{"id":"spent-convictions-regulations-2011","name":"Spent Convictions Regulations 2011","slug":"spent-convictions-regulations-2011","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237366,"registerId":"sa-spent-convictions-regulations-2011-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Spent Convictions Regulations 2011","content":"South Australia\nSpent Convictions Regulations 2011\nunder the Spent Convictions Act 2009\n\nContents\n1\tShort title\n3\tInterpretation\n4\tDeclaration of corresponding laws (section 3 of Act)\n4AA\tDefinition of designated sex-related offence (section 3 of Act)\n4A\tDefinition of justice agency (section 3 of Act)\n5\tDefinition of sex offence (section 3 of Act)\n5A\tApplications to qualified magistrates\n5AA\tPrescribed exclusions (Schedule 1 clause a1 of Act)\n5B\tPrescribed exclusions (Schedule 1 clause 9A of Act)\n6\tPrescribed exclusions (Schedule 1 clause 14 of Act)\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Spent Convictions Regulations 2011.\n3—Interpretation\nIn these regulations—\nAct means the Spent Convictions Act 2009.\n4—Declaration of corresponding laws (section 3 of Act)\nFor the purposes of the definition of corresponding law in section 3(1) of the Act, the following laws are declared to be corresponding laws:\nAnnulled Convictions Act 2003 of Tasmania\nCrimes Act 1914 of the Commonwealth\nCriminal Law (Historical Homosexual Convictions Expungement) Act 2017 of Queensland\nCriminal Law (Rehabilitation of Offenders) Act 1986 of Queensland\nCriminal Records Act 1991 of New South Wales\nCriminal Records (Spent Convictions) Act 1992 of the Northern Territory\nExpungement of Historical Homosexual Offence Records Act 2018 of the Northern Territory\nExpungement of Historical Offences Act 2017 of Tasmania\nHistorical Homosexual Convictions Expungement Act 2018 of Western Australia\nSentencing Act 1991 of Victoria (Part 8)\nSpent Convictions Act 1988 of Western Australia\nSpent Convictions Act 2000 of the Australian Capital Territory.\n4AA—Definition of designated sex-related offence (section 3 of Act)\nFor the purposes of paragraph (c)(iii) of the definition of designated sex-related offence in section 3(1) of the Act, an offence against section 23(2) (gross indecency) of the Summary Offences Act 1953 is prescribed.\n4A—Definition of justice agency (section 3 of Act)\nFor the purposes of the definition of justice agency in section 3(1) of the Act, the following persons and bodies are brought within the ambit of that definition:\n\t(a)\tthe Registrar of Firearms;\n\t(b)\tthe Licensing Court of South Australia;\n\t(c)\tthe Liquor and Gambling Commissioner;\n\t(d)\tthe Commissioner for Consumer Affairs.\n5—Definition of sex offence (section 3 of Act)\nFor the purposes of the definition of sex offence in section 3(1) of the Act, the following are prescribed as sex offences:\n\t(a)\tan offence against—\n\t(i)\tPart 3 Division 11 (rape and other sexual offences); or\n\t(ii)\tPart 3 Division 11A (child pornography and related offences); or\n\t(iii)\tPart 3 Division 12 (commercial sexual offences and related offences); or\n\t(iv)\tPart 3 Division 13 (miscellaneous sexual offences),\nof the Criminal Law Consolidation Act 1935;\n\t(b)\tan offence against section 23(2) (gross indecency) of the Summary Offences Act 1953;\n\t(c)\tan offence that is substantially similar to an offence referred to in paragraph (a) or (b), being an offence against a corresponding previous enactment;\n\t(d)\tan offence constituted of aiding, abetting, counselling or procuring an offence referred to in a preceding paragraph.\n5A—Applications to qualified magistrates\n\t(1)\tThis regulation applies in relation to—\n\t(a)\tan application under section 8A of the Act; and\n\t(ab)\tan application under section 8B of the Act; and\n\t(ac)\tan application under section 8C of the Act; and\n\t(b)\tan application under section 13A of the Act.