\t(a)\tany damage to, or any illness, disorder, imperfect or delayed development, impairment or deterioration of, the brain or mind; or \n\t(b)\tany physical illness or condition that renders the person unable to communicate the person's intentions or wishes in any manner whatsoever;\nregistered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act.\n2—Extent of application\n\t(1)\tAn application for an exemption order may relate to more than 1 relevant clause under Schedule 1 and be made in relation to more than 1 offence.\n\t(2)\tAn application for a spent conviction order may be made in relation to more than 1 conviction.\n\t(3)\tAn application for an exemption order and an application for a spent conviction order made by the same person may be heard jointly.\n3—Notice of application\n\t(1)\tThe Attorney‑General and the Commissioner of Police—\n\t(a)\tmust each be served with a copy of an application for a prescribed order; and\n\t(b)\tmay each intervene in the proceedings relating to an application for a prescribed order and, in so doing, be represented at a hearing of the application.\n\t(2)\tIn addition, in the case of an application for an exemption order that relates to clause 7 of Schedule 1, the designated Minister—\n\t(a)\tmust be served with a copy of the application; and\n\t(b)\tmay intervene in the proceedings relating to the application and, in so doing, be represented at a hearing of the application.\n\t(3)\tIn this clause—\ndesignated Minister means—\n\t(b)\tin relation to an application for an exemption order that relates to clause 7 of Schedule 1—the Minister for Disabilities;\nMinister for Children's Protection means the Minister who has portfolio responsibility for the office within the public service that is primarily concerned with undertaking working with children checks under the Child Safety (Prohibited Persons) Act 2016;\nMinister for Disabilities means the Minister who has portfolio responsibility for matters associated with the interests of persons with a disability.\n4—Conduct of proceedings\n\t(1)\tAn application for a prescribed order must be heard in private unless the applicant consents to the hearing being in public or the qualified magistrate considers that, in the circumstances of the case, the hearing should be in public.\n\t(2)\tIf a hearing is held in private, the qualified magistrate may give directions as to who may be present.\n\t(3)\tIf a hearing is held in public, the qualified magistrate may order that there must not be published by any means any particulars likely to lead to the identification of the convicted person.\n5—Principles governing hearings\n\t(1)\tIn any proceedings for a prescribed order—\n\t(a)\tthe qualified magistrate is not bound by the rules of evidence but may inform himself or herself as the qualified magistrate thinks fit; and\n\t(b)\tthe qualified magistrate must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.\n\t(2)\tWithout limiting subclause (1) and despite any other clause, but subject to subclause (3), a qualified magistrate may, if he or she thinks it appropriate, conduct all or part of any proceedings entirely on the basis of documents without the applicant or any representative attending or participating in a hearing.\n\t(3)\tSubclause (2) does not apply if the Attorney‑General or another Minister, or the Commissioner of Police, has intervened in the proceedings.\n\t(4)\tA qualified magistrate may, if satisfied that an application for a prescribed order is vexatious, misconceived or lacking in substance, dismiss the application without holding a hearing.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2009\n72\nSpent Convictions Act 2009\n10.12.2009\n13.2.2011 (Gazette 10.2.2011 p459)\n2013\n2\nSpent Convictions (Miscellaneous) Amendment Act 2013\n14.2.2013\n5.5.2013 (Gazette 2.5.2013 p1391)\n2013\n11\nStatutes Amendment (Attorney-General's Portfolio) Act 2013\n18.4.2013\nPt 10 (s 23)—5.5.2013 immediately after 2/2013 (Gazette 2.5.2013 p1391)\n2013\n87\nStatutes Amendment (Assessment of Relevant History) Act 2013\n5.12.2013\nPt 4 (ss 10—12)—16.2.2014 (Gazette 13.2.2014 p887)\n2013\n88\nSpent Convictions (Decriminalised Offences) Amendment Act 2013\n5.12.2013\n22.12.2013 (Gazette 19.12.2013 p4927)\n2017\n35\nStatutes Amendment (National Policing Information Systems and Services) Act 2017\n22.8.2017\nPt 5 (s 6)—22.8.2017\n2017\n53\nStatutes