The law creates a spent‑convictions regime: after set crime‑free periods many convictions no longer must be disclosed or counted, while specified serious or prescribed offences never become spent. It also establishes an extinguishment pathway for certain historical homosexual offence convictions, giving them the same non‑disclosure effect if approved.
It criminalises unlawful disclosure or fraudulent access to spent/extinguished records, vests extinguishment decision‑making and information powers in the Department of Justice, and imposes record‑keeping and compliance costs on public authorities and applicants.
The Criminal Records Act 1991 (NSW) establishes a statutory mechanism to reduce the long-term collateral consequences of criminal convictions for relatively minor matters. At its core, the Act provides that after a defined crime-free period a conviction becomes "spent" (s 8(1)). Once spent, the person is not required to disclose it for any purpose (s 12(a)), questions about criminal history are taken to refer only to non-spent convictions (s 12(b)), and statutory references to convictions or to a person's character or fitness must disregard the spent conviction (s 12(c)).
Section 7(1) lists the convictions that are incapable of becoming spent: those attracting a prison sentence of more than 6 months (with important qualifications in s 7(4) excluding intensive correction orders and control orders), sexual offences (exhaustively listed by reference to historical and current provisions of the Crimes Act 1900 (NSW) and other statutes), convictions imposed on bodies corporate, and any convictions prescribed by regulation. All other convictions, regardless of whether imposed before or after commencement, and whether under NSW or interstate or overseas law (s 6(1)), are capable of becoming spent.
The crime-free period itself is defined differentially. For adult court convictions it is 10 consecutive years without conviction for an offence punishable by imprisonment and without being in prison or unlawfully at large (s 9(1)). For Children's Court orders under s 33 of the Children (Criminal Proceedings) Act 1987 (NSW) (other than those spent immediately) the period is 3 years with additional restrictions on control orders (s 10(1)). Traffic offences are quarantined in the calculation: a traffic conviction is disregarded when calculating the period for a non-traffic offence and vice versa, except for serious driving offences such as culpable driving, dangerous driving occasioning death or grievous bodily harm, and manslaughter arising from motor vehicles (s 11(4)).
Current sections
Direct links to the current provisions in Criminal Records Act 1991.
This Act commences on a day or days to be appointed by proclamation.
3
Objects of this Act
3 Objects of this Act
3 Objects of this Act
(1) The primary object of this Act is to implement a scheme to limit the effect of a person’s conviction for a relatively minor offence if the person completes a period of crime-free behaviour. On completion of the period, the conviction is to be regarded as spent and, subject to some exceptions, is not to form part of the person’s criminal history.
(2) The Act also provides for the effect of the quashing of a conviction and the pardoning of an offence.
(3) The Act also provides for a scheme to enable certain convictions for a number of decriminalised homosexual sexual conduct offences to become extinguished.
conviction means a conviction, whether summary or on indictment, for an offence and includes a finding or order which, under section 5, is treated as a conviction for the purposes of this Act.
public authority means a public or local authority constituted by or under any Act, a government department or a statutory body representing the Crown, and includes a person exercising functions on behalf of the authority, department or body.
Note.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) In this Act, a reference to a spent conviction includes a reference to—
(a) the charge to which the spent conviction relates, and
(b) any action taken in respect of a breach of prison discipline committed during a period of imprisonment imposed in relation to the conviction.
(2A) In this Act, a reference to an extinguished conviction includes a reference to the charge to which the extinguished conviction relates.
(3) In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(4) Notes included in this Act do not form part of this Act.
s 4: Am 1999 No 94, Sch 4.99; 2002 No 100, Sch 4.2 [1]; 2014 No 69, Sch 1 [2] [3].
5
Findings and orders treated as convictions for the purposes of this Act
5 Findings and orders treated as convictions for the purposes of this Act
5 Findings and orders treated as convictions for the purposes of this Act
The following findings or orders of a court are treated as convictions for the purposes of this Act—
(a) a finding that an offence has been proved, or that a person is guilty of an offence, without proceeding to a conviction,
(b) a finding that an offence has been proved, or that a person is guilty of an offence, and the discharging of, or the making of an order releasing, the offender conditionally on entering into a recognizance to be of good behaviour for a specified period or on other conditions determined by the court,
(1) In order that the provisions of this Act may apply to convictions for offences against laws other than New South Wales laws, references in this Act to offences, convictions and courts are taken to include references to offences, convictions and courts of places other than those of New South Wales which correspond (or which correspond as closely as possible) to the relevant New South Wales offences, convictions and courts.
(2) In order that the provisions of this Act may apply to convictions imposed before the date of commencement of section 7, references in this Act to convictions are taken to include references to convictions so imposed.
Part 2
Spent convictions
Part 2 Spent convictions
Part 2 Spent convictions
7
Which convictions are capable of becoming spent?
7 Which convictions are capable of becoming spent?
7 Which convictions are capable of becoming spent?
(1) All convictions are capable of becoming spent in accordance with this Act, except the following—
(a) convictions for which a prison sentence of more than 6 months has been imposed,
(b) convictions for sexual offences,
(c) convictions imposed against bodies corporate,
(d) convictions prescribed by the regulations.
(2) A conviction may become spent in accordance with this Act whether it is a conviction for an offence against a law of New South Wales or a conviction for an offence against any other law.
(3) A conviction may become spent in accordance with this Act whether it is a conviction imposed before, on or after the date of commencement of this section.
(4) In this section—
prison sentence does not include a sentence the subject of an intensive correction order or the detaining of a person under a control order.
sexual offences means the following offences—
(a) the offences under sections 61B–61F, 65A–66D, 66F, 73, 74, 78A, 78B, 78H, 78I, 78K, 78L, 78N, 78O, 78Q, 79, 79A, 79B, 80, 91A, 91B and 91D–91G of the Crimes Act 1900,
(e) an offence (such as an offence under section 37 (2) or 112 of the Crimes Act 1900) which includes the commission of, or an intention to commit, an offence referred to in paragraph (a), (b), (c) or (d),
(f) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a), (b), (c), (d) or (e),
(g) an offence committed—
(i) before the date of commencement of this section against a law of New South Wales or a law of a place outside New South Wales, or
(ii) after the date of commencement of this section against a law of a place outside New South Wales,
which constituted or constitutes an offence of a similar nature to an offence referred to in paragraph (a), (b), (c), (d), (e) or (f),
(h) an offence prescribed by the regulations as a sexual offence for the purposes of this section.
(5) A reference in this section to a prison sentence means, in the case of an aggregate sentence of imprisonment (within the meaning of the Crimes (Sentencing Procedure) Act 1999) imposed in respect of more than 1 offence, each prison sentence that would have been imposed for each offence had separate sentences been imposed instead of an aggregate sentence, as recorded by the court that imposed the sentence.
s 7: Am 2010 No 48, Sch 5.9; 2014 No 23, Sch 2.3; 2018 No 29, Sch 1.11; 2025 No 67, Sch 2.4.
8
When is a conviction spent?
8 When is a conviction spent?
8 When is a conviction spent?
(1) A conviction is spent on completion of the relevant crime-free period, except as provided by this section.
(2) A finding that an offence has been proved, or that a person is guilty of an offence, without proceeding to a conviction is spent immediately after the finding is made, except as provided by this section.
