Spent Convictions Act 2021 (Victoria)

The Spent Convictions Act 2021 (Vic) creates a statutory scheme by which certain convictions cease to form part of a person’s criminal record and become non-disclosable except in defined circumstances. Mechanically the Act does three things.

First, it establishes automatic spending rules. Under section 7, a range of convictions become spent with immediate effect on the day of conviction. These include convictions not recorded by the court, qualified findings of guilt under specified mental impairment provisions, convictions for persons under 15 at the time of the offence, Children's Court fines (and overseas equivalents), and infringement convictions. Separately, section 8 provides that other convictions become spent when the conviction period expires, subject to exceptions for serious convictions. Section 9 sets conviction periods: five years for a child or young offender and ten years for other persons.

Second, it provides a court application pathway for certain serious convictions. Part 2 Division 2 (ss 11-19) empowers a person to apply to the Magistrates' Court for a spent conviction order in respect of specified serious convictions where eligibility conditions are met (for example: the applicant was a child or young offender, or the sentence met defined limited custodial thresholds). The statute prescribes application form content (s 12), mandatory service on the Attorney‑General and Chief Commissioner of Police (s 13), an opportunity for submissions (s 14), and a Magistrates' Court discretion to determine the application with or without a hearing (ss 15-16). Section 19 lists factors the Court must consider when deciding whether to make an order.

Third, it sets the legal effect and limits on disclosure. Section 20 removes a spent conviction from a person’s criminal record and prohibits requiring disclosure of it, and prohibits requesting such disclosure. Part 3, however, specifies a wide set of exceptions. Sections 21 and 22 permit disclosure of spent convictions by law enforcement agencies, courts and tribunals, and to a long list of specified bodies for specified statutory purposes (the Table in s 22). Additional, sector‑specific disclosure rules are in ss 22A-22E (Court Services Victoria, family violence, child wellbeing, research, law reporting). The Act creates offences for unlawful disclosure (s 23) and for obtaining spent conviction information by fraud or dishonesty (s 24). A later Part 4A (ss 24A-24E) imposes enhanced protections for spent childhood convictions (convictions imposed when the person was aged 10 or 11 and spent immediately under s 7(1)(c)), including proactive notice obligations, restrictive use rules against Victorian law enforcement and in licensing and employment contexts, and a specific offending provision with a higher penalty (s 24E).

Version No. 012

Spent Convictions Act 2021

No. 13 of 2021

Version incorporating amendments as at
23 February 2026

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 2

4 Act binds the Crown 11

5 Meaning of conviction 11

5A Meaning of custodial term 12

5B How length of custodial term to be determined 12

6 Application of Act to past convictions 14

Part 2—Convictions spent by operation of this Act 15

Division 1—Convictions spent automatically by operation of this Act 15

7 Convictions spent with immediate effect 15

8 Convictions spent on expiry of conviction period 16

9 Conviction period 16

10 Commencement and recommencement of conviction period 17

Division 2—Convictions spent on application 18

11 Application for spent conviction order 18

12 Form and content of application 19

13 Service of application 20

14 Submissions 20

15 Spent conviction order determined without hearing 20

16 Spent conviction order determined with hearing 21

17 Principles for hearings 21

18 Refusal to accept application 21

19 Magistrates' Court may make spent conviction order 22

Part 3—Spent convictions 24

Division 1—Effect of conviction becoming spent 24

20 Effect of conviction becoming spent 24

Division 2—Disclosable spent convictions 25

21 Use of criminal record information by law enforcement agencies, courts and tribunals 25

22 Use of criminal record information by specified persons and bodies 27

22A Collection, use and disclosure of criminal record information by Court Services Victoria 34

22B Disclosure of criminal record information for purposes under the Family Violence Protection Act 2008 35

22C Disclosure of criminal record information for purposes under the Child Wellbeing and Safety Act 2005 36

22D Disclosure of criminal record information by researchers and analysts 36

22E Disclosure of criminal record information for reports on judicial decisions and proceedings 37

Part 4—Offences 39

23 Unlawful disclosure of conviction information 39

24 Obtaining spent conviction information by fraud or dishonesty 40

Part 4A—Spent childhood convictions 41

24A Disclosure of spent childhood conviction 41

24B Restriction on use of spent childhood conviction for law enforcement function 44

24C Restriction on use of spent childhood conviction in civil or criminal proceeding 45

24D Restriction on use of spent childhood conviction for other purposes 46

24E Offence to contravene spent childhood conviction safeguards 48

Part 5—General 50

25 Review of operation of Act 50

26 Regulations 50

Part 6—Transitional provisions 53

27 Justice Legislation Amendment Act 2023 53

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Endnotes 54

1 General information 54

2 Table of Amendments 56

3 Explanatory details 58

Version No. 012

Spent Convictions Act 2021

No. 13 of 2021

Version incorporating amendments as at
23 February 2026

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The purposes of this Act are—

(a) to establish a scheme for convictions to become spent automatically or on application; and

(b) to provide for limited collection, use and disclosure of a spent conviction of a person for the purposes of administration of justice or performance of statutory functions; and

(c) to create offences for disclosing information about a spent conviction or obtaining information about a spent conviction fraudulently or dishonestly; and

(d) to amend the Equal Opportunity Act 2010 to make a spent conviction an attribute on the basis of which discrimination is prohibited under that Act.

