{"id":"spent-convictions-regulations-1992","name":"Spent Convictions Regulations 1992","slug":"spent-convictions-regulations-1992","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182020,"registerId":"wa-spent-convictions-regulations-1992-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Spent Convictions Regulations 1992","content":"![Crest]()Western Australia\n\nSpent Convictions Act 1988\n\nSpent Convictions Regulations 1992\n\nWestern Australia\n\nSpent Convictions Regulations 1992\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Minor punishment, amount prescribed (Act s. 3) 1\n\n5. Application form prescribed (Act s. 7(1)) 1\n\n6A. Persons and laws prescribed (Act s. 28(2)) 1\n\n6. Form of notice (Act s. 33(2)) 6\n\n7. Transitional provision for *Spent Convictions Amendment Regulations 2023* 7\n\nSchedule 1\n\n1. Use of this form 9\n\n2. When application can be made 9\n\n3. Witnessing the signature of applicant 9\n\n4. Evidence of identity 10\n\n5. Issue of certificate 11\n\nSchedule 2\n\nNotes\n\nCompilation table 15\n\nDefined terms\n\n  \n\nSpent Convictions Act 1988\n\nSpent Convictions Regulations 1992\n\n##### 1. Citation\n\nThese regulations may be cited as the *Spent Convictions Regulations 1992*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which the Act comes into operation.\n\n##### 3. Minor punishment, amount prescribed (Act s. 3)\n\nFor the purposes of the definition of “minor punishment” in section 3 of the Act, the amount of $1 500 is prescribed.\n\n[Regulation 3 inserted: Gazette 4 Nov 2005 p. 5318; amended: SL 2023/122 r. 4.]\n\n[**4.** Deleted: Gazette 4 Nov 2005 p. 5318.]\n\n##### 5. Application form prescribed (Act s. 7(1))\n\nThe form of application set out in Schedule 1 is prescribed for the purposes of section 7(1) of the Act.\n\n##### 6A. Persons and laws prescribed (Act s. 28(2))\n\nFor the purposes of section 28(2) of the Act —\n\n(a) each person specified in Column 2 of an item in the Table is prescribed in respect of the law specified in Column 3 of that item; and\n\n(b) each law specified in Column 3 in the Table is prescribed.\n\nTable\n\n| **Column 1**<br>**Item** | **Column 2**<br>**Prescribed person** | **Column 3**<br>**Prescribed law** |\n| --- | --- | --- |\n| 1. | The Commissioner for Fair Trading appointed under the *Fair Trading (Australian Consumer Law) Act 1992* (Australian Capital Territory) section 32 | *Working with Vulnerable People (Background Checking) Act 2011* (Australian Capital Territory) |\n| 2. | The Commissioner of the NDIS Quality and Safeguards Commission referred to in the *National Disability Insurance Scheme Act 2013* (Commonwealth) section 181C | *National Disability Insurance Scheme Act 2013* (Commonwealth) |\n| 3. | The Children’s Guardian appointed under the *Children’s Guardian Act 2019* (New South Wales) section 115(2) | *Child Protection (Working with Children) Act 2012* (New South Wales) |\n| 4. | The Screening Agency as defined in the *National Disability Insurance Scheme (Worker Checks) Act 2018* (New South Wales) section 4 | *National Disability Insurance Scheme (Worker Checks) Act 2018* (New South Wales) |\n| 5. | The Screening Authority established under the *Care and Protection of Children Act 2007* (Northern Territory) section 196(1) | *Care and Protection of Children Act 2007* (Northern Territory) |\n| 6. | The Screening Agency as defined in the *National Disability Insurance Scheme (Worker Clearance) Act 2020* (Northern Territory) section 7(1) | *National Disability Insurance Scheme (Worker Clearance) Act 2020* (Northern Territory) |\n| 7. | The chief executive referred to in the *Disability Services Act 2006* (Queensland) section 40 and as defined in the *Acts Interpretation Act 1954* (Queensland) section 33(11) | *Disability Services Act 2006* (Queensland) |\n| 8. | The Queensland College of Teachers established under the *Education (Queensland College of Teachers) Act 2005* (Queensland) section 229(1) | *Education (Queensland College of Teachers) Act 2005* (Queensland) |\n| 9. | The chief executive referred to in the *Working with Children (Risk Management and Screening) Act 2000* (Queensland) section 8 and as defined in the *Acts Interpretation Act 1954* (Queensland) section 33(11) | *Working with Children (Risk Management and Screening) Act 2000* (Queensland) |\n| 10. | The central assessment unit established under the *Child Safety (Prohibited Persons) Act 2016* (South Australia) section 20(1) | *Child Safety (Prohibited Persons) Act 2016* (South Australia) |\n| 11. | The central assessment unit established under the *Child Safety (Prohibited Persons) Act 2016* (South Australia) section 20(1) | *Disability Inclusion Act 2018* (South Australia) |\n| 