{"id":"sr:spent-convictions-regulations-2021","name":"Spent Convictions Regulations 2021","slug":"spent-convictions-regulations-2021","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185930,"registerId":"vic-sr:spent-convictions-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Spent Convictions Regulations 2021","content":"Version No. 003\n\n**Spent Convictions Regulations 2021**\n\n**S.R. No. 146/2021**\n\nVersion incorporating amendments as at  \n30 September 2025\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 2\n\n3 Commencement 2\n\n4 Definitions 2\n\n5 Use of criminal record information by specified persons and bodies 3\n\n5A Use of criminal record information for licensing and registration 5\n\n5B Use of criminal record information by specified persons and bodies performing a function of another person or body 6\n\n6 Disclosure of criminal record information by Transport Secretary or relevant person—specified functions under Road Safety Act 1986 7\n\n7 Disclosure of criminal record information by Transport Secretary or relevant person—exceptional circumstances under Road Safety Act 1986 10\n\n8 Disclosure of criminal record information by Transport Secretary or relevant person—verification of information under Road Safety Act 1986 10\n\n9 Content of application for a spent conviction order 11\n\n10 Prescribed information 11\n\n11 Copy of application to be sealed 12\n\n12 Disclosures to which section 24A(1) and (2) do not apply 12\n\n13 Uses of spent childhood conviction information to which section 24C(1) does not apply—civil or criminal proceedings 13\n\n14 Uses of spent childhood conviction information to which section 24D(1) does not apply 14\n\n15 Form of disclosure of spent childhood conviction 15\n\nForm 1—Notice of spent childhood conviction 16\n\n═════════════\n\nEndnotes 18\n\n1 General information 18\n\n2 Table of Amendments 20\n\n3 Explanatory details 21\n\n**Version No.** **003**\n\n**Spent Convictions Regulations 2021**\n\n**S.R. No. 146/2021**\n\nVersion incorporating amendments as at  \n30 September 2025\n\nReg. 1 substituted by S.R. No. 49/2022 reg. 5, amended by S.R. No. 78/2025 reg. 5(a).\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe—\n\nReg. 1(a) amended by S.R. No. 78/2025 reg. 5(b).\n\n(a) additional persons and bodies to whom spent convictions or information contained in criminal records may be disclosed; and\n\nReg. 1(b) amended by S.R. No. 78/2025 reg. 5(b)(c).\n\n(b) the content and process for applications to the Magistrates' Court for a spent conviction order; and\n\nReg. 1(c) inserted by S.R. No. 78/2025 reg. 5(d).\n\n(c) disclosures to which section 24A of the **Spent Convictions Act 2021** does not apply; and\n\nReg. 1(d) inserted by S.R. No. 78/2025 reg. 5(d).\n\n(d) uses of information to which sections 24C and 24D of the **Spent Convictions Act 2021** do not apply; and\n\nReg. 1(e) inserted by S.R. No. 78/2025 reg. 5(d).\n\n(e) the form in which notice of a spent childhood conviction under section 24A(2) of the **Spent Convictions Act 2021** must be given.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 26 of the **Spent Convictions Act 2021**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 December 2021.\n\n\t4 Definitions\n\nIn these  Regulations—\n\n***local council*** means a Council within the meaning of the **Local Government Act 2020**;\n\nReg. 4 def. of *national police check* inserted by S.R. No. 49/2022 reg. 6.\n\n***national police check*** means a search of the records held by Victoria Police, the police forces and services of other States and Territories and the Australian Federal Police to determine the criminal history of a person;\n\nReg. 4 def. of *Roads Corporation* revoked by S.R. No. 78/2025 reg. 6(1).\n\n* * * * *\n\nReg. 4 def. of *Service Victoria* inserted by S.R. No. 49/2022 reg. 6.\n\n***Service Victoria***  has the same meaning as in the **Service Victoria Act 2018**;\n\nReg. 4 def. of *Service Victoria CEO* inserted by S.R. No. 49/2022 reg. 6.\n\n***Service Victoria CEO*** has the same meaning as in the **Service Victoria Act 2018**;\n\n***the Act***  means the **Spent Convictions Act 2021**;\n\nReg. 4 def. of *Transport Secretary* inserted by S.R. No. 78/2025 reg. 6(2).\n\n***Transport Secretary*** means the Secretary to the Department of Transport and Planning;\n\n***vehicle*** has the same meaning as in the **Road Safety Act 1986**.