2 Commencement

(1) Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act (other than Division 2 of Part 2) does not come into operation before 1 December 2021, it comes into operation on that day.

(3) If a provision of Division 2 of Part 2 does not come into operation before 1 July 2022, it comes into operation on that day.

3 Definitions

In this Act—

S. 3 def. of Australian Bureau of Statistics inserted by No. 26/2023 s. 16(b).

Australian Bureau of Statistics means the Bureau established under section 5(1) of the Australian Bureau of Statistics Act 1975 of the Commonwealth;

S. 3 def. of authorised Hub entity inserted by No. 26/2023 s. 16(b).

authorised Hub entity has the same meaning as in section 144SB of the Family Violence Protection Act 2008;

S. 3 def. of Central Information Point inserted by No. 26/2023 s. 16(b).

Central Information Point has the same meaning as in section 144A of the Family Violence Protection Act 2008;

S. 3 def. of Chief Statistician inserted by No. 26/2023 s. 16(b).

Chief Statistician means the person employed as the Chief Statistician under section 4 of the Crime Statistics Act 2014;

child, in relation to a person convicted of an offence, means a person who was under the age of 18 years at the time of the commission of the offence;

S. 3 def. of Child Link user inserted by No. 26/2023 s. 16(b).

Child Link user has the same meaning as in section 46A of the Child Wellbeing and Safety Act 2005;

S. 3 def. of child wellbeing information sharing entity inserted by No. 26/2023 s. 16(b).

child wellbeing information sharing entity means an information sharing entity within the meaning of section 3(1) of the Child Wellbeing and Safety Act 2005;

conviction has the meaning given by section 5;

conviction period has the meaning given by section 9;

S. 3 def. of Council of Law Reporting inserted by No. 26/2023 s. 16(b).

Council of Law Reporting means the Council of Law Reporting in Victoria incorporated by the Council of Law Reporting in Victoria Act 1967;

S. 3 def. of court secure treatment order inserted by No. 26/2023 s. 16(b).

court secure treatment order has the same meaning as in section 3(1) of the Sentencing Act 1991;

S. 3 def. of Court Services Victoria inserted by No. 32/2024 s. 841(1).

Court Services Victoria has the same meaning as in section 3 of the Court Services Victoria Act 2014;

criminal record, in relation to a person, means a document produced by a law enforcement agency that sets out all convictions of the person;

S. 3 def. of custodial term inserted by No. 26/2023 s. 16(b).

custodial term has the meaning given by section 5A;

S. 3 def. of de‑identified inserted by No. 26/2023 s. 16(b).

de-identified has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;

S. 3 def. of Department inserted by No. 26/2023 s. 16(b).

Department has the same meaning as in section 4(1) of the Public Administration Act 2004;

S. 3 def. of detention repealed by No. 26/2023 s. 16(a).

S. 3 def. of drug and alcohol treatment order inserted by No. 26/2023 s. 16(b).

drug and alcohol treatment order has the same meaning as in section 3(1) of the Sentencing Act 1991;

S. 3 def. of family violence information sharing entity inserted by No. 26/2023 s. 16(b).

family violence information sharing entity means an information sharing entity within the meaning of section 4 of the Family Violence Protection Act 2008;

foreign law means a law of a country other than Australia;

infringement conviction means an infringement notice that has taken effect as a conviction of the offence specified in the notice;

interstate law means a law of another State or a Territory or the Commonwealth;

S. 3 def. of intimate image offence inserted by No. 38/2022 s. 39(a).

intimate image offence has the same meaning as in the Criminal Procedure Act 2009;

S. 3 def. of law enforcement agency amended by No. 31/2024 s. 113(Sch. 1 item 34), substituted by No. 32/2024 s. 841(2).

law enforcement agency means any of the following—

(a) a Victorian law enforcement agency;

(b) the Australian Federal Police;

(d) the Australian Criminal Intelligence Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth;

(e) a commission established under an interstate law with the function of investigating matters relating to criminal activity generally or of a specified class or classes;

(f) a Commonwealth or interstate agency responsible for the performance of functions or activities directed to any law enforcement function;

(g) a Commonwealth or interstate agency responsible for the execution or implementation of an order or decision made by a court or tribunal;

(h) a Commonwealth or interstate agency that provides correctional services;

(i) a Commonwealth or interstate agency responsible for the protection of the public revenue under a law administered by the agency;

(j) a prescribed person or body;

law enforcement function means—

(a) the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or

(b) the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such laws, or of orders made under such laws; or

S. 3 def. of member of the staff inserted by No. 32/2024 s. 841(1).

member of the staff, of Court Services Victoria, has the same meaning as in section 3 of the Court Services Victoria Act 2014;

S. 3 def. of publish inserted by No. 26/2023 s. 16(b).

publish means disseminate or provide access to the public or a section of the public by any means, including by—

(a) publication in a book, newspaper, magazine or other written publication; or

(b) broadcast by radio or television; or

(d) broadcast or electronic communication;

