Criminal Records (Spent Convictions) Act 1992

In ForceNT

Jurisdiction

Northern Territory

Collection

act

Plain English Summary

6/10 complexity

What this law does (mechanically)

Creates the legal category of a "spent conviction" or "spent record": certain criminal records stop having to be disclosed and are treated, for most purposes, as if they are not part of a person's criminal history once specified conditions and time periods are met (Parts 2 and 3; see especially s6, s6A, s11).
Time periods and basic rules: a conviction becomes spent after a clean period of time measured from the date of conviction — generally 5 years for convictions in the Youth Justice Court and 10 years in other courts — provided the person has not since been convicted of an offence punishable by imprisonment or served any part of an imprisonment sentence (s6(2)(a)–(b), s6(2)(c)–(d)). Convictions that carried more than 6 months' imprisonment are excluded from becoming spent (s6(1)).
Special process for some youth convictions: where a person was under 18 when they committed the offence but was convicted in a court other than the Youth Justice Court, the spent status requires either waiting the full 10‑year period or, after 5 years, applying to the Commissioner of Police, who must inquire and notify the person if the conviction is spent (s6A(2)–(6)).
Immediate spending in particular cases: the Act treats certain non‑record outcomes (e.g. absolute discharge without recording a conviction, or many findings without proceeding to conviction) as spent immediately or on expiry/completion of orders (s7). Conditional pardons become spent when their conditions are met (s9). Repealed offences may be spent immediately subject to qualifications (s8).

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What it does

The Criminal Records (Spent Convictions) Act 1992 (NT) provides a legal mechanism by which certain old, relatively minor criminal records cease to be part of a person’s disclosable criminal history. Its stated purpose, as set out in the long title, is to facilitate the more effective rehabilitation of certain offenders by providing that, in defined circumstances, their criminal records relating to relatively minor offences may be spent and not form part of their criminal history. The Act operates by deeming a qualifying criminal record to be a “spent conviction” after a prescribed period of good behaviour, and then restricting how that record may be disclosed, used, or taken into account. Once a record becomes spent, the person to whom it relates is not required to disclose it to any other person (s 11(a)). Any question about a person’s convictions, criminal history, or criminal record is taken to refer only to records that are not spent (s 11(b)). Similarly, any reference in a provision of an Act or legislative instrument to a conviction, criminal history, or similar record is taken to refer only to records that are not spent, and a reference to a person’s character or fitness is not taken as permitting or requiring a spent record to be taken into account (s 11(c)). The Act creates offences for unauthorised disclosure of a spent record (s 12), for taking a spent record into account for an unauthorised purpose (s 13), and for fraudulently or dishonestly obtaining information about a spent record (s 14). However, the Act contains significant exclusions. Certain categories of convictions cannot become spent at all (sexual offences, offences by a body corporate, and prescribed offences: s 5). Other exclusions allow or require certain employers, public authorities, and courts to still consider spent records in specific circumstances (s 15 and s 15A). The Act binds the Crown in right of the Territory and, so far as the Legislative Assembly has legislative power, the Crown in all its capacities (s 4(1)). It applies to offences committed both before and after its commencement (s 4(2)), but does not affect the operation of the Evidence (National Uniform Legislation) Act 2011 (s 4(3)). The Act also makes provision for the revival of spent convictions if the person is convicted of a subsequent offence punishable by imprisonment (s 10). Overall, the Act creates a balance between the rehabilitative principle of allowing individuals to move beyond minor offences and the legitimate need of certain bodies to assess risk and suitability.

Current sections

Direct links to the current provisions in Criminal Records (Spent Convictions) Act 1992.

Official source available

Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.

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Sourced from NT Legislation (legislation.nt.gov.au), CC BY 4.0.