Amendment (Sentencing) Act 2017\n28.11.2017\nPt 19 (s 30)—30.4.2018 (Gazette 6.2.2018 p612)\n2017\n64\nChildren's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\n12.12.2017\nPt 18 (ss 126 to 128)—1.7.2019 (Gazette 17.1.2019 p93)\n2017\n70\nStatutes Amendment (Attorney-General's Portfolio No 3) Act 2017\n12.12.2017\nPt 12 (ss 28 to 30)—9.12.2019 (Gazette 31.10.2019 p3618)\n2019\n21\nStatutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019\n19.9.2019\nPt 14 (ss 21 & 22)—9.12.2019 immediately after Pt 12 of 70/2017: s 2(6)\n2020\n42\nSpent Convictions (Decriminalised Offences) Amendment Act 2020\n10.12.2020\n12.4.2021 (Gazette 8.4.2021 p1131)\n2024\n32\nSpent Convictions (Part 8A Findings) Amendment Act 2024\n19.9.2024\n1.2.2025 (Gazette 5.12.2024 p4545)\n2025\n9\nStatutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2025\n12.3.2025\nPt 10 (s 19)—12.3.2025: s 2(1)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 42/2020 s 4\n12.4.2021\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n5.5.2013\ns 3\n\n\ns 3(1)\n\n\ndesignated sex-related offence\ninserted by 88/2013 s 4(1)\n22.12.2013\n\namended by 42/2020 s 5(1)\n12.4.2021\neligible sex offence\ninserted by 2/2013 s 4(1)\n5.5.2013\n\nsubstituted by 88/2013 s 4(2)\n22.12.2013\n\nsubstituted by 42/2020 s 5(2)\n12.4.2021\njustice agency\n(e) deleted by 35/2017 s 6\n22.8.2017\n\namended by 9/2025 s 19\n12.3.2025\nprescribed public decency offence\ninserted by 42/2020 s 5(3)\n12.4.2021\nqualified magistrate\ninserted by 2/2013 s 4(2)\n5.5.2013\ns 3(3)\namended by 2/2013 s 4(3)\n5.5.2013\n\namended by 53/2017 s 30\n30.4.2018\n\namended by 32/2024 s 3(1)\n1.2.2025\ns 3(5)\namended by 32/2024 s 3(2)\n1.2.2025\ns 3(8)\ninserted by 88/2013 s 4(3)\n22.12.2013\ns 4\n\n\ns 4(1a)\ninserted by 2/2013 s 5\n5.5.2013\n\namended by 32/2024 s 4\n1.2.2025\ns 5\n\n\ns 5(1)\namended by 2/2013 s 6(1)\n5.5.2013\n\namended by 88/2013 s 5\n22.12.2013\n\namended by 42/2020 s 6(1)\n12.4.2021\ns 5(2)\namended by 2/2013 s 6(2)\n5.5.2013\n\namended by 42/2020 s 6(2)\n12.4.2021\ns 6A\ninserted by 2/2013 s 7\n5.5.2013\nPt 2\n\n\ns 7\n\n\ns 7(1)\namended by 2/2013 s 8\n5.5.2013\ns 8\n\n\ns 8(1)\ns 8 amended and redesignated as s 8(1) by 2/2013 s 9(1), (2)\n5.5.2013\ns 8(2)\ninserted by 2/2013 s 9(2)\n5.5.2013\ns 8A\ninserted by 2/2013 s 10\n5.5.2013\ns 8A(5)\namended by 88/2013 s 6(1)\n22.12.2013\n\namended by 42/2020 s 7(1)\n12.4.2021\ns 8A(6)\ninserted by 88/2013 s 6(2)\n22.12.2013\n\ndeleted by 42/2020 s 7(2)\n12.4.2021\nss 8B and 8C\ninserted by 42/2020 s 8\n12.4.2021\nPt 3\n\n\ns 13\n\n\ns 13(2)\namended by 2/2013 s 11(1)\n5.5.2013\n\ndeleted by 70/2017 s 28\n9.12.2019\ns 13(2a)\ninserted by 87/2013 s 10(1)\n16.2.2014\n\ndeleted by 70/2017 s 28\n9.12.2019\ns 13(3)\nsubstituted by 2/2013 s 11(2)\n5.5.2013\n\namended by 11/2013 s 23(1)\n5.5.2013\n\ndeleted by 70/2017 s 28\n9.12.2019\ns 13(3a)\ninserted by 11/2013 s 23(2)\n5.5.2013\n\namended by 87/2013 s 10(2)\n16.2.2014\n\ndeleted by 70/2017 s 28\n9.12.2019\ns 13(4)\ninserted by 2/2013 s 11(2)\n5.5.2013\n\namended by 64/2017 s 126\n1.7.2019\n\ndeleted by 70/2017 s 28\n9.12.2019\ns 13(5)\ninserted by 88/2013 s 7\n22.12.2013\n\ndeleted by 70/2017 s 28\n9.12.2019\ns 13A\ninserted by 2/2013 s 12\n5.5.2013\ns 13A(1)\namended by 64/2017 s 127(1)\n1.7.2019\ns 13A(1a)\ninserted by 70/2017 s 29(1)\n9.12.2019\n\ndeleted by 21/2019 s 21(1)\n9.12.2019\ns 13A(6)\n(b) deleted by 64/2017 s 127(2)\n1.7.2019\n\namended by 70/2017 s 29(2)\n9.12.2019\n\namended by 21/2019 s 21(2)\n9.12.2019\ns 13A(6a)\ninserted by 70/2017 s 29(3)\n9.12.2019\n\ndeleted by 21/2019 s 21(3)\n9.12.2019\ns 13A(8)\ninserted by 87/2013 s 11\n16.2.2014\ns 13A(9)\ninserted by 70/2017 s 29(4)\n9.12.2019\n\ndeleted by 21/2019 s 21(4)\n9.12.2019\nSch 1\n\n\ncl a1\ninserted by 70/2017 s 30\n9.12.2019\ncl a1(1)\nsubstituted by 21/2019 s 22(1)\n9.12.2019\n\namended by 42/2020 s 9(1), (2)\n12.4.2021\ncl a1(2)\namended by 21/2019 s 22(2), (3)\n9.12.2019\ncl a1(3)\ndeleted by 21/2019 s 22(4)\n9.12.2019\ncl 9A\ninserted by 87/2013 s 12\n16.2.2014\nSch 2\ninserted by 2/2013 s 13\n5.5.2013\ncl 1\n\n\nspent conviction order\namended by 42/2020 s 10(1)\n12.4.2021\ncl 1A\ninserted by 42/2020 s 10(2)\n12.4.2021\ncl 3\n\n\ncl 3(2)\namended by 64/2017 s 128(1)\n1.7.2019\ncl 3(3)\n\n\ndesignated Minister\n(a) deleted by 64/2017 s 128(2)\n1.7.2019\nMinister for Children's Protection\namended by 64/2017 s 128(3)\n1.7.2019\ncl 4\n\n\ncl 4(3)\namended by 42/2020 s 10(3)\n12.4.2021\nTransitional etc provisions associated with Act or amendments\nSpent Convictions (Part 8A Findings) Amendment Act 2024, Sch 1—Transitional provision\n1—Findings made before commencement\nSection 3(3)(d) and (5)(c) and section 4(1a)(b) of the Spent Convictions Act 2009 as in force after the commencement of this Act apply in relation to a finding by a court whether the finding was made before or after the commencement of this Act.