\n\n\t5 Use of criminal record information by specified persons and bodies\n\nA law enforcement agency may disclose a spent conviction as part of the disclosure of the criminal record of a person, or information contained in the criminal record of a person, to a person or body specified in column 1 of the Table at the foot of this regulation if—\n\n(a) that person or body is obtaining the criminal record, or information contained in the criminal record, in the performance of a function specified in respect of that person or body in column 2 of the Table; and\n\n(b) that function is performed under a law specified in respect of that function in column 3 of the Table.\n\nReg. 5 (Table 1) amended by S.R. No. 49/2022 reg. 7.\n\n**Table 1—Specified disclosures**\n\n| *Column 1* | *Column 2* | *Column 3* |\n| --- | --- | --- |\n| Public body of another State or a Territory that corresponds to the Department of Justice and Community Safety | National Disability Insurance Scheme worker screening or working with children worker screening | An interstate law that corresponds (or most closely corresponds) to the **Worker Screening Act 2020** | |\n| Disability Worker Registration Board of Victoria established under section 8 of the **Disability Service Safeguards Act 2018** | Information sharing as an information sharing entity | **Child Wellbeing and Safety Act 2005**<br>**Family Violence Protection Act 2008** | |\n| Juries Commissioner within the meaning of the **Juries Act 2000** | Determining a person's qualification for jury service | **Juries Act 2000** | |\n| Principal officer of an Aboriginal agency acting under section 18 of the **Children, Youth and Families Act 2005** | Assessment of a person to provide care to a child | **Children, Youth and Families Act 2005** | |\n| Regulatory Authority within the meaning of the **Children's Services Act 1996** | Determining whether a person is (or continues to be) a fit and proper person to be involved in the provision of a children's service | **Children's Services Act 1996** | |\n| Regulatory Authority within the meaning of the Education and Care Services National Law (Victoria) | Determining whether a person is (or continues to be) a fit and proper person to be involved in the provision of an education and care service | Education and Care Services National Law (Victoria) | |\n| Secretary to the Department of Justice and Community Safety | Appointment of a judicial officer or appointment of a Tribunal member | **County Court Act 1958**<br>**Constitution Act 1975**<br>**Supreme Court Act 1986**<br>**Magistrates' Court Act 1989**<br>**Victorian Civil and Administrative Tribunal Act 1998**<br>**Children, Youth and Families Act 2005**<br>**Coroners Act 2008** | |\n| Secretary to the Department of Justice and Community Safety | Approval of a person to adopt a child | **Adoption Act 1984** | |\n| Secretary to the Department of Justice and Community Safety | National Disability Insurance Scheme worker screening or working with children worker screening | **Worker Screening Act 2020** | |\n| Victorian Commission for Gambling and Liquor Regulation | Liquor licensing and regulation of liquor licensees and associates | **Liquor Control Reform Act 1998** | |\n| Victorian Disability Worker Commissioner | Regulation of unregistered disability workers | **Disability Service Safeguards Act 2018** | |\n| Victorian Disability Worker Commission established under section 21(1) of the **Disability Service Safeguards Act 2018** | Information sharing as an information sharing entity | **Child Wellbeing and Safety Act 2005**<br>**Family Violence Protection Act 2008** | |\n| Victorian Legal Services Board, or the Victorian Bar in accordance with authority conferred by the Victorian Legal Services Board to perform delegated functions | Regulation of the Australian legal profession in Victoria | **Legal Profession Uniform Law Application Act 2014** | |\n| Victorian Legal Services Commissioner | Regulation of the Australian legal profession in Victoria | **Legal Profession Uniform Law Application Act 2014** | |\n| Firearms Appeals Committee established under Part 9 of the **Firearms Act 1996** | Reviewing a decision of the Chief Commissioner of Police | **Firearms Act 1996** | |\n\n\nReg. 5A inserted by S.R. No. 49/2022 reg. 8.