Spent Convictions Act 2000 (ACT)

Mechanically, the Spent Convictions Act 2000 creates three related regimes that limit the legal and practical consequences of past criminal convictions: (1) a mainstream spent convictions scheme under Part 2 that causes qualifying convictions to become "spent" after a crime-free period and thereby to be disregarded in many contexts (see s 3(1)-(2), s 12, s 13); (2) an extinguishment process for historical homosexual offences under Part 3A, which allows the director-general to extinguish specified historical convictions on application (ss 19A-19G); and (3) a statutory extinguishment rule for very young offenders under Part 3AA, which treats some convictions for offences committed when the person was under 14 as extinguished (ss 19GA-19GB). The Act also sets criminal and civil prohibitions on unauthorised disclosure or fraudulent obtaining of information about spent or extinguished convictions (ss 17-18, 19I-19J), establishes application, decision and review processes for extinguishment and for youth sexual offence spent orders (ss 14C-14F, 19B-19M), and preserves numerous sectoral exceptions where spent or extinguished convictions may still be considered (s 19 and s 19H(4)-(4)).

The Act’s stated object is to limit the effect of certain convictions after a period of crime-free behaviour, by treating qualifying convictions as spent so they “do not form part of the person’s criminal history and may only be used for certain purposes” (s 3(1)-(2)). That is an actor-stated purpose rather than an evidentiary finding, and the Act implements the purpose by defining eligibility, defining timing (crime-free periods and special rules for traffic and youth offences), creating offences for improper access or disclosure, and setting out administrative routes to extinguishment or spent orders (see Parts 2, 3, 3A, 3AA and 3B).

Who pays and who decides, in mechanical terms. Individuals with convictions bear the effort and information cost of applying where the statute requires an application (for youth sexual offence spent orders under s 14C and for historical homosexual extinguishment under s 19B). The director-general, courts and the chief police officer and director of public prosecutions are decision and notification points. The director-general has administrative discretion to extinguish or refuse under s 19D; courts have discretion to make spent orders for youth sexual offences under s 14F; and the Magistrates Court and Supreme Court may transfer applications between them (s 14E). Public authorities and law enforcement agencies hold and control records; they are legally constrained from disclosing spent or extinguished convictions except as authorised (ss 17(1), 19I(1)). The ACAT is available as a review forum for reviewable decisions (s 19M and schedule 1).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Spent Convictions Act 2000 A2000-48 Republication No 33 Effective: 26 November 2025 Republication date: 26 November 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Spent Convictions Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Spent Convictions Act 2000 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Overview of Act 2 4 Dictionary 3 5 Notes 3 5A Offences against Act—application of Criminal Code etc 3 6 Meaning of conviction 4 7 Meaning of spent conviction 4 7A Meaning of extinguished conviction 4 8 Meaning of quash 5 9 Act applies to convictions for offences against non-ACT laws 5 10 Act applies to existing convictions 6

Contents Page contents 2 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Spent convictions Division 2.1 Spent convictions—general 11 Which convictions can become spent? 7 12 When is a conviction spent? 7 13 What is the crime-free period? 9 14 How are traffic offences to be dealt with? 9 Division 2.2 Spent convictions—youth sexual offences 14A Meaning of youth sexual offence conviction—pt 2 11 14B Meaning of victim—div 2.2 12 14C Application for youth sexual offence conviction to be spent 12 14D Chief police officer and DPP to be notified of application 13 14E Transfer of application to other courts 13 14F Order for spent youth sexual offence conviction 14 Division 2.3 Spent convictions—revival 15 Spent convictions generally not revived 15 Part 3 Consequences of a conviction becoming spent 16 What are the consequences of a conviction becoming spent? 16 17 Unlawful disclosure of a conviction becoming spent 16 18 Improperly obtaining information about spent convictions 17 19 Exclusions 17 Part 3A Extinguishing historical homosexual offence convictions 19A Definitions—pt 3A 21 19B Application to have conviction extinguished 22 19C Request for additional information 23 19D Decision on application to have conviction extinguished 23 19E Eligibility 24 19F Director-general may obtain information 25 19G Restriction on right to re-apply 25

Contents Page R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3AA Extinguishing youth offence convictions 19GA Meaning of youth offence conviction 26 19GB Youth offence convictions extinguished 26 Part 3B Consequences of extinguished convictions 19H Consequences of conviction becoming extinguished 27 19I Unlawful disclosure of extinguished conviction 28 19J Improperly obtaining information about extinguished convictions 29 Part 3C Notification and review of decisions 19K Meaning of reviewable decision––pt 3C 30 19L Reviewable decision notices 30 19M Applications for review 30 Part 4 Miscellaneous 20 Act does not authorise contravention of other laws 31 21 Act does not affect certain other lawful acts 31 22 Act does not authorise destruction of records 31 22A Approved forms 31 23 Regulation-making power 31 Schedule 1 Reviewable decisions 33 Dictionary 34 Endnotes 1 About the endnotes 39 2 Abbreviation key 39 3 Legislation history 40 4 Amendment history 45 5 Earlier republications 49

R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Spent Convictions Act 2000 An Act to limit the effect of a person’s conviction for certain offences if the person completes a period of crime-free behaviour, to make provision about extinguished convictions, quashed convictions and pardons, and for other purposes

Part 1 Preliminary Section 1 page 2 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Spent Convictions Act 2000. 3 Overview of Act (1) This Act provides a scheme to limit the effect of a person’s conviction for certain offences if the person completes a period of crime-free behaviour. (2) Under the scheme, after completion of a period of crime-free behaviour, a conviction to which the scheme applies is regarded as spent and, subject to certain exceptions, does not form part of the person’s criminal history and may only be used for certain purposes. (3) This Act also deals with— (a) the effect of the quashing of a conviction and the pardoning of an offence; and (b) the extinguishment of— (i) youth offence convictions, with limited exceptions; and (ii) historical homosexual offence convictions. Note See the Discrimination Act 1991, s 7 (1) (k) for discrimination on the ground of irrelevant criminal record. Irrelevant criminal record includes a record relating to a spent or an extinguished conviction (see that Act, dict).

Preliminary Part 1 Section 4 R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘conviction—see section 6.’ means that the term ‘conviction’ is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 5 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5A Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1): • s 19I (Unlawful disclosure of extinguished conviction) • s 19J (Improperly obtaining information about extinguished convictions). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 1 Preliminary Section 6 page 4 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Meaning of conviction For this Act, a person is convicted of an offence if— (a) the person is convicted of the offence, whether summarily or on indictment; or (b) the person is charged with the offence and a court finds the person guilty of the offence. Examples for par (b) 1 the court makes an order under the Crimes (Sentencing) Act 2005, s 17 (Non-conviction orders—general) 2 the court makes an order under the Children and Young People Act 1999, s 98 (Disposition without proceeding to conviction) 7 Meaning of spent conviction (1) For this Act, the conviction of a person for an offence is spent if— (a) the conviction is spent under section 12 (When is a conviction spent?); or (b) the conviction is quashed; or (c) the person is granted a pardon for the offence. (2) In this Act, a reference to a conviction that is spent includes a reference to the charge to which the spent conviction related. 7A Meaning of extinguished conviction (1) For this Act, the conviction of a person for an offence is extinguished if— (a) for youth offence convictions—section 19GB extinguishes the conviction; or (b) for historical homosexual offence convictions—the director-general extinguishes the conviction in accordance with section 19D (Decision on application to have conviction extinguished).

Preliminary Part 1 Section 8 R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) In this Act, a reference to a conviction that is extinguished includes a reference to the charge to which the extinguished conviction related. 8 Meaning of quash For this Act, a person’s conviction for an offence is quashed if— (a) the conviction is quashed or set aside; or (b) the finding that the charge was proved is quashed or set aside (except to impose a penalty for the offence). 9 Act applies to convictions for offences against non-ACT laws (1) This Act applies to convictions for Commonwealth offences, State offences and foreign offences as well as convictions for ACT offences. (2) This Act applies to convictions imposed for Commonwealth offences, State offences and foreign offences with the changes necessary to enable its provisions to apply to those offences in a way that corresponds as closely as possible to the way it applies to ACT offences. Note The Crimes Act 1914 (Cwlth), pt 7C deals with spent convictions. In particular, s 85ZV (1) of that Act provides, among other things, that a person is not required, in a State or Territory, to disclose to any person, for any purpose, the fact that the person has been charged with, or convicted of, a Commonwealth offence if the person’s conviction for the offence is spent under that Act. (Division 6 of that part provides exclusions.) The subsection is expressed to apply despite, among other things, any state or territory law. Under the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 28 a provision of a Territory enactment has no effect to the extent to which it is inconsistent with a Commonwealth law in force in the Territory.

Part 1 Preliminary Section 10 page 6 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 Act applies to existing convictions This Act applies in relation to a person convicted of an offence whether the person is convicted before or after the commencement of this Act.

Spent convictions Part 2 Spent convictions—general Division 2.1 Section 11 R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Spent convictions Division 2.1 Spent convictions—general 11 Which convictions can become spent? (1) Any conviction (other than a conviction mentioned in subsection (2)) can become spent. (2) The following convictions cannot become spent convictions: (a) a conviction for an offence committed by an offender who was at least 14 years old when the offence was committed and for which a sentence of imprisonment of longer than 6 months was imposed; (b) a conviction for a sexual offence, other than a youth sexual offence conviction; (c) a conviction of a corporation; (d) a conviction prescribed under the regulations. (3) In this section: sentence of imprisonment does not include the detention of a person under a control order. 12 When is a conviction spent? (1) A conviction (other than a youth sexual offence conviction) is spent on completion of the relevant crime-free period, unless it is earlier spent under this section. (2) A youth sexual offence conviction is spent on the making of an order under section 14F.

Part 2 Spent convictions Division 2.1 Spent convictions—general Section 12 page 8 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If a charge for an offence is dismissed under either of the following provisions, the finding of guilt for the offence (however described) is spent on the dismissal of the charge: (a) the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general); (b) the Children and Young People Act 1999, section 98 (Disposition without proceeding to conviction). (4) If an order under the Crimes (Sentencing) Act 2005, section 17 (Non-conviction orders—general) is a good behaviour order subject to a condition, the order is spent only when the condition is completely satisfied. (5) An order reprimanding a person under the Children and Young People Act 1999, section 96 (1) (or 98 (2) (b)) or the Children’s Services Act 1986, section 47 (1) (or 48 (k)) is spent on the making of the order. (6) A conditional discharge order, order for the payment of reparation or compensation, or attendance centre order, under the Children and Young People Act 1999, section 96 (1) (or 98 (2) (b)) or the Children’s Services Act 1986, section 47 (1) (or 48 (k)) is spent on satisfactory compliance with the order. (7) A probation order under the Children and Young People Act 1999, section 96 (1) (or 98 (2) (b)) or the Children’s Services Act 1986, section 47 (1) (or 48 (k)) is spent at the end of the period for which the order is in force. (8) A conviction for an offence of a kind that has ceased, by operation of law, to be an offence is spent when the offence ceased to be an offence, if the offence is prescribed under the regulations to be an offence to which this subsection applies.