S. 3 def. of residential treatment order inserted by No. 26/2023 s. 16(b).

residential treatment order has the same meaning as in section 3(1) of the Sentencing Act 1991;

S. 3 def. of restricted information sharing entity inserted by No. 26/2023 s. 16(b).

restricted information sharing entity has the same meaning as in section 3(1) of the Child Wellbeing and Safety Act 2005;

S. 3 def. of Sentencing Advisory Council inserted by No. 26/2023 s. 16(b).

Sentencing Advisory Council means the Sentencing Advisory Council established under Part 9A of the Sentencing Act 1991;

S. 3 def. of serious conviction amended by No. 26/2023 s. 16(c).

serious conviction means—

(a) a conviction for which the sentence imposed includes a custodial term of more than 30 months; or

(b) a conviction of a person for a sexual offence; or

S. 3 def. of sexual offence amended by No. 38/2022 s. 39(b).

sexual offence has the meaning given by section 4 of the Criminal Procedure Act 2009 but does not include an intimate image offence;

serious violence offence has the same meaning as in the Serious Offenders Act 2018;

S. 3 def. of Social Services Regulator inserted by No. 58/2025 s. 69.

Social Services Regulator means the Social Services Regulator established under section 4 of the Social Services Regulation Act 2021;

S. 3 def. of spent childhood conviction inserted by No. 32/2024 s. 841(1).

spent childhood conviction means a conviction imposed on a person at 10 or 11 years of age and spent with immediate effect because of the application of section 7(1)(c);

spent conviction means—

(a) a conviction that has become spent due to the operation of Part 2; or

(b) a conviction under an interstate law that is spent by operation of a law of the State or Territory or the Commonwealth under the law of which the conviction is imposed;

spent conviction order means an order under section 19(1);

S. 3 def. of Statistician inserted by No. 26/2023 s. 16(b).

Statistician has the same meaning as in section 3 of the Australian Bureau of Statistics Act 1975 of the Commonwealth;

Victoria Police has the same meaning as in the Victoria Police Act 2013;

S. 3 def. of Victorian court inserted by No. 32/2024 s. 841(1).

Victorian court means any of the following—

(a) the Supreme Court;

(b) the County Court;

(d) the Children's Court;

(e) the Coroners Court;

S. 3 def. of Victorian law enforcement agency inserted by No. 32/2024 s. 841(1).

Victorian law enforcement agency means any of the following—

(a) Victoria Police;

(b) the Adult Parole Board established under section 61 of the Corrections Act 1986;

(d) the Commissioner employed under section 8A of the Corrections Act 1986;

(e) a contractor within the meaning of the Corrections Act 1986, or a subcontractor of that contractor, but only in relation to a function or duty or the exercise of a power conferred by or under that Act;

(f) the Director, Fines Victoria employed in accordance with section 4 of the Fines Reform Act 2014;

(g) the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad-based Anti‑corruption Commission Act 2011;

(h) the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018;

(i) the Secretary to the Department of Justice and Community Safety;

(j) the Secretary to the Department of Transport and Planning;

(k) the sheriff within the meaning of the Sheriff Act 2009;

(l) the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011;

(m) the Youth Parole Board within the meaning of the Children, Youth and Families Act 2005;

(n) a Victorian agency responsible for the performance of functions or activities directed to any law enforcement function;

(o) a Victorian agency responsible for the execution or implementation of an order or decision made by a Victorian court or Victorian tribunal;

(p) a Victorian agency that provides correctional services;

(q) a Victorian agency responsible for the protection of the public revenue under a law administered by the agency;

(r) a prescribed person or body;

S. 3 def. of Victorian tribunal inserted by No. 32/2024 s. 841(1).

Victorian tribunal means—

(a) VCAT;

(b) the Victims of Crime Assistance Tribunal established by Part 3 of the Victims of Crime Assistance Act 1996;

young offender, in relation to a person who has been convicted of an offence and sentenced, means a person who is under the age of 21 years at the time of sentencing;

youth justice centre has the same meaning as in the Children, Youth and Families Act 2005;

youth residential centre has the same meaning as in the Children, Youth and Families Act 2005.

4 Act binds the Crown

This Act binds the Crown—

(a) in right of the State of Victoria; and

(b) to the extent that the legislative power of the Parliament permits, in all its other capacities.

5 Meaning of conviction

(1) In this Act, conviction means—

(a) a finding of guilt by a court for an offence—

(i) whether or not a conviction is recorded by the court; and

(ii) whether the offence is an indictable offence or a summary offence; or

(b) an infringement conviction for an offence.

(2) For the purposes of subsection (1)(a), a finding of guilt includes a qualified finding of guilt under section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, or a finding under a provision of an interstate law or a foreign law that corresponds to either or both of those provisions.

(3) For the purposes of subsection (1), an offence includes an offence against an interstate law or a foreign law that, if it had been committed in Victoria, would have constituted an offence against a law of Victoria.