(3) An order of the Children’s Court dismissing a charge and administering a caution is spent immediately after the caution is administered.
(4) A finding that an offence has been proved, or that a person is guilty of an offence, and—
(a) the discharging of, or the making of an order releasing, the offender conditionally on entering into a good behaviour bond for a specified period, on participating in an intervention program or on other conditions determined by the court, or
(b) the releasing of the offender on probation on such conditions as the court may determine, for such period of time as it thinks fit, or
(c) the making of a conditional release order, without conviction, under section 9 of the Crimes (Sentencing Procedure) Act 1999, for a specified period,
is spent on satisfactory completion of the period or satisfactory compliance with the program (including any intervention plan arising out of the program) or conditions, as the case may require.
(5) A conviction in respect of an offence of a kind which has ceased, by operation of law, to be an offence is spent immediately the offence ceased to be an offence, if the offence is prescribed by the regulations to be an offence to which this subsection applies.
(6) A conviction which is spent is not revived by a subsequent conviction.
s 8: Am 2000 No 93, Sch 2.13; 2002 No 100, Sch 4.2 [2]–[4]; 2017 No 53, Sch 4.15 [1] [2]; 2020 No 26, Sch 1.8[1].
9
What is the crime-free period for convictions of courts (other than the Children’s Court)?
9 What is the crime-free period for convictions of courts (other than the Children’s Court)?
9 What is the crime-free period for convictions of courts (other than the Children’s Court)?
(1) The crime-free period in the case of a conviction of a court (other than the Children’s Court) is any period of not less than 10 consecutive years after the date of the person’s conviction during which—
(a) the person has not been convicted of an offence punishable by imprisonment, and
(b) the person has not been in prison because of a conviction for any offence and has not been unlawfully at large.
(2) The crime-free period may commence before the date of commencement of section 7.
10
What is the crime-free period for orders of the Children’s Court?
10 What is the crime-free period for orders of the Children’s Court?
10 What is the crime-free period for orders of the Children’s Court?
(1) The crime-free period in the case of an order of the Children’s Court under section 33 of the Children (Criminal Proceedings) Act 1987 (other than a finding or order referred to in section 8 (2) or (3) of this Act) in respect of a person is any period of not less than 3 consecutive years after the date of the order during which—
(a) the person has not been subject to a control order, and
(b) the person has not been convicted of an offence punishable by imprisonment, and
(c) the person has not been in prison because of a conviction for any offence and has not been unlawfully at large.
(2) The crime-free period may commence before the date of commencement of section 7.
11
How are traffic offences to be dealt with?
11 How are traffic offences to be dealt with?
11 How are traffic offences to be dealt with?
(1) In this section, traffic offence means an offence arising out of the use of a motor vehicle or trailer (within the meaning of the road transport legislation referred to in section 6 of the Road Transport Act 2013) and non-traffic offence means any other offence.
(2) A conviction for a traffic offence and any period of imprisonment imposed as a consequence of such a conviction are to be disregarded in calculating the crime-free period for a conviction for a non-traffic offence. A conviction for a traffic offence is of relevance only in calculating the crime-free period for a conviction for an earlier traffic offence.
(3) A conviction for a non-traffic offence and any period of imprisonment imposed as a consequence of such a conviction are to be disregarded in calculating the crime-free period for a conviction for a traffic offence. A conviction for a non-traffic offence is of relevance only in calculating the crime-free period for an earlier non-traffic offence.
(4) Despite subsections (2) and (3), regard is to be had to a conviction for any of the following offences in calculating the crime-free period for any conviction (whether for a traffic offence or a non-traffic offence). A conviction for any of the following offences is of relevance in determining the crime-free period for any earlier offence. The offences are—
(a1) dangerous driving occasioning death (section 52A (1) of the Crimes Act 1900),
(a2) aggravated dangerous driving occasioning death (section 52A (2) of the Crimes Act 1900),
(a3) dangerous driving occasioning grievous bodily harm (section 52A (3) of the Crimes Act 1900),
(a4) aggravated dangerous driving occasioning grievous bodily harm (section 52A (4) of the Crimes Act 1900),
(b) injury by furious driving (section 53 of the Crimes Act 1900),
(c) manslaughter (section 24 of the Crimes Act 1900) or causing grievous bodily harm (section 54 of the Crimes Act 1900) where, in either case, the offence arises out of the use of a motor vehicle or trailer (within the meaning of the road transport legislation referred to in section 6 of the Road Transport Act 2013).
s 11: Am 1994 No 78, Sch 2; 1997 No 115, Sch 4.5; 1999 No 19, Sch 2.7; 2005 No 11, Sch 3.8 [1] [2]; 2013 No 19, Sch 4.15.
Part 3
Consequences of a conviction becoming spent
Part 3 Consequences of a conviction becoming spent
Part 3 Consequences of a conviction becoming spent
Division 1
General
Division 1 General
Division 1 General
12
What are the consequences of a conviction becoming spent?
12 What are the consequences of a conviction becoming spent?
12 What are the consequences of a conviction becoming spent?
If a conviction of a person is spent—
(a) the person is not required to disclose to any other person for any purpose information concerning the spent conviction, and
(b) a question concerning the person’s criminal history is taken to refer only to any convictions of the person which are not spent, and
(c) in the application to the person of a provision of an Act or statutory instrument—
(i) a reference in the provision to a conviction is taken to be a reference only to any convictions of the person which are not spent, and
(ii) a reference in the provision to the person’s character or fitness is not to be interpreted as permitting or requiring account to be taken of spent convictions.
13
Unlawful disclosure of information concerning spent convictions
13 Unlawful disclosure of information concerning spent convictions
13 Unlawful disclosure of information concerning spent convictions
(1) A person who has access to records of convictions kept by or on behalf of a public authority and who, without lawful authority, discloses to any other person any information concerning a spent conviction is guilty of an offence.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
(2) It is not an offence for the officer in charge of the Criminal Records Section of the NSW Police Force to make information relating to a spent conviction available to a law enforcement agency or to the holder of an office prescribed by the regulations.
(3) It is not an offence for an archive or library (or an authorised officer of an archive or library) to make available to a member of the public, or to another archive or library, in accordance with the normal procedures of the archive or library, material that is normally available for public use and that contains information relating to a spent conviction.
(4) It is not an offence for a law enforcement agency (or an authorised officer of a law enforcement agency) in the discharge of its duties (or of the authorised officer’s duties) to make information relating to a spent conviction available to another law enforcement agency or to a court in compliance with an order of the court.