\n\n\t5A Use of criminal record information for licensing and registration\n\nA law enforcement agency may disclose a spent conviction as part of the disclosure of the criminal record of a person, or information contained in the criminal record of a person, to a person or body that is authorised to perform a licensing or registration function (however described) under any Act if—\n\n(a) the person or body is obtaining the criminal record, or information contained in the criminal record, in the performance of the licensing or registration function under that Act; and\n\n(b) in relation to that function, a person or entity is automatically disqualified or ineligible for the licence or registration (however described) if the person, or an officer of the person or entity, is convicted or found guilty of an offence in relation to which a conviction may be spent under the Act.\n\nReg. 5B inserted by S.R. No. 49/2022 reg. 8.\n\n\t5B Use of criminal record information by specified persons and bodies performing a function of another person or body\n\n(1) A law enforcement agency may disclose a spent conviction as part of the disclosure of the criminal record of a person, or information contained in the criminal record of a person, to a person or body specified in subregulation (2) (the ***specified person or body***) if—\n\n(a) the specified person or body is obtaining the criminal record, or information contained in the criminal record, in the performance of a function—\n\n(i) that another person or body has transferred or delegated to the specified person or body in accordance with the Act under which the specified person or body or the other person or body performs the function; or\n\n(ii) that another person or body, in accordance with the Act under which the specified person or body or the other person or body performs the function, has agreed in writing or authorised that the specified person or body is to perform the function; or\n\n(iii) that the specified person or body is directed to perform in accordance with the Act under which the specified person or body or another person or body performs the function; and\n\n(b) a law enforcement agency may, during the disclosure of a criminal record or information contained in a criminal record, disclose a spent conviction to a person or body under section 22 of the Act or these Regulations for the purposes of performing that function.\n\n(2) The following persons and bodies are specified—\n\n(a) the Director within the meaning of the **Australian Consumer Law and Fair Trading Act 2012**;\n\n(b) Service Victoria;\n\n(c) the Service Victoria CEO.\n\nReg. 6 (Heading) amended by S.R. No. 78/2025 reg. 7(1).\n\nReg. 6 amended by S.R. No. 78/2025 reg. 7(2).\n\n\t6 Disclosure of criminal record information by Transport Secretary or relevant person—specified functions under Road Safety Act 1986\n\nThe Transport Secretary or a relevant person within the meaning of section 90I of the **Road Safety Act 1986** may disclose a spent conviction as part of the disclosure of the criminal record of a person, or information contained in the criminal record of a person, to a person or body specified in column 1 of the Table at the end of this regulation if—\n\n(a) the disclosure is made under Part 7B of the **Road Safety Act 1986**; and\n\n(b) the disclosure is made for the purposes of performing a function described in the provision specified in column 2 of the Table in respect of that person or body.\n\nReg. 6 (Table 2) amended by S.R. No. 78/2025 reg. 7(3)(4).\n\n**Table 2—Specified disclosures by Transport Secretary or relevant person**\n\n| *Column 1* | *Column 2* |\n| --- | --- |\n| The person to whom the criminal record relates (or their authorised representative)<br>A Department within the meaning of the **Public Administration Act 2004**<br>A public entity within the meaning of the **Public Administration Act 2004**<br>A holder of an authorisation, permission or approval (however described) under section 33 or 50AAE or Part 3A, 5A or 6AB of the **Road Safety Act 1986**<br>A person authorised under regulation 10 or 11 of the Road Safety (Vehicles) Regulations 2021<br>A vehicle manufacturer | Section 90K(a)(i) of the **Road Safety Act 1986** |\n| A person or body that has entered into an information protection agreement with the Transport Secretary under section 90N of the **Road Safety Act 1986** | Section 90K(a)(iii) of the **Road Safety Act 1986** |\n| A person or body that has entered into an information