S. 5A inserted by No. 26/2023 s. 17.

5A Meaning of *custodial* *term*

(1) For the purposes of this Act, a sentence imposed on a person for a conviction includes a custodial term if the sentence is or includes—

(a) an order that the person serve a term of—

(i) imprisonment; or

(ii) detention in a youth justice centre or a youth residential centre; or

(b) a court secure treatment order.

(2) Despite subsection (1), a sentence that is or includes an order referred to in paragraph (a) or (b) of that subsection is taken to be a sentence that does not include a custodial term if the length of the custodial term is zero days.

(3) If an aggregate sentence that includes a custodial term of a particular length is imposed on a person under section 362B of the Children, Youth and Families Act 2005 or section 9 of the Sentencing Act 1991, each conviction to which the aggregate sentence relates is taken to have a sentence that includes a custodial term of that length.

(4) For the purposes of this Act, the length of a custodial term is to be determined in accordance with section 5B.

S. 5B inserted by No. 26/2023 s. 17.

5B How length of custodial term to be determined

(1) The length of a custodial term included in a sentence imposed on a person is, subject to this section, the length of time that the person is liable under that sentence—

(a) to be imprisoned; or

(b) to be detained in a youth justice centre or a youth residential centre; or

(c) to be detained and treated at a designated mental health service (within the meaning of the Sentencing Act 1991).

(2) The length of a custodial term includes any part of the custodial term during which the person is released on parole, but does not include any time to which subsection (3) applies.

(3) Time to which this subsection applies is time—

(a) that a sentence provides—

(i) is to be served other than by the person being imprisoned or detained as described in subsection (1); or

(ii) is to elapse without that imprisonment or detention occurring; and

(b) that is served, or that elapses, in that way.

(4) Without limiting subsection (3), time to which that subsection applies includes—

(a) any part of the custodial part of a drug and alcohol treatment order that elapsed without being activated under Subdivision 1C of Division 2 of Part 3 of the Sentencing Act 1991; and

(b) any part of a term of imprisonment that the person served by way of home detention in accordance with section 18ZT of the Sentencing Act 1991 (as in force before its repeal on 1 January 2011); and

(c) any part of a term of imprisonment that the person served by way of an intensive correction order made under section 19 of the Sentencing Act 1991 (as in force before its repeal); and

(d) any part of a term of imprisonment that the person served by way of a residential treatment order; and

(e) any part of a term of imprisonment or detention that was suspended and that elapsed without being served in prison or detention.

(5) The following matters do not reduce the length of a custodial term—

(a) the fact that any period of custody is reckoned to be a period of imprisonment or detention already served;

(b) the fact that the custodial term is served concurrently with another term of imprisonment or detention imposed for another conviction;

(c) in the case of a court secure treatment order, the fact that any part of the duration of the order has effect as a sentence of imprisonment under section 94C(4) of the Sentencing Act 1991.

6 Application of Act to past convictions

This Act applies to a conviction imposed before, on or after the day on which this Act comes into operation.

Part 2—Convictions spent by operation of this Act

Division 1—Convictions spent automatically by operation of this Act

7 Convictions spent with immediate effect

(1) Subject to subsection (2), a conviction for an offence against a law of Victoria or a foreign law by a natural person becomes spent on the day on which the person is convicted if—

(a) the conviction is not recorded by a court; or

(b) the conviction is a qualified finding of guilt under section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or a finding under a provision of a foreign law that corresponds to either or both of those provisions; or

(c) the conviction (including a serious conviction) is for an offence committed when the person was under the age of 15 years; or

(d) the only penalty imposed on conviction is a fine imposed by the Children's Court or a court of a country other than Australia that corresponds to the Children's Court; or

(e) the conviction is an infringement conviction or a conviction under a foreign law that corresponds to an infringement conviction.

(2) If a court imposes a penalty with a condition attached for the conviction, the person's conviction does not become spent under this section until the person completes all conditions attached to the penalty.

(3) For the purposes of subsection (1)(c), a serious conviction includes a conviction under a foreign law that, if it had been imposed in Victoria, would have constituted a serious conviction.

(4) In this section—

fine means the sum of money payable by a person under an order of a court made on the person being convicted of an offence and includes any penalties, forfeitures, sums of money and costs ordered to be paid by the person fined.

8 Convictions spent on expiry of conviction period

A conviction for an offence against a law of Victoria or a foreign law by a natural person becomes spent on the day on which the conviction period for the conviction expires unless—

(a) the conviction is a serious conviction; or

(b) section 7 applies to the conviction.

9 Conviction period

(1) A conviction period is a period of—

S. 9(1)(a) substituted by No. 26/2023 s. 18.

(a) for a conviction of a child or young offender—5 years; or

(b) for a conviction of any other person—10 years.

(2) For the purposes of this section, the conviction period for a conviction for an offence against a foreign law is taken to be the conviction period specified in subsection (1) for a conviction for the offence under the law of Victoria that corresponds (or most closely corresponds) to that conviction.

10 Commencement and recommencement of conviction period

(1) Subject to subsection (2), the conviction period for a conviction commences on the day a court makes the finding of guilt that constitutes the conviction.