(4AA) It is not an offence for a person employed in Corrective Services NSW to make information relating to a spent conviction available to another person if—
(4B) It is not an offence for a public authority or other government agency that has a record of a spent conviction (or an authorised officer of the authority or agency) to make information about the conviction available to the person who was convicted.
law enforcement agency means any of the following—
(a) the NSW Police Force,
(b) the Australian Federal Police,
(c) the police force of another State or a Territory,
(d) the Australian Crime Commission,
(e) the Australian Bureau of Criminal Intelligence,
(f) the National Exchange of Police Information,
(g) the Independent Commission Against Corruption or a similar body established under the law of another legislature in Australia,
(h) the New South Wales Crime Commission or a similar body established under the law of another legislature in Australia,
(h1) the Law Enforcement Conduct Commission,
(i) the Attorney General for the Commonwealth or for a State or Territory,
(j) persons employed in the Attorney General’s Department or a similar Department of the Commonwealth, another State or a Territory, or employed in a body administered by such a Department, being persons whose primary function is the institution or conduct of proceedings for offences,
(k) the Office of the Director of Public Prosecutions or a similar body established under a law of another legislature in Australia,
(l) the Director of Public Prosecutions, or a person performing a similar function, appointed under a law of another legislature in Australia,
(m) a Crown Prosecutor,
(n) an Australian legal practitioner to the extent to which the Australian legal practitioner is engaged by or on behalf of the Crown to prosecute an offence,
(o) a person or body prescribed for the purpose of this definition by the regulations.
s 13: Am 1998 No 146, Sch 2.2 [1]; 2001 No 112, Sch 2.13; 2003 No 13, Sch 1.8; 2008 No 62, Sch 3.1; 2009 No 82, Sch 2; 2011 No 62, Sch 3.8 [1] [2]; 2012 No 7, Sch 2.2; 2013 No 31, Sch 3.7; 2016 No 61, Sch 6.13; 2018 No 82, Sch 2.3 [1]; 2020 No 26, Sch 1.8[2] [3].
14
Improper obtaining of information concerning spent convictions
14 Improper obtaining of information concerning spent convictions
14 Improper obtaining of information concerning spent convictions
A person who, fraudulently or dishonestly, obtains or attempts to obtain information concerning a spent conviction from records of convictions kept by or on behalf of a public authority is guilty of an offence.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
Division 2
Exclusions
Division 2 Exclusions
Division 2 Exclusions
15
Employment in certain occupations
15 Employment in certain occupations
15 Employment in certain occupations
(1) Section 12 does not apply in relation to an application by a person for appointment or employment as a judge, justice of the peace, police officer, member of staff of Corrective Services NSW (within the meaning of the Crimes (Administration of Sentences) Act 1999), or the Office of the Sheriff, Department of Communities and Justice, teacher or teachers aide.
(2) Section 12 does not apply in relation to a conviction of a person for arson or attempted arson if the person seeks to be appointed or employed in fire fighting or fire prevention.
s 15: Am 1998 No 146, Sch 2.2 [2]; 2010 No 1, Sch 2.4; 2010 No 67, Sch 2.4; 2012 No 51, Sch 4.3; 2018 No 82, Sch 2.3 [2]; 2020 No 24, Sch 1.3; 2025 No 61, Sch 2.32.
16
Proceedings before courts
16 Proceedings before courts
16 Proceedings before courts
(1) Section 12 does not apply to proceedings before a court (including the giving of evidence) or the making of a decision by a court (including a decision concerning sentencing).
(2) However, a court before which evidence of a spent conviction is admitted must, in appropriate circumstances, take such steps as are reasonably available to it to prevent or minimise publication of that evidence.
(3) This Act does not affect any of the following provisions—
(a) a conviction is taken to be quashed if the conviction is quashed or set aside,
(b) a finding that an offence has been proved, or that a person is guilty of an offence, without proceeding to a conviction is taken to be quashed if the finding is quashed or set aside (except where it is set aside in order to impose a penalty),
(c) a finding that an offence has been proved, or that a person is guilty of an offence, and the discharging of, or the making of an order releasing, the offender conditionally on entering into a recognizance to be of good behaviour for a specified period or on other conditions determined by the court is taken to be quashed if the finding is quashed or set aside,
(d) an order under section 33 of the Children (Criminal Proceedings) Act 1987, other than an order dismissing a charge, is taken to be quashed if the order is quashed or set aside.
s 18: Am 2000 No 93, Sch 2.13.
19
What are the consequences of a conviction being quashed or of a pardon?
19 What are the consequences of a conviction being quashed or of a pardon?
19 What are the consequences of a conviction being quashed or of a pardon?
Division 1 of Part 3 applies to and in respect of a quashed conviction and a pardon (and the charge to which the quashed conviction or pardon relates) in the same way as it applies to and in respect of a spent conviction.
Part 4A
Extinguishing convictions for historical homosexual offences
Part 4A Extinguishing convictions for historical homosexual offences
Part 4A Extinguishing convictions for historical homosexual offences
pt 4A: Ins 2014 No 69, Sch 1 [4].
19A
Definitions
19A Definitions
19A Definitions
In this Part—
eligible homosexual offence means any of the following offences—
(a) the former offences under sections 78K, 78L, 78Q, 81, 81A and 81B of the Crimes Act 1900,
(b) the former offences under sections 79 and 80 of the Crimes Act 1900 (before those offences were amended by the Crimes (Amendment) Act 1984), but not any offence relating to bestiality,
(d) an offence prescribed by the regulations for the purposes of this definition,
(e) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a), (b), (c) or (d).
Secretary means the Secretary of the Department of Justice.
s 19A: Ins 2014 No 69, Sch 1 [4].
19B
Application to have eligible homosexual offence convictions extinguished
19B Application to have eligible homosexual offence convictions extinguished
19B Application to have eligible homosexual offence convictions extinguished
(1) A person who has been convicted of an eligible homosexual offence may apply, in accordance with the regulations, to the Secretary for the conviction to become extinguished.
(2) An application under this section must state—
(a) the name, address and date of birth of the applicant, and
(b) the name and address of the applicant at the time of the conviction, and
(c) so far as is known to the applicant, the time when and the place where the conviction was made, and
(d) any other information that the Secretary requires.
Note.
It is an offence under Part 5A of the Crimes Act 1900 to knowingly provide false or misleading information or to knowingly produce documents that are false or misleading in an application to a public authority.
(3) If the convicted person has died, an application under this section may be made on behalf of the person by—
(a) the convicted person’s legal personal representative, or
(b) a spouse, de facto partner, parent or child of the convicted person or a person who was in a close personal relationship with the convicted person immediately before the convicted person’s death.
s 19B: Ins 2014 No 69, Sch 1 [4].
19C
Eligible homosexual offence convictions may be extinguished
19C Eligible homosexual offence convictions may be extinguished
19C Eligible homosexual offence convictions may be extinguished
(1) A conviction for an eligible homosexual offence becomes an extinguished conviction when the Secretary, by notice in writing given to the applicant, decides that he or she is satisfied that the other person involved in the sexual activity constituting the offence—
(a) consented to the sexual activity, and
(b) was of or above—
(i) the age of 16 years, or
(ii) if the other person was under the special care of the convicted person (within the meaning of section 73 (3) of the Crimes Act 1900)—the age of 18 years.
Note.
Section 73 (3) of the Crimes Act 1900 provides that a person (the victim) is under the special care of another person (the offender) if, and only if—
(a) the offender is the step-parent, guardian or foster parent of the victim or the de facto partner of a parent, guardian or foster parent of the victim, or
(b) the offender is a member of the teaching staff at the school at which the victim is a student, or
(c) the offender has an established personal relationship with the victim in connection with the provision of religious, sporting, musical or other instruction to the victim, or
(d) the offender is a custodial officer of an institution of which the victim is an inmate, or
(e) the offender is a health professional and the victim is a patient of the health professional.
(2) Before making a decision under this section, the Secretary may, by notice in writing, request the applicant to provide further information specified in the notice. The Secretary may refuse to make a decision under this section if the request has not been complied with.