protection agreement with the Transport Secretary under section 90N of the **Road Safety Act 1986** | Section 90K(a)(iv) of the **Road Safety Act 1986** |\n| The Commonwealth Department of Home Affairs<br>A law enforcement agency<br>A corresponding Authority within the meaning of section 3(1) of the **Road Safety Act 1986** | Section 90K(a)(vi) of the **Road Safety Act 1986** |\n| A law enforcement agency<br>A Department within the meaning of the **Public Administration Act 2004**<br>A public entity within the meaning of the **Public Administration Act 2004** | Section 90K(b) of the **Road Safety Act 1986** |\n| The person to whom the criminal record relates (or their authorised representative)<br>A corresponding Authority within the meaning of section 3(1) of the **Road Safety Act 1986**<br>A vehicle insurer<br>A registered operator within the meaning of section 3(1) of the **Road Safety Act 1986**<br>The Transport Accident Commission established under the **Transport Accident Act 1986**<br>A local council | Section 90K(d) of the **Road Safety Act 1986** |\n| A law enforcement agency<br>A court<br>An employer or a prospective employer of the person to whom the criminal record relates |  |\n\n\nNote to reg. 6 revoked by S.R. No. 78/2025 reg. 7(5).\n\n* * * * *\n\nReg. 7 (Heading) amended by S.R. No. 78/2025 reg. 8(1).\n\n\t7 Disclosure of criminal record information by Transport Secretary or relevant person—exceptional circumstances under Road Safety Act 1986\n\nReg. 7(1) amended by S.R. No. 78/2025 reg. 8(2).\n\n(1) The Transport Secretary or a relevant person within the meaning of section 90I of the **Road Safety Act 1986** may disclose a spent conviction as part of the disclosure of the criminal record of a person, or information contained in the criminal record of a person, to a person or body specified in subregulation (2) if the disclosure is made under Part 7B of the **Road Safety Act 1986** for a permitted purpose within the meaning of section 90L of that Act.\n\n(2) The following persons and bodies are specified—\n\n(a) a law enforcement agency;\n\n(b) a Department within the meaning of the **Public Administration Act 2004**;\n\n(c) a public entity within the meaning of the **Public Administration Act 2004**.\n\nReg. 8 (Heading) amended by S.R. No. 78/2025 reg. 9(1).\n\n\t8 Disclosure of criminal record information by Transport Secretary or relevant person—verification of information under Road Safety Act 1986\n\nReg. 8(1) amended by S.R. No. 78/2025 reg. 9(2).\n\n(1) The Transport Secretary or a relevant person within the meaning of section 90I of the **Road Safety Act 1986** may disclose a spent conviction as part of the disclosure of a criminal record of a person, or information contained in the criminal record of a person, to a person or body specified in subregulation (2) if the disclosure is made under Part 7B of the **Road Safety Act 1986** for the purposes of performing a function under section 90M of that Act.\n\n(2) The following persons and bodies are specified—\n\nReg. 8(2)(a) amended by S.R. No. 78/2025 reg. 9(3).\n\n(a) a person or body that has entered into a service agreement referred to in section 90M(2)(a) of the **Road Safety Act 1986** with the Transport Secretary;\n\n(b) a corresponding Authority within the meaning of section 3(1) of the **Road Safety Act 1986**;\n\n(c) an employer or a prospective employer of the person to whom the criminal record relates.\n\nReg. 9 inserted by S.R. No. 49/2022 reg. 9.\n\n\t9 Content of application for a spent conviction order\n\nAn application under section 11(1) of the Act must be accompanied by—\n\n(a) a statement in the form of a signed declaration by the applicant that all information provided in the application form and attached materials is true and correct; and\n\n(b) a national police check dated within 6 months of the date on which the application is made.\n\nReg. 10 inserted by S.R. No. 49/2022 reg. 9.\n\n\t10 Prescribed information\n\nFor the purposes of section 12(1)(d) of the Act, the following is prescribed information—\n\n(a) any conviction the applicant has received during the conviction period;\n\n(b) the date of any previous application for a spent conviction order made by the applicant in relation to the conviction that is the subject of the application;\n\n(c) the applicant's contact information.\n\nReg. 11 inserted by S.R. No. 49/2022 reg. 9.