12. | The Registrar appointed under the *Registration to Work with Vulnerable People Act 2013* (Tasmania) section 11 | *Registration to Work with Vulnerable People Act 2013* (Tasmania) |\n| 13. | The Disability Worker Registration Board of Victoria established under the *Disability Service Safeguards Act 2018* (Victoria) section 8 | *Disability Service Safeguards Act 2018* (Victoria) |\n| 14. | The Victorian Disability Worker Commission established under the *Disability Service Safeguards Act 2018* (Victoria) section 21(1) | *Disability Service Safeguards Act 2018* (Victoria) |\n| 15. | The Victorian Disability Worker Commissioner appointed under the *Disability Service Safeguards Act 2018* (Victoria) section 26(1) | *Disability Service Safeguards Act 2018* (Victoria) |\n| 16. | The Secretary as defined in the *Worker Screening Act 2020* (Victoria) section 3(1) | *Worker Screening Act 2020* (Victoria) |\n\n\n[Regulation 6A inserted: SL 2021/6 r. 4.]\n\n##### 6. Form of notice (Act s. 33(2))\n\nThe form of notice set out in Schedule 2 is prescribed for the purposes of section 33(2) of the Act.\n\n##### 7. Transitional provision for *Spent Convictions Amendment Regulations 2023*\n\n(1) In this regulation —\n\namendment day means the day on which the *Spent Convictions Amendment Regulations 2023* regulation 5 comes into operation;\n\nconviction includes a conviction for an offence against Commonwealth law or the law of another State or of a Territory.\n\n(2) In relation to a conviction incurred before amendment day, regulation 3 continues to apply as if it had not been amended by the *Spent Convictions Amendment Regulations 2023* regulation 4.\n\n[Regulation 7 inserted: SL 2023/122 r. 5.]\n\nSchedule 1\n\n[r. 5]\n\n[Heading inserted: Gazette 1 Apr 2008 p. 1280.]\n\n*SPENT CONVICTIONS ACT 1988* — SECTION 7(1)\n\n**APPLICATION FOR CERTIFICATE THAT LESSER CONVICTION IS SPENT**\n\n**Particulars of applicant —**\n\n| SURNAME: .........................................................................................................<br>OTHER NAMES: ................................................................................................<br>ANY NAME PREVIOUSLY USED (ALIAS): ..................................................<br>DATE OF BIRTH: ......../......../........ PLACE OF BIRTH: .................................<br>RESIDENTIAL ADDRESS: ...............................................................................<br> ...............................................................................<br>POSTAL ADDRESS (If different from above): .................................................<br> ................................................. |\n| --- |\n\n\nI apply to the Commissioner of Police for a certificate that any lesser Western Australian convictions that may be eligible in accordance with the *Spent Convictions Act 1988* are spent.\n\nSignature of applicant: ___________________________________\n\n(To be signed in the presence of an authorised witness*)\n\n* see Information for Applicant\n\n**Declaration of authorised witness —**\n\nI declare that I have —\n\n- sighted original identification documentation that confirms the identity of the applicant; and\n- witnessed the applicant’s signature.\n\n\nSignature of witness: ____________________________________\n\nFull name of witness: ____________________________________\n\nAuthority of witness: ____________________________________\n\nDate: / /\n\nINFORMATION FOR APPLICANT\n\n1. Use of this form\n\nThis form is only to be used for lesser convictions for offences against the law of Western Australia.\n\nA lesser conviction is one for which imprisonment for one year or less, and a fine of less than $15 000, was imposed.\n\nAll other convictions only become spent by order of the District Court.\n\n2. When application can be made\n\nAn application for a certificate that a lesser conviction is spent cannot be made until a period has expired after the conviction without any further conviction being incurred (unless no punishment or only a fine of $1 500 or less was awarded for the further conviction).\n\nThe period is 10 years plus any period of imprisonment relevant to the conviction.\n\nThere are rules in the *Spent Convictions Act 1988* section 11 for working out this period.\n\nThe period is different if there is a subsequent conviction.\n\n3. Witnessing the signature of applicant\n\nThe following persons are authorised to witness the applicant’s signature —\n\n- an Australia Post officer;\n- a police officer;\n- any other person listed in the *Oaths, Affidavits and Statutory Declarations Act 2005* Schedule 2.