The statute's long title states the purpose is to "facilitate the more effective rehabilitation of certain offenders by providing that, in certain circumstances, their criminal records relating to relatively minor offences may be spent". The mechanics that pursue this aim are the postponement/ending of disclosure duties after specified clean periods (s6, s11), immediate spending in some non‑conviction outcomes (s7), and criminal sanctions to discourage unlawful disclosure (s12–s14).
Trade‑offs and implementation mechanisms implied by the text:
- Who bears costs: persons whose records become spent gain reduced disclosure burdens; public authorities and employers bear compliance costs to avoid unlawful use of spent records and to manage record systems that distinguish spent vs non‑spent records (s11, s12, s13, s18).
- Incentives and behavioural change: employers and licensing bodies listed in the exclusions retain the legal ability to use historic records for safety/public‑interest decisions (s15, s15A). Law enforcement retains access for prosecution and investigation (s12(3)–(5)), preserving investigatory capability while limiting public disclosure.
- Bureaucratic discretion and administrative burden: the Commissioner of Police has a statutory role to inquire and notify applicants under the youth‑conviction application pathway (s6A(3)–(6)), and the Administrator may create or adjust regulatory carve‑outs (s19), both of which introduce points of administrative decision‑making.
- Compliance and enforcement: the Act criminalises improper disclosure and use (s12–s14) and forbids destruction of spent records by public authorities (s18), creating record‑keeping and enforcement obligations for agencies.
- Opportunity costs and sectoral trade‑offs: the enumerated exclusions (s15, s15A) show a design choice to prioritise access to records for particular safety‑sensitive or integrity roles while limiting disclosure in most other contexts — this channels where rehabilitation‑related privacy benefits apply and where historic records remain available for decision‑makers.

Main concepts

The Act creates a layered system of definitions that determine which records are covered and how they interact. The central concept is a “criminal record”, defined broadly in s 3(1) to include a record of a conviction, a finding that an offence is proved without proceeding to conviction (and any order related to that finding), a conviction with an order under s 5 of the Criminal Law (Conditional Release of Offenders) Act 1971, a finding or order under Part 6 of the Youth Justice Act 2005, a quashed conviction, a pardon (including a conditional pardon), a charge in respect of which such a finding or order is made, action taken for breach of custodial correctional facility discipline, and disciplinary action taken while a youth offender is in a detention centre. It extends to similar records from a State or another Territory of the Commonwealth. A “spent conviction” is defined as a criminal record that has become spent in accordance with Part 2 of the Act (s 3). A “spent record” is a broader category: it includes a spent conviction, a criminal record in respect of a quashed conviction or an unconditional pardon, a charge not proceeded with, and a charge that has been withdrawn (s 3). Additionally, for the purposes of the exclusions in s 15A, a spent record also includes a finding that an offence has not been proved and a charge that is pending (s 15A(2)). The Act distinguishes between “traffic offences” (offences against the Traffic Act 1987 or the Traffic Regulations 1999, or prescribed offences) and “non-traffic offences” (any offence other than a traffic offence) (s 3). This distinction matters for calculating waiting periods and for revival: a subsequent traffic offence only affects the spending of traffic-related convictions, and vice versa (s 6(3)-(4), s 10). The Act also defines “sexual offence” by reference to specific provisions of the Criminal Code (Part V, Division 2, sections 201, 208H, 208HA, 208HB, 208HC, Part VIA Divisions 3 to 7, and earlier versions of certain provisions) and includes attempts, incitement, conspiracy, aiding, abetting, counselling, procuring, and being an accessory after the fact (s 3). A “violent offence” means an offence involving the use or threat of violence against another person (s 3). “Imprisonment” includes intensive community correction orders with home detention conditions, home detention orders under previous legislation, but does not include detention in a detention centre, periodic imprisonment under the Youth Justice Act, or a sentence imposed for failure to pay a penalty (s 3). “Law enforcement agency” and “public authority” are defined broadly, encompassing police, crime commissions, attorneys-general, DPP offices, legal practitioners engaged by the Crown to prosecute, the ICAC, and prescribed persons or bodies. “Public authority” also includes local government councils, government departments, and statutory bodies (s 3). These definitions determine who is bound by the disclosure obligations and who may have access to spent records for limited purposes. The Act also recognises corresponding laws of other states and territories, so that the scheme interacts with interstate spent conviction regimes (s 3(1), “corresponding law”).