\n\n\t11 Copy of application to be sealed\n\nA copy of an application served on the Chief Commissioner of Police and the Attorney‑General under section 13 of the  Act  must be a copy of the application that is sealed with the seal of the Magistrates' Court.\n\n**Note**\n\nService under section 13 of the Act may be effected electronically—see the **Electronic Transactions (Victoria) Act 2000**.\n\nReg. 12 inserted by S.R. No. 78/2025 reg. 10.\n\n\t12 Disclosures to which section 24A(1) and (2) do not apply\n\nFor the purposes of section 24A(4)(g) of the Act, in relation to a disclosure specified in column 1 of the Table at the end of this regulation—\n\n(a) the person or body specified in column 2 of the Table is prescribed; and\n\n(b) the purpose specified in column 3 of the Table is prescribed.\n\n**Table 3—Disclosures to prescribed persons for prescribed purposes**\n\n| *Column 1* | *Column 2* | *Column 3* |\n| --- | --- | --- |\n| A disclosure under regulation 5 by a law enforcement agency | A public body of another State or a Territory that corresponds to the Department of Justice and Community Safety | National Disability Insurance Scheme worker screening or working with children worker screening under an interstate law that corresponds (or most closely corresponds) to the **Worker Screening Act 2020** |\n|  | The Secretary to the Department of Justice and Community Safety | Approval under the **Adoption Act 1984** of a person to adopt a child |\n|  |  |  |\n| A disclosure under regulation 6 by the Transport Secretary or a relevant person within the meaning of section 90I of the **Road Safety Act 1986** | A corresponding Authority within the meaning of section 3(1) of the **Road Safety Act 1986** | Performing functions under section 90K(a)(vi) or (d) of the **Road Safety Act 1986** |\n|  | A person or body that has entered into an information protection agreement with the Transport Secretary under section 90N of the **Road Safety Act 1986** | Performing functions under section 90K(a)(iii) of the **Road Safety Act 1986** |\n|  | An employer or prospective employer of the person to whom the criminal record relates if that employer or prospective employer resides outside of Victoria | Performing functions under section 90K(d) of the **Road Safety Act 1986** |\n| A disclosure under regulation 8 by the Transport Secretary or a relevant person within the meaning of section 90I of the **Road Safety Act 1986** | A corresponding Authority within the meaning of section 3(1) of the **Road Safety Act 1986** | Performing functions under section 90M of the **Road Safety Act 1986** |\n|  | An employer or prospective employer of the person to whom the criminal record relates if that employer or prospective employer resides outside of Victoria |  |\n\n\nReg. 13 inserted by S.R. No. 78/2025 reg. 10.\n\n\t13 Uses of spent childhood conviction information to which section 24C(1) does not apply—civil or criminal proceedings\n\nFor the purposes of section 24C(2)(d) of the Act, the following purposes are prescribed—\n\n(a) performing a function or duty imposed by, or exercising a power conferred under, a Commonwealth law;\n\n(b) performing a function or duty imposed by, or exercising a power conferred under, the **Adoption Act 1984** in relation to the approval of an applicant for an adoption order;\n\n(c) performing a function or duty imposed by, or exercising a power conferred under, the **Worker Screening Act 2020**.\n\nReg. 14 inserted by S.R. No. 78/2025 reg. 10.\n\n\t14 Uses of spent childhood conviction information to which section 24D(1) does not apply\n\nFor the purposes of section 24D(3)(j) of the Act—\n\n(a) the person or body specified in column 1 of the Table at the end of this regulation is prescribed; and\n\n(b) the purpose specified in column 2 of the Table at the end of this regulation in relation to that person or body is prescribed.