\n\n\n4. Evidence of identity\n\nIdentification documents to a value of 100 points, as set out below must be produced and sighted by the person witnessing the applicant’s signature. At least one identification document must include a photograph of the applicant.\n\n ***Primary Identification***\n\n70 points for each document produced —\n\n- Birth certificate (not extract of birth)\n- Australian passport (current or expired within last 2 years)\n- Current overseas passport\n- Australian citizenship certificate.\n\n\n ***Secondary Identification***\n\nCategory 1\n\n40 points for the first document produced;\n\n25 points for each additional document produced —\n\n- Drivers’ licence with photo identity issued under the *Road Traffic (Authorisation to Drive) Act 2008*, or equivalent licence issued by another State or Territory\n- A current photo card as defined in the *Western Australian Photo Card Regulations 2014* regulation 3\n- Licence with photo identity issued under the *Firearms Act 2024,* or equivalent licence issued by another State or Territory\n- Employee identity card (with photo identity) issued by a State or Commonwealth government department or agency\n- Photo identity card issued by a tertiary education institution\n- Learners’ permit issued under the *Road Traffic (Authorisation to Drive) Act 2008*, or equivalent permit issued by another State or Territory\n- Department of Veteran Affairs card\n- Centrelink or Social Security card.\n\n\nCategory 2\n\n25 points for each document produced —\n\n- Proof of age card issued under the *Liquor Control Regulations 1989* regulation 18B\n- Medicare card\n- Local government rates notice\n- Property lease/rental agreement\n- Property insurance papers\n- Motor vehicle registration or insurance papers\n- Professional or trade association card.\n\n\nCategory 3\n\n25 points for each document produced —\n\n(Each document must be from a different organisation)\n\n- Utility bills (e.g. telephone, gas, electricity, water)\n- Credit or bank account card\n- Bank statement or passbook.\n\n\n5. Issue of certificate\n\nThe certificate will be posted to the postal address shown in the application. Should this change you should notify the Commissioner of Police.\n\n[Schedule 1 inserted: Gazette 1 Apr 2008 p. 1280-3; amended: Gazette 27 Jun 2014 p. 2351; 10 Feb 2015 p. 621; SL 2023/122 r. 6; SL 2024/300 r. 10.]\n\nSchedule 2\n\n[Regulation 6]\n\n*SPENT CONVICTIONS ACT 1988*\n\nNotice under section 33(2)\n\n**THE EFFECT OF A CONVICTION BECOMING SPENT**\n\nThe following is a summary of the legal effect of a conviction becoming spent under the *Spent Convictions Act 1988*.\n\nREFERENCES TO CONVICTIONS IN STATE LAWS\n\nA reference in a law of this State to a conviction of a person does not include a spent conviction.\n\nDISCLOSURE\n\nThe conviction and the charge that led to it do not have to be disclosed by the person concerned or anyone else, except where required in court or tribunal proceedings, and even then the court or tribunal has to act to avoid or minimize publicity.\n\nACCESS TO CRIMINAL RECORDS\n\nIt is an offence for a person to obtain information about a spent conviction, or the charge that led to it, from official criminal records, unless the person has a lawful reason.\n\nCHARACTER ASSESSMENT\n\nA person who would otherwise be able under a law of this State to take into account a conviction or the charge that led to it when assessing a person’s character or fitness cannot do so in the case of a spent conviction.\n\nDISCRIMINATION\n\nApplicants for employment\n\nA person from whom a person is seeking employment cannot use a spent conviction against the applicant —\n\n• in arrangements made for deciding who should be offered employment\n\n• in deciding who should be offered employment\n\n• in the terms or conditions on which employment is offered.\n\nEmployees\n\nAn employer cannot use a spent conviction against an employee —\n\n• in the terms or conditions of employment provided\n\n• in access to opportunities for promotion, transfer, training or any other benefits\n\n• to dismiss the employee\n\n• otherwise to the detriment of the employee.\n\nPersons who apply to be appointed, or who are appointed, as commission agents\n\nThe position is similar as for applicants for employment and employees.\n\nEmployment agencies\n\nAn employment agency cannot use a spent conviction to discriminate against a person in relation to any service that it provides —\n\n• by refusing to provide the service\n\n• in the terms or conditions on which the service is offered\n\n• in the way in which it provides the service.\n\nUnions and employer organisations\n\nA union or employer organisation cannot use a spent conviction against a person —\n\n• to reject an application for membership\n\n• in setting the terms or conditions of admission to membership\n\n• to take away membership or vary its terms\n\n• in access to benefits provided\n\n• otherwise to the detriment of the person.