1Spent Convictions Act 1988

![Crest]()Western Australia Spent Convictions Act 1988 Western Australia Spent Convictions Act 1988 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Convictions to which Act does not apply 3 5. Act binds Crown 3 Part 2 — Requirements for convictions to become spent 6. Serious convictions 4 7. Lesser convictions 5 8. Convictions in other jurisdictions (Sch. 2) 5 9. Term used: serious conviction 5 10. Term used: lesser conviction 6 11. Prescribed period, defined 6 Part 3 — Effect of a conviction becoming spent Division 1 — Application 12. Application of Part 3 9 13. Effect of Part 3 on other laws 9 Division 2 — Exceptions 14. Div. 4 does not affect certain matters 10 15. Bail decisions not affected by s. 25, 26 or 27 10 16. Further exceptions to Part 3 11 Division 3 — Discrimination on ground of spent conviction 17. Terms used 11 18. Job applicants and employees, discrimination against 12 19. Commission agents, discrimination against 13 20. Contract workers, discrimination against 13 21. Organisations of workers and employers, discrimination by 14 22. Authorities that confer authorisations and qualifications, discrimination by 14 23. Employment agencies, discrimination by 15 24. Enforcement of this Division 15 Division 4 — Other effects 25. Interpretation of written laws 16 26. Assessment of character under written law 16 27. Disclosure or acknowledgment of spent convictions 16 28. Unlawful access to criminal records 17 Part 4 — Miscellaneous 29. *Equal Opportunity Act 1984*, application of 18 30. Spent conviction not revived after parole or early release cancelled 18 31. Prerogative of mercy not affected 19 32. Act applies to convictions incurred before commencement 19 33. Regulations 19 Schedule 1 — Provisions relating to application under section 6(1) 1. Application under s. 6(1) 20 2. Parties to application 20 3. Hearing of application 21 4. Rules of evidence not to apply 21 5. Powers of judge and officers 21 6. Witnesses 21 7. Alternatives to holding hearing 22 8. Costs 22 9. Court order to be sent to applicant and police 22 Schedule 2 — Convictions in other jurisdictions 1. Queensland 23 2. Commonwealth and Norfolk Island 23 3. New South Wales 23 Schedule 3 — Exceptions to Part 3 1. Exceptions as to all spent convictions 24 2. Exceptions as to spent convictions for certain offences in order to protect children 40 3. Exceptions as to spent convictions relating to the protection of people with disability 43 Notes Compilation table 45 Uncommenced provisions table 50 Other notes 50 Defined terms Spent Convictions Act 1988 An Act to make provision for a person who has been convicted of an offence against the law of this State or of a foreign country and who has not re‑offended during a specified period to be rehabilitated by limiting the effects of the conviction, to enable that limitation to apply to a conviction against the law of another State or Territory to which a corresponding law thereof applies, to limit the effects of a dismissal or withdrawal of a charge, and for connected purposes. [Long title amended: No. 84 of 2004 s. 80.] ## Part 1 — Preliminary ##### 1. Short title This Act may be cited as the *Spent Convictions Act 1988*. ##### 2. Commencement This Act shall come into operation on such day as is fixed by proclamation. ##### 3. Terms used (1) In this Act, unless the contrary intention appears — Commissioner of Police means the Commissioner of Police appointed under section 5 of the *Police Act 1892*; Commonwealth law includes a law that was in force in — (a) the territory of Papua New Guinea before 16 September 1975; and (b) the territory of Nauru before 31 January 1968; conviction means a conviction incurred by a natural person for an offence against the law of this State or of a foreign country; life imprisonment includes strict security life imprisonment; minor punishment means a fine not exceeding $100 or such amount as may be prescribed; spent conviction means a conviction that is spent under section 6, 7 or 8 or that is spent by virtue of a spent conviction order made under section 39 of the *Sentencing Act 1995*. (2) For the purposes of this Act — (a) references to imprisonment do not include — (i) imprisonment until a fine is paid, ordered under section 58 of the *Sentencing Act 1995*; or (ii) a sentence of imprisonment until a fine is paid or a recognisance is entered into, that was imposed under section 19(5) or (6) of *The Criminal Code* 1; (b) references to imprisonment for an indeterminate period include — (i) indefinite imprisonment imposed under Part 14 of the *Sentencing Act 1995*; (ii) detention that was ordered under section 19(6a)(a), 661 or 662 of *The Criminal Code* 1; (c) a sentence imposed by a court outside Western Australia shall be regarded as if it were a sentence of a kind most nearly corresponding to a sentence that may be imposed by a court in Western Australia. [Section 3 amended: No. 78 of 1995 s. 120.] ##### 4. Convictions to which Act does not apply (1) Sections 6 and 7 do not apply to — (a) a conviction to which section 189 of the *Young Offenders Act 1994* applies; (b) a conviction that under section 20 of the *Offenders Community Corrections Act 1963* 2 was deemed not to be a conviction; (c) a conviction that under section 40(2) of the *Child Welfare Act 1947* 3 was deemed not to be a conviction. (2) A conviction for which the penalty imposed by the court is or includes a sentence of life imprisonment is not capable of becoming spent under section 6 or 7. [Section 4 amended: No. 78 of 1995 s. 121.] ##### 5. Act binds Crown This Act binds the Crown. ## Part 2 — Requirements for convictions to become spent ##### 6. Serious convictions (1) A serious conviction incurred by a person becomes spent if, on application being made by that person to a District Court judge, the judge makes an order declaring that the conviction is spent. (2) An application under subsection (1) may not be made by a person in respect of a conviction — (a) until the prescribed period for that conviction has expired; or (b) if a judge has refused to make an order under that subsection in respect of the same conviction within the preceding 2 years. (3) The provisions in Schedule 1 apply to an application under subsection (1) and the determination of the application. (4) The making of an order under subsection (1) is at the discretion of the judge and that discretion shall be exercised having regard to — (a) the length and kind of sentence imposed in respect of the conviction; and (b) the length of time since the conviction was incurred; and (c) whether the conviction prevents or may prevent the applicant from engaging in a particular profession, trade or business or in a particular employment; and (d) all the circumstances of the applicant, including the circumstances of the applicant at the time of the commission of the offence and at the time of the application; and (e) the nature and seriousness of the offence; and (f) the circumstances surrounding the commission of the offence; and (g) whether there is any public interest to be served in not making an order. [Section 6 amended: No. 24 of 1989 s. 3.] ##### 7. Lesser convictions (1) A lesser conviction incurred by a person becomes spent when, on application being made in the prescribed form by that person to the Commissioner of Police, the Commissioner issues to the applicant a certificate that the conviction is spent. (2) An application under subsection (1) may not be made by a person in respect of a conviction until the prescribed period for that conviction has expired. (3) The Commissioner of Police does not have a discretion to issue or not issue a certificate under subsection (1) but must issue a certificate if the application conforms with this Act. (4) When the Commissioner of Police issues a certificate under subsection (1) he shall also give to the person notice in the form referred to in section 33(2). ##### 8. Convictions in other jurisdictions (Sch. 2) (1) A conviction for an offence against Commonwealth law or the law of another State or of a Territory is spent if it comes within a clause of Schedule 2. (2) Regulations may be made under section 33 amending Schedule 2 to make provision for or in relation to convictions by courts of the Commonwealth or of other States or of Territories. ##### 9. Term used: serious conviction For the purposes of this Act serious conviction means a conviction in respect of which the sentence imposed is — (a) imprisonment for more than one year or for an indeterminate period; or (b) a fine of $15 000 or more. ##### 10. Term used: lesser conviction (1) For the purposes of this Act lesser conviction means a conviction in respect of which the sentence imposed is not a sentence referred to in section 9 or a sentence of life imprisonment. (2) Notwithstanding subsection (1), if a person who has incurred a lesser conviction that is not spent incurs a conviction (including a conviction for an offence against Commonwealth law or the law of another State or of a Territory) for which a sentence referred to in section 9 or a sentence of life imprisonment is imposed, the lesser conviction thereafter becomes a serious conviction for the purposes of this Act. ##### 11. Prescribed period, defined (1) The prescribed period for a conviction is — (a) 10 