(2) If, after a conviction period commences for a conviction of a person (the first conviction) a subsequent conviction of the person is made (the subsequent conviction), the conviction period for the first conviction is taken to run from the day that the subsequent conviction is made.

(3) Subsection (2) does not apply if the subsequent conviction is a conviction—

(a) for which the only penalty imposed is a fine not exceeding 10 penalty units or, if the fine is imposed outside of Victoria, an amount equivalent to the value of 10 penalty units; or

(b) for which the only penalty imposed is an order to pay an amount as restitution or compensation; or

(d) for which no conviction is recorded by a court.

(4) In this section—

fine means the sum of money payable by a person under an order of a court made on the person being convicted of an offence and includes costs, but does not include—

(a) money payable by way of restitution or compensation; or

(b) any costs of or incidental to an application for restitution or compensation payable by an offender under an order of a court; or

(d) costs incurred by third parties; or

(e) money payable by a person under an order of a court to an organisation that provides a charitable or community service or to the court for payment to such an organisation.

Division 2—Convictions spent on application

11 Application for spent conviction order

(1) A person may apply to the Magistrates' Court for a spent conviction order in relation to a serious conviction of the person for an offence against a law of Victoria if—

S. 11(1)(a) substituted by No. 26/2023 s. 19.

(a) the person was a child or a young offender; or

S. 11(1)(b) substituted by No. 26/2023 s. 19.

(b) the serious conviction was for a serious violence offence or a sexual offence and the sentence imposed for the offence did not include a custodial term; or

S. 11(1)(c) inserted by No. 26/2023 s. 19.

(c) the serious conviction was for any other offence for which the sentence imposed included a custodial term of not more than 5 years.

(2) A person must not apply for a spent conviction order under subsection (1) in relation to a conviction before the day on which the conviction period for that conviction expires.

(3) A person may apply for a spent conviction order under subsection (1) in relation to more than one conviction imposed on the person.

(4) A person must not apply for a spent conviction order under subsection (1) in relation to a conviction if—

(a) the Magistrates' Court has refused an application under this Division (other than a refusal under section 18(c)) in relation to that conviction within the previous 2 years; and

(b) the person fails to produce new information in support of the application.

(5) If a person is unable to apply for a spent conviction order under subsection (1) because of a disability within the meaning of the Equal Opportunity Act 2010, the person's guardian within the meaning of the Guardianship and Administration Act 2019 may apply under subsection (1) on behalf of the person in relation to a serious conviction of the person.

12 Form and content of application

(1) An application under section 11 must be made in writing and set out—

(a) the full name of the applicant; and

(b) the conviction in relation to which the spent conviction order is sought; and

(d) any prescribed information.

(2) The Magistrates' Court may issue a written notice requiring an applicant to provide further information in support of the application that the Court thinks fit.

(3) An application under section 11 must be accompanied by any prescribed fee.

13 Service of application

As soon as practicable after a person makes an application under section 11, the person must serve a copy of the application on—

(a) the Attorney-General; and

(b) the Chief Commissioner of Police.

14 Submissions

(1) On being served a copy of an application made under section 11, the Attorney-General and the Chief Commissioner of Police may make any submission to the Magistrates' Court in respect of the conviction in relation to which the spent conviction order is sought.

(2) Before the expiry of a period of 28 days after being served a copy of the application, the Attorney-General and the Chief Commissioner of Police must give written notice to the Magistrates' Court stating whether or not the Attorney-General or the Chief Commissioner of Police (as the case requires) intends to make a submission.

15 Spent conviction order determined without hearing

(1) The Magistrates' Court may determine an application under section 11 without holding a hearing unless a written notice of intention to make a submission is given under section 14(2).

(2) The Magistrates' Court must not make a determination under subsection (1) before the expiry of a period of 28 days after the application is served in accordance with section 13.

16 Spent conviction order determined with hearing

(1) The Magistrates' Court may hold a hearing to determine an application under section 11.

(2) A hearing must be closed to the public unless the Court considers that the circumstances of the case justify the hearing being open to the public.

(3) If the Court holds a hearing the Court must give written notice of the time, date and place of the hearing to the following persons—

(a) the applicant;

(b) the Attorney-General;

(4) If a hearing is closed to the public, the Court must provide directions on which persons may be present at the hearing in addition to the persons specified in subsection (3).

17 Principles for hearings

In a hearing conducted under section 16, the Magistrates' Court—

(a) is not bound by the rules of evidence and may inform itself in any way the Court thinks fit; and

(b) must act with regard to the substance of the application under section 11 and without regard to technicalities or legal forms that are not set out under this Act.

18 Refusal to accept application

The Magistrates' Court may refuse to accept an application under section 11 if the Court is satisfied that the application—

(a) is vexatious; or

(b) is misconceived; or

19 Magistrates' Court may make spent conviction order

(1) On an application under section 11, the Magistrates' Court may order a conviction of a person in relation to which the application is made to become spent.