\n\t(2)\tAn application under section 8A of the Act must set out or include—\n\t(a)\tthe applicant's full name, date of birth, address and contact details; and\n\t(b)\tdetails about the eligible sex offence to which the application relates, including—\n\t(i)\tthe statutory provision that constitutes the offence; and\n\t(ii)\tthe name of the court where the conviction for the offence was recorded; and\n\t(iii)\tthe date on which the conviction was recorded; and\n\t(c)\ta copy of any transcript or sentencing remarks made in connection with the conviction that are in the possession of the applicant; and\n\t(d)\tany information that the applicant would like to submit in support of the application with respect to—\n\t(i)\tthe circumstances and seriousness of the offence; and\n\t(ii)\tthe circumstances of the applicant; and\n\t(iii)\tany other matter that the applicant considers relevant under section 8A(5) of the Act; and\n\t(e)\twhere an application under section 8A of the Act in respect of the conviction has been previously refused—\n\t(i)\tthe date on which the application was made; and\n\t(ii)\tthe date on which the application was refused; and\n\t(iii)\tany information that the applicant considers is relevant in the circumstances.\n\t(2a)\tAn application under section 8B of the Act must set out or include—\n\t(a)\tthe applicant's full name, date of birth, address and contact details; and\n\t(b)\tif the applicant is not the convicted person—\n\t(i)\tthe convicted person's full name, date of birth and address (if applicable); and\n\t(ii)\tthe applicant's entitlement under section 8B(2)(b) of the Act to make the application; and\n\t(c)\tdetails about the designated sex-related offence to which the application relates, including—\n\t(i)\tidentification of the offence (such as the statutory provision, the common law offence or other description); and\n\t(ii)\tthe name of the court where the conviction for the offence was recorded; and\n\t(iii)\tthe date on which the conviction was recorded; and\n\t(d)\ta copy of any transcript or sentencing remarks made in connection with the conviction that are in the possession of the applicant; and\n\t(e)\tany information that the applicant would like to submit in support of the application with respect to—\n\t(i)\tthe conduct engaged in by the convicted person; and\n\t(ii)\tany grounds on which the applicant contends that the 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; and\n\t(iii)\tany other matter that the applicant considers relevant under section 8B(5) of the Act.\n\t(2b)\tAn application under section 8C of the Act must set out or include—\n\t(a)\tthe applicant's full name, date of birth, address and contact details; and\n\t(b)\tif the applicant is not the convicted person—\n\t(i)\tthe convicted person's full name, date of birth and address (if applicable); and\n\t(ii)\tthe applicant's entitlement under section 8C(2)(b) of the Act to make the application; and\n\t(c)\tdetails about the prescribed public decency offence to which the application relates, including—\n\t(i)\tidentification of the offence (such as the statutory provision, the common law offence or other description); and\n\t(ii)\tthe name of the court where the conviction for the offence was recorded; and\n\t(iii)\tthe date on which the conviction was recorded; and\n\t(d)\ta copy of any transcript or sentencing remarks made in connection with the conviction that are in the possession of the applicant; and\n\t(e)\tany information that the applicant would like to submit in support of the application with respect to—\n\t(i)\tthe conduct engaged in by the convicted person; and\n\t(ii)\twhether the convicted person would not have been charged with the offence but for the fact that the conduct engaged in, or constituting the offence, was suspected of being, or being connected to, homosexual activity; and\n\t(iii)\twhether the conduct of 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; and\n\t(iv)\tany other matter that the applicant considers relevant under section 8C(6) of the Act.\n\t(3)\tAn application under section 13A of the Act must set out or include—\n\t(a)\tthe applicant's full name, date of birth, address and contact details; and\n\t(b)\tdetails about the offence to which the application relates, including—\n\t(i)\tthe statutory provision that constitutes the offence; and\n\t(ii)\tthe name of the court where the conviction for the offence was recorded; and\n\t(iii)\tthe date on which the conviction was recorded; and\n\t(iv)\tthe date on which the conviction for the offence became spent; and\n\t(c)\ta copy of any transcript or sentencing remarks made in connection with the conviction that are in the possession of the applicant; and\n\t(d)\tany information that the applicant would like to submit in support of the application with respect to—\n\t(i)\tthe circumstances and seriousness of the offence; and\n\t(ii)\tthe circumstances of the applicant; and\n\t(iii)\tany other matter that the applicant considers relevant under section 13A(6) of the Act; and\n\t(e)\twhere an application under section 13A of the Act in respect of the offence has been previously refused—\n\t(i)\tthe date on which the application was made; and\n\t(ii)\tthe date on which the application was refused; and\n\t(iii)\tany information that the applicant considers is relevant in the circumstances.