\n\nContract workers\n\nA principal cannot use a spent conviction against a contract worker —\n\n• to refuse to allow the contract worker to work\n\n• in the terms or conditions on which the contract worker is allowed to work\n\n• in access to any benefits associated with the contract work\n\n• otherwise to the detriment of the contract worker.\n\nOccupational licensing bodies\n\nA body that has the power to confer an authorisation or a qualification for the carrying on of an occupation cannot use a spent conviction against a person —\n\n• to deprive the person of the authorisation or qualification\n\n• in setting the terms and conditions on which the person may hold the authorisation or qualification.\n\nHow to complain\n\nIf you believe that a person has discriminated against you in a way that is prohibited, you may lodge a complaint under the *Equal Opportunity Act 1984* with the Commissioner for Equal Opportunity.\n\nEXCEPTIONS\n\nThere are a number of exceptions to the above.\n\nThere is general exception for decisions as to bail for a court appearance.\n\nThe other exceptions relate to persons who are being considered for certain positions (for example, police or prison officers, school teachers and other school staff) or who have applied for certain authorisations (for example, security agents, child care or education and care service providers, casino employees). These exceptions are in Schedule 3 to the Act which was added by the *Spent Convictions Regulations 1992*. This should be referred to for particulars.\n\n[Schedule 2 amended: Gazette 4 Nov 2005 p. 5319; 12 Dec 2014 p. 4720.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Spent Convictions Regulations 1992* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Spent Convictions Regulations 1992* | 26 Jun 1992 p. 2715‑22 | 1 Jul 1992 (see r. 2 and *Gazette* 26 Jun 1992 p. 2644) |\n| **Reprint 1: The *Spent Convictions Regulations 1992* as at 12 Dec 2003** | | |\n| *Spent Convictions Amendment Regulations 2005* | 4 Nov 2005 p. 5318‑19 | 4 Nov 2005 |\n| *Spent Convictions Amendment Regulations 2007* | 1 Apr 2008 p. 1280-3 | r. 1 and 2: 1 Apr 2008 (see r. 2(a));   Regulations other than r. 1 and 2: 2 Apr 2008 (see r. 2(b)) |\n| **Reprint 2: The *Spent Convictions Regulations 1992* as at 16 May 2008** (includes amendments listed above) | | |\n| *Spent Convictions Amendment Regulations (No. 2) 2010* | 24 Dec 2010 p. 6806-7 | r. 1 and 2: 24 Dec 2010 (see r. 2(a));   Regulations other than r. 1 and 2: 25 Dec 2010 (see r. 2(b)) |\n| *Spent Convictions Amendment Regulations (No. 2) 2013* | 13 Aug 2013 p. 3736-7 | r. 1 and 2: 13 Aug 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 14 Aug 2013 (see r. 2(b)) |\n| *Spent Convictions Amendment Regulations (No. 2) 2014* | 13 Jun 2014 p. 1897 | r. 1 and 2: 13 Jun 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 14 Jun 2014 (see r. 2(b)) |\n| *Spent Convictions Amendment Regulations (No. 3) 2014* | 27 Jun 2014 p. 2351 | r. 1 and 2: 27 Jun 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)(i) and *Gazette* 17 Jun 2014 p. 1955) |\n| *Spent Convictions Amendment Regulations (No. 5) 2014* | 23 Sep 2014 p. 3476‑7 | r. 1 and 2: 23 Sep 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 24 Sep 2014 (see r. 2(b)) |\n| *Spent Convictions Amendment Regulations 2014* | 12 Dec 2014 p. 4719‑20 | r. 1 and 2: 12 Dec 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 13 Dec 2014 (see r. 2(b)) |\n| *Spent Convictions Amendment Regulations 2015* | 10 Feb 2015 p. 621 | r. 1 and 2: 10 Feb 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and *Gazette* 17 Apr 2015 p. 1371) |\n| **Reprint 3: The *Spent Convictions Regulations 1992* as at 4 Sep 2015** (includes amendments listed above) | | |\n| *Spent Convictions Amendment Regulations 2021* | SL 2021/6 29 Jan 2021 | r. 1 and 2: 29 Jan 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Feb 2021 (see r. 2(b) and SL 2021/4 cl. 2) |\n| *Spent Convictions Amendment Regulations 2023* | SL 2023/122 2 Aug 2023 | r. 1 and 2: 2 Aug 2023 (see r. 2(a));   Regulations other than r. 1 and 2: 3 Aug 2023 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Firearms) Regulations 2024* Pt. 4 | SL 2024/300 21 Dec 2024 | 31 Mar 2025 (see r. 2(b) and SL 2024/289 cl. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\namendment day 7(1)\n\nconviction 7(1)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The regulations have broadened in scope beyond a simple procedural form and notice instrument. Key scope expansions:  \n- Regulation 6A (inserted 2021) adds a multi‑item, cross‑jurisdictional list of prescribed persons and laws (screening and regulatory bodies across other States/Territories and the Commonwealth). That expands the instrument’s reach from purely WA administrative process to explicit interaction with interstate and Commonwealth screening regimes (reg 6A and its Table).  \n- Schedule 1 has been expanded and updated over time (including identity categories and a 100‑point ID system, and the later inclusion of specific licence types such as firearms licences), increasing the procedural detail required of applicants and witnesses.  \n- Regulation 3 has been amended over time to alter the monetary threshold that defines “minor punishment,” and regulation 7 introduces transitional treatment for convictions around the 2023 amendments.  \nTogether these changes move the regulations from narrow procedural rules to an instrument that also governs cross‑jurisdictional prescribing and specific exceptions — functionally widening the operational footprint of the Act’s implementation beyond its original, simpler administrative purpose (see regs 3, 5, 6A, 7 and Schedules 1–2)."},"complexity_factors":["Short regulation instrument (7 regulations plus 2 schedules) but with detailed Schedules (Score reduced)","Regulation 6A contains a Table prescribing 16 external persons/laws across multiple jurisdictions (inter‑jurisdictional cross‑references)","Schedule 1: detailed 100‑point ID matrix and witness rules (multiple categories and point values)","Multiple amendments over time (2005, 2008, 2014, 2015, 2021, 2023, 2024) creating transitional rules (reg 7) and temporal conditions","Cross‑references to many external Acts (Commonwealth, other States/Territories) and to the parent Act (Spent Convictions Act 1988)","Conditional logic in transitional provision (reg 7) — different treatment for convictions before amendment day","Some subject matter complexity from exceptions: Schedule 2 summarises exceptions and refers to Schedule 3 of the Act (an exception to an exception)"],"plain_english_summary":"**What these regulations do (mechanics first)**\n\n- They set out the practical rules that implement the Spent Convictions Act 1988 for Western Australia. Key mechanical points are:\n  - The amount that counts as a “minor punishment” for the Act is prescribed (regulation 3) — currently $1,500 (see reg 3).  \n  - The application form that a person uses to ask the Commissioner of Police for a certificate that a “lesser conviction” is spent is prescribed (regulation 5 and Schedule 1). Schedule 1 also prescribes how the applicant’s signature must be witnessed and the identity documents required (the 100‑point ID scheme) and explains when an application can be made.  \n  - A standard form of notice explaining the legal effect of a conviction becoming spent is prescribed (regulation 6 and Schedule 2). That notice summarises disclosure rules, who can and cannot take a spent conviction into account, and the main exceptions.  \n  - A list of specified external decision‑makers and laws (across Commonwealth and other States/Territories) is prescribed so those bodies/laws are treated in the ways the Act allows (regulation 6A and the Table in reg 6A).  \n  - A transitional rule deals with how amendments made in 2023 apply to convictions incurred before the amendment day (regulation 7).\n\n**Who is affected**\n\n- Individuals with WA criminal convictions who want a certificate that a lesser conviction is spent (Schedule 1; reg 5).  \n- The Commissioner of Police (who issues the certificates and receives the applications).  \n- Employers, licensing/registration bodies, employment agencies, unions, principals who engage contract workers, and similar decision‑makers in Western Australia: the regulations (via Schedule 2) make clear that they generally must treat spent convictions as not disclosable and not to be taken into account, subject to statutory exceptions.  \n- A set of specified external screening and regulatory agencies (listed in reg 6A) that the regulations explicitly prescribe for the Act’s purposes (these are largely child, disability and worker screening authorities across jurisdictions, and an NDIS quality regulator). Those bodies are treated under the Act as persons/laws for particular exceptions or interactions the Act contemplates.  \n- Persons who must verify identity when witnessing an application (Australia Post officers, police officers and persons listed under the Oaths, Affidavits and Statutory Declarations Act — Schedule 1, paragraph 3).