Who it affects

The Act primarily affects individuals who have criminal records that may become spent. This includes persons convicted of offences in the Northern Territory, or in a State or another Territory of the Commonwealth (s 4(2)), provided the offence is not excluded. For these individuals, the Act confers a right not to disclose spent records and protects them from having those records used against them in most contexts, unless an exclusion applies. Employers, including public authorities and private sector entities that ask about criminal history, are affected because they must ensure that questions about convictions are framed to exclude spent records (s 11(b)). They must also avoid taking spent records into account for unauthorised purposes (s 13). Public authorities that hold records are subject to strict disclosure restrictions: a person with access to public authority records who discloses a spent record without consent commits an offence (s 12(1)). The Commissioner of Police has a specific role under s 6A: when an offender who was under 18 at the time of the offence but convicted in a court other than the Youth Justice Court applies after 5 years, the Commissioner must conduct an inquiry and, if the criteria are satisfied, provide written notice that the conviction is spent. The Commissioner may also disclose a spent conviction to a law enforcement agency, the holder of a prescribed office, or a prescribed person for the purpose of prosecution or sentencing submissions (s 12(3)). Law enforcement agencies may disclose spent convictions to each other for criminal investigation, prosecution, or sentencing submissions (s 12(4)). Courts are affected by s 12(5): they may require disclosure of a spent conviction only if the interests of justice require it, and must not permit publication unless that same test is met. The Act also affects applicants for certain positions. The exclusions in s 15 mean that spent convictions must still be disclosed in relation to applications for appointment or employment as a Supreme Court Judge, Local Court Judge, justice of the peace, or police officer; for arson or attempted arson in relation to firefighting or fire prevention; for violent offences in relation to applications for licences under the Firearms Act 1997; for jury service; and in court proceedings (s 15). The exclusions in s 15A extend to any application for appointment or employment to do work principally involving the care, instruction, or supervision of vulnerable persons (including children, aged persons, and persons with disability or mental illness); applications for NDIS screening checks; applications to become a correctional services officer, a public sector employee in the agency administering the Correctional Services Act 2014, an official visitor, or a volunteer; and applications for appointment or employment as the ICAC, Acting ICAC, member of ICAC staff, the Inspector, or member of Inspector staff (s 15A). These exclusions mean that in such contexts, the protections of s 11 and s 13 do not apply, and the spent record may lawfully be disclosed and taken into account.

Key duties and rights

The Act confers a bundle of rights on individuals with spent records, and imposes corresponding duties on others. The primary right is in s 11: a person with a spent record is not required to disclose that record to any other person. Any question about convictions, criminal history, or criminal record is taken to refer only to a record that is not spent. This means that if a job application asks “have you ever been convicted of an offence”, the answer can lawfully omit spent convictions. Similarly, when an Act or instrument refers to a person’s character or fitness, that reference is not taken as permitting or requiring a spent record to be taken into account (s 11(c)(ii)). The duty not to disclose spent records falls on any person with access to records kept by or on behalf of a public authority which include spent records: that person must not disclose the record or information relating to it without the consent of the person to whom it relates, unless the disclosure is authorised by Part 3 (s 12(1)). A similar duty applies to any person who knows or should reasonably be expected to know that a record is a spent record: they must not disclose it without consent (s 12(2)). The Act creates exceptions for law enforcement purposes: the Commissioner of Police may disclose a spent conviction to a law enforcement agency, the holder of a prescribed office, or a prescribed person for prosecution or sentencing (s 12(3)). Law enforcement agencies may disclose spent convictions to each other for criminal investigation, prosecution, or sentencing (s 12(4)). Courts may require disclosure if the interests of justice require it, but must not permit publication unless that test is met (s 12(5)). Archives and libraries may make available material that is normally available for public scrutiny (s 12(6)). The duty not to take a spent record into account is found in s 13: a person who takes a spent record into account for a purpose not authorised by or under an Act commits an offence. This reinforces the right of the individual not to have the record used against them. However, this duty is subject to the exclusions in ss 15 and 15A, which carve out specific purposes where the spent record may lawfully be considered. There is also a duty not to fraudulently or dishonestly obtain information about a spent record (s 14). For individuals, there are also duties: if an exclusion applies, the individual must still disclose the spent record when asked. For example, an applicant for a police officer position cannot rely on s 11 to avoid disclosing a spent conviction (s 15(a)). Similarly, in court proceedings, spent convictions may be disclosed if the court considers the interests of justice require it (s 15(f)). The Act also creates a revival mechanism: a spent conviction ceases to be spent if the person is convicted of a subsequent offence punishable by imprisonment, with separate rules for traffic and non-traffic offences (s 10). That spent conviction may become spent again after the relevant waiting period from the date of the subsequent conviction (s 10(3)-(4)).