\n\t(4)\tAn application to which this regulation relates must comply with any other requirement as to the form of the application specified by the Chief Magistrate.\n5AA—Prescribed exclusions (Schedule 1 clause a1 of Act)\nFor the purposes of Schedule 1 clause a1(4) of the Act, the exclusions set out in the following clauses of Schedule 1 of the Act do not apply in relation to a finding (as constituting a conviction for the purposes of the Act) that is taken to be immediately spent under section 4(1a) of the Act:\n\t(a)\tclauses 2, 5 and 9;\n\t(b)\tclauses 10 to 13 (inclusive).\n5B—Prescribed exclusions (Schedule 1 clause 9A of Act)\n\t(1)\tFor the purposes of Schedule 1 clause 9A(1)(a) of the Act, the following circumstances are prescribed:\n\t(a)\tin relation to the performance of a function or the exercise of a power by the central assessment unit—\n\t(i)\tconducting a working with children check under the Child Safety (Prohibited Persons) Act 2016; or\n\t(ii)\tconducting a screening check, or an NDIS worker check clearance or exclusion, under the Disability Inclusion Act 2018; or\n\t(iii)\tundertaking an assessment of a person's relevant history within the meaning of the Disability Services Act 1993 (whether under section 5B or 5C of that Act or otherwise);\n\t(b)\tin relation to the performance of a function or the exercise of a power by a prescribed screening unit that is an interstate screening unit—undertaking an assessment of information (as authorised or required under a law of another State or Territory, or of the Commonwealth) about a person for the purpose of determining whether the person may, if appointed to, or engaged to act in, a position, pose a risk to the safety of children or persons with disability;\n\t(c)\tin relation to the assessment of a person's criminal record check conducted by the Teachers Registration Board under Part 5 of the Teachers Registration and Standards Act 2004 for the purpose of determining whether the person is eligible for registration as a teacher under that Part;\n\t(d)\tin relation to the assessment of a person's criminal record check conducted by the Teachers Registration Board under Part 6 of the Teachers Registration and Standards Act 2004 for the purpose of determining whether the person is to be granted a special authority under that Part;\n\t(e)\tin relation to investigations or inquiries conducted by the Teachers Registration Board under Part 7 of the Teachers Registration and Standards Act 2004 into a teacher's conduct or capacity to teach for the purpose of determining whether action should be taken in relation to the teacher under that Part.\n\t(2)\tFor the purposes of Schedule 1 clause 9A(1)(b) of the Act, the following circumstances are prescribed:\n\t(a)\tcircumstances related to a working with children check of a person under the Child Safety (Prohibited Persons) Act 2016;\n\t(b)\tcircumstances related to a screening check, or NDIS worker check clearance or exclusion, of a person under the Disability Inclusion Act 2018;\n\t(c)\tcircumstances related to an assessment of a person's relevant history within the meaning of the Disability Services Act 1993 (whether under section 5B or 5C of that Act or otherwise);\n\t(3)\tFor the purposes of the definition of prescribed screening unit in Schedule 1 clause 9A(4) of the Act, the following entities are prescribed:\n\t(a)\tthe central assessment unit;\n\t(b)\tan interstate screening unit;\n\t(c)\tthe Teachers Registration Board established under the Teachers Registration and Standards Act 2004.\n\t(4)\tIn this regulation—\ncentral assessment unit means the central assessment unit established under the Child Safety (Prohibited Persons) Act 2016;\ninterstate screening unit means a person or body performing functions under a law of the Commonwealth, or another State or Territory, corresponding to the functions of the central assessment unit under the Child Safety (Prohibited Persons) Act 2016, the Disability Inclusion Act 2018 or the Disability Services Act 1993.