years, or 3 years if subsection (6) applies, plus any period of imprisonment relevant to that conviction, reckoned in accordance with this section; or (b) where applicable, the period provided for by subsection (4). (2) If any such imprisonment is for an indeterminate period — (a) the period of 10 years commences with the day on which the person is discharged from that sentence; and (b) the period of imprisonment is the actual period served. (3) In all other cases where a sentence of imprisonment is imposed — (a) the period of 10 years commences with the day on which the conviction is incurred; and (b) the period of imprisonment (if any) is the period imposed, regardless of the period actually served. (4) Notwithstanding subsections (2) and (3), if at the time when a person incurs a conviction, including a conviction for an offence against Commonwealth law or the law of another State or of a Territory, (in this subsection called the latest conviction) he has any other conviction that is not a spent conviction (in this subsection called any previous conviction) — (a) the prescribed period that has elapsed for any previous conviction shall be disregarded and the prescribed period for the latest conviction and any previous conviction shall — (i) be the longer or longest of the prescribed periods for all those convictions; and (ii) that period shall commence to run from the time of the latest conviction; and (b) if a sentence of imprisonment in respect of the latest conviction is ordered to be served cumulatively on a sentence of imprisonment ordered to be served in respect of any previous conviction, the period of the sentence imposed for the latest conviction shall be added to the prescribed period for that previous conviction. (5) In subsection (4) the latest conviction does not include a conviction for which no punishment, or only minor punishment, was imposed. (6) The prescribed period for a conviction is 3 years if the conviction — (a) is for an offence that involves cannabis under the *Misuse of Drugs Act 1981* — (i) section 5(1)(d)(i) or 7B(6); or (ii) section 6(2), but does not involve a cannabis plant under cultivation, cannabis resin or any other cannabis derivative; and (b) was not incurred before the commencement of the *Cannabis Law Reform Act 2010* Part 4. [Section 11 amended: No. 45 of 2010 s. 10; No. 45 of 2011 s. 13; No. 56 of 2011 s. 13.] ## Part 3 — Effect of a conviction becoming spent ### Division 1 — Application ##### 12. Application of Part 3 This Part applies to — (a) a dismissal under — (i) section 669(1)(a) of *The Criminal Code* 1; and (ii) section 34 or 34B of the *Child Welfare Act 1947* 3; and (ab) a conviction that under section 20 of the *Offenders Community Corrections Act 1963* 2 was deemed not to be a conviction; and (ac) a conviction that under section 40(2) of the *Child Welfare Act 1947* 3 was deemed not to be a conviction; and (b) a charge formally made in court that a person has committed an offence where — (i) the charge is withdrawn; or (ii) the charge is disposed of without a conviction being recorded, as if the dismissal or charge were a spent conviction. [Section 12 amended: No. 78 of 1995 s. 122; No. 10 of 1998 s. 65(1).] ##### 13. Effect of Part 3 on other laws This Part has effect notwithstanding any other written law. ### Division 2 — Exceptions ##### 14. Div. 4 does not affect certain matters (1) Nothing in Division 4 affects — (a) the procedure of, or evidence admissible in, proceedings of a court or tribunal that applies the laws of evidence or proceedings under section 6; or (b) the Commissioner of Police acting under section 7. (2) Without limiting subsection (1) — (a) sections 25(2), 26(1) and 27 do not apply in proceedings of a court or tribunal referred to in subsection (1)(a) or proceedings under section 6; (b) section 25(1) does not apply in a court or tribunal for the purpose of — (i) the determination of the guilt or innocence of a person charged with an offence where a conviction is relevant to that determination; or (ii) a determination of the appropriate punishment to be imposed by that court or tribunal for an offence. (3) A court, tribunal or judge that receives evidence of a spent conviction shall take such steps as are reasonably available to avoid or minimise publication of that evidence. ##### 15. Bail decisions not affected by s. 25, 26 or 27 Sections 25(1) and (2), 26(1) and 27 do not apply for the purposes of any decision relating to the bail of a person for an appearance in a court. ##### 16. Further exceptions to Part 3 (1) Regulations may be made under section 33 — (a) amending this Act by inserting a Schedule or Schedules making provision for exceptions to this Part; or (b) amending any such Schedule. (2) An exception created under the power in subsection (1) may be expressed — (a) by reference to — (i) an employer, principal, organisation, authority, agency or other person who would otherwise be bound by this Part, or any class thereof; (ii) an employee, contract worker, or other person who would otherwise have the benefit of this Part, or any class thereof; (iii) a type of employment or legal relationship to which this Part relates, or any class thereof; (b) to apply to — (i) the whole, or any specified provision, of this Part; or (ii) all spent convictions or spent convictions for specified offences or classes of offences, or in terms that are a combination of any 2 or more of the foregoing. ### Division 3 — Discrimination on ground of spent conviction ##### 17. Terms used (1) In this Division commission agent, committee of management, contract worker, employment, employment agency and principal have the respective meanings assigned to them by the *Equal Opportunity Act 1984*. (2) For the purposes of this Division, a person (in this subsection referred to as the discriminator) discriminates against another person (in this subsection referred to as the aggrieved person) on the ground of a spent conviction if — (a) on the ground of that conviction or the charge to which it relates, the discriminator treats the aggrieved person less favourably than, in the same circumstances or in circumstances that are not materially different, the discriminator treats or would treat a person who had never incurred a conviction; or (b) the discriminator requires the aggrieved person to comply with a requirement or condition that is not reasonable having regard to the circumstances of the case. ##### 18. Job applicants and employees, discrimination against (1) It is unlawful for an employer to discriminate against a person on the ground of a spent conviction of the person — (a) in the arrangements made for the purpose of determining who should be offered employment; or (b) in determining who should be offered employment; or (c) in the terms or conditions on which employment is offered. (2) It is unlawful for an employer to discriminate against an employee on the ground of a spent conviction of the employee — (a) in the terms or conditions of employment that the employer affords the employee; or (b) by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment; or (c) by dismissing the employee; or (d) by subjecting the employee to any other detriment. ##### 19. Commission agents, discrimination against (1) It is unlawful for a principal to discriminate against a person on the ground of a spent conviction of the person — (a) in the arrangements the principal makes for the purpose of determining who should be engaged as a commission agent; or (b) in determining who should be engaged as a commission agent; or (c) in the terms or conditions on which the person is engaged as a commission agent. (2) It is unlawful for a principal to discriminate against a commission agent on the ground of a spent conviction of the commission agent — (a) in the terms or conditions that the principal affords the commission agent as a commission agent; or (b) by denying the commission agent access, or limiting the commission agent’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with the position as a commission agent; or (c) by terminating the engagement; or (d) by subjecting the commission agent to any other detriment. ##### 20. Contract workers, discrimination against It is unlawful for a principal to discriminate against a contract worker on the ground of a spent conviction of the contract worker — (a) in the terms or conditions on which the principal allows the contract worker to work; or (b) by not allowing the contract worker to work or continue to work; or (c) by denying the contract worker access, or limiting the contract worker’s access, to any benefit associated with the work in respect of which the contract with the employer is made; or (d) by subjecting the contract worker to any other detriment. ##### 21. Organisations of workers and employers, discrimination by (1) This section applies to an organisation of employees and to an organisation of employers. (2) It is unlawful for an organisation to which this section applies or for a committee of management of such an organisation or for a member of such a committee of management to discriminate against a person who is not a member of the organisation on the ground of a spent conviction of the person — (a) by refusing or failing to accept the person’s application for membership; or (b) in