Spent convictions Part 2 Spent convictions—general Division 2.1 Section 13 R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13 What is the crime-free period? (1) In this section: relevant period, in relation to the conviction of a person for an offence, means— (a) if the person was not dealt with as an adult in relation to the conviction—5 consecutive years; or (b) in any other case—10 consecutive years. (2) The crime-free period for a person for an offence is the relevant period during which the person has not been— (a) subject to a control order; or (b) convicted of an offence punishable by imprisonment; or (c) in prison because of a conviction for an offence; or (d) unlawfully at large in relation to an offence. Note Under s 14, convictions for traffic offences are considered separately from non-traffic offences in defining the crime-free period. 14 How are traffic offences to be dealt with? (1) In this section: drive—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary. driver trainer––see the Road Transport (Alcohol and Drugs) Act 1977, dictionary. motor vehicle—see the Road Transport (General) Act 1999, dictionary. non-traffic offence means any offence except a traffic offence. road transport legislation—see the Road Transport (General) Act 1999, section 6.

Part 2 Spent convictions Division 2.1 Spent convictions—general Section 14 page 10 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au traffic offence means any offence arising out of the use of a motor vehicle, and includes any offence against the road transport legislation. trailer—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary. use a motor vehicle or trailer includes drive, stop or park the motor vehicle or trailer. (2) A conviction for a traffic offence, and any period of imprisonment imposed because of such a conviction, are disregarded in calculating the crime-free period for a conviction for a non-traffic offence. Note A conviction for a traffic offence is relevant only in calculating the crime-free period for a conviction for an earlier traffic offence. (3) A conviction for a non-traffic offence, and any period of imprisonment imposed because of such a conviction, are disregarded in calculating the crime-free period for a conviction for a traffic offence. Note A conviction for a non-traffic offence is relevant only in calculating the crime-free period for an earlier non-traffic offence. (4) However, a conviction for any of the following offences is relevant in calculating the crime-free period for any conviction (whether for a traffic offence or a non-traffic offence): (a) an offence against the Crimes Act 1900, section 29 (Culpable driving); (b) any other offence against the Crimes Act 1900 where a necessary fact to constitute the offence is that someone dies or is injured because of, or as a result of, the way the convicted person drove a motor vehicle;

Spent convictions Part 2 Spent convictions—youth sexual offences Division 2.2 Section 14A R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) an offence against the Road Transport (Alcohol and Drugs) Act 1977, part 3 (which is about drivers and driver trainers having the prescribed concentration of alcohol in blood or breath, driving or driver training with a prescribed drug in oral fluid or blood, refusing to provide a breath sample, oral fluid, blood test for analysis, failing to stay for a drug screening test and driving or driver training under the influence of intoxicating liquor); (d) an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 6 (1) (which is about negligent driving) that occasions death or grievous bodily harm (within the meaning of that subsection); (e) an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 7 (1) (which is about furious, reckless and dangerous driving); (f) an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 8 (1) or (2) (which are about menacing driving); (g) an offence prescribed under the regulations for this subsection. Division 2.2 Spent convictions—youth sexual offences 14A Meaning of youth sexual offence conviction—pt 2 In this part: youth sexual offence conviction means a conviction for a sexual offence— (a) committed by a person who was not dealt with as an adult when convicted for the offence; and

Part 2 Spent convictions Division 2.2 Spent convictions—youth sexual offences Section 14B page 12 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) for which— (i) a sentence of imprisonment of not longer than 6 months has been imposed; or (ii) no sentence of imprisonment has been imposed. 14B Meaning of victim—div 2.2 (1) For this division, each of the following is a victim of an offender: (a) a person (a primary victim) who suffers harm because of an offence by the offender; (b) if a primary victim dies because of an offence by the offender— a person who was financially or psychologically dependent on the primary victim immediately before the primary victim’s death. (2) In this section: because of—see the Crimes (Sentencing) Act 2005, section 47. harm—see the Crimes (Sentencing) Act 2005, section 47. 14C Application for youth sexual offence conviction to be spent (1) A person with a youth sexual offence conviction may, on or after completion of the relevant crime-free period, apply to the court for an order that the conviction is spent. (2) An application must— (a) be in writing; and (b) state the following: (i) the applicant’s name, address and date of birth; (ii) the applicant’s name and address at the time of the conviction;

Spent convictions Part 2 Spent convictions—youth sexual offences Division 2.2 Section 14D R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) to the extent known to the applicant, the date when and the court where the applicant was convicted. (3) In this section: court means— (a) if the applicant was convicted in the Supreme Court—the Supreme Court; or (b) if the applicant was convicted in the Magistrates Court, or does not know which court they were convicted in—the Magistrates Court. 14D Chief police officer and DPP to be notified of application (1) The applicant must give written notice of the application to the chief police officer and director of public prosecutions. (2) The chief police officer and director of public prosecutions may make submissions, orally or in writing, in relation to the application. (3) Before deciding whether to make submissions, the director of public prosecutions must— (a) take reasonable steps to give notice of the application to the victim of the offender; and Example notify Victim Support ACT of the application (b) take into account any views expressed by the victim. 14E Transfer of application to other courts (1) If an application made to the Magistrates Court relates to a conviction by the Supreme Court, the Magistrates Court may transfer the application to the Supreme Court. (2) If an application made to the Supreme Court relates to a conviction by the Magistrates Court, the Supreme Court may transfer the application to the Magistrates Court.

Part 2 Spent convictions Division 2.2 Spent convictions—youth sexual offences Section 14F page 14 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If the applicant is under 18 years old when an application is made, the court to which the application is made may transfer the application to the Children’s Court. 14F Order for spent youth sexual offence conviction (1) The court hearing an application may order that a youth sexual offence conviction is spent if satisfied it is in the public interest to make the order. (2) In considering whether it is in the public interest to make an order, the court must have regard to the following: (a) the nature, circumstances and seriousness of the offence for which the applicant was convicted; (b) the length of the sentence imposed; (c) the length of time since the offence was committed; (d) any views of a victim of the offence; (e) the circumstances of the applicant; Example whether the conviction restricts the applicant from engaging in a particular trade (f) any risk posed by the applicant to public safety if the order was made. (3) The hearing of the application may be conducted in open court or in the absence of the public as the court directs, having regard to— (a) the victim’s right to privacy; and (b) whether the identity of the applicant was protected in relation to the offence to which the application relates; and (c) anything else the court considers relevant.

Spent convictions Part 2 Spent convictions—revival Division 2.3 Section 15 R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 2.3 Spent convictions—revival 15 Spent convictions generally not revived (1) A conviction of a person for an offence (the first offence) that is spent is not revived by the subsequent conviction of the person for another offence (the later offence). (2) However, if the later offence was committed during the crime-free period for the first offence and— (a) the person is convicted summarily of the later offence by an ACT court—the court may order that this part ceases to apply to the person in relation to the first offence until the crime-free period for the later offence has ended; or (b) the person is convicted on indictment of the later offence by an ACT court—this part automatically ceases to apply to the person in relation to the first offence until the crime-free period for the later offence has ended; or (c) the person is convicted of the later offence by a court of the Commonwealth, a State or Territory or a foreign country—this part automatically ceases to apply to the person in relation to the first offence until the crime-free period for the later offence has ended. (3) While this part does not apply to the person in relation to the first offence, the conviction of the person for the first offence is not a spent conviction.

Part 3 Consequences of a conviction becoming spent Section 16 page 16 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Consequences of a conviction becoming spent 16 What are the consequences of a conviction becoming spent? If a conviction of a person is spent— (a) the person is not required to disclose information about the spent conviction to anyone; and (b) a question about the person’s criminal history is taken not to refer to the spent conviction, but to refer only to any of the person’s convictions that are not spent; and (c) in applying an Act to the person— (i) a reference to a conviction (however expressed) is taken not to refer to the spent conviction, but to refer only to any of the person’s convictions that are not spent; and (ii) a reference to the person’s character (however expressed) does not allow or require anyone to take the spent conviction into account. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). 17 Unlawful disclosure of a conviction becoming spent (1) A person who has access to records of convictions kept by or on behalf of a public authority must not, without lawful authority, disclose any information about a spent conviction. Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Consequences of a conviction becoming spent Part 3 Section 18 R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) It is not an offence for an archive or library (or an authorised officer or employee of an archive or library) to make available to a member of the public, or to another archive or library, in accordance with the normal procedures of the archive or library, material that is normally available for public use and that contains information about a spent conviction. (3) It is not an offence for a law enforcement agency (or an authorised officer or employee of a law enforcement agency) in the exercise of its functions (or of the functions of the authorised officer or employee) to make information about a spent conviction available to another law enforcement agency or to a court. 18 Improperly obtaining information about spent convictions A person must not fraudulently or dishonestly obtain information about a spent conviction from records of convictions kept by or on behalf of a public authority. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. 19 Exclusions (1) Section 16 does not apply in relation to an application by a person— (a) for an appointment or employment as a judge, magistrate, justice of the peace, police officer, prison officer, teacher, teacher’s aide, childcare provider, aged care provider or provider of care for people with a disability, or childcare worker, educator, aged care worker or worker with people with a disability; or (b) to be appointed, employed or otherwise engaged (whether or not for financial reward) in any other capacity— (i) in relation to the care, instruction or supervision of children, older people or people with a disability; or

Part 3 Consequences of a conviction becoming spent Section 19 page 18 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) at a school, education and care service, childcare centre, hospital, community care facility, residential care facility, or any other place where care, instruction, supervision or any other services are provided (or proposed to be provided) for children, older people or people with a disability; or (iii) by an entity that provides care, instruction, supervision or any other services for children, older people or people with a disability; or (iv) as a casino employee under the Casino Control Act 2006; or (c) for an interactive gambling licence under the Interactive Gambling Act 1998; or (d) to be permitted to provide care, instruction, supervision or any other services for children, older people or people with a disability; or (e) for registration under the Working with Vulnerable People (Background Checking) Act 2011. (2) Section 16 does not apply in relation to an application by a person convicted of arson or attempted arson to be appointed, employed or otherwise engaged (whether or not for financial reward) in any other capacity in fire fighting or fire prevention. (3) Section 16 does not apply in relation to a proceeding before a court (including the giving of evidence) or the making of a decision by a court (including a decision about sentencing). (4) However, a court before which evidence of a spent conviction is admitted must, in appropriate circumstances, take the steps reasonably available to it to prevent or minimise publication of the evidence. (5) Section 16 does not apply in relation to the making of a decision under the Firearms Act 1996 about a person’s suitability.

Consequences of a conviction becoming spent Part 3 Section 19 R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) Section 16 does not apply in relation to the making of a decision under the Casino Control Act 2006 about whether a person is an eligible person for that Act. (7) Section 16 does not apply in relation to the making of an application for, or for the renewal of, a licence or approval under the Race and Sports Bookmaking Act 2001. (8) Section 16 does not apply to a notice or police report under the Sex Work Act 1992, part 2 (Registration). (9) Section 16 does not apply to a conviction that is spent under section 12 (When is a conviction spent?) in relation to— (a) the making of an application for a licence under the Security Industry Act 2003; and (b) the giving of a police certificate under that Act; (c) the making of a decision about issuing a licence under that Act. (10) Section 16 does not apply in relation to an application for, or the renewal of, a registration or permit to teach under the ACT Teacher Quality Institute Act 2010. (11) This Act does not affect any of the following provisions: (a) the Crimes Act 1900, section 291 (Evidence of previous conviction charged in indictment); (b) the Evidence Act 2011, part 3.5 (Evidence of judgments and convictions) and part 3.8 (Character). (12) In this section: childcare centre includes a childcare centre within the meaning of the Children and Young People Act 2008, section 733.