(2) In determining whether to make an order under subsection (1), the Court must consider—

(a) the nature, circumstances and seriousness of the offence to which the application relates; and

(b) the impact on any victim of the offence to which the application relates; and

(d) in relation to an applicant who is an Aboriginal or Torres Strait Islander person, unique factors of background affecting Aboriginal or Torres Strait Islander persons including but not limited to—

(i) factors relating to incarceration of Aboriginal and Torres Strait Islander persons; and

(ii) factors relating to impacts on Aboriginal and Torres Strait Islander persons of disclosure of a criminal record; and

(e) the age and maturity of the applicant when the offence was committed; and

(f) any demonstrated rehabilitation of the applicant; and

(g) any risk to public safety of making a spent conviction order for the conviction; and

(h) any other matter that the Court considers relevant.

(3) If the Magistrates' Court makes or refuses to make an order under subsection (1), the Court must send, as soon as practicable, a copy of the order or refusal to—

(a) the applicant; and

(b) the Chief Commissioner of Police.

Part 3—Spent convictions

Division 1—Effect of conviction becoming spent

20 Effect of conviction becoming spent

(1) Subject to this Part—

(a) a spent conviction does not form part of a person's criminal record; and

(b) a person is not required to disclose to another person—

(i) the existence of a spent conviction; or

(ii) information in relation to a spent conviction; and

(i) the existence of a spent conviction; or

(ii) information in relation to a spent conviction.

(2) A spent conviction is not revived by any subsequent conviction of the person.

(3) This section applies despite anything to the contrary in Subdivision (1) of Division 7 of Part II of the Constitution Act 1975.

(4) Without limiting subsection (3), a reference to a conviction or finding of guilt in section 44(3) of the Constitution Act 1975 does not include a spent conviction.

Division 2—Disclosable spent convictions

21 Use of criminal record information by law enforcement agencies, courts and tribunals

(1) A law enforcement agency or a court or tribunal may disclose a spent conviction as part of the disclosure of the criminal record of a person, or information contained in the criminal record of a person—

(a) to another law enforcement agency, court or tribunal—

(i) for the purposes of performing a function or exercising a power under any Act; or

(ii) for the purposes of enabling the other law enforcement agency, court or tribunal to perform a function or exercise a power under any Act; or

S. 21(1)(b) amended by No. 26/2023 s. 20(1)(a).

(b) for the purposes of performing a law enforcement function; or

S. 21(1)(c) inserted by No. 26/2023 s. 20(1)(b).

(c) to any person or body, including the following, for the purpose of that person or body conducting research, statistical analysis or modelling—

(i) the Australian Bureau of Statistics;

(ii) the Chief Statistician;

(iii) the Statistician;

(iv) the Sentencing Advisory Council;

S. 21(1)(c)(v) amended by No. 32/2024 s. 842.

(v) the Secretary of a Department.

(2) On the request of the person to whom a criminal record relates, a law enforcement agency or a court or tribunal may disclose a spent conviction or information contained in the criminal record to that person.

(3) A court or tribunal may collect or use, or disclose to any person as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction—

S. 21(3)(a) amended by No. 26/2023 s. 20(2).

(a) in the course of a legal proceeding before a court or tribunal; and

(b) in the course of publication or dissemination of decisions of the court or tribunal.

S. 21(3A) inserted by No. 26/2023 s. 20(3).

(3A) A court or tribunal may collect or use, or disclose as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction—

(a) to the Council of Law Reporting or a licensee of the Council for the purpose of preparing or publishing—

(i) a decision of a court or tribunal; or

(ii) a report of a proceeding in a court or tribunal; or

(b) to a person or body given access to a record kept by or on behalf of a court or tribunal—

(i) by or under any other enactment; or

(ii) at the discretion of a court in the exercise of its implied jurisdiction and, in the case of the Supreme Court, its inherent jurisdiction.

(4) The Commissioner employed under section 8A of the Corrections Act 1986 may collect or use, or disclose to any person as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction if the collection, use or disclosure is in accordance with, or for the purposes of performing a function or exercising a power under, Corrections legislation or Corrections‑related legislation within the meaning of section 104ZX of the Corrections Act 1986.

S. 21(5) substituted by No. 26/2023 s. 20(4).

(5) Subsections (1) and (2) apply to the disclosure of a spent conviction or information relating to a spent conviction by a person who is—

(a) employed or contracted by a law enforcement agency or a member of a law enforcement agency; and

(b) acting in the course of the person's duty.

S. 21(6) inserted by No. 26/2023 s. 20(4).

(6) Subsections (1), (2), (3) and (3A) apply to the collection, use or disclosure of a spent conviction or information relating to a spent conviction by a person who is—

(a) employed or contracted by a court or tribunal; and

(b) acting in the course of the person's duty.

22 Use of criminal record information by specified persons and bodies

(1) A law enforcement agency may disclose a spent conviction as part of the disclosure of the criminal record of a person, or information contained in the criminal record of a person, to a person or body specified in column 1 of the Table at the foot of this section if—

(a) that person or body is obtaining the criminal record, or information contained in the criminal record, in performance of a function specified in respect of that person or body in column 2 of the Table; and

(b) that function is performed under a law specified in respect of that function in column 3 of the Table.

S. 22(2) amended by No. 26/2023 s. 21(1).

(2) A law enforcement agency or a court or tribunal may disclose a spent conviction as part of the disclosure of the criminal record of a person, or information contained in the criminal record of a person, to a prescribed person or body if the prescribed person or body is performing a prescribed function under a prescribed law.