the terms or conditions on which the organisation is prepared to admit the person to membership. (3) It is unlawful for an organisation to which this section applies or for the committee of management of such an organisation or for a member of such a committee of management to discriminate against a person who is a member of the organisation on the ground of a spent conviction of the person — (a) by denying the person access, or limiting the person’s access, to any benefit provided by the organisation; or (b) by depriving the person of membership or varying the terms of membership; or (c) by subjecting the person to any other detriment. ##### 22. Authorities that confer authorisations and qualifications, discrimination by It is unlawful for an authority that is empowered to confer, renew, extend, revoke or withdraw an authorisation or qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or the engaging in of an occupation to discriminate against a person on the ground of a spent conviction of the person — (a) by refusing or failing to confer, renew or extend the authorisation or qualification; or (b) in the terms or conditions on which it is prepared to confer the authorisation or qualification or to renew or extend the authorisation or qualification; or (c) by revoking or withdrawing the authorisation or qualification or varying the terms or conditions upon which it is held. ##### 23. Employment agencies, discrimination by It is unlawful for an employment agency to discriminate against a person on the ground of a spent conviction of the person — (a) by refusing to provide the person with any of its services; or (b) in the terms or conditions on which it offers to provide the person with any of its services; or (c) in the manner in which it provides the person with any of its services. ##### 24. Enforcement of this Division (1) Where it is alleged that a contravention of this Division has occurred, a complaint may be lodged under section 83(1) or (2) of the *Equal Opportunity Act 1984* as if the alleged contravention were a contravention of that Act, and the provisions of that Act shall apply accordingly. (2) A contravention of this Division shall not attract any sanction or consequence, whether criminal or civil, except as provided in subsection (1). (3) Nothing in subsection (2) prevents an action for defamation. ### Division 4 — Other effects ##### 25. Interpretation of written laws (1) A reference in a written law of this State (other than this Act) to a conviction of a person for an offence does not include a reference to a spent conviction. (2) A written law of this State that requires a person to disclose or acknowledge matters relating to a convicted person does not require the disclosure or acknowledgment of a spent conviction or the charge to which the conviction relates. ##### 26. Assessment of character under written law (1) Where a written law of this State permits or allows a person to consider, take into account, or determine the good character, fitness, propriety or other like attribute of a person for the purposes of that written law, the person shall not in doing so have regard to a spent conviction or the charge to which the conviction relates. (2) Failure to comply with subsection (1) is not an offence, but this subsection does not affect any other remedy that may be invoked in respect of the failure. ##### 27. Disclosure or acknowledgment of spent convictions (1) Questions about a convicted person put to that person or any other person shall not be taken to relate to a spent conviction or the charge to which the conviction relates. (2) A rule of common law or equity, or a provision of an agreement or arrangement, that requires the disclosure or acknowledgment of matters relating to a convicted person does not require the disclosure or acknowledgment of a spent conviction or the charge to which the conviction relates. ##### 28. Unlawful access to criminal records (1A) In this section — child means a person under 18 years of age; official criminal record means a record containing information about the results of criminal proceedings kept for the purposes of its functions by any police force, court, government department, local or other public authority in Western Australia. (1) A person shall not, without lawful reason, obtain information about a spent conviction, or the charge to which the conviction relates, from an official criminal record. Penalty: $1 000. (2) Subsection (1) does not apply to a prescribed person if — (a) the person is required or permitted under a prescribed law of the Commonwealth, another State or a Territory to obtain or deal with information about a person who works, or seeks to work, with a child or a person with disability; and (b) the purpose of obtaining the information from an official criminal record is to obtain or deal with the information in accordance with the prescribed law. [Section 28 amended: No. 7 of 2010 s. 27; No. 48 of 2020 s. 85.] ## Part 4 — Miscellaneous ##### 29. *Equal Opportunity Act 1984*, application of Without limiting section 24, for the purposes of this Act — (a) the Minister has the powers conferred by sections 81 and 107(1) of the *Equal Opportunity Act 1984* on the Minister to whom the administration of that Act is committed; and (b) the Commissioner under that Act has the functions set out in section 80(a), (b)(i), (c), (e) and (h), section 81 and section 95 of that Act, in relation to discrimination on the ground of a spent conviction or the charge to which it relates, as provided in Division 3 of Part 3, as if such discrimination were a form of discrimination to which that Act applies; and (c) sections 155, 159, 160, 161, 162 and 163 of the *Equal Opportunity Act 1984* apply as if they were set out in this Act. ##### 30. Spent conviction not revived after parole or early release cancelled If a conviction of a person has become spent under this Act, it is not revived by reason of the fact that the person is subsequently held not to have been discharged from the sentence of imprisonment imposed in respect of that conviction by reason of — (a) section 67 of the *Sentence Administration Act 2003*; or (ab) section 70 of the *Sentence Administration Act 1995* 4; or (b) section 44(2) of the *Offenders Community Corrections Act 1963* 2. [Section 30 inserted: No. 78 of 1995 s. 123; amended: No. 50 of 2003 s. 29(3).] ##### 31. Prerogative of mercy not affected This Act does not affect the exercise of the Royal prerogative of mercy. ##### 32. Act applies to convictions incurred before commencement (1) The application of this Act extends to a conviction incurred by a person before the commencement of this Act. (2) For the purposes of subsection (1), the prescribed period expires — (a) on the commencement of this Act; or (b) on the day on which it would have expired if this Act had been in force continuously since the day when the conviction was incurred, whichever is the later. ##### 33. Regulations (1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act. (2) For the purposes of section 7(4) and clause 9 of Schedule 1, a form of notice shall be prescribed by the regulations setting out the effect of a conviction becoming spent under sections 6 and 7. Schedule 1 — Provisions relating to application under section 6(1) [s. 6(3)] [Heading amended: No. 19 of 2010 s. 4.] 1. Application under s. 6(1) (1) An application under section 6(1) shall be in writing and shall set out — (a) all previous convictions, whether incurred in Western Australia or elsewhere; (b) the employment history of the applicant since the date of the conviction in respect of which the application is being made; (c) such other matters as may be prescribed. (2) The judge may, by notice in writing given to the applicant, require the applicant to give further information in relation to the application. (3) An application may be made in respect of more than one conviction. 2. Parties to application (1) The Commissioner of Police is a party to the application, and — (a) shall be served with a copy of the application; (b) may appear at any hearing or be represented by any person authorised by him; (c) may make submissions on the application, or on any incidental matter. (2) The Attorney General may intervene in the application, and where he does so — (a) he may appear or be represented at any hearing; and (b) may make submissions on the application or on any incidental matter. 3. Hearing of application (1) The hearing shall be in private unless — (a) the applicant requests that the hearing be in public; or (b) the judge considers that, in the circumstances of the case, the hearing should be in public. (2) Where the hearing is in private the judge may give directions, in writing or otherwise, as to who may be present. (3) Where the hearing is in public the judge may order that there shall not be published by any means any particulars likely to lead to the identification of the applicant. (4) A person shall, unless he has lawful excuse, comply with an order made under subclause (3). Penalty: $1 000. 4. Rules of evidence not to apply In determining an application, the judge shall not be bound by the rules of evidence, but may inform himself on any matter in such manner as he thinks fit. 5. Powers of judge and officers Subject to this Act, the judge and the officers of the District Court may exercise the powers and authorities vested in them in respect of the civil jurisdiction of that court so far as is necessary or expedient for the hearing and determination of applications under section 6(1). 