Part 3 Consequences of a conviction becoming spent Section 19 page 20 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au education and care service— (a) means an education and care service within the meaning of the Education and Care Services National Law (ACT), section 5; but (b) does not include a family day care service within the meaning of the Education and Care Services National Law (ACT), section 5. educator—see the Education and Care Services National Law (ACT), section 5. Note The Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).

Extinguishing historical homosexual offence convictions Part 3A Section 19A R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3A Extinguishing historical homosexual offence convictions 19A Definitions—pt 3A In this part: historical homosexual offence means— (a) an offence under the following sections of the Crimes Act 1900, before the offence was repealed by the Crimes (Amendment) Ordinance (No 5) 1985, section 7: (i) section 79 (Buggery and bestiality) to the extent that the offence relates to buggery; (ii) section 80 (Attempt, &c., to commit buggery); (iii) section 81 (Indecent assault on male); or (b) an offence under another law prescribed by regulation to the extent that the offence was— (i) constituted by a person engaging in any form of sexual activity with another person of the same sex; or (ii) a public morality offence; or (c) an offence of attempting, or of conspiracy or incitement, to commit an offence mentioned in paragraph (a) or (b). public morality offence means an offence— (a) the essence of which is the maintenance of public decency or morality; and (b) by which homosexual behaviour could be punished.

Part 3A Extinguishing historical homosexual offence convictions Section 19B page 22 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19B Application to have conviction extinguished (1) A person convicted of a historical homosexual offence may apply to the director-general for the conviction to be extinguished. (2) An application— (a) must be made— (i) in writing; or (ii) in any other way the director-general is satisfied on reasonable grounds is appropriate; and (b) must state the following: (i) the applicant’s name, address and date of birth; (ii) the applicant’s name and address at the time of the conviction; (iii) to the extent known to the applicant, the date when and the court where the applicant was convicted; and (c) may include any other information that may assist the director-general to decide the application. Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4). (3) If the person has died, an application may be made on behalf of the person by— (a) the person’s legal personal representative; or (b) a domestic partner, parent, child or sibling of the person; or (c) a person who was in a close personal relationship with the person immediately before the person’s death; or (d) if another person was involved in the activity that constituted the offence—the other person.

Extinguishing historical homosexual offence convictions Part 3A Section 19C R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19C Request for additional information (1) The director-general may, in writing, request the applicant to give the director-general additional information or documents that the director-general reasonably needs to decide the application. Note For how documents may be given, see the Legislation Act, pt 19.5. (2) If the applicant does not comply with the request, the director-general may refuse to consider the application further. (3) The applicant is taken to have complied with the request if the applicant satisfies the director-general that the applicant is unable to comply with the request. 19D Decision on application to have conviction extinguished (1) On application by a person under section 19B (Application to have conviction extinguished), the director-general must— (a) extinguish a conviction; or (b) refuse to extinguish a conviction. (2) The director-general must not extinguish the conviction unless satisfied— (a) if the conviction was for an offence that involved sexual activity—that the convicted person is eligible to have the conviction extinguished under section 19E; and (b) of any other matters prescribed by regulation. (3) The director-general must not refuse to extinguish a conviction unless— (a) the director-general has given the applicant written notice of the proposed refusal; and (b) the notice— (i) states the reasons for the proposed refusal; and

Part 3A Extinguishing historical homosexual offence convictions Section 19E page 24 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) includes a copy of any records relating to the conviction held by or accessible to the director-general; and (iii) states that further information may be given to the director-general in relation to the application not later than 14 days after the day the notice is given to the applicant; and Note For how documents may be given, see the Legislation Act, pt 19.5. (c) the director-general has considered any further information given by the applicant to the director-general under paragraph (b) (iii). (4) The director-general must tell the applicant, in writing, of the decision under subsection (1) and, if the decision is to refuse to extinguish the conviction, the reasons for it. (5) If the director-general extinguishes the conviction the director-general must tell the chief police officer about the decision. Note The director-general must also give the person a reviewable decision notice in relation to a decision to refuse to extinguish the conviction (see s 19L). 19E Eligibility A person is eligible to have a conviction for a historical homosexual offence that involved sexual activity extinguished if the director-general is satisfied on reasonable grounds that any other person involved in the sexual activity consented to the sexual activity and— (a) was 16 years old or older; or (b) was 10 years old or older and not more than 2 years younger than the person; or

Extinguishing historical homosexual offence convictions Part 3A Section 19F R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) for a person who was under the special care of the person within the meaning of the Crimes Act 1900, section 55A (Sexual intercourse with young person under special care)— (i) was 18 years old or older; or (ii) was under 18 years old and not more than 2 years younger than the person. 19F Director-general may obtain information The director-general may, by written notice, require 1 or more of the following entities to provide the director-general with the information requested in the notice to enable a decision to be made under section 19D (Decision on application to have conviction extinguished): (a) a public employee; (b) a police officer; (c) a court; (d) the director of public prosecutions; (e) an entity prescribed by regulation. 19G Restriction on right to re-apply (1) This section applies to a person whose application to have a conviction extinguished (the earlier application) has been refused by the director-general under section 19D (Decision on application to have conviction extinguished). (2) The person may have a further application in relation to that conviction considered by the director-general only if the director-general is satisfied on reasonable grounds that other necessary supporting information became available after the earlier application was decided.

Part 3AA Extinguishing youth offence convictions Section 19GA page 26 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3AA Extinguishing youth offence convictions 19GA Meaning of youth offence conviction For this Act: youth offence conviction means a conviction for an offence committed by a person who was under 14 years old when the offence was committed. 19GB Youth offence convictions extinguished (1) A youth offence conviction (other than a conviction mentioned in subsection (3)) is extinguished. (2) A youth offence conviction spent before the commencement of this section is extinguished under this section. (3) A youth offence conviction is not extinguished if the offence for which the conviction was imposed— (a) is an offence mentioned in table 19GB; and (b) was committed by a person who was at least 12 years old. Table 19GB column 1 item column 2 offence 1 Crimes Act 1900, s 12 (Murder) 2 Crimes Act 1900, s 19 (Intentionally inflicting grievous bodily harm) 3 Crimes Act 1900, s 51 (Sexual assault in the first degree) 4 Crimes Act 1900, s 57 (Act of indecency in the first degree)

Consequences of extinguished convictions Part 3B Section 19H R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3B Consequences of extinguished convictions 19H Consequences of conviction becoming extinguished (1) The following applies to a person whose conviction has been extinguished: (a) the person is not required to disclose information about the extinguished conviction to anyone; (b) a question about the person’s criminal history is taken not to refer to the extinguished conviction; (c) in applying an Act to the person— (i) a reference to a conviction (however expressed) is taken not to refer to the extinguished conviction; and (ii) a reference to the person’s character (however expressed) does not allow or require anyone to take the extinguished conviction into account. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). (2) The following also applies to a person whose youth offence conviction has been extinguished: (a) in applying an Act to the person, the person is taken never to have committed or to have been charged with, convicted of, or sentenced for the offence the subject of the extinguished conviction (the offence); (b) it is lawful for the person to state in a proceeding before a court or tribunal that the person has not been charged with or convicted of the offence.

Part 3B Consequences of extinguished convictions Section 19I page 28 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) This section has effect despite the Health Practitioner Regulation National Law (ACT), section 77 (4), section 79 (3) and section 135 (3). (4) However, subsections (1) and (2) do not apply in relation to an application by a person for registration under— (a) the Working with Vulnerable People (Background Checking) Act 2011; or (b) a corresponding law within the meaning of that Act, dictionary. 19I Unlawful disclosure of extinguished conviction (1) A person commits an offence if the person— (a) has access to records of convictions kept by or on behalf of a public authority; and (b) discloses any information about an extinguished conviction to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) Subsection (1) does not apply to— (a) an archive or library, or an authorised officer of an archive or library, that makes available to a member of the public, or to another archive or library, under the normal procedures of the archive or library, material that is normally available for public use and that contains information about an extinguished conviction; or (b) a public authority that has a record of an extinguished conviction, or an authorised officer of the authority, that makes information about the conviction available to the convicted person; or

Consequences of extinguished convictions Part 3B Section 19J R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the director-general, or any person acting under the direction of the director-general, in informing a public authority that holds information about convictions that a particular conviction is an extinguished conviction. (3) This section has effect despite the Health Practitioner Regulation National Law (ACT), section 77 (4), section 79 (3) and section 135 (3). 19J Improperly obtaining information about extinguished convictions A person must not fraudulently or dishonestly obtain information about an extinguished conviction from records of convictions kept by or on behalf of a public authority. Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Part 3C Notification and review of decisions Section 19K page 30 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3C Notification and review of decisions 19K Meaning of reviewable decision––pt 3C In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 19L Reviewable decision notices If the director-general makes a reviewable decision, the director-general must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note The director-general must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 19M Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Miscellaneous Part 4 Section 20 R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Miscellaneous 20 Act does not authorise contravention of other laws This Act does not authorise a person to disclose a conviction or to take a conviction into account if to do so would contravene any other law. 21 Act does not affect certain other lawful acts This Act does not affect anything lawfully done before a conviction is spent, extinguished or quashed or a pardon is granted. 22 Act does not authorise destruction of records This Act does not authorise the destruction by or on behalf of a public authority of a record relating to a spent conviction, an extinguished conviction, quashed conviction or pardon. 22A Approved forms (1) The director-general may approve forms for this Act. (2) If the director-general approves a form for a particular purpose, the approved form must be used for the purpose. (3) An approved form is a notifiable instrument. 23 Regulation-making power (1) The Executive may make regulations for this Act. (2) The regulations may provide that this Act or a prescribed provision of this Act does not affect a prescribed Act or a prescribed provision of an Act.

Part 4 Miscellaneous Section 23 page 32 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The regulations may provide that a provision of this Act does not apply— (a) in relation to a conviction, finding or order of a particular kind, or a charge relating to such a conviction, finding or order; or (b) in relation to a class of persons; or (c) in relation to particular circumstances. (4) A regulation made for section 11 (2) (d), the definition of sexual offence in the dictionary, or this section, may provide that, despite this Act, a conviction is taken never to have been spent or never to be capable of becoming spent.