(3) If the Secretary intends to make a decision that will result in the conviction for an eligible homosexual offence not becoming an extinguished conviction, the Secretary must—
(a) by notice in writing, inform the applicant of that intention, and
(b) provide the applicant with a copy of any historical records relating to the conviction in the possession of the Secretary, and
(c) give the applicant 14 days from the date of that notice to submit further information to the Secretary regarding the application.
(4) The Secretary is not to hold an oral hearing for the purpose of making a decision under this section.
(5) The Secretary may delegate the exercise of any function of the Secretary under this section (other than this power of delegation) to—
(a) any member of staff of the Department of Justice, or
(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.
s 19C: Ins 2014 No 69, Sch 1 [4]. Am 2018 No 4, Sch 1.6.
19D
Persons and bodies to provide information to Secretary
19D Persons and bodies to provide information to Secretary
19D Persons and bodies to provide information to Secretary
(1) The Secretary may, by notice in writing, require any of the following persons or bodies to provide the Secretary with the information requested in the notice for the purposes of making a decision under section 19C—
Administrative review by Civil and Administrative Tribunal of decision of Secretary relating to conviction
19E Administrative review by Civil and Administrative Tribunal of decision of Secretary relating to conviction
19E Administrative review by Civil and Administrative Tribunal of decision of Secretary relating to conviction
(1) A person who has made an application under this Part may apply for an administrative review under the Administrative Decisions Review Act 1997 of a decision made by the Secretary under section 19C (1).
(2) If a person has made an application under this Part and has not, within 9 months, received notice of a decision under section 19C (1), the Secretary is taken to have made a decision that he or she is not satisfied of the matters referred to in that subsection.
ss 19D–19I: Ins 2014 No 69, Sch 1 [4].
19F
What are the consequences of a conviction becoming an extinguished conviction?
19F What are the consequences of a conviction becoming an extinguished conviction?
19F What are the consequences of a conviction becoming an extinguished conviction?
(1) If a conviction of a person is an extinguished conviction—
(a) the person is not required to disclose to any other person for any purpose information concerning the extinguished conviction, and
(b) a question concerning the person’s criminal history is taken not to refer to any convictions of the person which are extinguished convictions, and
(c) in the application to the person of a provision of an Act or statutory instrument—
(i) a reference in the provision to a conviction is taken not to be a reference to any convictions of the person which are extinguished convictions, and
(ii) a reference in the provision to the person’s character or fitness is not to be interpreted as permitting or requiring account to be taken of extinguished convictions.
(b) any Act that provides that information relating to spent convictions may be disclosed despite this Act.
ss 19D–19I: Ins 2014 No 69, Sch 1 [4].
19G
Unlawful disclosure of information concerning extinguished convictions
19G Unlawful disclosure of information concerning extinguished convictions
19G Unlawful disclosure of information concerning extinguished convictions
(1) A person who has access to records of convictions kept by or on behalf of a public authority and who, without lawful authority, discloses to any other person any information concerning an extinguished conviction is guilty of an offence.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
(2) It is not an offence for an archive or library (or an authorised officer of an archive or library) to make available to a member of the public, or to another archive or library, in accordance with the normal procedures of the archive or library, material that is normally available for public use and that contains information relating to an extinguished conviction.
(3) It is not an offence for a public authority or other government agency that has a record of an extinguished conviction (or an authorised officer of the authority or agency) to make information about the conviction available to the person who was convicted.
(4) It is not an offence for the Secretary (or any person acting under the direction of the Secretary) to inform the NSW Police Force or any other public authority that holds information regarding convictions that a particular conviction has become an extinguished conviction.
(b) any Act that provides that information relating to spent convictions may be disclosed despite this Act.
ss 19D–19I: Ins 2014 No 69, Sch 1 [4].
19H
Improper obtaining of information concerning extinguished convictions
19H Improper obtaining of information concerning extinguished convictions
19H Improper obtaining of information concerning extinguished convictions
A person who, fraudulently or dishonestly, obtains or attempts to obtain information concerning an extinguished conviction from records of convictions kept by or on behalf of a public authority is guilty of an offence.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
ss 19D–19I: Ins 2014 No 69, Sch 1 [4].
19I
Conviction may cease being an extinguished conviction
19I Conviction may cease being an extinguished conviction
19I Conviction may cease being an extinguished conviction
(1) If the Secretary is satisfied that a conviction became an extinguished conviction by reason of an application that included false or misleading information, or documents that are false or misleading, the Secretary may determine that the conviction is no longer an extinguished conviction.
(2) The conviction ceases to be an extinguished conviction on and from the date of that determination.
(3) The Secretary must notify the convicted person of a determination under this section.
(4) A person whose conviction is the subject of a determination by the Secretary under this section may apply for an administrative review under the Administrative Decisions Review Act 1997 of the determination.
ss 19D–19I: Ins 2014 No 69, Sch 1 [4].
Part 5
Miscellaneous
Part 5 Miscellaneous
Part 5 Miscellaneous
20
Act binds the Crown
20 Act binds the Crown
20 Act binds the Crown
This Act binds the Crown not only in right of New South Wales but also, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
21
Act does not authorise contravention of other laws
21 Act does not authorise contravention of other laws
21 Act does not authorise contravention of other laws
Nothing in this Act authorises a person to disclose a conviction or to take a conviction into account if to do so would contravene any other law.
22
Act does not affect certain other lawful acts
22 Act does not affect certain other lawful acts
22 Act does not affect certain other lawful acts
Nothing in this Act affects anything lawfully done before a conviction is spent, extinguished or quashed or a pardon is granted.
s 22: Am 2014 No 69, Sch 1 [5].
23
Destruction of records
23 Destruction of records
23 Destruction of records
This Act does not authorise the destruction by or on behalf of a public authority of a record relating to a spent conviction, an extinguished conviction, a quashed conviction or a pardon.
s 23: Am 2014 No 69, Sch 1 [6].
24
Proceedings for offences
24 Proceedings for offences
24 Proceedings for offences
Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.
s 24: Am 2001 No 121, Sch 2.78 [2]; 2007 No 94, Sch 2.
25
Regulations
25 Regulations
25 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) The regulations may provide that this Act or a specified provision of this Act does not affect another specified Act or a specified provision of another Act.
(3) The regulations may provide that a provision of this Act does not apply in relation to—
(a) a specified conviction, finding or order, or a charge relating to the conviction, finding or order, or
(b) a specified person or class of persons, or
(c) specified circumstances,
or any combination of them.
(4) A regulation made for the purposes of section 7 (1) (d), paragraph (h) of the definition of sexual offences in section 7 (4) or this section may provide that, despite this Act, a conviction is taken never to have been spent or never to be capable of becoming spent.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Criminal Records Act 1991.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Objects of this Act
3 Objects of this Act
3 Objects of this Act
(1) The primary object of this Act is to implement a scheme to limit the effect of a person’s conviction for a relatively minor offence if the person completes a period of crime-free behaviour. On completion of the period, the conviction is to be regarded as spent and, subject to some exceptions, is not to form part of the person’s criminal history.
(2) The Act also provides for the effect of the quashing of a conviction and the pardoning of an offence.
(3) The Act also provides for a scheme to enable certain convictions for a number of decriminalised homosexual sexual conduct offences to become extinguished.
s 3: Am 2014 No 69, Sch 1 [1].