6. Witnesses A witness in proceedings before the judge has the same privileges and protection and is subject to the same liabilities as a witness in civil proceedings before the District Court. 7. Alternatives to holding hearing The judge may — (a) if satisfied that an application is vexatious, misconceived or lacking in substance, refuse to make an order under section 6(1) without holding a hearing; (b) if satisfied that it is appropriate to do so, make an order under that section without holding a hearing. 8. Costs (1) Except as provided by subclause (2), each party to an application shall bear his own costs. (2) Where the judge — (a) refuses to make an order as mentioned in clause 7(a); or (b) is of the opinion that the circumstances justify doing so, the judge may award such costs as the judge thinks fit. (3) Costs awarded under subclause (2) may be registered as a judgment debt in a court of competent jurisdiction. 9. Court order to be sent to applicant and police Where the judge makes an order declaring that a conviction is spent, a copy of the order shall, as soon as practicable, be sent to — (a) the applicant together with notice in the form referred to in section 33(2); and (b) the Commissioner of Police. Schedule 2 — Convictions in other jurisdictions [s. 8] [Heading amended: No. 19 of 2010 s. 4.] 1. Queensland A conviction against the law of the State of Queensland recorded by a court in that State where, under the *Criminal Law (Rehabilitation of Offenders) Act 1986* of that State — (a) the rehabilitation period in relation to that conviction has expired; and (b) the conviction has not been revived. 2. Commonwealth and Norfolk Island A conviction for an offence against Commonwealth law or a law of Norfolk Island incurred by a person where — (a) the conviction has become spent under Part VIIC of the *Crimes Act 1914* of the Commonwealth; and (b) Division 3 of that Part has not ceased to apply to the person in relation to the offence. [Clause 2 inserted: Gazette 26 Jun 1992 p. 2715.] 3. New South Wales A conviction against the law of New South Wales that is spent under the *Criminal Records Act 1991* of that State. [Clause 3 inserted: Gazette 26 Jun 1992 p. 2715.] Schedule 3 — Exceptions to Part 3 [s. 16 and 33] [Heading inserted: Gazette 26 Jun 1992 p. 2716; amended: No. 19 of 2010 s. 4.] 1. Exceptions as to all spent convictions (1) The persons specified in the first column of the table to this subclause are excepted from the provisions of Part 3 specified in the second column in respect of all spent convictions. Table | **Person excepted** | **Provisions of Part 3** | | --- | --- | | 1. The Prisoners Review Board established by the *Sentence Administration Act 2003*. | Division 4 | | 1A. The Supervised Release Review Board established under the *Young Offenders Act 1994*. | Division 4 | | 1B. The Mental Impairment Review Tribunal established by the *Criminal Law (Mental Impairment) Act 2023*. | Division 4 | | 2. A person being considered for appointment as a Justice of the Peace under the *Justices of the Peace Act 2004*. | Division 4 | | 3. A person appointed as or being considered for appointment as a police officer or police auxiliary officer or Aboriginal police liaison officer under the *Police Act 1892*. | Section 18 and Division 4 | | 4. A person appointed as or being considered for appointment as a special constable or police cadet under the *Police Act 1892*. | Division 4 | | 4A. A person appointed, or being considered for appointment, by the Commissioner of Police acting as an employing authority under the *Public Sector Management Act 1994* to an office, post or position the duties of which are such that the holder of it is, or may be required, to provide services to persons who are not of full legal capacity or to deal in any manner with persons who are not of full legal capacity. | Section 18 and Division 4 | | 5. A person —<br> (a) who is employed, or who is being considered for employment, as a prison officer under the *Prisons Act 1981*; or<br> (b) who holds, or who is applying to be issued with, a permit to do high‑level security work as defined in that Act. | Sections 18, 19, 20 and 22 and Division 4 | | 5A. A person who is employed, or who is being considered for employment, as a custodial officer under the *Young Offenders Act 1994* section 11(1) or (1a)(a). | Sections 18, 19, 20 and 22 and Division 4 | | | 5B. A person who is employed, or who is being considered for employment, as an officer or employee under the *Young Offenders Act 1994* section 11(1a)(b). | Sections 18, 19, 20 and 22 and Division 4 | | | 5C. A person employed in the Department of Justice who is appointed, or is being considered for appointment, as a Juvenile Justice Team Coordinator under the *Young Offenders Act 1994* section 36(1). | Sections 18, 19, 20 and 22 and Division 4 | | | 5D. A person employed in the Department of Justice who is assigned, or is being considered for assignment, as a supervising officer under the *Young Offenders Act 1994* section 77, 108 or 139. | Sections 18, 19, 20 and 22 and Division 4 | | | 5E. A person who is a member of the council of an Aboriginal community if the council has entered into, or proposes to enter into, a community supervision agreement under the *Young Offenders Act 1994* section 17B. | Division 4 | | | 5F. A person appointed as, or nominated as suitable for appointment as, a monitor of a young person who has an Aboriginal background under the *Young Offenders Act 1994* section 17C. | Section 18 and Division 4 | | | 6. A person employed or being considered for employment under the *Gold Corporation Act 1987*. | Section 18 and Division 4 | | 7. A person being considered for the grant of a licence as a casino key employee or casino employee under the *Casino Control (Burswood Island) (Licensing of Employees) Regulations 1985*. | Section 22 and Division 4 | | 8. A person who holds a licence or permit, or who is applying for the issue or renewal of a licence or permit, under the *Security and Related Activities (Control) Act 1996*. | Section 22 and Division 4 | | 9. A person applying for the grant of a licence, permit or approval under the *Firearms Act 2024*. | Division 4 | | 9A. A person against whom the Commissioner of Police is considering making a firearms prohibition order under the *Firearms Act 2024* Part 8. | Division 4 | | 10. A person employed in the Department of Justice when (in the course of the person’s duties) assessing, reporting about or classifying persons charged with or convicted of offences. | Division 4 | | 10A. A contract worker who is authorised under section 15I of the *Prisons Act 1981* to perform the functions of a superintendent or a prison officer when (in the course of the person’s duties) assessing, reporting about or classifying persons charged with or convicted of offences. | Division 4 | | 10B. A person —<br> (a) appointed as or being considered for appointment as the Commissioner or Deputy Commissioner under the *Corruption, Crime and Misconduct Act 2003*; | Section 18 and Division 4 | | (b) appointed as or being considered for appointment as the Parliamentary Inspector of the Corruption and Crime Commission under the *Corruption, Crime and Misconduct Act 2003*; | | | (c) appointed as or being considered for appointment as an officer of the Corruption and Crime Commission under section 179 of the *Corruption, Crime and Misconduct Act 2003*; | | | (d) seconded or otherwise engaged, or being considered for secondment or engagement, as an officer of the Corruption and Crime Commission under section 181 of the *Corruption, Crime and Misconduct Act 2003*; | | | (e) engaged or being considered for engagement as an officer of the Corruption and Crime Commission under section 182 of the *Corruption, Crime and Misconduct Act 2003*; | | | (f) appointed as or being considered for appointment as an employee of the Parliamentary Inspector of the Corruption and Crime Commission under section 210 of the *Corruption, Crime and Misconduct Act 2003*; | | | (g) seconded or otherwise engaged, or being considered for secondment or engagement, as an officer of the Parliamentary Inspector of the Corruption and Crime Commission under section 212 of the *Corruption, Crime and Misconduct Act 2003*; | | | (h) engaged or being considered for engagement as an officer of the Parliamentary Inspector of the Corruption and Crime Commission under section 213 of the *Corruption, Crime and Misconduct Act 2003*. | | | 11. A person who is designated, or who is being considered for designation, as a security officer under the *Public Transport Authority Act 2003* section 56(2). | Sections 18, 20 and 22 and Division 4 | | 12. A person —<br> (a) who is authorised, or who is being considered for authorisation, to exercise a Schedule power as defined in the *Court Security and Custodial Services Act 1999*; or<br> (b) who holds, or who is applying to be issued with, a permit to do high‑level security work as defined in that Act. | Sections 18, 19, 20 and 22 and Division 4 | | 13. A person authorised to exercise a power set out in Division 1, 2 or 3 of Schedule 2 to the *Court Security and Custodial Services Act 1999* when (in the course of the person’s duties) assessing, reporting about or classifying persons charged with or convicted of offences. | Division 4 | | 14. A person —<br> (a) who is appointed, or is being considered for appointment, as the Public Trustee under the *Public Trustee Act 1941* section 4; or<br> (b) who, pursuant to the *Public Trustee Act 1941* section 6, is appointed, transferred or seconded, or is being considered for appointment, transfer or secondment, under the *Public Sector Management Act 1994* Part 3 for the purposes of assisting the Public Trustee to perform his or her functions; or<br> (c) whose services the Public Trustee makes use of, or is considering making use of, under the *Public Trustee Act 1941* section 6A; or<br> (d) who is engaged or appointed, or is being considered for engagement or appointment, under the *Public Sector Management Act 1994* section 100 for the purposes referred to in paragraph (b); or<br> (e) who provides, or has offered to provide, services on a voluntary basis for the purposes referred to in paragraph (b). | Sections 18 and 20 and Division 4 | | 15. A person —<br> (a) who is appointed, or is being considered for appointment, as the Public Advocate under the *Guardianship and Administration Act 1990* section 91; or<br> (b) who is appointed, or is being considered for appointment, under the *Guardianship and Administration Act 1990* section 93 to act as Public Advocate; or<br> (c) who, pursuant to the *Guardianship and Administration Act 1990* section 94, is appointed, transferred or seconded, or is being considered for appointment, transfer or secondment, under the *Public Sector Management Act 1994* Part 3 for the purposes of assisting the Public Advocate to perform his or her functions; or<br> (d) who is engaged or appointed, or is being considered for engagement or appointment, under the *Public Sector Management Act 1994* section 100 for the purposes referred to in paragraph (c); or<br> (e) who provides, or has offered to provide, services on a voluntary basis for the purposes referred to in paragraph (c). | Sections 18 and 20 and Division 4 | (2) In the case of a person referred to in item 2 to 9, 10B, 11, 12, 14 or 15 of the table to subclause (1), the exception in that subclause extends to any other person — (a) who has appointed, designated, employed, transferred, seconded or engaged the person or is considering the person for appointment, designation, employment, transfer, secondment or engagement; or (b) who has issued a permit to the person or is considering issuing a permit to the person; or (c) who is considering granting or issuing a licence to the person; or (d) who has authorised the person or is considering the person for authorisation; or (e) for whom the person provides, or has offered to provide, services on a voluntary basis, whichever is relevant for the purposes of the item. (3) The persons specified in the table to this subclause are excepted from the provisions of sections 18, 19, 20 and 22 and Division 4 of Part 3 in respect of all spent convictions. Table | 1. A person who is employed, or who is being considered for employment, in the Department of Education and Training. | | --- | | 2. A person who is employed, or who is being considered for employment, in the Department of Education Services. | | 3. A person who is a member of the governing body of a school that is registered under Part 4 of the *School Education Act 1999* or who is named as a member of the governing body in an application for registration made under section 158 of that Act. | | 4. A person who is employed, or who is being considered for employment, in a school that is registered under Part 4 of the *School Education Act 1999*. | | 5. A person who is a member of the governing body of a community kindergarten that is registered under Part 5 of the *School Education Act 1999* or who is named as a member of the governing body in an application for registration made under section 193 of that Act. | | 6. A person who is employed, or who is being considered for employment, in a community kindergarten that is registered under Part 5 of the *School Education Act 1999*. | | 7. A person who is engaged, or who is being considered for engagement, whether for reward or not, to carry out duties that may require the person to come into contact with children of a school (whether in or outside school premises) for purposes related to school activities, for purposes related to health or for religious purposes. | | 8. A person who is engaged, or who is being considered for engagement, whether for reward or not, to carry out duties that may require the person to come into contact with children of a community kindergarten that is registered under Part 5 of the *School Education Act 1999* (whether in or outside the premises of the community kindergarten) for purposes related to activities of the community kindergarten, for purposes related to health or for religious purposes. | | 9. A person who is employed, or who is being considered for employment, in a college established under section 35 of the *Vocational Education and Training Act 1996*. | | 10. A person who is employed, or who is being considered for employment, by a registered training provider under the *Vocational Education and Training Act 1996*. | | 11. A person who is a member of the governing body of an organisation registered under the *Education Service Providers (Full Fee Overseas Students) Registration Act 1991* or is named as a member of the governing body in an application for the registration of an organisation made under that Act. | | 12. A person who is employed, or who is being considered for employment, by an organisation registered under the *Education Service Providers (Full Fee Overseas Students) Registration Act 1991*. | | 13. A person who is employed, or who is being considered for employment, in a student residential college established under the *School Education Act 1999*. | | 14. A person who has been appointed, or who is being considered for appointment, as a member of the Board established under the *Teacher Registration Act 2012* section 86. | | *[15. deleted]* | | 16. A person who is registered, or who has applied for registration, under the *Teacher Registration Act 2012*. | | 17. A person who is employed, or who is being considered for employment, by an organisation that has obtained funding or is proposing to obtain funding under a funding agreement with the Minister administering the *School Education Act 1999*. | | 18. A person who is placed, or who is being considered for placement, in a school as part of a course of training that the person is undertaking for the purpose of obtaining a vocational qualification. | | 19. A person who is employed, or who is being considered for employment, in the Department of Housing and Works to carry out duties that may require the person to come into contact with children of a school (whether in or outside school premises). | (4) In the case of a person referred to in an item of the table to subclause (3), the exception in that subclause extends to any other person — (a) who has employed, appointed, engaged or placed the person or is considering the person for employment, appointment, engagement or placement; or (b) who has registered a school, community kindergarten or organisation of whose governing body the person is a member or is considering registering a school, community kindergarten or organisation of whose governing body the person is named as a member; or (c) for whom the person provides, or has offered to provide, services on a voluntary basis; or (d) who has registered or is considering registering the person, whichever is relevant for the purposes of the item. (5) The persons specified in the first column of the table to this subclause are excepted from the provisions of Part 3 specified in the second column in respect of all spent convictions. Table | **Person excepted** | **Provisions of Part 3** | | | --- | --- | --- | | 1. A person who is employed, or who is being considered for employment, by the Director General of the Department for Community Development 5 if the person may in the course of the person’s duties deal with children and their families or with sensitive and confidential information about children and their families. | Sections 18 and 20 and Division 4 | | | 2. A person —<br> (a) who is placed, or who is being considered for placement, as a student or trainee; or | Sections 18 and 20 and Division 4 | | | (b) who is engaged, or who is being considered for engagement, in an unpaid capacity,<br> in the Department for Community Development 5 if the person may in the course of the person’s service deal with children and their families or with sensitive and confidential information about children and their families. | | | | 3. A person who is a member, or who is being considered for membership, of a committee or other body advising the Minister for Community Development or the Director General of the Department for Community Development 5 if the committee or body may in the course of performing its functions deal with children and their families or with sensitive and confidential