\n\n**Why this matters (stated purpose and practical effects)**\n\n- The regulations operationalise the Act’s objective of allowing certain convictions to become “spent” (that is, generally not disclosed and not to be used against the person) by:  \n  - prescribing the paperwork and identity checks needed for a person to obtain a spent‑conviction certificate (reduces uncertainty about process) (reg 5; Schedule 1);  \n  - prescribing a clear explanatory notice about the legal consequences of spent convictions (Schedule 2); and  \n  - specifying which external screening/registration bodies and laws are prescribed for the Act’s exceptions (reg 6A).  \n\n**Incentives, costs and trade‑offs (practical lens)**\n\n- Who pays / bears administrative cost: applicants bear the time and document‑gathering cost of meeting the 100‑point ID requirement and obtaining a witnessed signature; the police (or their registry) bear the administrative cost of processing applications and issuing certificates. There is no fee set in these regulations themselves. (See Schedule 1 and reg 5.)\n\n- Who decides: the Commissioner of Police decides whether to issue the certificate once the prescribed form and identity requirements are met (reg 5; Schedule 1). Prescribed external authorities listed in reg 6A may, under the Act’s exceptions, still access certain conviction information in relation to their statutory functions (reg 6A).  \n\n- Behaviour changes and private‑sector effects: the regulations reduce uncertainty for applicants and for employers/licensing bodies about process and the legal effect of spent convictions. Employers and licensing bodies must treat spent convictions as out of scope in most contexts (Schedule 2), which changes hiring/screening behaviour in WA unless an exception applies. Prescribing external screening authorities (reg 6A) creates structured exceptions — those agencies can continue to consider convictions where their enabling laws require it, which limits the practical reach of the spent conviction protection in specific regulated sectors (child safety, disability workers, etc.).\n\n- Compliance burden and implementation risk: the 100‑point ID scheme and witness rules create a measurable compliance cost for applicants and impose an evidence‑checking duty on witnesses and police staff. The list in reg 6A requires coordination across jurisdictions in practice; there is an implementation risk that individuals and employers may misunderstand which bodies are excepted from spent‑conviction protections. Transitional and amendment rules (reg 7) add temporal complexity when the amounts or lists change.\n\n- Concentrated benefits / trade‑off: prescribing specific screening agencies (reg 6A) concentrates statutory authority in a defined set of regulators (they gain clarity and continued access to records). The trade‑off is narrower privacy/protection for applicants in sectors those agencies regulate — the regulations make those trade‑offs explicit by listing the bodies and laws.\n\n**What the regulations do not do**\n\n- They do not change the Act’s core substantive conditions for a conviction to be spent (those rules remain in the Act itself). The regulations set process, forms, identity requirements, the minor‑punishment dollar amount, and name particular external agencies and laws for the Act’s prescribed exceptions.\n\n(References: regulation 3 (minor punishment amount); regulation 5 and Schedule 1 (application form, ID and witness rules); regulation 6 and Schedule 2 (notice of effect of spent conviction); regulation 6A and its Table (prescribed persons and laws); regulation 7 (transitional rule).)"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for analysis. The URL returned a system error page rather than the legislation content."},"complexity_factors":["No legislative content was retrievable — the page returned a 'no longer available' error message only","Cannot assess actual regulatory complexity without access to the text","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe requested legislation — the **Spent Convictions Regulations 1992 (WA)** — could not be retrieved. The page is no longer available at its original web address due to system upgrades on the Western Australian legislation website.\n\n**What we do know:**\n- This is a **Western Australian regulation** (subordinate legislation made under a parent Act)\n- It relates to **spent convictions** — a legal framework that allows people with old or minor criminal convictions to treat those convictions as if they never existed, protecting them from discrimination in areas like employment\n- Regulations of this type typically set out **procedural rules, exemptions, and administrative details** that support the main Spent Convictions Act\n\n**What to do:** Visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) and search for \"Spent Convictions Regulations 1992\" directly to access the current version."