\n6—Prescribed exclusions (Schedule 1 clause 14 of Act)\n\t(1)\tSections 10, 11 and 12 of the Act do not apply in relation to a person employed, or seeking employment, as a protective security officer under the Protective Security Act 2007 (except in relation to a person in respect of whom a finding or conviction has been taken to be an immediately spent conviction).\n\t(2)\tIf conduct that was the subject of a person's immediately spent conviction constituted a breach of the person's employment conditions, section 10 of the Act does not, for the prescribed period, operate to prevent—\n\t(a)\twhere the employer with whom the person was employed at the time the conduct occurred is still the employer of the person—the employer from having regard to the immediately spent conviction—\n\t(i)\tfor the purposes described in section 10(c); or\n\t(ii)\tas a proper ground for the taking of an action described in section 10(d); or\n\t(b)\tthe employer with whom the person was employed at the time the conduct occurred (whether still the employer of the person or not) from disclosing the immediately spent conviction to a prospective employer of the person in the context of providing a reference (however described); or\n\t(c)\ta prospective employer of the person from regarding the immediately spent conviction as a proper ground for the taking of an action described in section 10(d).\n\t(3)\tA reference in subregulation (2) to a person being employed will be taken to include a reference to a person who—\n\t(a)\tcarries out work under a contract for services; and\n\t(b)\tundertakes practical training as part of an educational or vocational course,\nand a reference to employer and employment is to be construed accordingly.\n\t(4)\tIn this regulation—\nemployment condition includes any condition or requirement breach of which would constitute grounds for the taking of an action described in section 10(d) of the Act (including, to avoid doubt, a requirement to observe a code of conduct);\nimmediately spent conviction means—\n\t(a)\ta finding (constituting a conviction for the purposes of the Act) that is taken to be immediately spent under section 4(1a) of the Act; or\n\t(b)\ta conviction for an offence that is taken to be immediately spent under section 6(4) of the Act;\nprescribed period, in relation to an immediately spent conviction referred to in this regulation, means—\n\t(a)\tif the relevant finding or conviction is in relation to 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 day on which the finding or conviction is taken to be immediately spent.\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 these regulations (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 regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2011\n14\nGazette 10.2.2011 p463 \n13.2.2011: r 2\n2011\n30\nGazette 29.4.2011 p1290\n29.4.2011: r 2\n2013\n32\nGazette 2.5.2013 p1395\n5.5.2013: r 2\n2014\n59\nGazette 13.2.2014 p958\n16.2.2014: r 2\n2015\n249\nGazette 17.12.2015 p5272\n17.12.2015: r 2\n2018\n204\nGazette 23.8.2018 p3177\n23.8.2018: r 2\n2019\n205\nGazette 29.8.2019 p3156\n29.8.2019: r 2\n2019\n227\nGazette 31.10.2019 p3624\n9.12.2019: r 2\n2021\n38\nGazette 8.4.2021 p1133\n12.4.2021: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n29.4.2011\nr 4\nvaried by 38/2021 r 4(1), (2)\n12.4.2021\nr 4AA\ninserted by 38/2021 r 5\n12.4.2021\nr 4A\ninserted by 30/2011 r 4\n29.4.2011\n\nsubstituted by 249/2015 r 4\n17.12.2015\nr 5A\ninserted by 32/2013 r 4\n5.5.2013\nr 5A(1)\nvaried by 38/2021 r 6(1)\n12.4.2021\nr 5A(2a) and (2b)\ninserted by 38/2021 r 6(2)\n12.4.2021\nr 5AA\ninserted by 227/2019 r 4\n9.12.2019\nr 5B\ninserted by 59/2014 r 4\n16.2.2014\nr 5B(1)\nvaried by 204/2018 r 4(1)\n23.8.2018\n\nvaried by 205/2019 r 4(1), (2)\n29.8.2019\nr 5B(2)\nvaried by 205/2019 r 4(3)\n29.8.2019\nr 5B(3)\nvaried by 204/2018 r 4(2)\n23.8.2018\n\nvaried by 205/2019 r 4(4)\n29.8.2019\nr 5B(4)\ninserted by 205/2019 r 4(5)\n29.8.2019\nr 6\nsubstituted by 227/2019 r 5\n9.12.2019\nHistorical versions\n29.4.2011\n\n5.5.2013\n\n16.2.2014\n\n17.12.2015\n\n23.8.2018\n\n29.8.2019\n\n9.12.2019\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations have grown significantly beyond simple administrative support for the parent Act. Originally likely focused on basic definitions and corresponding laws, the instrument has expanded to include: (1) detailed application procedures for three distinct types of historical offence expungement applications (sections 8A, 8B, 8C) added progressively from 2013-2021; (2) complex screening and disclosure exceptions for child safety and disability services added 2014-2019; and (3) special rules for protective security officers added in 2019. The scope has shifted from passive definitions to active regulatory frameworks governing sensitive employment sectors."