Reviewable decisions Schedule 1 R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see pt 3C) column 1 item column 2 section column 3 decision column 4 entity 1 19D (1) refuse to extinguish conviction applicant

Dictionary page 34 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 4) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • Act • administrative unit • chief police officer • director-general (see s 163) • director of public prosecutions • domestic partner (see s 169 (1)) • entity • exercise • function • law, of the Territory • penalty unit (see s 133) • police officer • public employee • State • territory authority • territory law • the Territory. ACT offence means an offence against a Territory law. another Territory means a Territory other than this Territory or the Northern Territory. Commonwealth law means— (a) a Commonwealth Act other than— (i) the Australian Capital Territory (Self-Government) Act 1988 (Cwlth); or

Dictionary R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the Northern Territory (Self-Government) Act 1978 (Cwlth); or (b) an instrument made under a Commonwealth Act (other than a Commonwealth Act mentioned in paragraph (a) (i) or (ii)); or (c) any other legislation that applies as a Commonwealth law (other than legislation so far as it is applied by a Commonwealth Act mentioned in paragraph (a) (i) or (ii)), to the extent that it operates as a Commonwealth law; and includes a law in force in a Territory other than the Northern Territory or this Territory. Commonwealth offence means an offence against a Commonwealth law. control order means an order made under— (a) the Children and Young People Act 1999, section 96 (1) (k) or (l); or (b) the Children’s Services Act 1986, section 47 (1) (j) or (k). conviction—see section 6. court includes a tribunal. crime-free period—see section 13. extinguished, for a conviction—see section 7A. foreign law means a law of a foreign country. foreign offence means an offence against a foreign law. historical homosexual offence, for part 3A (Extinguishing historical homosexual offence convictions)—see section 19A. law enforcement agency means any of the following: (a) the Australian Federal Police; (b) the police service or force of a State, another Territory or a foreign country;

Dictionary page 36 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the Department of Home Affairs (Cwlth); (d) the Australian Crime Commission; (e) the New South Wales Independent Commission Against Corruption or a similar entity established under the law of another State; (f) the New South Wales Crime Commission or a similar entity established under the law of another State; (g) the Attorney-General for the Territory, the Commonwealth, a State or another Territory; (h) people employed in a government department of the Commonwealth, a State or another Territory and whose primary functions are the beginning or conduct of proceedings for offences; (i) the Office of the Director of Public Prosecutions or a similar entity established under a Commonwealth or State law; (j) the director of public prosecutions, or a person performing a similar function under a Commonwealth or State law; (k) a lawyer to the extent that the lawyer is engaged under a Commonwealth or State law to prosecute offences; (l) prison officers; (m) an entity prescribed under the regulations. prison officer includes a person employed in an entity responsible under the law of the Territory, or of the Commonwealth, a State or a foreign country, for providing correctional services for offenders. public authority means an administrative unit or territory authority, and includes a person exercising functions for the Territory, an administrative unit or territory authority. public morality offence, for part 3A (Extinguishing historical homosexual offence convictions)—see section 19A.

Dictionary R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au quash—see section 8. reviewable decision, for part 3C (Notification and review of decisions)—see section 19K. sexual offence means the following offences: (a) an offence against the Crimes Act 1900, part 3 (Sexual Offences) or part 4 (Female Genital Mutilation); (b) an offence (for example, an offence against the Crimes Act 1900, section 27 (Acts endangering life etc) or the Criminal Code, section 311 (Burglary)) that includes the commission of, or an intention to commit, an offence mentioned in paragraph (a) or (d); (c) an offence of attempting, or of conspiracy or incitement, to commit an offence mentioned in paragraph (a), (b) or (d); (d) an offence (including a Commonwealth offence, State offence or foreign offence) prescribed under the regulations; (e) an ACT offence committed before the date of commencement of this definition of a similar nature to an offence mentioned in paragraphs (a) to (d); and includes any Commonwealth offence, State offence or foreign offence that is similar in nature to an ACT offence mentioned in paragraph (a), (b), (c) or (e) or is prescribed under the regulations. spent, for a conviction—see section 7. State law means a law in force in a State (other than a Commonwealth law). Note State includes the Northern Territory (see Legislation Act, dict, pt 1). victim, for division 2.2 (Spent convictions—youth sexual offences)— see section 14B.

Dictionary page 38 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au youth offence conviction—see section 19GA. youth sexual offence conviction, for part 2 (Spent convictions)—see section 14A.

Endnotes About the endnotes 1 R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 40 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Spent Convictions Act 2000 A2000-48 notified 28 September 2000 (Gaz 2000 No 39) s 1, s 2 commenced 28 September 2000 (IA s 10B) remainder commenced 28 March 2001 (IA s 10E) as amended by Legislation (Consequential Amendments) Act 2001 A2001-44 pt 366 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 366 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Race and Sports Bookmaking Act 2001 A2001-49 sch 2 pt 4 notified 12 July 2001 (Gaz 2001 No 28) s 1, s 2 commenced 12 July 2001 (IA s 10B) sch 2 pt 4 commenced 7 September 2001 (Gaz 2001 No S68) Prostitution Amendment Act 2002 A2002-35 s 26, s 27 notified LR 8 October 2002 s 1, s 2 commenced 8 October 2002 (LA s 75 (1)) s 26, s 27 commenced 16 December 2002 (s 2 and CN2002-15) Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.25 notified LR 5 December 2003 s 1, s 2 commenced 5 December 2003 (LA s 75 (1)) sch 3 pt 3.25 commenced 19 December 2003 (s 2) Australian Crime Commission (ACT) Act 2003 A2003-58 sch 1 pt 1.3 notified LR 17 December 2003 s 1, s 2 commenced 17 December 2003 (LA s 75 (1)) sch 1 pt 1.3 commenced 17 June 2004 (s 2 and LA s 79) Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 2 pt 2.5 notified LR 26 October 2005 s 1, s 2 commenced 26 October 2005 (LA s 75 (1)) sch 2 pt 2.5 commenced 23 November 2005 (s 2)

Endnotes Legislation history 3 R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Casino Control Act 2006 A2006-2 sch 1 pt 1.5 notified LR 22 February 2006 s 1, s 2 commenced 22 February 2006 (LA s 75 (1)) sch 1 pt 1.5 commenced 1 May 2006 (s 2 and CN2006-6) Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.33 notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) sch 1 pt 1.33 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79) Firearms Amendment Act 2008 A2008-25 sch 2 pt 2.5 notified LR 15 July 2008 s 1, s 2 commenced 15 July 2008 (LA s 75 (1)) sch 2 pt 2.5 commenced 15 January 2009 (s 2 (1) and LA s 79) Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.53 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.53 commenced 26 August 2008 (s 2) Road Transport (Alcohol and Drugs) Legislation Amendment Act 2010 A2010-47 pt 1.3 notified LR 25 November 2010 s 1, s 2 commenced 25 November 2010 (LA s 75 (1)) pt 1.3 commenced 1 December 2010 (s 2 (2) and see Road Transport (Alcohol and Drugs) (Random Drug Testing) Amendment Act 2010 A2010-27, s 2 and CN2010-15) Road Transport (Alcohol and Drugs) Legislation Amendment Act 2011 A2011-15 pt 7 notified LR 12 May 2011 s 1, s 2 commenced 12 May 2011 (LA s 75 (1)) pt 7 commenced 13 May 2011 (s 2) ACT Teacher Quality Institute Amendment Act 2011 A2011-34 s 21 notified LR 5 September 2011 s 1, s 2 commenced 5 September 2011 (LA s 75 (1)) s 21 commenced 4 October 2011 (s 2 and CN2011-10)

Endnotes 3 Legislation history page 42 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Security Industry Amendment Act 2011 A2011-37 pt 4 notified LR 27 September 2011 s 1, s 2 commenced 27 September 2011 (LA s 75 (1)) pt 4 commenced 27 September 2012 (s 2 (2)) Working with Vulnerable People (Consequential Amendments) Act 2011 A2011-45 sch 1 pt 1.4 notified LR 8 November 2011 s 1, s 2 commenced 8 November 2011 (LA s 75 (1)) sch 1 pt 1.4 commenced 8 November 2012 (s 2 and see Working with Vulnerable People (Background Checking) Act 2011 A2011-44 s 2 (2)) Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.35 notified LR 22 November 2011 s 1, s 2 commenced 22 November 2011 (LA s 75 (1)) sch 1 pt 1.35 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011-12, s 2 and CN2012-4) Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.50 notified LR 28 November 2011 s 1, s 2 commenced 28 November 2011 (LA s 75 (1)) sch 3 pt 3.50 commenced 12 December 2011 (s 2) Crimes (Sentencing) Amendment Act 2014 A2014-58 sch 1 pt 1.4 notified LR 4 December 2014 s 1, s 2 commenced 4 December 2014 (LA s 75 (1)) sch 1 pt 1.4 commenced 5 December 2014 (s 2) Spent Convictions (Historical Homosexual Convictions Extinguishment) Amendment Act 2015 A2015-45 notified LR 6 November 2015 s 1, s 2 commenced 6 November 2015 (LA s 75 (1)) remainder commenced 7 November 2015 (s 2) Statute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.32 notified LR 25 November 2015 s 1, s 2 commenced 25 November 2015 (LA s 75 (1)) sch 3 pt 3.32 commenced 9 December 2015 (s 2)

Endnotes Legislation history 3 R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Crimes (Sentencing and Restorative Justice) Amendment Act 2016 A2016-4 sch 1 pt 1.10 notified LR 24 February 2016 s 1, s 2 commenced 24 February 2016 (LA s 75 (1)) sch 1 pt 1.10 commenced 2 March 2016 (s 2 (1)) Discrimination Amendment Act 2016 A2016-49 sch 1 pt 1.6 notified LR 23 August 2016 s 1, s 2 commenced 23 August 2016 (LA s 75 (1)) sch 1 pt 1.6 commenced 24 August 2016 (s 2 (1)) Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.32 notified LR 23 February 2017 s 1, s 2 commenced 23 February 2017 (LA s 75 (1)) sch 3 pt 3.32 commenced 9 March 2017 (s 2) Road Transport Reform (Light Rail) Legislation Amendment Act 2017 A2017-21 sch 1 pt 1.15 notified LR 8 August 2017 s 1, s 2 commenced 8 August 2017 (LA s 75 (1)) sch 1 pt 1.15 commenced 15 August 2017 (s 2) Prostitution Amendment Act 2018 A2018-25 sch 1 pt 1.4 notified LR 8 August 2018 s 1, s 2 commenced 8 August 2018 (LA s 75 (1)) sch 1 pt 1.4 commenced 9 August 2018 (s 2) Statute Law Amendment Act 2018 A2018-42 sch 3 pt 33 notified LR 8 November 2018 s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2)) sch 3 pt 3.33 commenced 22 November 2018 (s 2 (1)) Justice Legislation Amendment Act 2020 A2020-42 pt 28 notified LR 27 August 2020 s 1, s 2 commenced 27 August 2020 (LA s 75 (1)) pt 28 commenced 27 February 2021 (s 2 (6) and LA s 79) Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.55 notified LR 9 June 2021 s 1, s 2 commenced 9 June 2021 (LA s 75 (1)) sch 3 pt 3.55 commenced 23 June 2021 (s 2 (1))

Endnotes 3 Legislation history page 44 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Crimes Legislation Amendment Act 2023 A2023-33 sch 2 pt 2.7 notified LR 6 September 2023 s 1, s 2 commenced 6 September 2023 (LA s 75 (1)) sch 2 pt 2.7 commenced 13 September 2023 (s 2) Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 A2023-45 pt 9 notified LR 15 November 2023 s 1, s 2 commenced 15 November 2023 (LA s 75 (1)) ss 122-124, s 126, s 128, ss 130-132 commenced 22 November 2023 (s 2 (1)) pt 9 remainder commenced 1 July 2025 (s 2 (3)) Education and Care Services (National Law (ACT) Amendment Act 2024 A2024-33 sch 1 pt 1.7 notified LR 10 July 2024 s 1, s 2 commenced 10 July 2024 (LA s 75 (1)) sch 1 pt 1.7 commenced 11 July 2024 (s 2 (1)) Crimes Legislation Amendment Act 2025 A2025-9 pt 3 notified LR 17 April 2025 s 1, s 2 commenced 17 April 2025 (LA s 75 (1)) pt 3 commenced 1 July 2025 (s 2 and see Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 A2023-45 s 2 (3)) Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.88, sch 4 pt 4.167 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.88, sch 4 pt 4.167 commenced 26 November 2025 (s 2 (3), (9))