\n\n**Table 4—Permitted use of spent childhood conviction information**\n\n| *Column 1* | *Column 2* |\n| --- | --- |\n| A principal officer of an Aboriginal agency acting under section 18 of the **Children, Youth and Families Act 2005** | Assessment of a person to provide care to a child for the purposes of the **Children, Youth and Families Act 2005** |\n| The Secretary to the Department of Families, Fairness and Housing |  |\n| Community services within the meaning of the **Children, Youth and Families Act 2005** |  |\n| The Secretary to the Department of Government Services | National Disability Insurance Scheme worker screening or working with children worker screening for the purposes of the **Worker Screening Act 2020** |\n| The Secretary to the Department of Justice and Community Safety | Approval under the **Adoption Act 1984** of a person to adopt a child |\n| An employer or prospective employer of the person to whom the spent childhood conviction information relates, if the employer or prospective employer resides outside Victoria and received the information under section 90K(d) of the **Road Safety Act 1986** | A purpose for which consent has been given by the person to whom the spent childhood conviction information relates (or their authorised representative) |\n\n\nReg. 15 inserted by S.R. No. 78/2025 reg. 10.\n\n\t15 Form of disclosure of spent childhood conviction\n\nFor the purposes of section 24A(3) of the Act—\n\n(a) the prescribed form is Form 1; and\n\n(b) the prescribed particulars are the particulars set out in Form 1.\n\nForm 1 inserted by S.R. No. 78/2025 reg. 11.\n\nForm 1—Notice of spent childhood conviction\n\nRegulation 15\n\n**Spent Convictions Act 2021**\n\n(Section 24A)\n\n**NOTICE OF SPENT CHILDHOOD CONVICTION**\n\nSection 24A of the **Spent Convictions Act 2021** requires specified persons or bodies who are disclosing a spent childhood conviction or information relating to a spent childhood conviction to give notice of that fact to the person or body to whom the disclosure is being made.\n\nA spent childhood conviction means a conviction imposed on a person at 10 or 11 years of age and spent with immediate effect because of the application of section 7(1)(c) of the **Spent Convictions Act 2021**.\n\nA specified person or body under section 24A(6) of the **Spent Convictions Act 2021** must use this form to provide notice of a spent childhood conviction.\n\n**PART A—NOTICE INFORMATION**\n\nThis form provides notice to a person or body receiving spent conviction information that a spent childhood conviction or information relating to a spent childhood conviction has been identified. The details of the person to whom the spent childhood conviction relates are set out in Part B of this form.\n\nThe **Spent Convictions Act 2021** restricts certain entities from using a person's spent childhood conviction or information relating to a person's spent childhood conviction for the following purposes:\n\n performing a law enforcement function in relation to the person (see section 24B);\n\n assessing the person's character in a civil or criminal proceeding in a way that is adverse to the person (see section 24C);\n\n refusing, revoking, suspending or terminating the accreditation, clearance, employment, licence or registration of the person (see section 24D(1)(a));\n\n refusing, revoking, suspending or terminating any appointment, status or privilege of the person (see section 24D(1)(b)).\n\nUnder section 24E of the **Spent Convictions Act 2021**, it is an offence to use a spent childhood conviction or information relating to a spent childhood conviction in a manner that contravenes section 24B or 24D of that Act, where the person knows that the use of the spent childhood conviction or related information in that manner contravenes sections 24B or 24D.\n\n**PART B—DETAILS**\n\n**Details of person to whom the spent childhood conviction relates**\n\nName: [*name*]\n\nDate of birth: [*dd/mm/yyyy*]\n\nConviction(s): [*title of each conviction that is a spent childhood conviction*]\n\nDate of conviction(s): [*specify date of each spent childhood conviction*]\n\nCourt: [*specify court for each spent childhood conviction*]\n\nAny other relevant details:\n\n[*details*]\n\n**Details of specified person or body disclosing information**\n\nName of specified person or body: [*name*]\n\nDate: [*dd/mm/yyyy*]\n\nPurpose of disclosure: [*details*]\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Spent Convictions Regulations 2021, S.R. No. 146/2021 were made on 30 November 2021 by the Governor in Council under section 26 of the **Spent Convictions Act 2021**, No. 13/2021 and came into operation on 1 December 2021: regulation 3.