},"complexity_factors":["Multiple application pathways with distinct documentary requirements (regulation 5A has four separate application types with overlapping but distinct requirements)","Extensive cross-referencing to the parent Act and other legislation (Child Safety (Prohibited Persons) Act 2016, Disability Inclusion Act 2018, Teachers Registration and Standards Act 2004, etc.)","Nested conditional logic in regulation 6 regarding 'immediately spent convictions' and employment conditions","Defined terms within defined terms (e.g., 'prescribed screening unit' defined by reference to 'central assessment unit' and 'interstate screening unit')","Temporal conditions ('prescribed period' of 5 or 10 years depending on offence type)","Multiple amendment layers visible in legislative history (10 variations since 2011) indicating evolving scope"],"plain_english_summary":"These regulations operate under South Australia's Spent Convictions Act 2009, which is the law that lets old minor criminal convictions become 'spent' (meaning they don't have to be disclosed and generally can't be held against you).\n\n**What these regulations do:**\n\n*   **Define key terms** for the main Act — they spell out exactly what counts as a 'sex offence' or 'designated sex-related offence', and which government bodies count as 'justice agencies' (like the Firearms Registrar and Liquor and Gambling Commissioner).\n\n*   **Recognise other states' laws** — they list equivalent spent convictions laws from every other Australian jurisdiction (Tasmania, Commonwealth, Queensland, NSW, NT, Victoria, WA, ACT). This matters because a conviction spent under another state's law is generally treated as spent in SA too.\n\n*   **Set out application requirements** — they specify what information people must include when applying to a magistrate to have certain convictions spent, including:\n    *   Eligible sex offences (where someone can apply to have the conviction spent despite it normally being excluded)\n    *   Designated sex-related offences (historical offences that wouldn't be crimes today)\n    *   Prescribed public decency offences (historical homosexual conduct offences)\n    *   Spent convictions that need to be disclosed for particular purposes\n\n*   **Create exceptions to the 'spent' rules** — they specify situations where even spent convictions can be disclosed or considered:\n    *   For working with children checks, disability worker screening, and teacher registration\n    *   For protective security officers (like security guards at government buildings)\n    *   Where an employer discovers an employee breached conditions that led to an immediately spent conviction\n\n**Who it affects:**\n\n*   People with old criminal convictions seeking to have them declared 'spent'\n*   Employers conducting background checks, particularly in child-related work, disability services, teaching, and security\n*   Government agencies doing screening and assessment work\n\n**Why it matters:**\n\nThese regulations fill in the practical details that make the Spent Convictions Act work. Without them, there would be no clear process for applying to have convictions spent, no clarity on which other states' laws are recognised, and no guidance on when spent convictions can still be considered for sensitive employment roles. The regulations balance giving people a fresh start with protecting vulnerable groups (children and people with disability) and maintaining security standards."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These regulations implement and clarify the Spent Convictions Act 2009 rather than expanding its substantive purpose. They define key terms, prescribe which interstate and Commonwealth laws are treated as corresponding, list particular offences and agencies, set out required application content, and specify narrow exclusions where spent‑conviction protections do not apply. Those are implementation and definitional refinements within the Act’s original framework rather than a significant enlargement of scope."