Endnotes Amendment history 4 R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Long title long title am A2015-45 s 4 Commencement s 2 om A2001-44 amdt 1.3907 Overview of Act s 3 am A2003-56 amdt 3.230; A2015-45 s 5; A2016-49 amdt 1.24; amdt 1.25; A2021-12 amdt 3.167; A2023-45 s 122 Dictionary s 4 sub A2003-56 amdt 3.231 Offences against Act—application of Criminal Code etc s 5A ins A2015-45 s 6 Meaning of conviction s 6 am A2003-56 amdt 3.232; A2006-23 amdt 1.282, amdt 1.283 Meaning of spent conviction s 7 am A2006-23 amdt 1.284 Meaning of extinguished conviction s 7A ins A2015-45 s 7 am A2023-45 s 123 Spent convictions—general div 2.1 hdg ins A2020-42 s 140 Which convictions can become spent? s 11 am A2006-23 amdt 1.285, amdt 1.286; A2014-58 amdt 1.6; A2016-4 amdt 1.18; A2020-42 s 141; A2023-45 s 124, s 125 When is a conviction spent? s 12 am A2003-56 amdt 3.233, amdt 3.234; A2006-23 amdt 1.287, amdt 1.288; ss renum R8 LA (see A2006-23 amdt 1.289); A2020-42 s 142; ss renum R27 LA; A2023-33 amdt 2.33 What is a crime-free period? s 13 am A2003-56 amdt 3.230 How are traffic offences to be dealt with? s 14 am A2010-47 amdt 1.6; A2011-15 ss 88-91; A2017-21 amdt 1.36 Spent convictions—youth sexual offences div 2.2 hdg ins A2020-42 s 143 Meaning of youth sexual offence conviction—pt 2 s 14A ins A2020-42 s 143 am A2023-45 s 126, s 127; A2025-9 s 15

Endnotes 4 Amendment history page 46 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Meaning of victim—div 2.2 s 14B ins A2020-42 s 143 Application for youth sexual offence conviction to be spent s 14C ins A2020-42 s 143 Chief police officer and DPP to be notified of application s 14D ins A2020-42 s 143 Transfer of application to other courts s 14E ins A2020-42 s 143 Order for spent youth sexual offence conviction s 14F ins A2020-42 s 143 Spent convictions—revival div 2.3 hdg ins A2020-42 s 143 What are the consequences of a conviction becoming spent? s 16 am A2001-44 amdt 1.3908, amdt 1.3909 Exclusions s 19 am A2001-49 amdt 2.28, amdt 2.29; A2002-35 s 26; ss renum R3 LA (see A2002-35 s 27); A2006-2 amdt 1.18, amdt 1.19; A2008-28 amdt 3.162; A2008-25 amdt 2.10; A2011-34 s 21; ss renum R13 LA; A2011-48 amdt 1.52; A2011-37 s 34; pars renum R16 LA; A2011-45 amdt 1.26; A2018-25 amdt 1.4; A2024-33 amdts 1.13-1.15 Extinguishing historical homosexual offence convictions pt 3A hdg ins A2015-45 s 8 Definitions—pt 3A s 19A ins A2015-45 s 8 def historical homosexual offence ins A2015-45 s 8 def public morality offence ins A2015-45 s 8 Application to have conviction extinguished s 19B ins A2015-45 s 8 am A2025-29 amdt 4.168 Request for additional information s 19C ins A2015-45 s 8 Decision on application to have conviction extinguished s 19D ins A2015-45 s 8 Eligibility s 19E ins A2015-45 s 8 Director-general may obtain information s 19F ins A2015-45 s 8

Endnotes Amendment history 4 R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Restriction on right to re-apply s 19G ins A2015-45 s 8 Extinguishing youth offence convictions pt 3AA hdg ins A2023-45 s 128 Meaning of youth offence conviction s 19GA ins A2023-45 s 128 sub A2023-45 s 129 Youth offence convictions extinguished s 19GB ins A2023-45 s 128 sub A2023-45 s 129 Consequences of extinguished convictions pt 3B hdg ins A2015-45 s 8 Consequences of conviction becoming extinguished s 19H ins A2015-45 s 8 am A2023-45 s 130, s 131; ss renum R30 LA; A2025-9 s 16 Unlawful disclosure of extinguished conviction s 19I ins A2015-45 s 8 Improperly obtaining information about extinguished convictions s 19J ins A2015-45 s 8 Notification and review of decisions pt 3C hdg ins A2015-45 s 8 Meaning of reviewable decision––pt 3C s 19K ins A2015-45 s 8 Reviewable decision notices s 19L ins A2015-45 s 8 am A2025-29 amdt 4.168 Applications for review s 19M ins A2015-45 s 8 am A2025-29 amdt 4.168 Act does not affect certain other lawful acts s 21 am A2015-45 s 9 Act does not authorise destruction of records s 22 am A2015-45 s 10 Approved forms s 22A ins A2015-45 s 11 am A2025-29 amdt 4.168 Regulation-making power s 23 am A2001-44 amdt 1.3910; A2025-29 amdt 4.168

Endnotes 4 Amendment history page 48 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Amendment of Discrimination Act pt 5 hdg om R1 LRA Grounds s 24 om R1 LRA Reviewable decisions sch 1 ins A2015-45 s 12 Dictionary dict am A2003-56 amdt 3.236; A2011-52 amdt 3.188; A2015-45 s 13; A2017-4 amdt 3.194; A2025-29 amdt 3.315 def ACT offence am A2003-56 amdt 3.237 def casino om A2003-56 amdt 3.238 def correctional agency om A2003-56 amdt 3.239 def extinguished ins A2015-45 s 14 def function om A2003-56 amdt 3.240 def historical homosexual offence ins A2015-45 s 14 def law enforcement agency am A2003-56 amdt 3.241, amdt 3.242; A2003-58 amdt 1.3; pars renum R5 LA (see A2003-58 amdt 1.4); A2011-52 amdt 3.189; A2015-50 amdt 3.152; A2017-4 amdt 3.195; pars renum R23 LA; A2018-42 amdt 3.111 def prison officer sub A2003-56 amdt 3.243 def public authority am A2003-56 amdt 3.244; A2025-29 amdt 3.316 def public morality offence ins A2015-45 s 14 def reviewable decision ins A2015-45 s 14 def sexual offence am A2005-53 amdt 2.26; A2015-50 amdts 3.153-3.155 def victim ins A2020-42 s 144 def youth offence conviction ins A2023-45 s 132 def youth sexual offence conviction ins A2020-42 s 144

Endnotes Earlier republications 5 R33 26/11/25 Spent Convictions Act 2000 Effective: 26/11/25 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 not amended 1 July 2001 2 A2001-49 12 September 2001 3 A2002-35 16 December 2002 4 A2003-58 19 December 2003 5 A2003-58 17 June 2004 6 A2005-53 23 November 2005 7 A2006-2 1 May 2006 8 A2006-23 2 June 2006 9 A2008-28 26 August 2008 10 A2008-28 15 January 2009 11 A2010-47 1 December 2010 12 A2011-15 13 May 2011 13 A2011-34 4 October 2011 14 A2011-52 12 December 2011 15 A2011-52 1 March 2012 16 A2011-52 27 September 2012 17 A2011-52 8 November 2012 18 A2014-58 5 December 2014 19 A2015-45 7 November 2015 20 A2015-50 9 December 2015 21 A2016-4 2 March 2016

Endnotes 5 Earlier republications page 50 Spent Convictions Act 2000 Effective: 26/11/25 R33 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No Amendments to Republication date 22 A2016-49 24 August 2016 23 A2017-4 9 March 2017 24 A2017-21 15 August 2017 25 A2018-25 9 August 2018 26 A2018-42 22 November 2018 27 A2020-42 27 February 2021 28 A2021-12 23 June 2021 29 A2023-33 13 September 2023 30 A2023-45 22 November 2023 31 A2024-33 11 July 2024 32 A2025-9 1 July 2025 © Australian Capital Territory 2025

The Act’s operational vocabulary is concentrated and defined within the text and dictionary: conviction (s 6), spent conviction (s 7), extinguished conviction (s 7A), quash (s 8), crime-free period (s 13), youth sexual offence conviction (s 14A), historical homosexual offence (s 19A), youth offence conviction (s 19GA), and public authority (dictionary). The Act applies to convictions under ACT, Commonwealth, State and foreign laws, with necessary adjustments (s 9).

Spent conviction. A conviction becomes "spent" either by operation of the time rule in s 12 and s 13, by quashing, or by pardon (s 7(1)). For ordinary convictions (non-youth sexual), a conviction becomes spent on completion of the relevant crime-free period unless earlier spent under s 12(1)-(2). The crime-free period is 5 consecutive years where the person was not dealt with as an adult, and 10 consecutive years in other cases (s 13(1)). The crime-free period is subject to interruption by certain intervening events: being subject to a control order, being convicted of an offence punishable by imprisonment, being in prison for a conviction, or being unlawfully at large, any of which reset the crime-free period calculation (s 13(2)).

Traffic/non-traffic distinction. Traffic offences are handled separately in s 14. Traffic convictions and any imprisonment for them are disregarded when calculating the crime-free period for non-traffic offences, and vice versa. Certain driving-related offences, including culpable driving causing death or injury and specific offences under the Road Transport Acts, are treated as exceptions and may count for crime-free period calculations across categories (s 14(2)-(4)).

Youth sexual offence conviction. The Act treats youth sexual offence convictions differently. A youth sexual offence conviction is defined in s 14A and can only be spent by court order under s 14F. Eligibility for judicial spent orders is limited to convictions for sexual offences committed by persons not dealt with as adults when convicted, where the sentence of imprisonment was not longer than 6 months or no imprisonment was imposed (s 14A(b)). The application process, victim notification and DPP and police input are specified (ss 14C-14E). The court must be satisfied that it is in the public interest to make the order, having regard to enumerated factors including nature and seriousness of the offence, sentence length, time since offence, victim views, applicant’s circumstances and public safety risk (s 14F(1)-(2)).

Extinguishment. The Act distinguishes "extinguished" from "spent". Extinguishment removes obligations and, for youth offence convictions extinguished under Part 3AA, more authoritative consequences apply. Historical homosexual offence convictions may be extinguished administratively by the director-general under Part 3A on application (ss 19A-19G). Eligibility for extinguishing historical homosexual offence convictions involving sexual activity requires reasonable satisfaction that any other person involved consented and met specified age thresholds (s 19E). The director-general has powers to request further information, obtain records and must give notice before refusing (ss 19C-19F). The director-general must notify the chief police officer on extinguishment (s 19D(5)).

Youth offence convictions. Part 3AA (ss 19GA-19GB), inserted by amendment, treats convictions for offences committed by persons under 14 as extinguished automatically, except for a specified set of serious offences committed by children aged 12 or 13 (table in s 19GB). Subsection 19GB(2) makes clear that a youth offence conviction already spent before the commencement of the section is extinguished under the new rule.

Consequences. When a conviction is spent, the person is not required to disclose it, criminal history questions do not refer to it, and references to convictions or character in legislation are taken not to include a spent conviction (s 16). For extinguished convictions the consequences are broader: similar non-disclosure and non-referral rules apply, and for youth offence extinguishment the person is taken never to have been charged with or convicted of the offence and may say so in court or tribunal proceedings (s 19H(1)-(2)). Both spent and extinguished regimes contain criminal offences for unlawful disclosure or dishonest obtaining of records, with identical maximum penalties (ss 17-18 for spent, ss 19I-19J for extinguished).