\nHistorical versions\n5.5.2013\n\n22.12.2013\n\n16.2.2014\n\n22.8.2017\n\n30.4.2018\n\n1.7.2019\n\n9.12.2019\n\n12.4.2021\n\n1.2.2025\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded beyond the narrow mechanism of \"time‑served crime‑free\" spent convictions present at enactment. Amendments have added: (a) a judicial application pathway for eligible sex offences and special categories (ss 8A, 8B, 8C and Schedule 2); (b) treatment of convictions arising from Part 8A findings and other finding‑types (s 3(5), s 4(1a) as amended by 32/2024); (c) explicit coverage of decriminalised public‑decency offences and corresponding mandatory orders where conduct would no longer be an offence (s 8B, s 8C); (d) a complex schedule of exclusions and a mechanism (s 13A) for individuals to seek removal of key exclusions in specified circumstances; and (e) expanded cross‑jurisdictional and Commonwealth‑agency interface rules (s 6, s 3 definitions and Schedule 1). These changes materially broaden who may apply, the kinds of convictions that can be spent, and the number of public‑interest exceptions — shifting the Act from a relatively simple \"statutory rehabilitation after time\" scheme to a layered statutory regime balancing rehabilitation with multiple public‑safety and administrative exceptions."},"complexity_factors":["Long interpretation section (s 3) with 40+ defined terms and layered definitions (e.g. eligible adult/juvenile offence, designated sex‑related offence, mutual recognition principle)","Multiple offence categories with different rules: eligible adult/juvenile offences, eligible sex offences, designated sex‑related offences, prescribed public decency offences (ss 5, 7, 8, 8A–8C)","Qualification period mechanics with reset and extension rules, including special treatment for registrable child sex offenders (s 7(1)–(4))","Discretionary and mandatory magistrate processes: discretionary orders for some sex offences (s 8A), mandatory orders where conduct is decriminalised (s 8B and s 8C), and separate exemption orders (s 13A)","Procedural regime in Schedule 2 (notice, private hearings, intervention rights for Attorney‑General and Commissioner of Police, admissibility and evidentiary flexibility)","Extensive Schedule 1 exclusions with nested exceptions and interaction clauses (e.g. cl a1, cl 9A) covering justice agencies, Commonwealth security and migration checks, child/vulnerable‑person work, character‑test processes, and more","Criminal sanctions and defences for unlawful disclosure and dishonest obtaining of spent conviction information (ss 11, 12, 14) with operational safeguards required","Cross‑jurisdictional and mutual recognition rules creating conditional application to convictions from other States, Commonwealth and overseas jurisdictions (s 3(7), s 6(2)–(4))","Significant delegated powers and regulatory detail left to regulations (s 17) and transitional/amendment history affecting interpretation (Legislative history and recent amendments)"],"plain_english_summary":"**What this law does, in plain English**\n\n- **Mechanics (what changes and how it works)**\n  - The Act limits how and when a person's criminal conviction must be disclosed and relied on once the conviction becomes \"spent\" (see section 4 and the rules in Part 2). For most eligible convictions, a period with no new offending (the \"qualification period\") must pass before the conviction becomes spent (s 7 and s 8). For certain sexual‑type offences and some historic morality offences, a convicted person (or in limited cases another authorised person) must apply to a specially authorised magistrate (a \"qualified magistrate\") for an order that the conviction be spent (ss 6A, 8A, 8B, 8C and Schedule 2).\n  - Once a conviction is spent it is treated, in many everyday contexts, as if it does not exist: questions about criminal history are taken not to refer to it; the person need not disclose it; and organisations must not treat non‑disclosure as a valid reason to refuse or revoke appointments, status or privileges (s 10).\n  - The Act creates criminal offences (with monetary maximum penalties) for improperly disclosing or dishonestly obtaining information about spent convictions from public records or in the course of certain businesses that provide conviction information (ss 11, 12 and 14).\n  - The Act also sets out a range of statutory exclusions where the protection for spent convictions does not apply — for example, disclosures to police and other justice agencies, certain Commonwealth security and migration assessments, judicial proceedings, checks related to children or vulnerable people, character‑test processes for regulated occupations, police/corrections employment and prescribed screening units (Schedule 1).\n\n- **Who is affected**\n  - People with criminal convictions that meet the Act's eligibility rules: primarily adults with no custodial sentence higher than 12 months and juveniles with detention not exceeding 24 months (definitions in s 3; Part 2 and s 5 set out eligible categories).\n  - Employers, licensing and registration bodies, and other organisations that ask about applicants' criminal histories: they must generally disregard spent convictions (s 10) but many public authorities and safety‑sensitive employers are covered by Schedule 1 exclusions and may still request and use that information.\n  - Justice agencies, courts, magistrates (qualified magistrates), screening units and designated Commonwealth agencies who retain powers to access or disclose spent convictions under the exclusions (Schedule 1 and ss 11–13A).\n\n- **Why it matters (official purpose and how the law tries to achieve it)**\n  - The stated aim is to reduce the long‑term legal effects of certain convictions after a crime‑free period or where the conduct has since been decriminalised (long title; ss 4, 7, 8B, 8C). The mechanism is a statutory rule that prevents questions, statutory instruments, agreements and parties from treating spent convictions as part of a person's criminal history in most private and many public contexts (s 10).\n  - The Act balances that legal \"fresh start\" with public‑safety and administrative exceptions: it preserves access to convictions for law enforcement, security, child‑protection, certain licensing and character assessment processes, and judicial functions (Schedule 1). It also creates processes for magistrates to remove exclusions in particular cases (s 13A) and for applications to have certain sex‑related or decriminalised morality convictions declared spent (ss 8B, 8C, Schedule 2).\n\n- **Who pays and who decides**\n  - Individuals seeking a spent conviction order (or an order to remove an exclusion) bear the cost of applying and meeting evidentiary requirements under the regulations; legal representation may add cost. Outcomes are decided by \"qualified magistrates\" (ss 6A, 8A, 8B, 8C, Schedule 2). Public agencies and employers bear compliance costs: they must change forms, record‑keeping and screening procedures to avoid unlawful disclosures and to respect spent convictions where applicable (s 10; ss 11–12).\n\n- **Incentives, trade‑offs and practical effects**\n  - Incentives created: eligible individuals have a legal incentive to maintain crime‑free behaviour for the qualification period to achieve non‑disclosure rights (s 7). For some sexual and historic moral offences, individuals have an incentive to apply for a magistrate order once the qualification period ends (ss 8A–8C).\n  - Trade‑offs: the law reduces friction for reintegration and employment by limiting disclosure of spent convictions (s 10), while preserving access to conviction records for public safety and regulatory purposes (Schedule 1). That produces concentrated benefits to individuals who successfully obtain spent status and diffuse compliance costs across employers, regulators and record‑keeping agencies.\n  - Implementation risks and bureaucratic discretion: much of the scheme depends on magistrate discretion (8A(5); s 13A) and on delegated regulation‑making powers (s 17). In practice that means outcomes may vary with judicial decision‑making, regulation content and administrative capacity (Schedule 2 procedural rules govern how hearings are run).\n  - Compliance burden and penalties: agencies and businesses which handle conviction records must identify and avoid unlawful disclosures (ss 11–12) or face penalties (maximum $10,000 in these sections and s 14). That requires operational safeguards and staff training.\n\n- **Effects on private enterprise, competition and individual choice (what the Act changes in market terms)**\n  - Hiring and licensing: in many routine private hiring and licensing decisions, employers and regulators must not count spent convictions (s 10), which can increase the pool of eligible workers for employers. However, for regulated occupations and safety‑sensitive roles the Schedule 1 exclusions allow continued consideration of convictions — preserving existing occupational screening regimes (Schedule 1 cl 8 and cl 6–7).\n  - Businesses selling conviction‑search services must take care: the Act criminalises disclosing spent convictions in business activities unless narrow defences apply (s 12), which may require product changes (e.g. redacting spent convictions from reports).\n  - Contract freedom and information: private organisations’ ability to contract based on full criminal histories is limited by the Act in non‑excluded contexts (s 10), but preserved in excluded contexts (Schedule 1). The practical effect is a partial restriction on the use of criminal history data by private actors.\n\n- **Key operational points to watch**\n  - Qualification periods: 5 years for eligible juvenile offences (where juvenile dealt with as juvenile) and 10 years for others (s 7).\n  - Different rules for sex‑related and decriminalised morality offences: some require an application and judicial discretion; others require the magistrate to order spent status if statutory tests are met (ss 8A–8C, Schedule 2).\n  - Exclusions are detailed and wide‑ranging (Schedule 1). Organisations should map whether they fall within an exclusion before relying on the \"spent\" regime.\n\n(Primary provisions: ss 3, 4, 6–8, 8A–8C, 10–13A; Schedule 1 and Schedule 2.)"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes from original intent — the legislative text was not retrievable from the provided source. No analysis of amendments or scope drift is possible without access to the document."},"complexity_factors":["Source document was inaccessible — a 'Page Not Found' error was returned, meaning no actual legislative text could be analysed","Analysis is based on general knowledge of the Act rather than its specific provisions, amendments, or schedules","The Act itself (in general terms) involves moderate complexity due to exemptions and eligibility criteria, but without the text a meaningful complexity assessment cannot be completed"],"plain_english_summary":"The Spent Convictions Act 2009 (SA) lets certain old or minor criminal convictions become “spent,” so they no longer need to be disclosed for most everyday purposes. It affects people with past convictions, employers, licensing bodies and background checks — though serious offences and some roles (eg working with children) are excluded. The scheme helps people move on without lifelong penalties."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2009 scope. Originally focused on standard spent convictions for minor offences, it has grown to include: (1) a complex regime for eligible sex offences (2013 amendments); (2) specific provisions for historical homosexuality-related offences including designated sex-related offences and prescribed public decency offences (2013 and 2020 amendments); (3) mutual recognition with other jurisdictions; (4) detailed exclusions for screening units and working with children checks; and (5) special provisions for Part 8A findings (mental incompetence/unfitness to stand trial) added in 2024. The Act has evolved from a simple 'clean slate' mechanism into a sophisticated instrument addressing historical injustice, sex offender management, and inter-jurisdictional recognition."},"complexity_factors":["Multiple overlapping categories of offences with different rules: eligible adult offences, eligible juvenile offences, eligible sex offences, designated sex-related offences, and prescribed public decency offences — each with distinct spending mechanisms","Complex defined terms section (section 3) with 25+ defined terms including nested definitions (e.g., 'designated sex-related offence' has 5 sub-paragraphs with multiple limbs)","Extensive cross-referencing between Parts and Schedules — Schedule 1 exclusions interact with sections 10-13A through conditional clauses","Bifurcated application process: automatic spending (section 8) vs. discretionary magistrate orders (sections 8A, 8B, 8C) with different eligibility criteria and procedural requirements","Schedule 1 contains 14 separate exclusion clauses plus a complex 'application of exclusions' clause (clause a1) with its own conditional logic","Nested exceptions: section 13A allows magistrates to override specific Schedule 1 exclusions, creating exceptions to the exclusions","Mutual recognition principle (section 3(7)) creates inter-jurisdictional complexity for convictions from other states","Transitional provisions and legislative history showing 15+ amendments since 2009, indicating evolving scope and complexity","Specific procedural requirements for qualified magistrates (section 6A) and detailed hearing procedures in Schedule 2","Offence-specific definitions requiring reference to other Acts (Criminal Law Consolidation Act 1935, Child Sex Offenders Registration Act 2006, etc.)"],"plain_english_summary":"**What this law does:**\n\nThis Act allows certain criminal convictions in South Australia to become \"spent\" — meaning they no longer have to be disclosed and generally can't be held against a person. Think of it as a legal \"clean slate\" for people who have stayed out of trouble for a long time, or for historical convictions for conduct that is no longer illegal (particularly consensual same-sex activity that was once criminalised).\n\n**Who it affects:**\n\n- **People with old or minor convictions** — If you were convicted of a minor offence (no prison time, or less than 12 months for adults, 24 months for juveniles) and stay crime-free for 10 years (5 for juveniles), the conviction becomes spent automatically.\n- **People with historical convictions for decriminalised conduct** — Those convicted of consensual same-sex activity or related \"public decency\" offences that are now legal can apply to a magistrate to have these convictions declared spent.\n- **Certain sex offenders** — People convicted of less serious sex offences (where no prison was imposed) can apply to a magistrate for a spent conviction order, but this is not automatic.\n- **Employers and agencies** — They generally cannot ask about or consider spent convictions, with important exceptions for jobs involving children, vulnerable people, police, courts, and national security.\n\n**How it works:**\n\n- **Automatic spending:** Most minor convictions become spent after the \"qualification period\" (10 years for adults, 5 for juveniles) if the person isn't convicted of anything else during that time. If they reoffend, the clock resets.\n- **Application process:** For eligible sex offences and historical homosexuality-related offences, a person must apply to a \"qualified magistrate\" (a specially approved magistrate). The magistrate considers factors like rehabilitation, public safety, and whether the conduct is now legal.\n- **Effect:** Once spent, you don't have to tell anyone about the conviction, and it generally can't be used against you in employment or other areas. However, police and certain agencies can still access this information for specific purposes.\n\n**Important exceptions:**\n\nThe protection doesn't apply when:\n- Working with children or vulnerable people (aged care, disability services)\n- Applying for police, firefighting, or correctional services jobs\n- Court proceedings, parole hearings, or sentencing\n- National security positions\n- Certain professional registrations requiring \"good character\" checks\n\n**Why it matters:**\n\nThis law recognises that people can rehabilitate and that historical discrimination (particularly against LGBTQ+ people) should not haunt someone forever. It balances giving people a second chance against protecting community safety in sensitive roles."}},"importantCases":[],"_links":{"self":"/api/acts/spent-convictions-act-2009","history":"/api/acts/spent-convictions-act-2009/history","analysis":"/api/acts/spent-convictions-act-2009/analysis","conflicts":"/api/acts/spent-convictions-act-2009/conflicts","importantCases":"/api/acts/spent-convictions-act-2009/important-cases","documents":"/api/acts/spent-convictions-act-2009/documents"}}