(3) A person or body specified in column 1 of the Table at the foot of this section or a prescribed person or body may disclose information that relates to a spent conviction—

(a) to a court or tribunal in the course of legal proceedings; or

(b) pursuant to an order of a court or tribunal; or

(c) to the extent reasonably required to enable the investigation or the enforcement of a law of Victoria or an interstate law; or

(d) to a person or body established under an interstate law with functions or powers that correspond with the functions or powers of the Chief Commissioner of Police under this Act; or

S. 22(3)(e) amended by No. 26/2023 s. 21(2)(a).

(e) to an Australian legal practitioner for the purpose of obtaining legal advice or representation; or

S. 22(3)(f) inserted by No. 26/2023 s. 21(2)(b).

(f) to a prescribed person or body for a prescribed purpose.

(4) Subsections (1), (2) and (3) apply to a disclosure of a spent conviction by a person acting in the course of the person's duty who is—

S. 22(4)(a) substituted by No. 26/2023 s. 21(3).

(a) employed or contracted by—

(i) a law enforcement agency; or

(ii) a court or tribunal; or

(iii) a person or body specified in column 1 of the Table at the foot of this section; or

(iv) a prescribed person or body.

(b) a member of a law enforcement agency.

S. 22 (Table 1) amended by Nos 22/2022 s. 88, 26/2022 s. 59, substituted by No. 26/2023 s. 21(4), amended by Nos 34/2023 s. 127(Sch. 1 item 14), 51/2024 s. 72, 58/2025 s. 70.

Table 1—Specified disclosures

Column 1	Column 2	Column 3
A public body of another State or a Territory that corresponds to the Social Services Regulator	WWC check	An interstate law that corresponds (or most closely corresponds) to the Worker Screening Act 2020
A public body of another State or a Territory that corresponds to the Social Services Regulator	NDIS check	An interstate law that corresponds (or most closely corresponds) to the Worker Screening Act 2020
Australian Health Practitioner Regulation Agency	Registration and accreditation of health professionals	Health Practitioner Regulation National Law
Business Licensing Authority	Licensing	Sex Work Act 1994
Safe Transport Victoria	Bus driver accreditation	Transport (Compliance and Miscellaneous) Act 1983
Safe Transport Victoria	Driver accreditation	Commercial Passenger Vehicle Industry Act 2017
Social Services Regulator	Administering, overseeing and monitoring the reportable conduct scheme	Child Wellbeing and Safety Act 2005
Commissioner employed under section 8A of the Corrections Act 1986	Employment or contracting of a person	Public Administration Act 2004
Commissioner employed under section 8A of the Corrections Act 1986	Employment or contracting of a person	Corrections Act 1986
Community services within the meaning of the Children, Youth and Families Act 2005	Assessment of a person to provide care to a child	Children, Youth and Families Act 2005
Court Services Victoria	Employment of staff	Court Services Victoria Act 2014
Court Services Victoria	Employment of staff	Public Administration Act 2004
Safe Transport Victoria within the meaning of section 3 of the Transport Integration Act 2010	Bus operator accreditation	Bus Safety Act 2009


Safe Transport Victoria within the meaning of section 3 of the Transport Integration Act 2010	Issuing permissions	Marine Safety Act 2010
Disability Worker Registration Board of Victoria	Registration and regulation of registered disability workers and disability students	Disability Service Safeguards Act 2018
Head, Transport for Victoria	Driving instructor authority	Road Safety Act 1986
Independent Broad-based Anti-corruption Commission	Employment of staff and engagement of consultants	Independent Broad‑based Anti‑corruption Commission Act 2011
Office of the Victorian Information Commissioner	Employment of staff	Freedom of Information Act 1982
Office of the Victorian Information Commissioner	Employment of staff	Public Administration Act 2004
Professional Boxing and Combat Sports Board	Licensing	Professional Boxing and Combat Sports Act 1985
Registrar of Marriage Celebrants	Registration of marriage celebrants	Marriage Act 1961 of the Commonwealth
Registrar of Ministers of Religion	Registration of marriage celebrants	Marriage Act 1961 of the Commonwealth
Regulator within the meaning of the Tobacco Act 1987	Licensing	Tobacco Act 1987
Secretary to the Department of Education	Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity	Child Wellbeing and Safety Act 2005
Secretary to the Department of Education	Information sharing as a family violence information sharing entity	Family Violence Protection Act 2008
Secretary to the Department of Families, Fairness and Housing	Assessment of a person to provide care to a child	Children, Youth and Families Act 2005
Secretary to the Department of Families, Fairness and Housing	Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity	Child Wellbeing and Safety Act 2005
Secretary to the Department of Families, Fairness and Housing	Information sharing as a family violence information sharing entity	Family Violence Protection Act 2008
Secretary to the Department of Families, Fairness and Housing	Assessment of a person's suitability for admission to a residential treatment facility and preparation of a plan of available services	Sentencing Act 1991
Secretary to the Department of Families, Fairness and Housing	Reporting to a court on the efficacy of a supervision order and treatment	Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
Social Services Regulator	WWC check	Worker Screening Act 2020
Social Services Regulator	NDIS check	Worker Screening Act 2020
Secretary to the Department of Home Affairs of the Commonwealth	Immigration	Migration Act 1958 of the Commonwealth