Exclusions and exceptions are a core concept. Section 11(2) lists categories that cannot become spent, including convictions for offenders aged at least 14 that drew imprisonment of longer than 6 months, sexual offences other than youth sexual offences, and corporate convictions. Section 19 enumerates contexts where the spent-conviction protections do not apply, including many employment and licensing contexts that involve vulnerable persons, firearms, casinos, gambling licences, security, and working-with-vulnerable-people checks. Regulations can extend or limit the Act’s effect, including prescribing convictions not capable of becoming spent (s 23(2)-(4)).

Reviewability and procedural safeguards are codified. The director-general must provide procedural fairness before refusing extinguishment by giving written notice of proposed refusal with reasons and records and allowing 14 days to respond (s 19D(3)). Reviewable decisions and notices are governed by Part 3C and schedule 1; applicants and affected entities may apply to ACAT for review (ss 19K-19M and schedule 1).

Finally, the Act contains protective provisions preserving other laws and records. It does not authorise contraventions of other laws (s 20), it does not permit destruction of records relating to spent, extinguished or quashed convictions (s 22), and it declares that archive/library and law enforcement uses for official functions are not offences against the disclosure prohibitions (ss 17(2)-(3), 19I(2)).

Individuals with convictions, public authorities holding conviction records, courts, prosecution agencies, employers, licensing bodies, regulatory agencies and members of the public are all affected. The statute identifies specific affected groups and decision-makers.

Persons with convictions. Any person convicted of an offence under ACT, Commonwealth, State or foreign law falls within the Act’s scope for the purposes of determining whether a conviction can become spent or extinguished; the Act applies to existing convictions as well as convictions after commencement (s 9, s 10). Not all convictions are eligible; s 11(2) lists categories that cannot become spent including certain sentences of imprisonment for offenders aged 14 or older, sexual offences other than youth sexual offences, and convictions of corporations. Persons under youth definitions have special pathways: youth sexual offence convictions require court application (s 14C-14F); convictions for persons under 14 are treated under Part 3AA (s 19GA-19GB).

Public authorities and record holders. “Public authority” is defined in the dictionary to include administrative units, territory authorities and persons exercising functions for the Territory (dictionary). Those entities and their officers must not disclose information about spent convictions without lawful authority (s 17(1)), and must not dishonestly obtain information about spent convictions (s 18). Similar criminal prohibitions apply for extinguished convictions (ss 19I-19J). Law enforcement agencies are given express exceptions for exchanges with other agencies or courts in the exercise of functions (s 17(3); s 19I(2)(c)). Archives and libraries have limited exceptions for materials normally available for public use (s 17(2); s 19I(2)(a)).

Decision-makers and regulators. The director-general has administrative power to extinguish historical homosexual convictions under Part 3A and obligations to follow procedural steps before refusal, to request information, and to notify the chief police officer on extinguishment (ss 19B-19F). Courts, including the Magistrates Court, Supreme Court and Children’s Court, can make spent orders for youth sexual offence convictions where satisfied it is in the public interest (ss 14E-14F). The director of public prosecutions and the chief police officer are notified of youth sexual application filings and may make submissions; the DPP must take reasonable steps to give notice to victims and consider victim views (s 14D).

Employers and licensing bodies. Employers and licensing authorities must adapt behaviour to the statutory rule that spent or extinguished convictions are not to be taken into account in many contexts, but the Act contains detailed exclusions where disclosure or consideration is still lawful. Section 19 outlines contexts where spent-conviction protection does not apply, including employment involving children, older people or people with disabilities; Firearms Act suitability decisions; casino eligibility; interactive gambling licences; and working-with-vulnerable-people registration. Part 3B(4) states that extinguishment consequences do not apply to applications for registration under Working with Vulnerable People (Background Checking) Act 2011.

Courts and tribunals. Courts retain statutory competence to admit evidence of spent convictions in appropriate circumstances, and courts admitting such evidence should take steps to prevent or minimise publication of the evidence (s 19(3)-(4)). The ACAT has jurisdiction to review reviewable decisions listed in schedule 1, such as the director-general’s refusal to extinguish a conviction (ss 19K-19M; schedule 1).

Third parties and victims. Victims are explicitly part of the decision process for youth sexual offence spent orders: the DPP must take reasonable steps to notify victims and take into account victims’ views before making submissions to the court (s 14D(3)). The court must have regard to victim views under s 14F(2)(d).

Industry and professionals. Specific professional regulation interacts with the Act. The Act expressly preserves certain provisions in other statute such as the Evidence Act 2011, the Crimes Act 1900 s 291, and relevant Health Practitioner Regulation National Law provisions (s 19(11); s 19H(3)). Licence and registration processes under the Security Industry Act 2003, the Working with Vulnerable People Act 2011, the Firearms Act 1996 and other statutes are exempted from the spent or extinguished protections in particular contexts (s 19(1)-(10); s 19H(4)). The dictionary also defines "law enforcement agency" broadly to include national and interstate bodies and entities prescribed by regulation, meaning multiple agencies have roles under the Act.

Who pays. Practically the costs fall on several groups: applicants (time and evidentiary cost to make applications under ss 14C and 19B), administrative agencies (director-general, courts, DPP, police) who must process applications and notices, employers and regulators who must update screening and recruitment procedures to comply with non-disclosure rules and exclusions, and public authorities who must secure records and limit internal disclosure, with criminal sanctions for unlawful disclosure or obtaining (ss 17-18; ss 19I-19J). The Executive can impose further costs or relieve them by regulation (s 23).

Geographic and jurisdictional reach. The Act expressly applies to Commonwealth, State, Territory and foreign convictions with necessary changes to implement corresponding effect (s 9(1)-(2)). The note to s 9 points to overlap with Commonwealth spent-conviction provisions; the Act foresees that federal law might operate concurrently and that Territory law cannot be inconsistent with Commonwealth law.

The Act distributes duties and rights across applicants, administrative officers, courts, employers and record-keeping organisations. Below are the statutory duties, rights to apply and procedural protections, with section references.

Duties to apply and provide information. Where the statute requires an application, the applicant must file it in writing or by another form acceptable to the decision-maker: youth sexual offence convictions require a written application to a court with specified content (s 14C(1)-(2)); historical homosexual extinguishment applications must be made to the director-general in writing or any other way the director-general reasonably accepts and must include specified identity and conviction particulars (s 19B(1)-(2)). The director-general may request additional information or documents and may refuse to consider an application further if the applicant does not comply with a written request, unless the applicant shows an inability to comply (s 19C(1)-(3)).

Notification duties. Applicants for youth sexual offence spent orders must give written notice of the application to the chief police officer and the director of public prosecutions (s 14D(1)). The director-general must tell the chief police officer about the decision to extinguish a historical homosexual conviction (s 19D(5)). The director-general must provide a reviewable decision notice when the director-general makes a reviewable decision, and must take reasonable steps to inform any other person whose interests are affected (s 19L note; s 19L; s 19M note).

Decision-making duties and procedural fairness. The director-general must either extinguish or refuse to extinguish a conviction on application (s 19D(1)). The director-general cannot extinguish unless satisfied that eligibility criteria for sexual activity convictions are met and any other matters prescribed by regulation are satisfied (s 19D(2)). The director-general cannot refuse without first giving written notice of proposed refusal, stating reasons, providing copies of relevant records, and allowing further information to be supplied within 14 days; the director-general must then consider any material provided (s 19D(3)(a)-(c)). These are explicit procedural fairness duties.

Court duties. A court hearing an application for a youth sexual offence spent order must be satisfied the order is in the public interest before making it, and must consider a non-exhaustive list of factors such as offence nature and seriousness, sentence length, time elapsed since offence, victim views, applicant circumstances, and public safety risk (s 14F(1)-(2)). Courts may conduct hearings in open court or in the absence of the public having regard to privacy and protection of the applicant’s identity (s 14F(3)).

Rights to non-disclosure and non-referral. The central private right is that a person with a spent conviction is not required to disclose it to anyone and that questions about criminal history are taken not to refer to spent convictions (s 16(a)-(b)). For extinguished convictions the right is the same and is stronger for youth offence extinguishment, where the person is taken never to have been charged, convicted, or sentenced for the offence and may lawfully state to a court or tribunal that they have not been charged or convicted (s 19H(1)-(2)). These are statutory privileges conferred on persons meeting eligibility or administrative criteria.

Exceptions and limits on rights. The statutory rights are subject to enumerated exceptions. Section 19 lists many contexts where s 16 does not apply, including applications for appointment or employment in positions of trust or with vulnerable persons, registration under the Working with Vulnerable People Act, firearms suitability decisions, casino employee assessments, interactive gambling licences, and certain regulatory reporting and licensing processes. Section 19H(4) and associated notes preserve the operation of certain Health Practitioner Regulation National Law provisions. Section 20 clarifies that the Act does not authorise contravention of other laws; section 21 preserves lawful acts done before the conviction becomes spent or extinguished.

Obligations on record holders and criminal sanctions. Public authorities and persons with access to records of convictions must not, without lawful authority, disclose information about spent convictions (s 17(1)); analogous prohibition applies to extinguished convictions (s 19I(1)). It is an offence to fraudulently or dishonestly obtain information about spent or extinguished convictions from records kept by or on behalf of a public authority (ss 18, 19J). Maximum penalties are 50 penalty units and/or 6 months imprisonment for these offences (ss 17(1), 18, 19I(1), 19J); the republication sets penalty unit values at $160 for an individual and $810 for a corporation as at the republication date.

Duty to use approved forms. The director-general may approve forms for use under the Act and if the director-general approves a form for a particular purpose that approved form must be used; an approved form is itself a notifiable instrument (s 22A(1)-(3)). That transfers a compliance duty to applicants and administrative officers to adhere to prescribed formats.

Regulation-making powers and their effect. The Executive may make regulations for the Act, including providing that provisions do not affect specified Acts, prescribing convictions that cannot be spent, prescribing offences considered sexual offences for the Act’s purposes, and otherwise carving out or creating classes of persons or circumstances where the Act does not apply (s 23(1)-(4)). This gives regulators a delegated power to change the Act’s application without primary legislation.

Review rights. Review rights are provided. Schedule 1 identifies reviewable decisions under Part 3C, and ss 19L-19M require reviewable decision notices and permit applications to the ACAT by entities listed in schedule 1 and any other person whose interests are affected. Schedule 1 explicitly lists refusal to extinguish a conviction under s 19D(1) as reviewable, with the applicant as the entity with standing (schedule 1, item 1).

In sum, duties on applicants and administrators are procedural and documentation based; private rights are non-disclosure and non-referral with explicit statutory exceptions; criminal sanctions apply to unauthorised access or disclosure; and the Executive retains regulatory power to refine or restrict the Act’s application.

The Act establishes criminal sanctions for unauthorised disclosure and dishonest or fraudulent obtaining of spent and extinguished conviction information, prescribes administrative enforcement mechanisms including notices and review, and entrusts enforcement to standard criminal and administrative actors.