Penalties and enforcement

The Act creates several offences with specified maximum penalties, all found in Part 3 Division 1. Unlawful disclosure of a spent record by a person with access to public authority records carries a maximum penalty of 40 penalty units or imprisonment for 6 months (s 12(1)). Unlawful disclosure by a person who knows or should reasonably know that the record is a spent record also carries a maximum penalty of 40 penalty units, but without imprisonment (s 12(2)). Taking a spent record into account for an unauthorised purpose carries a maximum penalty of 40 penalty units (s 13). Fraudulently or dishonestly obtaining or attempting to obtain information about a spent record kept by or on behalf of a public authority carries a maximum penalty of 40 penalty units or imprisonment for 6 months (s 14). These penalties have been amended over time; for instance, s 12 was amended by Act No. 35 of 1993 and later by Act No. 12 of 2010 (Justice Legislation Amendment (Penalties) Act 2010) to adjust penalty amounts. The penalty unit is defined in the Interpretation Act 1978 and is subject to periodic adjustment. The Act does not designate a specific enforcement body. Prosecutions for offences under the Act would ordinarily be brought by the Director of Public Prosecutions (NT) or a law enforcement agency. The Act also provides that nothing in it authorises a person to disclose a charge, finding, order, or conviction, or to take it into account, if doing so would contravene any other law in force in the Territory (s 16). This means the Act is not a defence to a breach of another law that prohibits disclosure or use. The enforcement of the Act is also supported by the ability of courts to require disclosure of a spent conviction only where the interests of justice require it (s 12(5)), which acts as a safeguard against misuse of the court’s power. The regulations made under s 19 may also prescribe matters relating to the operation of the Act, but the Act itself does not create a dedicated inspectorate or compliance body. The practical enforcement of the disclosure offences relies on affected individuals reporting breaches to police or the DPP, and on public authorities having internal policies to prevent unauthorised disclosures. The Act’s exclusion provisions (ss 15 and 15A) provide defences or carve-outs from liability for those who disclose or use spent records in the listed circumstances.

How it interacts with other laws

The Act expressly states that it does not affect the operation of the Evidence (National Uniform Legislation) Act 2011 (s 4(3)). This means that the rules of evidence in that Act, including provisions about admissibility of evidence of prior convictions, are not overridden by the spent convictions regime. Section 16 provides that nothing in the Act authorises a person to disclose a charge, finding, order, or conviction, or to take it into account, if to do so would contravene any other law in force in the Territory. This is a savings provision that ensures the Act does not create a defence to other laws that forbid disclosure or use (for example, privacy laws). Section 17 preserves anything lawfully done before a matter becomes a spent record; that is, actions taken before the record became spent are not affected by the fact that it later becomes spent. Section 18 clarifies that the Act does not authorise the destruction of a spent record by or on behalf of a public authority; records must be retained even if they are spent. The Act recognises corresponding laws of other states and territories: the definition of “corresponding law” in s 3(1) means that references to an Act of the Territory include a reference to such corresponding laws, and the Act applies to offences committed in other jurisdictions as well. The exclusions in s 15 explicitly reference other NT legislation: for example, s 15(d) refers to the Firearms Act 1997 and the granting, reissuing, or revocation of a licence, permit, or registration under that Act. Section 15A(1AA) references the National Disability Insurance Scheme (Worker Clearance) Act 2020, providing that the spending protections do not apply to applications for screening checks under the NDIS. Section 15A(1B) references the Independent Commissioner Against Corruption Act 2017 and section 126 of that Act. The definitions throughout the Act cross-reference the Criminal Code, the Sentencing Act 1995, the Youth Justice Act 2005, the Criminal Law (Conditional Release of Offenders) Act 1971, and others. The regulation-making power in s 19(2) allows regulations to provide that the Act or a provision of it does not affect another Act (whether enacted before or after the Act’s commencement), and the Act is to be construed accordingly. This gives the executive a mechanism to resolve potential conflicts between the spent convictions regime and other legislation. Section 19(3) allows regulations to provide that a provision of the Act does not apply to a specific record, person, class of persons, or specified circumstances. The minister must review such regulations in the fifth year after they are made and every fifth year thereafter (s 19(4)). This ensures that any exclusions created by regulation are periodically reconsidered. The Act also interacts with interstate spent conviction schemes through the recognition of corresponding laws, which is important for individuals who have convictions from multiple jurisdictions.

Amendment history

The Criminal Records (Spent Convictions) Act 1992 was originally enacted as Act No. 76 of 1992, assented to on 14 December 1992, and commenced on 29 March 1993 (Gazette G12, 24 March 1993, page 3). Since then, it has been amended by numerous Acts, reflecting changes in sentencing law, youth justice, sexual offences definitions, and the creation of new agencies. The first amendment was the Criminal Records (Spent Convictions) Amendment Act 1993 (No. 35, 1993), which modified s 12. The Sentencing (Consequential Amendments) Act 1996 (No. 17, 1996) and Statute Law Revision Act 1996 (No. 42, 1996) made various amendments. The Criminal Records (Spent Convictions) Amendment Act 1998 (No. 8, 1998) amended s 3 and s 15. A significant amendment was the Criminal Records (Spent Convictions) Amendment Act 2002 (No. 26, 2002), which inserted s 6A, creating a special process for offenders under 18 who were convicted in a court other than the Youth Justice Court. The Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (No. 1, 2004) amended s 13. The Criminal Records (Spent Convictions) Amendment Act 1998 had already made changes, but 2004 also saw the insertion of s 15A by Act No. 1 of 2004, adding exclusions for work with vulnerable persons and later expanding that section. The Australian Crime Commission (Consequential Amendments) Act 2005 (No. 7, 2005) and the Youth Justice (Consequential Amendments) Act 2005 (No. 33, 2005) updated references to the Youth Justice Court and the Youth Justice Act 2005. The Justice Legislation Amendment (Penalties) Act 2010 (No. 12, 2010) adjusted penalty amounts in ss 12, 13, and 14. The Evidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (No. 23, 2012) added s 4(3). The Correctional Services (Related and Consequential Amendments) Act 2014 (No. 27, 2014) and the Local Court (Related Amendments) Act 2016 (No. 8, 2016) updated references. The Independent Commissioner Against Corruption (Consequential and Related Amendments) Act 2018 (No. 3, 2018) added s 15A(1B) for ICAC appointments. The Sex Industry Act 2019 (No. 40, 2019) amended s 15. The National Disability Insurance Scheme (Worker Clearance) Act 2020 (No. 7, 2020) added s 15A(1AA). The Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (No. 20, 2023) updated the definition of sexual offence. The Justice and Other Legislation Amendment Act 2024 (No. 4, 2024) made further amendments, and the most recent amendment at the time of this version is the Youth Justice Legislation Amendment Act 2025 (No. 21, 2025), which amended s 4 and commenced on 4 September 2025. General amendments of a formal nature have also been made by the Interpretation Legislation Amendment Act 2018 (No. 22 of 2018). The continual amendment of the Act demonstrates its responsiveness to changes in related legislation and the need to balance rehabilitation with public safety in specific contexts.