},"complexity_factors":["Multiple cross‑references to the Spent Convictions Act 2009 (Act) throughout the regulations (regs 4, 4AA, 4A, 5, 5A, 5AA, 5B, 6).","Regulation 5A sets detailed, distinct content requirements for four separate application types (sections 8A, 8B, 8C, 13A of the Act) with slightly different sub‑clauses (nested subsections 2, 2a, 2b, 3).","Several prescribed‑exclusion provisions refer to specific Schedule clauses of the Act (regs 5AA, 5B, 6) creating layered dependencies.","Reg 4 lists 13 external laws as \"corresponding laws\", increasing cross‑jurisdictional complexity and the need for substantial‑similarity inquiries (reg 5(c)).","Multiple defined terms and local definitions within regs (e.g. central assessment unit, interstate screening unit, immediately spent conviction, prescribed period) require reconciliation with Act definitions (reg 5B(4); reg 6(4)).","Conditional exclusions with time limits and role‑specific carve‑outs (eg protective security officers, prescribed periods of 5 or 10 years in reg 6(4)) add complexity through exceptions to exceptions.","Delegation of form requirements to the Chief Magistrate (reg 5A(4)) adds an external administrative variable not contained in the regs themselves.","Amendment history shows several insertions and substitutions (regs 4AA, 4A, 5A, 5AA, 5B, 6) increasing interpretive load for users comparing versions."],"plain_english_summary":"**What these regulations do (mechanically)**\n\n- The Spent Convictions Regulations 2011 fill out how the Spent Convictions Act 2009 operates in South Australia by:\n  - specifying which other laws count as \"corresponding laws\" for cross‑jurisdiction recognition (reg 4);\n  - prescribing particular offences as \"sex offences\" or \"designated sex‑related offences\" for the Act's purposes (regs 4AA, 5);\n  - listing certain government bodies and decision‑makers as \"justice agencies\" who may access conviction information (reg 4A);\n  - setting out what must be contained in applications to qualified magistrates under several sections of the Act (reg 5A);\n  - prescribing particular circumstances and bodies for certain exclusions where spent‑conviction protections do not apply (regs 5AA, 5B, 6).\n\n- The regulations therefore do not change the high‑level rule in the Act (that some convictions become \"spent\" and generally need not be disclosed), but they specify:\n  - which convictions are treated as sex offences or eligible for special handling (regs 4AA, 5);\n  - which bodies count as justice agencies with access to records (reg 4A);\n  - the information an applicant must provide when asking a magistrate to make a spent‑conviction order (reg 5A);\n  - narrow situations in which the statutory shield of a spent conviction does not apply (regs 5AA, 5B, 6), for example in certain child‑safety and disability‑screening checks and in certain protective‑security employment contexts.\n\n**Who is affected**\n\n- People with past convictions who want those convictions to be treated as \"spent\" (applicants and convicted persons): reg 5A sets the documentary and factual requirements they must supply.\n- Qualified magistrates and the court system: they receive and decide on applications made under the Act, now with a prescribed minimum content (reg 5A(4) also allows the Chief Magistrate to specify form requirements).\n- Certain government agencies and regulators listed as \"justice agencies\" (Registrar of Firearms; Licensing Court; Liquor and Gambling Commissioner; Commissioner for Consumer Affairs) who may lawfully request conviction information (reg 4A).\n- Screening bodies for child safety, disability services and teacher registration, and interstate equivalents: regs 5B and 5B(3) identify them and prescribe when spent‑conviction protections do not prevent those checks.\n- Employers and prospective employers in protective security roles: reg 6 excludes the operation of sections 10–12 of the Act for such roles and allows certain uses or disclosures of immediately spent convictions for specified periods.\n\n**Why it matters (stated purpose and how it works in practice)**\n\n- The stated purpose is to implement the Spent Convictions Act by defining key terms, identifying corresponding interstate and Commonwealth laws, and setting procedural and exclusion rules so the statutory scheme can be operated consistently (see regs 4, 4AA, 5, 5A, 5B, 6).\n\n- Practical effects and trade‑offs:\n  - Benefit to applicants: clear checklist (reg 5A) reduces uncertainty about what to file when seeking spent status or relief under specified Act provisions.