4 Definitions
4 Definitions
4 Definitions
(1) In this Act—
control order means an order made under section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987.
conviction means a conviction, whether summary or on indictment, for an offence and includes a finding or order which, under section 5, is treated as a conviction for the purposes of this Act.
court includes a tribunal.
intervention program has the same meaning as in the Criminal Procedure Act 1986.
public authority means a public or local authority constituted by or under any Act, a government department or a statutory body representing the Crown, and includes a person exercising functions on behalf of the authority, department or body.
Note.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Certain findings and orders are treated as convictions for the purposes of the Act (s 5): findings of guilt without conviction, conditional discharges on recognizance or good behaviour bonds, intervention programs, and most Children's Court orders. Some matters become spent immediately: findings without conviction (s 8(2)), Children's Court cautions (s 8(3)), and convictions for offences that have been decriminalised if prescribed by regulation (s 8(5)). A spent conviction is not revived by later offending (s 8(6)).
Part 4 applies the same non-disclosure consequences (via reference to Division 1 of Part 3) to quashed convictions and pardons (s 19). The definition of when a conviction is taken to be quashed is technical and includes set-asides of findings of guilt without conviction and certain conditional orders (s 18).
Part 4A, inserted in 2014, creates an entirely separate extinguishment regime for "eligible homosexual offences" (defined in s 19A to capture historical provisions such as former ss 78K, 78L, 78Q, 81, 81A, 81B, pre-1984 ss 79 and 80 (excluding bestiality), and certain Police Offences Act and Summary Offences Act provisions limited to same-sex consensual activity). A person (or their representative after death) may apply to the Secretary of the Department of Justice (s 19B). The Secretary must be satisfied on the balance of probabilities that the other party consented and was of or above the relevant age (16 generally, 18 if under special care within the meaning of s 73(3) of the Crimes Act 1900) (s 19C(1)). The Secretary may request further information, must afford procedural fairness if minded to refuse, but does not hold oral hearings (s 19C(2)–(4)). Once extinguished, the conviction is treated even more robustly than a spent conviction: it is disregarded for all purposes including in health practitioner regulation contexts that otherwise override spent-conviction protections (s 19F(2)).
The Act creates two tiers of criminal offences. Unlawful disclosure of spent or extinguished conviction information by persons with access to public authority records carries a maximum penalty of 50 penalty units or 6 months imprisonment (ss 13(1), 19G(1)). Improper obtaining of such information by fraud or dishonesty carries the same penalty (ss 14, 19H). Numerous exceptions are carved out for law enforcement, archives, Corrective Services NSW, child protection and NDIS worker screening, and disclosure back to the convicted person (s 13(2)–(4B), s 19G(2)–(4)).
The Act binds the Crown in all capacities (s 20), does not authorise breaches of other laws (s 21), preserves lawful acts done before a conviction becomes spent, extinguished, quashed or pardoned (s 22), and does not authorise destruction of records (s 23). Regulations may fine-tune operation, create further exceptions, or deem certain convictions never capable of becoming spent (s 25(4)).
Who it affects
The Act primarily affects natural persons who have been convicted of relatively minor offences in New South Wales or equivalent jurisdictions. It does not apply to bodies corporate (s 7(1)(c)). Living convicted persons may apply for extinguishment of eligible homosexual offences (s 19B(1)); after death, legal personal representatives, spouses, de facto partners, parents, children or close personal relationships may apply (s 19B(3)).
Public authorities that hold criminal records—including the NSW Police Force, courts, Corrective Services NSW, and government departments—are directly regulated. They must not disclose spent or extinguished conviction information except in accordance with the express exceptions in ss 13 and 19G. The Secretary of the Department of Justice is given significant administrative functions under Part 4A, including decision-making, information-gathering powers, and delegation (ss 19C(5), 19D).
Employers and occupational regulators in prescribed fields are affected because the general non-disclosure rule in s 12 does not apply to applications for judicial office, justice of the peace, police officer, Corrective Services NSW staff, Office of the Sheriff staff, teachers, teachers' aides, or working with children clearances under the Child Protection (Working with Children) Act 2012 or NDIS worker checks (s 15(1)–(1A)). Firefighting and fire-prevention employers may still have regard to arson convictions (s 15(2)).
Courts remain entitled to receive and consider spent convictions in sentencing and evidentiary contexts (s 16(1)), although they must take reasonable steps to limit publication (s 16(2)). Law enforcement agencies, the Independent Commission Against Corruption, the Law Enforcement Conduct Commission, Directors of Public Prosecutions, and Crown Prosecutors fall within the broad definition of "law enforcement agency" in s 13(5) and may receive information in the discharge of their duties.
Archives and libraries are protected when releasing material in the ordinary course that happens to contain spent-conviction references (s 13(3), s 19G(2)). The Act also affects applicants for various statutory licences or approvals where character or fitness tests appear; those tests must ignore spent and extinguished convictions (s 12(c)(ii), s 19F(1)(c)(ii)).
Finally, the Act has extraterritorial reach. Because s 6(1) treats references to offences, convictions and courts as including equivalent interstate and overseas matters, interstate convictions may become spent under NSW law for NSW purposes, and the extinguishment scheme can capture historical offences committed outside New South Wales if they correspond to the eligible homosexual offences listed.
Key duties and rights
The central right conferred is the right not to disclose a spent, extinguished, quashed or pardoned conviction and to have such convictions disregarded in most statutory and common contexts (ss 12, 19, 19F). This right is enforceable through the offence provisions and through administrative review.
Convicted persons have the right to apply for extinguishment of eligible homosexual offences (s 19B) and the right to administrative review by the Civil and Administrative Tribunal of both refusal decisions and deemed refusals after 9 months (s 19E). Where the Secretary proposes to refuse extinguishment, the applicant has a statutory right to receive historical records held by the Secretary and 14 days to make further submissions (s 19C(3)).
Public authorities and persons with access to conviction records owe a duty not to disclose spent or extinguished information without lawful authority (ss 13(1), 19G(1)). The Act imposes a positive duty on specified persons and bodies—including government sector employees, the Criminal Records Section of NSW Police, courts, the Director of Public Prosecutions and others—to provide information to the Secretary when requested for the purposes of an extinguishment decision (s 19D(2)). Privacy and health records legislation is expressly disapplied to the extent necessary to comply with such requests (s 19D(3)–(4)).
Courts have a duty, "in appropriate circumstances", to take reasonably available steps to prevent or minimise publication of evidence of spent convictions that is admitted before them (s 16(2)). This is a soft obligation rather than an absolute prohibition.
Regulations may create additional rights or duties; for example, the power in s 25(2) to provide that the Act or specified provisions do not affect another Act allows the Executive to carve out further exceptions or preserve other disclosure regimes.
The Act preserves the right of convicted persons to obtain their own spent or extinguished conviction information from public authorities (s 13(4B), s 19G(3)).
Penalties and enforcement
Two principal offences are created. Section 13(1) makes unauthorised disclosure of spent conviction information by a person with access to public authority records punishable by a maximum of 50 penalty units or 6 months imprisonment or both. An identical regime applies to extinguished convictions (s 19G(1)). The parallel offence of fraudulently or dishonestly obtaining or attempting to obtain such information carries the same maximum penalty (ss 14, 19H).
Proceedings for these offences must be dealt with summarily before the Local Court (s 24). The Act does not create a civil cause of action; enforcement is therefore primarily criminal or, in the case of administrative decisions under Part 4A, by way of administrative review under the Administrative Decisions Review Act 1997 (NSW).
The statute contains a broad array of defences and exceptions. Disclosure by the officer in charge of the Criminal Records Section to law enforcement agencies or prescribed office holders is lawful (s 13(2)). Archives and libraries acting in accordance with normal procedures are exempt (s 13(3), s 19G(2)). Law enforcement agencies may exchange information in the discharge of duties or pursuant to court order (s 13(4)). Corrective Services NSW employees are protected if they do not know and could not reasonably be expected to know the conviction is spent and the disclosure is not prohibited by the Crimes (Administration of Sentences) Act 1999 (s 13(4AA)). Disclosures authorised under child protection or NDIS worker screening legislation are also protected (s 13(4A)). Disclosure back to the convicted person is expressly permitted (s 13(4B), s 19G(3)).
The Secretary (or delegate) may inform police or other public authorities that a conviction has become extinguished (s 19G(4)). The Secretary may also determine that an extinguished conviction ceases to be extinguished if it was obtained by false or misleading information, with that determination itself subject to administrative review (s 19I).
No specific enforcement mechanism is provided for breach of the s 19D duty to provide information to the Secretary, but the duty is expressed in mandatory language ("It is the duty… to comply") and non-compliance would presumably expose the person to contempt or other public law remedies.
How it interacts with other laws
The Act is expressly structured to sit alongside, and in some cases override, other legislation. Section 6(1) extends its operation to equivalent interstate and overseas offences so that the spent-conviction scheme has national and, to a limited extent, international effect. It interacts heavily with the Crimes Act 1900 (NSW): the exhaustive list of sexual offences in s 7(4) cross-references 30 separate sections or former sections, and the special-care test in s 19C(1)(b)(ii) imports the definition from s 73(3) of the Crimes Act.
The Children (Criminal Proceedings) Act 1987 is central to the shorter 3-year period for Children's Court orders (s 10) and the definition of control orders (s 4(1)). The Crimes (Sentencing Procedure) Act 1999 is referenced for aggregate sentencing (s 7(5)), good behaviour bonds, intervention programs, conditional release orders and the definition of non-conviction orders (s 8(4), s 8(7)).
The Evidence Act 1995 (NSW) is preserved in its operation: s 16(3) expressly states that the Criminal Records Act does not affect Part 3.8 (Character) or s 178 (Convictions, acquittals and other judicial proceedings) of the Evidence Act. Similarly, the Children (Criminal Proceedings) Act s 15 and Criminal Procedure Act 1986 s 152 continue to operate.
Part 4A contains express overriding provisions. Section 19F(2) and s 19G(5) state that the extinguishment and non-disclosure rules apply despite ss 77(4), 79(3) and 135(3) of the Health Practitioner Regulation National Law (NSW) and despite any other Act that would otherwise permit disclosure of spent convictions. This represents a deliberate policy choice to give historical homosexual convictions stronger protection than ordinary spent convictions.
The Child Protection (Working with Children) Act 2012 and National Disability Insurance Scheme (Worker Checks) Act 2018 are carved out of the general non-disclosure rule (s 15(1A)) but are also listed as lawful disclosure pathways (s 13(4A)). The Local Government Act 1993 ss 274 and 275 are unaffected in relation to civic office (s 17).
Privacy legislation is disapplied for the purposes of information flows to and from the Secretary under Part 4A (s 19D(3)–(4)). The Interpretation Act 1987 applies by virtue of the note to the definition of "public authority" in s 4(1).
Section 25(2) empowers regulations to provide that the Criminal Records Act does not affect another specified Act, giving the Executive a flexible reconciliation tool. Section 21 provides a general savings clause: nothing in the Act authorises disclosure or taking account of a conviction where that would contravene any other law.
Recent changes and why
The most significant recent change was the insertion of Part 4A by the Criminal Records Amendment (Historical Homosexual Offences) Act 2014 (No 69). The objects clause was simultaneously amended to add the extinguishment scheme as a third primary object (s 3(3), inserted by Sch 1[1]). The 2014 amendments responded to the policy judgment that consensual homosexual conduct that has since been decriminalised should not continue to appear on criminal records at all. The scheme was deliberately made more robust than the spent-conviction regime: extinguishment operates "despite" certain health practitioner disclosure rules and any other Act that would otherwise allow spent-conviction disclosure (ss 19F(2), 19G(5)).
Subsequent amendments have been largely mechanical. The 2018 amendments to s 19C refined the delegation power and updated cross-references. Changes in 2020 updated references to Corrective Services NSW and added further exceptions to the disclosure offence. The 2025 amendments appearing in the consolidated text are minor updating amendments to cross-references consequent on sentencing and road transport reforms.
The crime-free period and sexual-offence exclusions have been adjusted over time to reflect changes in sentencing law (for example, the treatment of intensive correction orders and aggregate sentences) and to keep the list of excluded sexual offences current with amendments to the Crimes Act.
These changes reflect a gradual broadening of the rehabilitative purpose of the legislation while maintaining strict exclusion of serious sexual offences and public-safety-sensitive occupations.
Court challenges and controversies
The source text itself does not record specific court challenges; however, the structure of the Act reveals areas of likely contention. The Secretary's satisfaction under s 19C(1) as to consent and age is expressed as a subjective jurisdictional fact, yet the requirement to afford procedural fairness before an adverse decision (s 19C(3)) and the availability of administrative review (s 19E) indicate legislative awareness that these decisions could be challenged on reasonableness or natural justice grounds.
The interaction between the non-disclosure rule and court proceedings has been left deliberately open-textured. Section 16(1) provides that the Act does not apply to proceedings before a court or to sentencing, yet s 16(2) requires the court to take reasonable steps to minimise publication. The precise scope of that obligation has not been the subject of reported litigation in the provided text, but it is clearly intended to mitigate the tension between open justice and spent-conviction privacy.
Controversy also surrounds the breadth of the "law enforcement agency" definition in s 13(5), which includes the Independent Commission Against Corruption, the Law Enforcement Conduct Commission, the Australian Crime Commission and numerous other bodies. The exception for disclosure in the discharge of duties is wide and could, in theory, allow spent-conviction information to influence decisions in ways that are difficult for the convicted person to discover or challenge.
The 2014 extinguishment scheme has been criticised in policy circles for placing the onus on the applicant to prove historical consent and age, particularly where records are incomplete. The Secretary's power to deem a conviction no longer extinguished if the application contained false or misleading information (s 19I) is a significant sanction that could itself generate litigation concerning the threshold of materiality and the standard of proof required.
Because the Act operates by reference to many repealed or amended provisions of the Crimes Act, disputes can arise about whether a particular historical conviction falls within the eligible homosexual offence definition in s 19A or the excluded sexual offence definition in s 7(4). These are questions of statutory construction that turn on the precise text of the historical offences.
Gotchas
Most practitioners assume that once a conviction is spent it is invisible for all purposes; that is not correct. Section 15 carves out a long list of occupations (judges, police, Corrective Services staff, teachers, child-related work) where the protection simply does not apply. Even more subtly, s 15(1A) removes the protection for working-with-children clearances and NDIS worker checks even if the conviction is not itself a disqualifying offence.
The traffic-offence quarantining rule in s 11 is frequently misunderstood. A serious driving offence listed in s 11(4) (for example, dangerous driving occasioning death under s 52A(1) of the Crimes Act) does count for every crime-free period calculation, whether the later offence is traffic or non-traffic. Many compliance officers overlook this and incorrectly advise clients that all traffic matters are irrelevant.
Part 4A extinguishment is not automatic. The Secretary must positively decide that consent and age requirements are met. If the Secretary does not decide within 9 months the application is taken to have been refused (s 19E(2)), triggering a right of review. The procedural fairness step in s 19C(3) is mandatory before refusal; failure to follow it would likely invalidate the decision.
The offence provisions in ss 13 and 19G apply only to persons who have "access to records of convictions kept by or on behalf of a public authority". Private background checking agencies that obtain information second-hand may fall outside the offence, although they may still breach other legislation or contractual obligations.
Section 8(6) states that a spent conviction is not revived by a subsequent conviction. However, the subsequent conviction will itself start a new 10-year clock; if that new conviction never becomes spent, the earlier spent conviction remains spent but the person's overall record will still show a non-spent conviction.
The Act does not authorise destruction of records (s 23). Agencies must therefore maintain parallel systems that can distinguish between spent, extinguished and live convictions while still producing accurate responses to lawful requests.
Finally, the regulation-making power in s 25(4) allows a regulation to declare that, despite the Act, a conviction is taken never to have been spent or never to be capable of becoming spent. This Henry VIII-style clause means that the apparently absolute rules in the primary legislation can be overridden by subordinate legislation without parliamentary debate.
How to comply
Compliance for individuals with convictions requires a careful audit of all past matters against the s 7 exclusions. For each conviction that is capable of becoming spent, calculate the crime-free period using the rules in ss 9–11, paying particular attention to whether the matter was dealt with in the Children's Court, whether it was a traffic matter, and whether any aggregate sentence must be disaggregated under s 7(5). Once the period has elapsed, the conviction is spent automatically; no application is required except for Part 4A extinguishment.
When completing employment, licensing or insurance forms, individuals should answer criminal-history questions by reference only to non-spent, non-extinguished convictions. They should not volunteer spent matters even if they believe the employer "probably knows". If in doubt about whether a conviction is spent, a request can be made to the public authority under s 13(4B) for confirmation of their own record.
Organisations that hold or receive criminal history information must implement policies that segregate spent and extinguished convictions. Staff with access to police or court records should receive training on the s 13 and s 19G offences. Disclosure should occur only pursuant to an express exception or after obtaining legal advice. When responding to subject-access requests, organisations may lawfully provide the spent conviction information to the convicted person but must not provide it to third parties.
Agencies subject to s 19D notices from the Secretary must treat those notices as compulsory and respond promptly; the privacy legislation carve-out removes any excuse based on confidentiality.
For applications under Part 4A, practitioners should advise clients to provide the fullest possible particulars required by s 19B(2) and to anticipate a request for further information under s 19C(2). If the Secretary indicates an intention to refuse, the 14-day window to submit further material is critical and should be used to supply any available contemporaneous evidence of consent and age.
Employers in excluded occupations under s 15 must continue to ask about and consider all convictions, spent or not, but must still comply with the general prohibition on unauthorised disclosure once they have received the information.
All parties should keep the regulation-making power in mind: the current list of excluded convictions or preserved disclosure regimes may change without amendment to the Act itself. Regular checking of the NSW legislation website for regulations made under s 25 is therefore essential for ongoing compliance.
In litigation or administrative review, counsel should be alert to the precise wording of s 16(2) (the publication-minimisation obligation) and to the interaction between this Act and the character provisions of the Evidence Act 1995. Where a spent conviction is inadvertently disclosed in open court, an application for non-publication or suppression orders should be made immediately, citing both this Act and the court's inherent powers.
By following these steps—accurate classification of each conviction, disciplined non-disclosure except where statutorily required, and prompt use of the review rights in Part 4A—practitioners, individuals and organisations can navigate the scheme while minimising both legal risk and unfairness to those who have completed their crime-free periods.
Findings and orders treated as convictions for the purposes of this Act
(2) In this Act, a reference to a spent conviction includes a reference to—
(a) the charge to which the spent conviction relates, and
(b) any action taken in respect of a breach of prison discipline committed during a period of imprisonment imposed in relation to the conviction.
(2A) In this Act, a reference to an extinguished conviction includes a reference to the charge to which the extinguished conviction relates.
(3) In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(4) Notes included in this Act do not form part of this Act.
s 4: Am 1999 No 94, Sch 4.99; 2002 No 100, Sch 4.2 [1]; 2014 No 69, Sch 1 [2] [3].
5 Findings and orders treated as convictions for the purposes of this Act
5 Findings and orders treated as convictions for the purposes of this Act
5 Findings and orders treated as convictions for the purposes of this Act
The following findings or orders of a court are treated as convictions for the purposes of this Act—
(a) a finding that an offence has been proved, or that a person is guilty of an offence, without proceeding to a conviction,
(b) a finding that an offence has been proved, or that a person is guilty of an offence, and the discharging of, or the making of an order releasing, the offender conditionally on entering into a recognizance to be of good behaviour for a specified period or on other conditions determined by the court,
(c) in the case of the Children’s Court, an order under section 33 of the Children (Criminal Proceedings) Act 1987, other than an order dismissing a charge.
s 5: Am 2000 No 93, Sch 2.13.
6 Construction of certain provisions of this Act
6 Construction of certain provisions of this Act
6 Construction of certain provisions of this Act
(1) In order that the provisions of this Act may apply to convictions for offences against laws other than New South Wales laws, references in this Act to offences, convictions and courts are taken to include references to offences, convictions and courts of places other than those of New South Wales which correspond (or which correspond as closely as possible) to the relevant New South Wales offences, convictions and courts.
(2) In order that the provisions of this Act may apply to convictions imposed before the date of commencement of section 7, references in this Act to convictions are taken to include references to convictions so imposed.
Part 2 Spent convictions
Part 2 Spent convictions
Part 2 Spent convictions
7 Which convictions are capable of becoming spent?
7 Which convictions are capable of becoming spent?
7 Which convictions are capable of becoming spent?
(1) All convictions are capable of becoming spent in accordance with this Act, except the following—
(a) convictions for which a prison sentence of more than 6 months has been imposed,
(b) convictions for sexual offences,
(c) convictions imposed against bodies corporate,
(d) convictions prescribed by the regulations.
(2) A conviction may become spent in accordance with this Act whether it is a conviction for an offence against a law of New South Wales or a conviction for an offence against any other law.
(3) A conviction may become spent in accordance with this Act whether it is a conviction imposed before, on or after the date of commencement of this section.
(4) In this section—
prison sentence does not include a sentence the subject of an intensive correction order or the detaining of a person under a control order.
sexual offences means the following offences—
(a) the offences under sections 61B–61F, 65A–66D, 66F, 73, 74, 78A, 78B, 78H, 78I, 78K, 78L, 78N, 78O, 78Q, 79, 79A, 79B, 80, 91A, 91B and 91D–91G of the Crimes Act 1900,
(b) from the date of commencement of Schedule 1 (3) to the Crimes (Amendment) Act 1989, the offences under sections 61I–61P of the Crimes Act 1900,
(c) from the date of commencement of Schedule 1 (6) to the Crimes (Amendment) Act 1989, the offence under section 80A of the Crimes Act 1900,
(d) the offence under section 5 of the Summary Offences Act 1988,
(e) an offence (such as an offence under section 37 (2) or 112 of the Crimes Act 1900) which includes the commission of, or an intention to commit, an offence referred to in paragraph (a), (b), (c) or (d),
(f) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a), (b), (c), (d) or (e),
(g) an offence committed—
(i) before the date of commencement of this section against a law of New South Wales or a law of a place outside New South Wales, or
(ii) after the date of commencement of this section against a law of a place outside New South Wales,
which constituted or constitutes an offence of a similar nature to an offence referred to in paragraph (a), (b), (c), (d), (e) or (f),
(h) an offence prescribed by the regulations as a sexual offence for the purposes of this section.
(5) A reference in this section to a prison sentence means, in the case of an aggregate sentence of imprisonment (within the meaning of the Crimes (Sentencing Procedure) Act 1999) imposed in respect of more than 1 offence, each prison sentence that would have been imposed for each offence had separate sentences been imposed instead of an aggregate sentence, as recorded by the court that imposed the sentence.
s 7: Am 2010 No 48, Sch 5.9; 2014 No 23, Sch 2.3; 2018 No 29, Sch 1.11; 2025 No 67, Sch 2.4.
8 When is a conviction spent?
8 When is a conviction spent?
8 When is a conviction spent?
(1) A conviction is spent on completion of the relevant crime-free period, except as provided by this section.
(2) A finding that an offence has been proved, or that a person is guilty of an offence, without proceeding to a conviction is spent immediately after the finding is made, except as provided by this section.
(3) An order of the Children’s Court dismissing a charge and administering a caution is spent immediately after the caution is administered.
(4) A finding that an offence has been proved, or that a person is guilty of an offence, and—
(a) the discharging of, or the making of an order releasing, the offender conditionally on entering into a good behaviour bond for a specified period, on participating in an intervention program or on other conditions determined by the court, or
(b) the releasing of the offender on probation on such conditions as the court may determine, for such period of time as it thinks fit, or
(c) the making of a conditional release order, without conviction, under section 9 of the Crimes (Sentencing Procedure) Act 1999, for a specified period,
is spent on satisfactory completion of the period or satisfactory compliance with the program (including any intervention plan arising out of the program) or conditions, as the case may require.
(5) A conviction in respect of an offence of a kind which has ceased, by operation of law, to be an offence is spent immediately the offence ceased to be an offence, if the offence is prescribed by the regulations to be an offence to which this subsection applies.
(6) A conviction which is spent is not revived by a subsequent conviction.
(7) A reference in subsection (4) (a) (as substituted by the Crimes Legislation Amendment (Criminal Justice Interventions) Act 2002) to a good behaviour bond includes a reference to a recognizance to be of good behaviour made before the commencement of the Crimes (Sentencing Procedure) Act 1999.
s 8: Am 2000 No 93, Sch 2.13; 2002 No 100, Sch 4.2 [2]–[4]; 2017 No 53, Sch 4.15 [1] [2]; 2020 No 26, Sch 1.8[1].
9 What is the crime-free period for convictions of courts (other than the Children’s Court)?
9 What is the crime-free period for convictions of courts (other than the Children’s Court)?
9 What is the crime-free period for convictions of courts (other than the Children’s Court)?
(1) The crime-free period in the case of a conviction of a court (other than the Children’s Court) is any period of not less than 10 consecutive years after the date of the person’s conviction during which—
(a) the person has not been convicted of an offence punishable by imprisonment, and
(b) the person has not been in prison because of a conviction for any offence and has not been unlawfully at large.
(2) The crime-free period may commence before the date of commencement of section 7.
10 What is the crime-free period for orders of the Children’s Court?
10 What is the crime-free period for orders of the Children’s Court?
10 What is the crime-free period for orders of the Children’s Court?
(1) The crime-free period in the case of an order of the Children’s Court under section 33 of the Children (Criminal Proceedings) Act 1987 (other than a finding or order referred to in section 8 (2) or (3) of this Act) in respect of a person is any period of not less than 3 consecutive years after the date of the order during which—
(a) the person has not been subject to a control order, and
(b) the person has not been convicted of an offence punishable by imprisonment, and
(c) the person has not been in prison because of a conviction for any offence and has not been unlawfully at large.
(2) The crime-free period may commence before the date of commencement of section 7.
11 How are traffic offences to be dealt with?
11 How are traffic offences to be dealt with?
11 How are traffic offences to be dealt with?
(1) In this section, traffic offence means an offence arising out of the use of a motor vehicle or trailer (within the meaning of the road transport legislation referred to in section 6 of the Road Transport Act 2013) and non-traffic offence means any other offence.
(2) A conviction for a traffic offence and any period of imprisonment imposed as a consequence of such a conviction are to be disregarded in calculating the crime-free period for a conviction for a non-traffic offence. A conviction for a traffic offence is of relevance only in calculating the crime-free period for a conviction for an earlier traffic offence.
(3) A conviction for a non-traffic offence and any period of imprisonment imposed as a consequence of such a conviction are to be disregarded in calculating the crime-free period for a conviction for a traffic offence. A conviction for a non-traffic offence is of relevance only in calculating the crime-free period for an earlier non-traffic offence.
(4) Despite subsections (2) and (3), regard is to be had to a conviction for any of the following offences in calculating the crime-free period for any conviction (whether for a traffic offence or a non-traffic offence). A conviction for any of the following offences is of relevance in determining the crime-free period for any earlier offence. The offences are—
(a) culpable driving (section 52A of the Crimes Act 1900 as in force immediately before the commencement of Schedule 1 to the Crimes (Dangerous Driving Offences) Amendment Act 1994),
(a1) dangerous driving occasioning death (section 52A (1) of the Crimes Act 1900),
(a2) aggravated dangerous driving occasioning death (section 52A (2) of the Crimes Act 1900),
(a3) dangerous driving occasioning grievous bodily harm (section 52A (3) of the Crimes Act 1900),
(a4) aggravated dangerous driving occasioning grievous bodily harm (section 52A (4) of the Crimes Act 1900),
(b) injury by furious driving (section 53 of the Crimes Act 1900),
(c) manslaughter (section 24 of the Crimes Act 1900) or causing grievous bodily harm (section 54 of the Crimes Act 1900) where, in either case, the offence arises out of the use of a motor vehicle or trailer (within the meaning of the road transport legislation referred to in section 6 of the Road Transport Act 2013).
s 11: Am 1994 No 78, Sch 2; 1997 No 115, Sch 4.5; 1999 No 19, Sch 2.7; 2005 No 11, Sch 3.8 [1] [2]; 2013 No 19, Sch 4.15.
Part 3 Consequences of a conviction becoming spent
Part 3 Consequences of a conviction becoming spent
Part 3 Consequences of a conviction becoming spent
Division 1 General
Division 1 General
Division 1 General
1
This is an opening excerpt, not the complete document.