Offences and maximum penalties. For spent convictions, s 17(1) makes it an offence for a person who has access to records of convictions kept by or on behalf of a public authority to disclose information about a spent conviction without lawful authority. The maximum penalty under s 17(1) is 50 penalty units, imprisonment for 6 months, or both. Section 18 makes it an offence to fraudulently or dishonestly obtain information about a spent conviction from records of convictions kept by or on behalf of a public authority, with the same maximum penalty. For extinguished convictions, parallel offences appear in s 19I(1) (unlawful disclosure) and s 19J (improperly obtaining information), again with the maximum penalty of 50 penalty units, imprisonment for 6 months, or both. The republished law notes the value of a penalty unit at the republication date: $160 for an individual and $810 for a corporation (front matter, Penalties).

Application of the Criminal Code. Section 5A identifies particular provisions where the Criminal Code applies, and notes specifically that the Criminal Code, ch 2 applies to the offences in s 19I (Unlawful disclosure of extinguished conviction) and s 19J (Improperly obtaining information about extinguished convictions). That means general principles of criminal responsibility, including burdens of proof and defences defined in the Criminal Code, apply to those offences. The Act’s notes also indicate that Criminal Code chapter 2 generally applies to offences against the Act where indicated.

Enforcement actors and permitted disclosure. Law enforcement agencies are expressly permitted to make information about a spent conviction available to another law enforcement agency or to a court in the exercise of their functions (s 17(3)). Similarly, s 19I(2)(c) exempts the director-general or persons acting under the director-general’s directions when informing public authorities that a particular conviction is extinguished. Archives and libraries may make material normally available for public use available to members of the public pursuant to their normal procedures (s 17(2); s 19I(2)(a)). Public authorities may make information about an extinguished conviction available to the convicted person (s 19I(2)(b)).

Administrative enforcement: decision notices, review and notification. The director-general must give reviewable decision notices for reviewable decisions under Part 3C and schedule 1 (s 19L). The director-general must also take reasonable steps to give notice to any other person whose interests are affected by the decision (s 19L note). Affected entities and persons may apply to the ACAT for review of a reviewable decision (s 19M). The schedule identifies the director-general’s refusal to extinguish a conviction under s 19D(1) as a reviewable decision, and the applicant is the listed entity for receiving the notice and for standing (schedule 1, item 1).

Courts and criminal enforcement. Criminal offences under the Act are enforced through the ordinary criminal justice system. The Act leaves criminal investigations and prosecutions to law enforcement agencies and prosecuting authorities; the director of public prosecutions and police play roles in youth sexual offence applications and may bring submissions (s 14D(2)). Courts retain the ability to admit evidence of spent convictions in proceedings and must take steps to prevent or minimise publication when appropriate (s 19(3)-(4)).

Regulatory enforcement and delegated rule-making. The Executive’s regulation-making power under s 23 allows prescription of additional exceptions, including treating specified convictions as never capable of being spent (s 23(3)-(4)). That power can shift enforcement burdens and compliance regimes in particular sectors without primary legislation, subject to the usual statutory instruments regime. Approved forms authorised under s 22A(1) are notifiable instruments and thus part of the enforceable administrative template; failing to use an approved form where one is required may have administrative consequences.

Interplay with other enforcement regimes. The Act preserves the operation of other statutes that deal with evidence, regulatory checks and licensing. Section 19(11) expressly notes that the Act does not affect the Crimes Act 1900 s 291 (Evidence of previous conviction charged in indictment) and the Evidence Act 2011 parts dealing with evidence of judgments and convictions and character. Sections 19(1)-(10) identify contexts where the Act’s protections do not apply and where other statutory regimes authorise disclosure or use of conviction information, including Working with Vulnerable People, Firearms, Casino Control, Security Industry and Race and Sports Bookmaking obligations. Part 3B(3) makes explicit that certain Health Practitioner Regulation National Law provisions operate despite extinguishment protections (s 19H(3)).

Practical enforcement risks. From an implementer’s perspective, the primary enforcement exposure is operational: ensuring that persons with access to conviction records are trained and systems configured to avoid unauthorised disclosure, and that applications and decision notices meet procedural requirements to avoid review. The Act’s criminal sanctions are relatively modest in duration but include financial penalties; the Act ties offences to access to records kept by or on behalf of a public authority, which places a compliance obligation on public authorities to control record access channels.

The Act is drafted to operate alongside and in some instances subordinate to other statutory regimes; it contains express cross-references, preserved exceptions and regulatory powers to modify interactions.

Concurrent and overriding relationships. Section 9 expressly states the Act applies to Commonwealth, State and foreign convictions as well as ACT convictions, with necessary changes to enable corresponding application. The note to s 9 highlights that the Commonwealth’s Crimes Act 1914 pt 7C contains its own spent convictions rules and that Commonwealth law may prevail in cases of inconsistency under the Australian Capital Territory (Self-Government) Act 1988 s 28. The Act thereby recognises concurrent federal rules and the constitutional order that may give Commonwealth law precedence.

Specific statutory preserves and exceptions. Section 19(11) explicitly preserves the operation of Crimes Act 1900 s 291 and the Evidence Act 2011 parts dealing with evidence of judgments, convictions and character. Section 19H(3) makes extinguishment consequences effective despite certain Health Practitioner Regulation National Law (ACT) provisions, but subsection 19H(4) qualifies that extinguishment rights do not apply in relation to applications under the Working with Vulnerable People (Background Checking) Act 2011 or corresponding laws. Section 20 states the Act does not authorise disclosure or taking into account of a conviction if to do so would contravene any other law, which is a non-derogation clause preserving higher order duties.

Sectoral licensing and screening laws. The Act lists sectoral contexts where the spent-conviction protections do not apply. These include appointment or employment in positions involving children, older people or people with disability, registration under the Working with Vulnerable People Act, decisions under the Firearms Act 1996 about suitability, Casino Control Act 2006 eligibility decisions, applications for interactive gambling licences under the Interactive Gambling Act 1998, and licensing under the Security Industry Act 2003 (s 19(1)-(10)). The Act also references Race and Sports Bookmaking Act 2001 licensing (s 19(6)), Sex Work Act 1992 reporting and registration (s 19(8)), and Security Industry Act applications and police certificates (s 19(9)).

Evidence and court rules. Section 19(3) preserves the right to adduce evidence of spent convictions in court proceedings and requires courts admitting such evidence to take reasonable steps to prevent or minimise publication. This balances court procedural rules with the Act’s statutory protection, and interacts with Evidence Act 2011 provisions cited in s 19(11).

Record-keeping and archives. Section 22 makes clear the Act does not authorise destruction by a public authority of records relating to spent, extinguished or quashed convictions. Archive and library exceptions for disclosure in s 17(2) and s 19I(2)(a) interact with archival access rules and copyright and public access regimes.

Criminal Code application. Section 5A draws attention to the application of the Criminal Code to particular offences under the Act, notably s 19I and s 19J offences. Where the Criminal Code applies, its definitions and general defences will be used in prosecutions for those offences.

Regulation-making power. Section 23 gives the Executive a broad delegated power to make regulations that can alter how the Act interacts with other laws, including providing that the Act does not affect prescribed Acts, prescribing convictions that cannot be spent, and specifying classes of persons or circumstances where provisions of the Act do not apply. That regulatory power enables future interactions to be altered administratively within a delegated legislative framework.

Administrative law overlay. The director-general’s decision-making and the right to ACAT review (ss 19D, 19L-19M and schedule 1) integrate the Act into the Territory’s administrative law framework. Procedural fairness obligations for proposed refusals and opportunities for affected persons to seek review are consistent with administrative decision-making standards.

Temporal interactions. Section 10 ensures the Act applies to convictions whether the person was convicted before or after commencement. Part 3AA s 19GB explicitly provides that youth offence convictions already spent before commencement are extinguished under the new provision. The endnotes and amendment history show staged insertions of extinguishment and youth provisions; those amendments create temporal transitions that affect application in particular cases.

In short, the Act is designed to sit alongside multiple other laws and to preserve existing regulatory checks in areas that the legislature views as requiring access to conviction histories. The Act contains non-derogation clauses, preserved references to other statutes, and explicit carve-outs in the text and by delegated regulation, which means implementers must reconcile the Act’s protections with sectoral statutory duties.

The republished Act includes a detailed legislative history and amendment list in the endnotes. Key mechanically relevant amendments recorded in the endnotes are summarised below with statutory references to the endnotes and affected provisions.

Original enactment and early changes. The Spent Convictions Act 2000 (A2000-48) was notified on 28 September 2000 and most of the substantive provisions commenced on 28 March 2001 as noted in the legislation history (endnote 3). Early consequential amendments and regulatory alignments occurred through the early 2000s, including changes under the Legislation (Consequential Amendments) Act 2001 (A2001-44), Race and Sports Bookmaking Act 2001 (A2001-49) and various statute law amendment acts cited in the legislation history.

2015 extinguishment additions. The Spent Convictions (Historical Homosexual Convictions Extinguishment) Amendment Act 2015 (A2015-45) inserted Part 3A, defining "historical homosexual offence" and creating an administrative application process to have such convictions extinguished (ss 19A-19G). The amendment and accompanying legislative materials are recorded in the legislation history and amendment history endnotes (endnote 3; endnote 4 entries noting parts inserted A2015-45 s 8, s 13 etc).

2020 youth sexual offence spent orders. Justice Legislation Amendment Act 2020 (A2020-42) inserted Part 2 Division 2.2 dealing with youth sexual offence convictions (ss 14A-14F), defining youth sexual offence convictions, creating a court application pathway, notification of DPP and police, victim notice requirements and public interest criteria for court discretion. See endnote 3 and amendment history entries noting ins A2020-42 s 143 and the insertion of the division.

2023 age-of-responsibility and youth extinguishment. The Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 (A2023-45) added Part 3AA (ss 19GA-19GB) which extinguishes youth offence convictions for offences committed by persons under 14, with specific carve-outs for grave offences committed by 12 and 13 year olds (table in s 19GB). The amendment history records these insertions (endnote 3 and endnote 4 referencing A2023-45 s 128-131 etc).

2024-2025 technical and consequential updates. Subsequent amendments adjust definitions, cross-references and administrative machinery. Examples include the Education and Care Services (National Law (ACT)) Amendment Act 2024 (A2024-33) moving references to education and care services (endnote 3). The Crimes Legislation Amendment Act 2025 (A2025-9) and the Statute Law Amendment Act 2025 (A2025-29) include further amendments and insertions, including technical updates to forms and review notice processes (endnote 3 and endnote 4 entries noting A2025-9 and A2025-29 amendments, the latter affecting s 22A and Part 3C process as recorded).

Incremental statutory dressing. The amendment history shows the Act has been incrementally revised to: insert extinguishment pathways for historically discriminatory offences, accommodate changes in youth justice policy, align with national regulatory instruments in education and health sectors, preserve other statutory evidence and licensing regimes, and broaden or clarify the list of excluded contexts where spent-conviction protection does not apply. The endnotes list dozens of amending Acts and the dates of commencement of respective provisions (endnote 3).

Regulations and delegated changes. The Act gives the Executive power under s 23 to make regulations that can in effect alter the scope of what can become spent, prescribe sexual offences and create further exceptions. The amendment history records several occasions where substantive regulatory or consequential changes were enacted in parallel with statutory amendments. It is therefore important to check current regulations and notifiable instruments referenced by s 22A for approved forms and s 23 for carved-out exceptions, as some of the Act’s operating detail is delegated to regulations.