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations have grown significantly beyond their original 1992 scope. Originally focused on basic administrative forms and thresholds for WA-only spent convictions, the 2021 insertion of regulation 6A transformed this into a national coordination instrument. It now prescribes 16 different interstate officials and laws that can access WA spent convictions, effectively creating a national information-sharing framework for child protection and disability worker screening. The 2023 transitional provision (regulation 7) also added temporal complexity by maintaining dual thresholds for pre- and post-amendment convictions."},"complexity_factors":["Multiple cross-references to the parent Act (Spent Convictions Act 1988) and other state/territory laws across Australia","Detailed administrative requirements in Schedule 1 including 100-point ID verification system with three categories of documents","Complex transitional provision (regulation 7) with retrospective application rules for pre-2023 convictions","Extensive table in regulation 6A mapping 16 different prescribed persons to specific laws across 7 jurisdictions (ACT, NSW, NT, Qld, SA, Tas, Vic)","Interaction between state and Commonwealth legislation (NDIS, Fair Trading Acts)","Deleted regulation (regulation 4) showing evolutionary complexity in the legislative history"],"plain_english_summary":"These regulations support Western Australia's Spent Convictions Act 1988, which allows certain old or minor criminal convictions to be 'spent' (essentially wiped clean) after a waiting period.\n\n**What these regulations do:**\n\n*   **Set the dollar threshold for 'minor punishment'** — If someone was fined $1,500 or less (and received no other punishment), this counts as a 'minor punishment' under the Act. This matters because minor punishments don't reset the clock on the waiting period for other convictions to become spent.\n\n*   **Prescribe the application form** — They set out the official form (Schedule 1) that people must use to apply to the Police Commissioner for a certificate declaring their 'lesser convictions' spent. The form includes detailed ID requirements (100 points of ID, similar to opening a bank account) and rules about who can witness signatures (police officers, Australia Post staff, etc.).\n\n*   **List national bodies that can access spent convictions** — They specify which government officials and laws across Australia (ACT, NSW, NT, Queensland, SA, Tasmania, Victoria) can override spent conviction protections. This covers people working with vulnerable groups — such as child protection agencies, disability worker screening bodies, and teacher registration authorities. These bodies can still see spent convictions when deciding who can work with children or people with disabilities.\n\n*   **Prescribe the notice form** — They set out the official notice (Schedule 2) that explains to people what it means when a conviction becomes spent: they don't have to disclose it, employers generally can't use it against them, and it's removed from most criminal record checks. However, the notice also explains exceptions (such as for police officers, teachers, and childcare workers).\n\n*   **Handle transitional matters** — They include a rule that the old $1,500 fine threshold continues to apply to convictions that happened before the 2023 amendments took effect.\n\n**Who it affects:**\n\n*   People with old minor criminal convictions in Western Australia who want to clear their record\n*   Employers and employment agencies (who cannot discriminate based on spent convictions)\n*   National screening bodies for child-related and disability-related work\n*   Police and courts administering the scheme\n\n**Why it matters:**\n\nThese regulations make the 'second chance' scheme work in practice. Without the prescribed forms, people couldn't apply. Without the national coordination (regulation 6A), someone with a spent WA conviction could potentially hide it when applying to work with children in another state. The regulations balance rehabilitation (helping people move on from old mistakes) with public safety (ensuring child and disability worker screening remains thorough)."}},"importantCases":[],"_links":{"self":"/api/acts/spent-convictions-regulations-1992","history":"/api/acts/spent-convictions-regulations-1992/history","analysis":"/api/acts/spent-convictions-regulations-1992/analysis","conflicts":"/api/acts/spent-convictions-regulations-1992/conflicts","importantCases":"/api/acts/spent-convictions-regulations-1992/important-cases","documents":"/api/acts/spent-convictions-regulations-1992/documents"}}