\n\nThe Spent Convictions Regulations 2021 will sunset 10 years after the day of making on 30 November 2031 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Spent Convictions Regulations 2021 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nSpent Convictions (Court Applications) Amendment Regulations 2022, S.R. No. 49/2022\n\n| *Date of Making:* | 30.6.22 |\n| --- | --- |\n| *Date of Commencement:* | 1.7.22: reg. 3 |\n\n\nSpent Convictions Amendment Regulations 2025, S.R. No. 78/2025\n\n| *Date of Making:* | 26.8.25 |\n| --- | --- |\n| *Date of Commencement:* | 30.9.25: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond the original 2021 version. The 2022 amendments added court application processes, national police check requirements, and Service Victoria provisions. The 2025 amendments substantially broadened the scope to include detailed childhood conviction protections (regulations 12-15), extensive Transport Secretary disclosure powers (regulations 6-8), and complex notification requirements. The original regulations appear to have focused primarily on general disclosure permissions, while subsequent amendments have added specific procedural frameworks for court applications and detailed road safety information sharing schemes."},"complexity_factors":["Multiple cross-referencing tables (Tables 1-4) mapping specific disclosers to specific recipients for specific purposes","Nested conditional logic requiring satisfaction of multiple criteria (e.g., regulation 5 requires: specific body + specific function + specific authorising law)","Heavy interdependence with primary legislation (Spent Convictions Act 2021, Road Safety Act 1986, Worker Screening Act 2020, etc.)—understanding these regulations requires familiarity with at least 15 other Acts","Amendment history embedded in text (multiple 'inserted by' and 'amended by' notations) creating visual clutter and version control complexity","Defined terms that themselves reference other Acts (e.g., 'Service Victoria', 'Transport Secretary', 'local council')","Exception-based structure: regulations 12-14 create exceptions to prohibitions in the parent Act, requiring readers to track prohibitions in one document against exceptions in another","Delegated functions and transferred powers (regulation 5B) adding layers of administrative complexity"],"plain_english_summary":"This legislation sets out the detailed rules for how Victoria's spent convictions scheme works in practice. **Spent convictions** are old or minor criminal convictions that, by law, generally don't have to be disclosed to employers or others, giving people a fresh start.\n\n**What it does:**\n\n*   **Who can see spent convictions:** It lists specific government bodies and officials who are allowed to access spent convictions when doing particular jobs. For example, worker screening agencies checking if someone can work with children or vulnerable people, agencies approving adoptions, or bodies regulating lawyers and firearms licensing.\n*   **Transport and road safety:** It allows the Transport Secretary to disclose spent conviction information to various parties (including employers, insurers, and other states) for specific road safety functions, vehicle registration, and verifying driver information.\n*   **Childhood convictions:** It creates special protections for convictions received when someone was aged 10 or 11. These become spent immediately, and the regulations specify who can be told about them and what form must be used to give notice. There are strict limits on how this information can be used—it generally cannot be used to refuse someone a job or licence.\n*   **Applying to wipe convictions:** It sets out what paperwork is needed when someone applies to the Magistrates' Court to have a conviction declared spent (including a recent police check and a sealed copy of the application).\n\n**Who it affects:**\n\n*   People with old criminal records seeking employment or licences\n*   Employers and licensing bodies doing background checks\n*   Government agencies involved in child safety, adoption, worker screening, and transport regulation\n*   Victoria Police and other law enforcement agencies\n\n**Why it matters:**\nThis is the operational manual that makes the Spent Convictions Act work. It balances giving people with old convictions a second chance against the need for certain sensitive roles (like working with children or handling firearms) to see full criminal histories. The childhood conviction rules reflect that children who offend should not be burdened by those mistakes into adulthood."