Procedural detail added over time. The Act’s procedural protections around director-general decision-making, notification and review were largely introduced in the 2015 amendments (Part 3A and Part 3B), with additional procedural refinements and the creation of schedule 1 reviewable decisions at that time. The 2020 and 2023 amendments added discrete youth-focused application and extinguishment pathways.

This account is drawn from the legislation history and amendment history supplied in the republished Act (endnotes 3 and 4). Practitioners should consult the listed amending Acts and the current regulations for any detailed transitional provisions or uncommenced clauses noted in those endnotes.

The Act’s text and the included endnotes do not record any judicial decisions applying or construing the Spent Convictions Act 2000. The republished statute does not name cases or include a case history section. The Act provides administrative review routes and litigation entry points as follows.

Reviewable administrative decisions. Schedule 1 lists the reviewable decision in relation to Part 3C: a decision to refuse to extinguish a conviction under s 19D(1) is a reviewable decision and the applicant is the entity that must be given the reviewable decision notice (schedule 1, item 1). Section 19M allows the applicant and other affected persons to apply to the ACT Civil and Administrative Tribunal (ACAT) for review of a reviewable decision. Practitioners handling refusals should expect ACAT to be the first-instance tribunal for administrative law challenges under the Act (ss 19L-19M and schedule 1).

Court applications for youth sexual offence spent orders. The Act creates an express judicial route for youth sexual offence convictions to become spent via court order (ss 14C-14F). Applications can be made to the Magistrates Court or Supreme Court depending on where the original conviction occurred, with transfer powers between the courts and a possible transfer to the Children’s Court where the applicant is under 18 (s 14E(1)-(3)). Those provisions establish a judicial pathway likely to generate case law on public interest balancing, victim participation, privacy and court publicity minimisation obligations under s 14F(3) and s 14F(2)(d).

Criminal prosecutions under the Act. The Act creates criminal offences for unauthorised disclosure and dishonest obtaining of spent and extinguished conviction information (ss 17-18; ss 19I-19J). Any prosecutions for those offences would proceed through the ordinary criminal courts. The Act notes that the Criminal Code chapter 2 applies to specified offences against the Act, which will frame criminal responsibility and defences (s 5A).

Absence of reported decisions in the republished legislation. Because the republished Act and endnotes do not include case law references, the Act as republished provides no statutoryly-cited litigation history. Practitioners should search judicial databases for ACAT reviews of director-general decisions under Part 3C, for appeals from court orders under s 14F, and for criminal prosecutions under the Act’s disclosure and obtaining provisions. Any statutory interpretation issues likely to arise include construction of "public interest" in s 14F(1), the scope of "lawful authority" for disclosure exceptions in s 17(1) and s 19I(1), and the interplay between extinguishment consequences and other statutory reporting duties (e.g. Working with Vulnerable People, Firearms, Health Practitioner Regulation National Law).

In the absence of named cases in the statute, administrative decision-makers and legal advisers should anticipate challenges on procedural fairness grounds where the director-general refuses extinguishment without adequate notice or fails to consider material provided within the 14 day period set out in s 19D(3), and on the interpretation of statutory carve-outs where licensing or regulatory bodies seek to rely on spent or extinguished convictions.

Several operational and legal pitfalls arise directly from the statute’s wording and structure. These "gotchas" are concrete mechanics that can create compliance traps, unexpected exposures, or administrative complexity.

Many statutory exceptions. The general protection that a person is not required to disclose a spent conviction (s 16(a)) is subject to a detailed list of exceptions in s 19. These exceptions cover employment and engagement in caring or supervisory roles for children, older people or people with disability; Firearms Act suitability decisions; casino eligibility and interactive gambling licences; Security Industry Act licensing; Race and Sports Bookmaking applications; Sex Work Act notices; and Working with Vulnerable People registrations (s 19(1)-(10)). Practitioners cannot assume sector-neutral non-disclosure; check the specific statutory carve-outs before advising.
Traffic and non-traffic separation complicates time calculations. Section 14 separates traffic and non-traffic convictions when calculating crime-free periods. A traffic offence and any related imprisonment are disregarded for the crime-free period of a non-traffic conviction, and vice versa, but some driving offences count for both. That can produce unintuitive results when an individual has mixed traffic and non-traffic histories; careful sequencing and categorisation of offences is required to compute the correct crime-free period.
Revival on intervening offences. While s 15 generally prevents revival of spent convictions by later convictions, if the later offence was committed during the earlier crime-free period and resulted in conviction, this part may cease to apply, either by court order for summary convictions or automatically for indictable convictions or convictions in other jurisdictions (s 15(2)). That creates a timing sensitivity: a later conviction during the crime-free period can remove spent status until a further crime-free run is achieved.
Youth sexual offences and public interest balancing. Youth sexual offence convictions cannot be spent as a matter of time alone; they require an application to a court and a public interest assessment under s 14F(1)-(2). The court must consider victim views, which the DPP is required to seek and present (s 14D(3)). Applicants should anticipate contested hearings and potential protective orders for hearing privacy (s 14F(3)). That creates evidentiary and procedural burdens on applicants not present in the mainstream time-based regime.
Director-general discretion and evidentiary burdens. For historical homosexual extinguishment, the director-general must be satisfied on reasonable grounds of eligibility conditions for sexual activity convictions (s 19D(2)-(2)(a); s 19E). The director-general may require additional information and may refuse to consider incomplete applications (s 19C). Applicants can be refused and are subject to a restraining rule on re-application unless new supporting information becomes available (s 19G). Administrative criteria may therefore impose significant gathering duties on applicants.
Non-destruction of records despite extinguishment. Section 22 explicitly states the Act does not authorise destruction of records relating to spent or extinguished convictions. Even where a conviction is extinguished or spent, records must be retained by public authorities, creating continuing compliance obligations for record-keeping and secure access.
Inadvertent permitted disclosures. Archives and libraries can provide public access under normal procedures to material that contains information about spent or extinguished convictions (s 17(2); s 19I(2)(a)). Law enforcement agencies can share information for functions (s 17(3); s 19I(2)(c)). Those exceptions mean that the presence of a spent or extinguished record in publicly accessible material is not automatically a statutory offence; context matters.
Interaction with other statutory reporting duties. Section 20 states the Act does not authorise disclosure that would contravene other laws. That means a public authority with an independent statutory duty to disclose, for example under safety reporting regimes or working-with-vulnerable-people checks, must comply with those duties even if they require disclosure of otherwise spent or extinguished convictions.
Regulations can change scope. The Executive has power to make regulations that can declare that this Act does not affect specified Acts or that provisions do not apply to particular classes of persons or circumstances, and can declare that a conviction is never capable of becoming spent (s 23(2)-(4)). That delegated power allows future expansion or contraction of exemptions without primary legislation; practitioners must monitor subordinate instruments.
Penalty exposure linked to access, not mere knowledge. The offences in ss 17 and 19I and related sections target persons who "have access to records of convictions kept by or on behalf of a public authority" and disclose without lawful authority, and persons who fraudulently or dishonestly obtain information from such records (ss 17(1), 18, 19I(1), 19J). The statutory focus on access channels means employers or contractors who use third-party background check services must ensure the third party operates lawfully, since improper obtaining by a third party may create exposure.
Health and professional regulation interplay. Section 19H(3) and associated notes confirm some provisions of the Health Practitioner Regulation National Law (ACT) operate despite extinguished convictions; at the same time s 19H(4) carves out working-with-vulnerable-people registrations from extinguishment consequences. Practitioners should not assume that extinguishment eliminates professional disclosure obligations.

Each of these points arises from express statutory language and the Act’s structure. They translate into concrete compliance actions and litigation risk areas that administrative units, employers and applicants must anticipate.

This section sets out practical, source-grounded steps and checklists for different actors: applicants (individuals), public authorities and record-holders, employers and licensing bodies, and decision-makers (director-general and courts). All steps cite the statutory provisions establishing the duties.

Applicants (for spent or extinguishment outcomes)

Determine whether the conviction is capable of becoming spent: check s 11 to confirm the conviction is not excluded (e.g. more than 6 months imprisonment for offenders aged 14 or older, sexual offences other than youth sexual offences, corporate convictions, or convictions prescribed under regulation).
Calculate the crime-free period: use s 13 to determine whether the relevant period is 5 or 10 consecutive years, and apply s 13(2) to check for events that interrupt or reset the period such as control orders, imprisonment, convictions for imprisonable offences, or being unlawfully at large.
For traffic vs non-traffic calculations: classify offences under s 14 and apply s 14(2)-(4) to determine which convictions are disregarded for which crime-free periods.
For youth sexual offence convictions: if eligible under s 14A, prepare a written application to the appropriate court with the details required in s 14C(2). Give written notice to the chief police officer and the director of public prosecutions as required by s 14D(1). Expect the DPP and police to make submissions and for victim notification obligations to be followed by the DPP (s 14D(2)-(3)).
For historical homosexual offences: apply to the director-general in writing or by any other method reasonably accepted by the director-general, including the identity and conviction details required by s 19B(2). Be prepared to provide further information if requested under s 19C; failure to comply can lead to refusal to consider the application (s 19C(2)).
Preserve documentary evidence and witnesses supporting consent and age criteria where sexual activity is involved, since the director-general must be satisfied on reasonable grounds for eligibility under s 19E and may require information from public employees, police, courts or the DPP under s 19F.
If the director-general proposes to refuse, supply additional material within the 14 day period set out in s 19D(3)(b)(iii); the director-general must consider that material before refusing (s 19D(3)(c)). If refused, note schedule 1 and ss 19L-19M for ACAT review options.

Public authorities and record-keepers

Inventory records of convictions and identify systems providing access to conviction records. The Act’s disclosure and obtaining offences (ss 17-18 and ss 19I-19J) apply to records kept by or on behalf of a public authority.
Implement access controls and logging to ensure only authorised officers with a lawful function can access and disclose spent or extinguished conviction information, consistent with the permitted exceptions in s 17(2)-(3) and s 19I(2).
Ensure staff understands archive/library and law enforcement exceptions: archives and libraries may disclose under normal procedures when material is normally available for public use (s 17(2); s 19I(2)(a)); law enforcement agencies may disclose in the exercise of functions to other agencies or courts (s 17(3)).
Do not destroy records relating to spent or extinguished convictions; s 22 expressly prohibits destruction by or on behalf of a public authority.
When notified by the director-general of extinguishment under s 19D(5), update internal systems to mark the conviction as extinguished while retaining the record as required by s 22, and ensure any internal disclosure complies with the disclosure exceptions in s 19I(2).

Employers, licensing bodies and regulators

Review recruitment and licensing questions to ensure they do not require disclosure of spent or extinguished convictions contrary to s 16 and s 19H, but verify whether the role falls within the statutory exceptions listed in s 19 (for spent convictions) or s 19H(4) (for extinguished youth convictions).
For roles involving children, older people or people with a disability, or for working-with-vulnerable-people registration, expect that s 16 will not relieve the person of disclosure obligations; follow the applicable sectoral statute (s 19(1)-(2); s 19H(4)).
For firearms suitability decisions, casino employment, interactive gambling licences, security industry licences, race and sports bookmaking licences, or sex work reporting, check the relevant statutory provisions cited in s 19 to determine required

Spent Convictions Act 2000

Plain English Summary

Deep Dive

What it does

Current sections

Spent Convictions Act 2000

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply