13Unlawful 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— > > > > > (a) making the information available is not an offence under the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), and > > > > > (b) the person employed in Corrective Services NSW does not know, and could not reasonably be expected to know, the conviction is a spent conviction. > > > (4A) It is not an offence for a person to make information relating to a spent conviction available as authorised or required under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051) or the [National Disability Insurance Scheme (Worker Checks) Act 2018](/view/html/inforce/current/act-2018-082). > > > (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. > > > (5) In this section— > > > > Corrective Services NSW has the same meaning as in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > 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\[2\] \[3\].