QLDIn ForceAct
Criminal Law (Rehabilitation of Offenders) Act 1986
sec.9Duty to disregard certain convictions
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### sec.9 Duty to disregard certain convictions
Subject to subsection (2) , any person or authority charged with the function of assessing a person’s fitness to be admitted to a profession, occupation or calling or for any other purpose shall disregard any conviction that is part of the person’s criminal history in relation to which the rehabilitation period has expired and which has not been revived in respect of the person unless—
the person to be assessed is expressly required by law to make disclosure of his or her criminal history; or
the person or authority making the assessment is expressly required by law to have regard to the criminal history of the person to be assessed; or
the person to be assessed is, by reason of section 4 , not relieved from responsibility to disclose his or her criminal history.
The provisions of subsection (1) do not apply where an assessment is to be made of an offender with a view to a court, or the Parole Board Queensland established under the Corrective Services Act 2006 , making an appropriate order in relation to the person.
s 9 amd 1988 No. 88 s 3 (1) sch 1 ; 2000 No. 63 s 276 sch 2 ; 2006 No. 29 s 518 sch 3 ; 2017 No. 15 s 24 sch 1
(sec.9-ssec.1) Subject to subsection (2) , any person or authority charged with the function of assessing a person’s fitness to be admitted to a profession, occupation or calling or for any other purpose shall disregard any conviction that is part of the person’s criminal history in relation to which the rehabilitation period has expired and which has not been revived in respect of the person unless— the person to be assessed is expressly required by law to make disclosure of his or her criminal history; or the person or authority making the assessment is expressly required by law to have regard to the criminal history of the person to be assessed; or the person to be assessed is, by reason of section 4 , not relieved from responsibility to disclose his or her criminal history.
(sec.9-ssec.2) The provisions of subsection (1) do not apply where an assessment is to be made of an offender with a view to a court, or the Parole Board Queensland established under the Corrective Services Act 2006 , making an appropriate order in relation to the person.
- (a) the person to be assessed is expressly required by law to make disclosure of his or her criminal history; or
- (b) the person or authority making the assessment is expressly required by law to have regard to the criminal history of the person to be assessed; or
- (c) the person to be assessed is, by reason of section 4 , not relieved from responsibility to disclose his or her criminal history.