information about children and their families. | Sections 18 and 20 and Division 4 | | | 4. A person who has been engaged, or who is being considered for engagement, either for reward or in an unpaid capacity by the Department for Community Development 5 to provide overnight care for a child or children, whether in the person’s home or otherwise. | Sections 18 and 20 and Division 4 | | | 4A. A person who is employed, or who is being considered for employment, in the Department of Housing and Works if the person may in the course of the person’s duties deal with children and their families or with sensitive and confidential information about children and their families. | Sections 18 and 20 and Division 4 | | | 5. A person who holds, or is applying for, a licence to provide a child care service under the *Child Care Services Act 2007*. | | Sections 18, 20 and 22 and Division 4 | | 6A. A person who —<br> (a) holds, or is applying for, a provider approval under the *Education and Care Services National Law (Western Australia)*; or | | Sections 18, 20 and 22 and Division 4 | | (b) has, or will have, management or control of an education and care service operated, or to be operated, by a person that — | | | | (i) is not an individual; and | | | | (ii) holds, or is applying for, a provider approval under the *Education and Care Services National Law (Western Australia)*. | | | | 6. A person applying under section 38(1) of the *Adoption Act 1994* to be assessed for suitability for adoptive parenthood. | Division 4 | | (6) In the case of a person referred to in an item of the table to subclause (5), the exception in that subclause extends to any other person who — (a) has employed, placed, appointed or engaged the person or is considering the person for employment, placement, appointment or engagement; or (b) is considering issuing or granting a licence or permit to the person; or (c) is assessing the suitability of the person, whichever is relevant for the purposes of the item. (7) The persons specified in the table to this subclause are excepted from the provisions of sections 18, 19, 20 and 22 and Division 4 of Part 3 in respect of all spent convictions. Table | 1. A person who is employed in or seconded to, or who is being considered for employment in or secondment to, the Department of Health or the Mental Health Commission under any of the following —<br> (a) the *Health (Miscellaneous Provisions) Act 1911*;<br> (b) the *Health Services Act 2016*;<br> (c) the *Mental Health Act 2014*;<br> (d) the *Alcohol and Other Drugs Act 1974*. | | --- | | 2. A person who is employed in or seconded to, or who is being considered for employment in or secondment to, a health service provider under the *Health Services Act 2016*. | | 3. A person who is placed, or who is being considered for placement, as a student undertaking a practicum or in an unpaid capacity in the Department of Health, the Mental Health Commission or a health service provider as defined in the *Health Services Act 2016* section 6. | (8) In the case of a person referred to in an item of the table to subclause (7) the exception in that subclause extends to any other person who has employed, seconded or placed the person or is considering the person for employment, secondment or placement. (9) The persons specified in the table to this subclause are excepted from the provisions of sections 18, 19, 20 and 22 and Division 4 of Part 3 in respect of all spent convictions. Table | 1. A person who is employed, or who is being considered for employment, in the Disability Services Commission referred to in section 6 of the *Disability Services Act 1993*. | | --- | | 1A. A person who is placed, or who is being considered for placement, in an unpaid capacity in the Disability Services Commission referred to in section 6 of the *Disability Services Act 1993*. | | 2. A person who is appointed, or who is being considered for appointment, as a member of the board of the Disability Services Commission referred to in section 7 of the *Disability Services Act 1993*. | | 3. A person who is a member, or who is being considered for appointment as a member, of the Ministerial Advisory Council on Disability referred to in section 22 of the *Disability Services Act 1993*. | | 4. A person who is a member, or who is being considered for appointment or election as a member, of the governing body of an organisation that is funded by the Disability Services Commission under Part 4 or 4A of the *Disability Services Act 1993*. | | 5. A person who is employed, or who is being considered for employment, in an organisation that is funded by the Disability Services Commission under Part 4 or 4A of the *Disability Services Act 1993*. | | 6. A person who is placed, or who is being considered for placement, in an unpaid capacity in an organisation that is funded by the Disability Services Commission under Part 4 or 4A of the *Disability Services Act 1993*. | (10) In the case of a person referred to in an item of the table to subclause (9), the exception in that subclause extends to any other person who has employed, placed or appointed the person or is considering the person for employment, placement or appointment. (11) In the case of a person referred to in — (a) item 5, 11, 12, 14 or 15 of the table to subclause (1); or (b) item 1, 2, 6 to 10, 12, 13, 15 or 17 of the table to subclause (3); or (c) item 1 of the table to subclause (5); or (d) item 1 of the table to subclause (7); or (e) item 1 or 5 of the table to subclause (9), the exception in the relevant subclause extends to any other person who is or may become the principal of that person for the purposes of section 20. (12) The persons specified in the Table are excepted from the provisions of section 22 and Part 3 Division 4 in respect of all spent convictions. Table | **Item** | **Person excepted** | | --- | --- | | 1. | A person who applies for admission to the legal profession under the *Legal Profession Uniform Law (WA)*. | | 2. | A person who applies to the Board for a declaration under the *Legal Profession Uniform Law (WA)* section 21. | | 3. | A person who is a lawyer. | | 4. | A foreign lawyer who applies for an Australian registration certificate under the *Legal Profession Uniform Law (WA)*. | | 5. | A person who is an Australian‑registered foreign lawyer under the *Legal Profession Uniform Law (WA)*. | (13) The exception in subclause (12) extends to — (a) the Legal Practice Board established under the *Legal Profession Uniform Law Application Act 2022* section 30(1); and (b) the Legal Services and Complaints Committee established under the *Legal Profession Uniform Law Application Act 2022* section 57(1). [Clause 1 inserted: Gazette 26 Jun 1992 p. 2716; amended: Act No. 104 of 1994 s. 236; No. 78 of 1995 s. 124; No. 27 of 1996 s. 96; Gazette 27 Feb 1998 p. 1035; 9 Oct 1998 p. 5594; Act No. 43 of 1999 s. 20; No. 47 of 1999 s. 38; Gazette 2 Jun 2000 p. 2667; 28 Jul 2000 p. 4013; 17 Aug 2001 p. 4346; 1 Feb 2002 p. 517; Act No. 48 of 2003 s. 62 (as amended: No. 78 of 2003 s. 35(13)); No. 50 of 2003 s. 29(3); No. 78 of 2003 s. 74(2); No. 59 of 2004 s. 141; Gazette 26 Nov 2004 p. 5312‑13; 31 May 2005 p. 2414‑19; 24 Oct 2006 p. 4491‑2; Act No. 41 of 2006 s. 96; No. 65 of 2006 s. 70; No. 4 of 2008 s. 82; No. 8 of 2008 s. 19; No. 42 of 2009 s. 23; Gazette 18 Aug 2009 p. 3239; 29 Jan 2010 p. 197-9; Act No. 11 of 2012 s. 50; No. 16 of 2012 s. 169; Gazette 17 May 2013 p. 1984; Act No. 25 of 2014 s. 86; No. 35 of 2014 s. 39; No. 3 of 2015 s. 18; Gazette 6 Mar 2015 p. 815‑16; Act No. 11 of 2016 s. 303; No. 19 of 2016 s. 190; No. 41 of 2016 s. 24; No. 18 of 2018 s. 92; No. 9 of 2022 s. 398; No. 10 of 2023 s. 409 and 411; SL 2023/121 r. 4; No. 5 of 2024 s. 32; SL 2024/153 r. 4; No. 23 of 2024 s. 493; SL 2024/290 r. 4.] 2. Exceptions as to spent convictions for certain offences in order to protect children (1) The persons specified in the first column of the table to this subclause are excepted from the provisions of Part 3 specified in the second column in respect of a spent conviction for an offence referred to in subclause (2), as qualified by subclause (3). Table | **Person excepted** | **Provisions of Part 3** | | --- | --- | | *[1‑3. deleted]* | | | 4. A person being considered for any form of employment normally carried out wholly or partly within the precincts of a care centre, pre‑school centre or place where a child care service is conducted or carried on. | Section 18 and Division 4 | | *[5. deleted]* | | | 6. A person being considered for participation in the safety house scheme organised by the Safety House Association of Western Australia Incorporated. | Division 4 | | 7. A person applying under section 38(1) of the *Adoption Act 1994* to be assessed for suitability for adoptive parenthood. | Division 4 | | 8. A person who is employed or who is being considered for employment in the Department of Sport and Recreation. | Sections 18 and 20 and Division 4 | | 9. A person who is employed, or who is being considered for employment, in the Department of Housing and Works. | Sections 18 and 20 and Division 4 | (2) The offences for the purposes of subclause (1) are — (a) offences under the following provisions of *The Criminal Code* — (i) Chapter XXII (offences against morality); (ii) Chapter XXVIII (homicide, suicide, concealment of birth); (iii) Chapter XXIX (offences endangering life or health); (iv) Chapter XXX (assaults); (v) Chapter XXXI (sexual offences); (vi) Chapter XXXIII (offences against liberty); (vii) Section 343 (child stealing); (viii) Section 344 (desertion of children); and (b) an offence against the law of a foreign country that corresponds to an offence referred to in paragraph (a); and (c) an offence against the law of a jurisdiction named in Schedule 2 that corresponds to an offence referred to in paragraph (a). (3) Except for an offence that comes within subclause (2)(a)(i) or (v), an offence is not one to which that subclause applies unless the person in respect of whom the offence was committed was under 18 years of age when the offence was committed. (4) In the case of a person referred to in an item of the table to subclause (1), the exception in that subclause extends to any other person who — (a) is considering the person for employment or has employed the person; or (b) is considering the person for participation in a scheme, whichever is relevant for the purposes of the item. (5) In the case of a person referred to in item 8 of the table to subclause (1), the exception in that subclause extends to any other person who is or may become the principal of that person for the purposes of section 20. (6) The persons specified in the table to this subclause are excepted from the provisions of sections 27 and 28 in respect of all spent convictions. Table | 1. A person in respect of whom section 34 of the *Working with Children (Screening) Act 2004* applies. | | --- | | 2. A person making, or giving effect to, a request for a criminal record check as defined in section 4 of the *Working with Children (Screening) Act 2004*. | | 2A. A person making, or giving effect to, a request for a report, documents or information under the *Working with Children (Screening) Act 2004* section 9, 10, 13, 33A, 34A, 34C, 34E or 34I. | | 3. A person who is disclosing information where the *Working with Children (Screening) Act 2004* section 33A, 34I or 39A applies. | (7) The CEO as defined in the *Working with Children (Screening) Act 2004* section 4 is excepted from the provisions of section 28(1) in respect of all spent convictions in disclosing information under section 34D of that Act if the person or body to whom or to which the information is disclosed is a person prescribed under section 28(2). (8) The CEO as defined in the *National Disability Insurance Scheme (Worker Screening) Act 2020* section 5(1) is excepted from the provisions of section 28(1) in respect of all spent convictions in disclosing information under section 34 of that Act if the disclosure is to — (a) the CEO as defined in the *Working with Children (Screening) Act 2004* section 4; or (b) a corresponding authority as defined in the *Working with Children (Screening) Act 2004* section 4 and that corresponding authority is a person prescribed under section 28(2). [Clause 2 inserted: Gazette 26 Jun 1992 p. 2716‑17; amended: Act No. 9 of 1994 s. 145; No. 10 of 1998 s. 65(2); No. 36 of 1999 s. 247; Gazette 30 Dec 2003 p. 5727; 26 Nov 2004 p. 5313; 31 May 2005 p. 2420; 24 Oct 2006 p. 4492; Act No. 7 of 2010 s. 28; No. 48 of 2020 s. 86(1) and (2); No. 47 of 2022 s. 52(1)‑(3) and (5).] 3. Exceptions as to spent convictions relating to the protection of people with disability (1) The persons specified in the Table to this subclause are excepted from the provisions of sections 27 and 28 in respect of all spent convictions. Table | 1. A person in respect of whom the *National Disability Insurance Scheme (Worker Screening) Act 2020* section 33 applies. | | --- | | 2 A person making, or giving effect to, a request for a criminal record check as defined in the *National Disability Insurance Scheme (Worker Screening) Act 2020* section 5(1). | | 3 A person making, or giving effect to, a request for a report or information under the *National Disability Insurance Scheme (Worker Screening) Act 2020* section 10, 34, 38, 39, 40 or 41. | | 4. A person who is disclosing information under the *National Disability Insurance Scheme (Worker Screening) Act 2020* section 72. | (2) The CEO as defined in the *National Disability Insurance Scheme (Worker Screening) Act 2020* section 5(1) is excepted from the provisions of section 28(1) in respect of all spent convictions in disclosing information under section 34 of that Act if the disclosure is to — (a) an interstate screening agency as defined in the *National Disability Insurance Scheme (Worker Screening) Act 2020* section 5(1) and that agency is a person prescribed under section 28(2); or (b) a government agency as defined in the *National Disability Insurance Scheme (Worker Screening) Act 2020* section 5(1) and that agency is a person prescribed under section 28(2); or (c) a person or body prescribed under section 34(4)(b) of the *National Disability Insurance Scheme (Worker Screening) Act 2020* and that person or body is a person prescribed under section 28(2). (3) The CEO as defined in the *Working with Children (Screening) Act 2004* section 4 is excepted from the provisions of section 28(1) in respect of all spent convictions in disclosing information under section 34E of that Act if the disclosure is to — (a) the CEO as defined in the *National Disability Insurance Scheme (Worker Screening) Act 2020* section 5(1); or (b) an interstate screening agency as defined in the *National Disability Insurance Scheme (Worker Screening) Act 2020* section 5(1) and that agency is a person prescribed under section 28(2). [Clause 3 inserted: No. 48 of 2020 s. 86(3); amended: No. 47 of 2022 s. 52(4) and (5).] ![dline]() Notes This is a compilation of the *Spent Convictions Act 1988* and includes amendments made by other written laws 6, 7. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | | **Number and year** | | **Assent** | | | | **Commencement** | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | *Spent Convictions Act 1988* | | 55 of 1988 | | 8 Dec 1988 | | | | s. 1 and 2: 8 Dec 1988; Act other than s. 1 and 2: 1 Jul 1992 (see s. 2 and *Gazette* 26 Jun 1992 p. 2644) | | | | *Spent Convictions Amendment Act 1989* | | 24 of 1989 | | 8 Dec 1989 | | | | 8 Dec 1989 (see s. 2) | | | | *Spent Convictions Regulations 1992* published: *Gazette* 26 Jun 1992 p. 2715‑22 | | | | | | | | 1 Jul 1992 (see r. 2 and *Gazette* 26 Jun 1992 p. 2644) | | | | **Reprint of the *Spent Convictions Act 1988*** **as at 4 Nov 1992** (includes amendments listed above) | | | | | | | | | | | | *Adoption Act 1994* s. 145 | | 9 of 1994 | | 15 Apr 1994 | | | | 1 Jan 1995 (see s. 2 and *Gazette* 25 Nov 1994 p. 5905) | | | | *Spent Convictions (Amendment of Act, Schedule 3) Regulations 1994* published: *Gazette* 12 Jul 1994 p. 3365‑6 | | | | | | | | 12 Jul 1994 | | | | *Young Offenders Act 1994* s. 236 | | 104 of 1994 | | 11 Jan 1995 | | | | 13 Mar 1995 (see s. 2 and *Gazette* 10 Mar 1995 p. 895) | | | | *Sentencing (Consequential Provisions) Act 1995* Pt. 74 | | 78 of 1995 | | 16 Jan 1996 | | | | 4 Nov 1996 (see s. 2(1) and *Gazette* 25 Oct 1996 p. 5632) | | | | *Security and Related Activities (Control) Act 1996* s. 96 | | 27 of 1996 | | 22 Jul 1996 | | | | 1 Apr 1997 (see s. 2 and *Gazette* 27 Mar 1997 p. 1693) | | | | **Reprint of the *Spent Convictions Act 1988*** **as at 19 Nov 1996** (includes amendments listed above except those in the *Security and Related Activities (Control) Act 1996*) | | | | | | | | | | | | *Spent Convictions (Act Amendment) Regulations 1998* published: *Gazette* 27 Feb 1998 p. 1035 | | | | | | | | 27 Feb 1998 | | | | *Statutes (Repeals and Minor Amendments) Act (No. 2) 1998* s. 65 | | 10 of 1998 | | 30 Apr 1998 | | | | 30 Apr 1998 (see s. 2(1)) | | | | *Spent Convictions (Act Amendment) Regulations (No. 2) 1998* published: *Gazette* 5 May 1998 p. 2331 | | | | | | | | 5 May 1998 | | | | *Spent Convictions (Act Amendment) Regulations (No. 3) 1998* published: *Gazette* 9 Oct 1998 p. 5593‑4 | | | | | | | | 9 Oct 1998 | | | | *School Education Act 1999* s. 247 | | 36 of 1999 | | 2 Nov 1999 | | | | 1 Jan 2001 (see s. 2 and *Gazette* 29 Dec 2000 p. 7904) | | | | *Prisons Amendment Act 1999* s. 20 | | 43 of 1999 | | 8 Dec 1999 | | | | 18 Dec 1999 (see s. 2(2) and *Gazette* 17 Dec 1999 p. 6175) | | | | *Court Security and Custodial Services (Consequential Provisions) Act 1999* Pt. 11 | | 47 of 1999 | | 8 Dec 1999 | | | | 18 Dec 1999 (see s. 2 and *Gazette* 17 Dec 1999 p. 6175‑6) | | | | *Spent Convictions (Act Amendment) Regulations 2000* published: *Gazette* 2 Jun 2000 p. 2667 | | | | | | | | 2 Jun 2000 | | | | *Spent Convictions (Act Amendment) Regulations (No. 2) 2000* published: *Gazette* 28 Jul 2000 p. 4013 | | | | | | | | 28 Jul 2000 | | | | **Reprint of the *Spent Convictions Act 1988*** **as at 1 Sep 2000** (includes amendments listed above except those in the *School Education Act 1999*) (correction: *Gazette* 6 Oct 2000 p. 5591) | | | | | | | | | | | | *Spent Convictions (Act Amendment) Regulations (No. 2) 2001* published: *Gazette* 17 Aug 2001 p. 4346 | | | | | | | | 17 Aug 2001 | | | | *Spent Convictions (Act Amendment) Regulations (No. 3) 2001* published: *Gazette* 1 Feb 2002 p. 517 | | | | | | | | 1 Feb 2002 | | | | *Corruption and Crime Commission Act 2003* s. 62 | | 48 of 2003 (as amended by No. 78 of 2003 s. 35(13)) | | 3 Jul 2003 | | | | 1 Jan 2004 (see s. 2 and *Gazette* 30 Dec 2003 p. 5723) | | | | *Sentencing Legislation Amendment and Repeal Act 2003* s. 29(3) | | 50 of 2003 | | 9 Jul 2003 | | | | 31 Aug 2003 (see s. 2 and *Gazette* 29 Aug 2003 p. 3833) | | | | *Corruption and Crime Commission Amendment and Repeal Act 2003* s. 74(2) | | 78 of 2003 | | 22 Dec 2003 | | | | 7 Jul 2004 (see s. 2 and *Gazette* 6 Jul 2004 p. 2697) | | | | *Spent Convictions (Act Amendment) Regulations 2003* published: *Gazette* 30 Dec 2003 p. 5726‑7 | | | | | | | | 30 Dec 2003 | | | | *Courts Legislation Amendment and Repeal Act 2004* s. 141 | | 59 of 2004 | | 23 Nov 2004 | | | | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) | | | | *Spent Convictions (Act Amendment) Regulations 2004* published: *Gazette* 26 Nov 2004 p. 5312‑13 | | | | | | | | 26 Nov 2004 | | | | *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 80 | | 84 of 2004 | | 16 Dec 2004 | | | | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction: *Gazette* 7 Jan 2005 p. 53)) | | | | *Spent Convictions (Act Amendment) Regulations 2005* published: *Gazette* 31 May 2005 p. 2413‑20 | | | | | | | | 31 May 2005 | | | | **Reprint 4:** **The *Spent Convictions Act 1988*** **as at 8 Jul 2005** (includes amendments listed above) | | | | | | | | | | | | *Spent Convictions (Act Amendment) Regulations (No. 2) 2005* published: *Gazette* 4 Nov 2005 p. 5319‑20 | | | | | | | | 4 Nov 2005 | | | | *Parole and Sentencing Legislation Amendment Act 2006* s. 96 | | 41 of 2006 | | 22 Sep 2006 | | | | 28 Jan 2007 (see s. 2 and *Gazette* 29 Dec 2006 p. 5867) | | | | *Spent Convictions (Act Amendment) Regulations 2006* published: *Gazette* 24 Oct 2006 p. 4491‑2 | | | | | | | | 24 Oct 2006 | | | | *Prisons and Sentencing Legislation Amendment Act 2006* Pt. 11 | | 65 of 2006 | | 8 Dec 2006 | | | | 4 Apr 2007 (see s. 2 and *Gazette* 3 Apr 2007 p. 1491) | | | | **Reprint 5:** **The *Spent Convictions Act 1988*** **as at 1 Jun 2007** (includes amendments listed above) | | | | | | | | | | | | *Police Amendment Act 2008* s. 19 | | 8 of 2008 | | 31 Mar 2008 | | | | 1 Apr 2008 (see s. 2(1)) | | | | *Security and Related Activities (Control) Amendment Act 2008* s. 82 | | 4 of 2008 | | 2 Apr 2008 | | | | 13 Dec 2009 (see s. 2(b) and *Gazette* 4 Dec 2009 p. 4919) | | | | *Spent Convictions (Act Amendment) Regulations 2009* published: *Gazette* 18 Aug 2009 p. 3238-9 | | | | | | | | r. 1 and 2: 18 Aug 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Aug 2009 (see r. 2(b)) | | | | *Police Amendment Act 2009* s. 23 | | 42 of 2009 | | 3 Dec 2009 | | | | 13 Mar 2010 (see s. 2(b) and *Gazette* 12 Mar 2010 p. 941) | | | | *Spent Convictions (Act Amendment) Regulations (No. 2) 2009* published: *Gazette* 29 Jan 2010 p. 197-9 | | | | | | | | r. 1 and 2: 29 Jan 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Jan 2010 (see r. 2(b)) | | | | *Working with Children (Criminal Record Checking) Amendment Act 2010* Pt. 3 | | 7 of 2010 | | 27 May 2010 | | | | 6 Oct 2010 (see s. 2(b) and *Gazette* 5 Oct 2010 p. 5113) | | | | *Standardisation of Formatting Act 2010* s. 4 | | 19 of 2010 | | 28 Jun 2010 | | | | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | | | | *Cannabis Law Reform Act 2010* Pt. 4 | | 45 of 2010 | | 28 Oct 2010 | | | | 1 Aug 2011 (see s. 2(b) and *Gazette* 29 Jul 2011 p. 3127) | | | | **Reprint 6:** **The *Spent Convictions Act 1988*** **as at 5 Aug 2011** (includes amendments listed above) | | | | | | | | | | | | *Misuse of Drugs Amendment Act 2011* Pt. 4 | | 56 of 2011 | | 21 Nov 2011 | | | | 30 Jan 2013 (see s. 2(b) and *Gazette* 29 Jan 2013 p. 324‑5) | | | | *Education and Care Services National Law (WA) Act 2012* Pt. 4 Div. 8 | | 11 of 2012 | | 20 Jun 2012 | | | | 1 Aug 2012 (see s. 2(c) and *Gazette* 25 Jul 2012 p. 3411) | | | | *Teacher Registration Act 2012 s. 169* | | 16 of 2012 | | 3 Jul 2012 | | | | 7 Dec 2012 (see s. 2(b) and Gazette 16 Nov 2012 p. 5637) | | | | *Spent Convictions (Act Amendment) Regulations 2013* published: *Gazette* 17 May 2013 p. 1984 | | | | | | | | r. 1 and 2: 17 May 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 18 May 2013 (see r. 2(b)) | | | | *Mental Health Legislation Amendment Act 2014* Pt. 4 Div. 4 Subdiv. 22 | | 25 of 2014 | | | | 3 Nov 2014 | | | 30 Nov 2015 (see s. 2(b) and *Gazette* 13 Nov 2015 p. 4632) | | | *Corruption and Crime Commission Amendment (Misconduct) Act 2014* s. 39 | | 35 of 2014 | | | 9 Dec 2014 | | | | 1 Jul 2015 (see s. 2(b) and *Gazette* 26 Jun 2015 p. 2235) | | | *Spent Convictions (Act Amendment) Regulations 2014* published: *Gazette* 6 Mar 2015 p. 815‑16 | | | | | | | | | r. 1 and 2: 6 Mar 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 7 Mar 2015 (see r. 2(b)) | | | *Alcohol and Drug Authority Amendment Act 2015* s. 18 | | 3 of 2015 | | 25 Feb 2015 | | | | | 1 Jul 2015 (see s. 2(b) and *Gazette* 10 Apr 2015 p. 1249) | | | **Reprint 7: The *Spent Convictions Act 1988* as at 23 Oct 2015** (includes amendments listed above) | | | | | | | | | | | | *Health Services Act 2016* s. 303 | | 11 of 2016 | | 26 May 2016 | | | | | 1 Jul 2016 (see s. 2(b) and *Gazette* 24 Jun 2016 p. 2291) | | | *Public Health (Consequential Provisions) Act 2016* Pt. 3 Div. 26 | | 19 of 2016 | | 25 Jul 2016 | | | | | 24 Jan 2017 (see s. 2(1)(c) and *Gazette* 10 Jan 2017 p. 165) | | | *School Boarding Facilities Legislation Amendment and Repeal Act 2016* s. 24 | | 41 of 2016 | | 28 Nov 2016 | | | | | 1 Jul 2017 (see s. 2(b) and *Gazette* 23 Jun 2017 p. 3173) | | | *Education and Care Services National Law (WA) Amendment Act 2018* Pt. 3 | | 18 of 2018 | | 7 Sep 2018 | | | | | 1 Oct 2018 (see s. 2(b)(i)) | | | *National Disability Insurance Scheme (Worker Screening) Act 2020* Pt. 7 Div. 1 | | 48 of 2020 | | 9 Dec 2020 | | | | | 1 Feb 2021 (see s. 2(1)(b) and SL 2021/4 cl. 2) | | | *Legal Profession Uniform Law Application Act 2022* Pt. 17 Div. 19 | | 9 of 2022 | | 14 Apr 2022 | | | | | 1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | | | *Working with Children (Criminal Record Checking) Amendment Act 2022* Pt. 3 Div. 2 | | 47 of 2022 | | 7 Dec 2022 | | | | | 1 Jul 2023 (see s. 2(b) and SL 2023/90 cl. 2) | | | *Criminal Law (Mental Impairment) Act 2023* s. 409 and 411 | | 10 of 2023 | | 13 Apr 2023 | | | | | 1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2) | | | *Spent Convictions (Act Amendment) Regulations 2023* (SL 2023/121) | | | | | | | | | r. 1 and 2: 2 Aug 2023 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Aug 2023 (see r. 2(b)) | | | *Corruption, Crime and Misconduct Amendment Act 2024* Pt. 3 Div. 3 | | 5 of 2024 | | 14 Mar 2024 | | | | | 15 Mar 2024 (see s. 2(b)) | | | *Firearms Act 2024* Pt. 17 Div. 3 Subdiv. 19 | | 23 of 2024 | | 27 Jun 2024 | | | | | 31 Mar 2025 (see s. 2(d) and SL 2024/289 cl. 2) | | | *Spent Convictions (Act Amendment) Regulations 2024* (SL 2024/153) | | | | | | | | | r. 1 and 2: 24 Jul 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Jul 2024 (see r. 2(b)) | | | *Spent Convictions (Act Amendment) Regulations (No. 2) 2024* (SL 2024/290) | | | | | | | | | r. 1 and 2: 21 Dec 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 31 Mar 2025 (see r. 2(b) and SL 2024/289 cl. 2) | | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA Legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Evidence Act 2025* Pt. 12 Div. 19 | 15 of 2025 | 25 Sep 2025 | To be proclaimed (see s. 2(e)) | | *Education and Care Services National Law Application Act 2026* Pt. 6 Div. 5 | 2 of 2026 | 31 Mar 2026 | To be proclaimed (see s. 2(1)(d)) | Other notes 1 *The Criminal Code* s. 19, 661, 662 and 669 were repealed by the *Sentencing (Consequential Provisions) Act 1995* s. 26. 2 The *Offenders Community Corrections Act 1963* was repealed by the *Sentencing (Consequential Provisions) Act 1995* s. 77. 3 The *Child Welfare Act 1947* was repealed by the *Children and Community Services Act 2004* s. 250(1)(a). 4 Repealed by the *Sentencing Legislation Amendment and Repeal Act 2003* s. 29(1). 5 Under the *Alteration of Statutory Designations Order 2007* a reference in any law to the Department for Community Development is, unless the contrary is intended, to be read and construed as a reference to the Department for Child Protection. 6 The *Children and Community Services Act 2004* Sch. 2 cl. 25 had not come into operation when it was deleted by the *Statutes (Repeals and Miscellaneous Amendments) Act 2009* s. 32(4). 7 The *Machinery of Government (Miscellaneous Amendment) Act 2006* Pt. 3 Div. 5 had not come into operation when it was deleted by the *Statutes (Repeals and Minor Amendments) Act 2011* s. 23(4). Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** aggrieved person 17(2) any previous conviction 11(4) child 28(1A) commission agent 17(1) Commissioner of Police 3(1) committee of management 17(1) Commonwealth law 3(1) contract worker 17(1) conviction 3(1) discriminator 17(2) employment 17(1) employment agency 17(1) latest conviction 11(4) and (5) lesser conviction 10(1) life imprisonment 3(1) minor punishment 3(1) official criminal record 28(1A) principal 17(1) serious conviction 9 spent conviction 3(1) © State of Western Australia 2026. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2026. By Authority: ANDREW JONES, Government Printer