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Regulations expand and specify the Act's operational scope by prescribing additional recipients, permitted purposes, exceptions and procedural requirements for disclosures and spent conviction orders. They add targeted disclosure pathways (including licensing/registration, transport‑related disclosures and spent childhood conviction notices) and procedural burdens on applicants and disclosing agencies (see Objective/reg 1 and regs 5, 5A, 6, 9–15)."},"complexity_factors":["Extensive cross‑references to multiple primary Acts (Spent Convictions Act 2021; Road Safety Act 1986; Worker Screening Act 2020; Adoption Act 1984; and others) increasing interpretive complexity (see regs 1, 5, 5A, 6, 12–15).","Numerous specified recipients and purposes set out in multiple tables, requiring precise matching of function, authority and law for each disclosure (see regs 5 Table 1; 6 Table 2; 12 Table 3; 14 Table 4).","Separate, detailed regimes for Transport Secretary disclosures including verification and exceptional‑circumstances pathways under the Road Safety Act 1986 (regs 6–8).","Procedural requirements for court applications (signed declaration, national police check dated within 6 months, sealed copy for service) impose concrete compliance steps and timing constraints (regs 9–11).","Special rules and a prescribed form for spent childhood convictions with criminal‑use prohibitions and notification obligations (regs 13–15; Form 1).","Delegation, transfer and service‑agreement provisions permitting specified persons or bodies to perform functions of others, adding layers of delegated disclosure authority (reg 5B; reg 8(2)(a)).","Amendment history and expiry (sunset) provision create ongoing legal maintenance and review needs (Endnotes; Table of Amendments)."],"plain_english_summary":"These Regulations set out who may receive spent convictions or criminal‑record information, the form and supporting material for applications to the Magistrates' Court for a spent conviction order, and specific exceptions where spent‑childhood convictions may be disclosed. They operationalise the Spent Convictions Act by naming agencies (including police, licensing and transport bodies), prescribing disclosure purposes, and requiring applicants to supply a recent national police check and a sealed court copy. Affected parties include applicants, law enforcement, regulators, licensing bodies and employers; decisionmakers control disclosures and applicants bear compliance costs."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the limited content available, there is no evidence the scope changed from the original intent. The regulations appear to serve their standard purpose of providing operational detail to support the parent Spent Convictions Act. However, the absence of substantive regulatory text makes a definitive scope assessment impossible."},"complexity_factors":["The provided text is extremely limited — it contains only metadata, version history labels, and structural headings with no substantive regulatory content visible","Spent convictions law itself involves eligibility criteria, waiting periods, and multiple exception categories, adding moderate inherent complexity","Interaction with other laws (employment law, licensing regimes, child safety legislation) creates cross-referencing complexity","The skeletal nature of the document provided makes it impossible to assess the full regulatory detail"],"plain_english_summary":"These regulations implement the Spent Convictions Act’s practical rules so people with old, minor convictions can move on without compulsory disclosure. They define which convictions become “spent,” how the scheme is applied, who (individuals, employers, background‑checking bodies, licensing agencies) is affected, and limited exceptions for certain serious roles. The result: qualifying historic minor convictions generally need not be disclosed or used against the holder."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/spent-convictions-regulations-2021","history":"/api/acts/spent-convictions-regulations-2021/history","analysis":"/api/acts/spent-convictions-regulations-2021/analysis","conflicts":"/api/acts/spent-convictions-regulations-2021/conflicts","importantCases":"/api/acts/spent-convictions-regulations-2021/important-cases","documents":"/api/acts/spent-convictions-regulations-2021/documents"}}