\n  - Administrative cost: applicants must gather and submit court transcripts, sentencing remarks and prior application history where relevant (reg 5A(2)(c),(e); 5A(3)(c),(e)). That imposes a time/cost burden on applicants and on court staff who process and assess applications.\n  - Concentrated administrative burdens fall on magistrates and the Chief Magistrate (who may set forms) and on named screening units which will need to interpret exclusions (reg 5A(4); reg 5B(3)).\n  - Narrow public‑safety or employment exceptions: spent‑conviction protections are limited in specific screening contexts (child safety, disability, teacher registration) and for protective security employment (regs 5B and 6). Those exclusions mean some convictions remain usable by particular agencies for safety‑sensitive decisions despite otherwise being spent.\n  - Cross‑jurisdictional coordination: declaring a list of corresponding laws (reg 4) creates a mechanical pathway for recognising spent or expunged records from other jurisdictions, but it depends on matching offence definitions in practice (see reg 5(c) about substantial similarity).\n\n**Who pays and who decides**\n\n- Applicants bear direct costs of compiling evidence (transcripts, dates, prior refusal details) required by reg 5A and may need legal assistance.\n- State agencies (courts, central assessment units, screening bodies, Teachers Registration Board) absorb administrative costs to process applications and apply exclusions prescribed in regs 5B and 6.\n- Qualified magistrates decide applications; the Chief Magistrate can require form compliance (reg 5A(4)).\n\n**Implementation risks and behavioural effects**\n\n- Risk of form‑compliance failures leading to rejected or delayed applications if applicants do not supply required documents (reg 5A).\n- Agencies performing safety screening will continue to receive conviction information in prescribed circumstances, so employers and screening bodies retain discretion to act on older records for safety‑sensitive roles (regs 5B, 6). That may discourage applications in some cases where protections are limited.\n- Declaring corresponding laws (reg 4) reduces legal uncertainty across jurisdictions but requires accurate factual matching between historical offences and current definitions (reg 5(c) and 5(d)).\n\n**References to the regulations**\n- Definitions and corresponding laws: reg 3 (Act defined); reg 4 (corresponding laws); regs 4AA, 5 (sex offences, designated sex‑related offence);\n- Who counts as a justice agency: reg 4A;\n- Application content and form: reg 5A;\n- Prescribed exclusions and screening contexts: regs 5AA, 5B, 6 (including prescribed periods for immediately spent convictions in reg 6(4))."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislation text was not successfully retrieved. The page returned was a 404 error from the South Australian legislation website, not the content of the Spent Convictions Regulations 2011."},"complexity_factors":["No legislative text was retrieved — only a website error page was provided, making substantive legal analysis impossible","The underlying subject matter (spent convictions regulations) is moderately technical but generally well-understood in Australian law","Regulations of this type typically involve cross-referencing with their parent Act, adding a layer of complexity, but this cannot be assessed without the actual text"],"plain_english_summary":"The Spent Convictions Regulations 2011 sit under South Australia’s Spent Convictions Act 2009 and set out the technical rules for when old or minor convictions become “spent,” so they generally need not be disclosed and cannot be used against a person. This matters for people seeking employment, housing or licences and for employers and licensing bodies assessing disclosure.\n\nNote: the Regulations’ actual text could not be retrieved from the provided link (404), so no detailed provisions are available here."}},"importantCases":[],"_links":{"self":"/api/acts/spent-convictions-regulations-2011","history":"/api/acts/spent-convictions-regulations-2011/history","analysis":"/api/acts/spent-convictions-regulations-2011/analysis","conflicts":"/api/acts/spent-convictions-regulations-2011/conflicts","importantCases":"/api/acts/spent-convictions-regulations-2011/important-cases","documents":"/api/acts/spent-convictions-regulations-2011/documents"}}