Litigation history

The Act as published does not contain any references to specific litigation or case law. The text of the Act does not cite any judicial decisions. This is not unusual for a spent convictions statute; such Acts are often the subject of litigation in other jurisdictions, but the Northern Territory version does not reference any cases. The provisions of the Act have been amended over time, which may indicate that the legislature has responded to practical or legal challenges that arose in its operation, but the Act itself provides no details. For instance, the introduction of s 6A in 2002 may have been a response to concerns about young offenders convicted in adult courts being disadvantaged by the longer 10-year waiting period. Similarly, the expansion of exclusions in s 15A (for vulnerable persons, NDIS, correctional services, ICAC) likely reflects policy decisions to align the spent convictions regime with broader safeguarding frameworks. The Act’s provisions on revival (s 10) mirror common law principles seen in spent convictions legislation elsewhere. Section 12(5), which allows a court to require disclosure of a spent conviction if the interests of justice require it, is a provision that could be judicially considered in the context of criminal proceedings or sentencing. Similarly, s 15(f) allows spent convictions to be taken into account in court proceedings or investigations for the purpose of proceedings, including decisions on sentencing, but prohibits publication unless the interests of justice require it. These sections may be the subject of judicial interpretation in specific cases, but no such cases are recorded in the Act. The Act also provides in s 12(5) that a court must not require disclosure or permit publication unless it is of the opinion that the interests of justice in the particular circumstances require the disclosure or publication. This is a discretionary standard that could be litigated if a party challenges a court’s decision. However, because the Act itself contains no case references, any analysis of litigation history would have to be drawn from external resources, which are beyond the scope of this source-grounded deep dive. The absence of cited cases in the Act text does not mean the Act has never been litigated, but the source does not provide that information.

Gotchas

Several aspects of the Act may trap unwary individuals, employers, and legal practitioners. First, the distinction between a “spent conviction” and a “spent record” is critical. A spent conviction is only a criminal record that has become spent under Part 2. A spent record is broader, including quashed convictions, unconditional pardons, charges not proceeded with, and withdrawn charges. For the purposes of s 15A, spent record also includes findings that an offence has not been proved and pending charges (s 15A(2)). This means that even a charge that has not yet been determined may be considered for certain types of employment (vulnerable persons work, NDIS, correctional services, ICAC). Second, the exclusion of records from Part 2 altogether: criminal records of sexual offences, offences by a body corporate, and prescribed offences can never become spent convictions (s 5). A person with such a record cannot rely on s 11 at all. Third, for adult offenders, a sentence of imprisonment for more than 6 months (even if suspended) prevents the record from ever becoming a spent conviction under s 6(1) - note that this only applies to the record of that particular conviction; the definition of “criminal record” in s 6 is narrower than in the rest of the Act. Fourth, the waiting period is not automatic for all offenders. Under s 6A, an offender under 18 at the time of the offence but convicted in an adult court must apply to the Commissioner of Police after 5 years; otherwise the conviction does not become spent until the 10-year period in s 6(2)(b) expires. This is a trap: if the person does not apply, they cannot rely on the 5-year period. Fifth, the revival provisions in s 10 are category-specific. A conviction for a non-traffic offence ceases to be spent only if the person is convicted of a subsequent non-traffic offence punishable by imprisonment (s 10(1)). A traffic conviction ceases to be spent only upon a subsequent traffic offence punishable by imprisonment (s 10(2)). This means that a person with a spent non-traffic conviction does not revive it by getting a simple traffic fine. But careful: the definition of “punishable by imprisonment” includes any offence that carries imprisonment as a possible penalty, not just those where imprisonment is imposed. Sixth, the exclusions in ss 15 and 15A are not exhaustive - the regulations may prescribe additional exclusions (s 19(3)), and s 19(2) allows regulations to provide that the Act or a provision does not affect another Act. So the real scope of exclusions may be broader than what appears in the Act itself. Seventh, the prohibition on destruction (s 18) means that public authorities must keep spent records even though they cannot disclose them. This can create a data retention burden and a risk of inadvertent disclosure. Eighth, s 12(2) applies to any person who “knows or should reasonably be expected to know” that a record is a spent record. This creates a constructive knowledge obligation, so even if the person did not actually know, they may still be liable if they ought to have known. Ninth, for court proceedings, s 12(5) and s 15(f) allow disclosure but restrict publication - a court may require disclosure if the interests of justice require, but publication is only allowed on the same test. Practitioners should not assume that a spent conviction cannot be mentioned in court at all; it can be, but it should not be published without a judicial determination. Tenth, the interplay with other laws: s 16 says the Act does not authorise contravention of other laws. So if another Act (such as the NDIS worker screening provisions) requires disclosure of all criminal history including spent records, the Act does not provide a defence for withholding that information. The specific exclusions in s 15A make that clear for NDIS and other roles.

How to comply

For individuals seeking to benefit from the Act, the first step is to determine whether a conviction can become spent. If the offence is a sexual offence, an offence by a body corporate, or a prescribed offence, spending is impossible (s 5). If a sentence of imprisonment of more than 6 months (including suspended) was imposed, spending is impossible for that conviction (s 6(1)). For qualifying convictions, the individual must wait the relevant period without being convicted of an offence punishable by imprisonment and without serving any part of a sentence of imprisonment (s 6(2)). For convictions in the Youth Justice Court, the period is 5 years; for convictions in any other court (including adult court), the period is 10 years. Offenders under 18 at the time of the offence but convicted in an adult court have a special path: after 5 years, they should apply to the Commissioner of Police in writing under s 6A(3). The Commissioner will then conduct an inquiry to confirm the 5-year period of good behaviour, and if satisfied, will give written notice that the conviction is spent (s 6A(4)-(6)). Without that application, the 10-year period in s 6(2)(b) applies. Individuals should keep records of conviction dates and ensure they have no subsequent convictions punishable by imprisonment during the waiting period. Once a conviction is spent, the individual is not required to disclose it (s 11). However, if the individual applies for a position covered by the exclusions (e.g. police officer, judge, JP, firefighter, firearms licence, work with vulnerable persons, NDIS worker, correctional services officer, ICAC official), they must still disclose the spent record (s 15, s 15A). For employers and public authorities, compliance requires policies that distinguish between spent and unspent records. Questions in job application forms should be worded to exclude spent records, for example by asking “Do you have any convictions that are not spent under the Criminal Records (Spent Convictions) Act 1992?”. Employers who are entitled to ask about spent records (because an exclusion applies) must ensure they only act within the scope of the exclusion. Records kept by public authorities must not be disclosed without consent, except for law enforcement or court purposes under s 12(3)-(5). Staff with access to criminal records databases must be trained on the distinction between spent and unspent records and the prohibition on disclosure. The Commissioner of Police must process applications under s 6A and issue written notices. The Commissioner and law enforcement agencies may disclose spent convictions for prosecution, investigation, or sentencing purposes, but should maintain logs of such disclosures. Courts should be cautious about requiring disclosure of spent convictions unless the interests of justice clearly require it, and should not permit publication unless that same test is met (s 12(5), s 15(f)). Archives and libraries may make material normally available for public scrutiny available, even if it contains spent record information (s 12(6)). Overall, compliance involves a nuanced understanding of which records are spent, which are excluded, and which purposes are authorised. Regular training and possibly legal advice are recommended for organisations that handle criminal records or employ people in excluded categories.