Secretary to the Department of Jobs, Skills, Industry and Regions	Licensing for low-THC cannabis authorities	Drugs, Poisons and Controlled Substances Act 1981
Secretary to the Department of Jobs, Skills, Industry and Regions	Licensing for poppy cultivation licences and poppy processing licenses	Drugs, Poisons and Controlled Substances Act 1981
Secretary to the Department of Justice and Community Safety	Appointment of honorary justices	Honorary Justices Act 2014
Secretary to the Department of Justice and Community Safety	Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity	Child Wellbeing and Safety Act 2005
Secretary to the Department of Justice and Community Safety	Information sharing as a family violence information sharing entity	Family Violence Protection Act 2008
Secretary within the meaning of the Narcotic Drugs Act 1967 of the Commonwealth	Licensing	Narcotic Drugs Act 1967 of the Commonwealth
Victoria Police	Employment or contracting of a person	Public Administration Act 2004
Victoria Police	Employment or contracting of a person	Victoria Police Act 2013
Victoria Police	Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity	Child Wellbeing and Safety Act 2005
Victoria Police	Information sharing as a family violence information sharing entity	Family Violence Protection Act 2008
Victoria Police	Licensing	Firearms Act 1996
Victoria Police	Licensing	Private Security Act 2004
Victorian Gambling and Casino Control Commission	Issuing licences	Gambling Regulation Act 2003
Victorian Gambling and Casino Control Commission	Granting licences	Casino Control Act 1991
Victorian Disability Worker Commission	Regulation of registered disability workers and disability students	Disability Service Safeguards Act 2018
Victorian Disability Worker Commission	Regulation of unregistered disability workers	Disability Service Safeguards Act 2018
Victorian Institute of Teaching	Regulating members of the teaching profession	Education and Training Reform Act 2006
Victorian Legal Admissions Board	Admission to the Australian legal profession in Victoria	Legal Profession Uniform Law Application Act 2014

S. 22A inserted by No. 26/2023 s. 22.

22A Collection, use and disclosure of criminal record information by Court Services Victoria

(1) Court Services Victoria may collect or use, or disclose to any person as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction if the collection, use or disclosure of the information—

(a) is for the purpose of supporting a court or tribunal in the performance of a function; and

(b) would be permitted under this Act if that function were performed by that court or tribunal.

(2) Subsection (1) applies to the collection, use or disclosure of a spent conviction or information relating to a spent conviction by a person who is—

S. 22A(2)(a) substituted by No. 32/2024 s. 843.

(a) a member of the staff or a contractor of Court Services Victoria; and

(b) acting in the course of the person's duty.

S. 22B inserted by No. 26/2023 s. 22.

22B Disclosure of criminal record information for purposes under the Family Violence Protection Act 2008

A family violence information sharing entity may disclose, as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction to any of the following for the purposes of Part 5A or 5B of the Family Violence Protection Act 2008—

(a) another family violence information sharing entity;

(b) the Central Information Point;

(d) if the family violence information sharing entity is authorised to disclose the information to a person under section 144M of the Family Violence Protection Act 2008, that person.

S. 22C inserted by No. 26/2023 s. 22.

22C Disclosure of criminal record information for purposes under the Child Wellbeing and Safety Act 2005

A child wellbeing information sharing entity or a restricted information sharing entity may disclose, as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction to any of the following—

(a) a child wellbeing information sharing entity or a restricted information sharing entity for the purposes of Part 6A of the Child Wellbeing and Safety Act 2005;

(b) a Child Link user or the Secretary to the Department of Education for the purposes of Part 7A of the Child Wellbeing and Safety Act 2005;

(c) if the child wellbeing information sharing entity or restricted information sharing entity is authorised to disclose the information to a person under section 41Y(1) of the Child Wellbeing and Safety Act 2005, that person.

S. 22D inserted by No. 26/2023 s. 22.

22D Disclosure of criminal record information by researchers and analysts

(1) Subject to subsection (2), a person or body who collects information about a spent conviction for the purpose of conducting research, statistical analysis or modelling may disclose that information to another person or body for the purposes of that other person or body conducting research, statistical analysis or modelling.

S. 22D(2) amended by No. 31/2024 s. 8(1).

(2) Subject to subsection (3), a person or body must not disclose information under subsection (1) unless the person or body has the written consent of—

(a) the law enforcement agency, court or tribunal that disclosed the information to the person or body; or

(b) Court Services Victoria, if the information was disclosed to the person or body by a court or tribunal or Court Services Victoria.

S. 22D(3) inserted by No. 31/2024 s. 8(2).

(3) Subsection (2) does not apply to a disclosure by a person specified in subsection (4) to another person specified in that subsection.

S. 22D(4) inserted by No. 31/2024 s. 8(2).

(4) The specified persons are—

(a) the Chief Statistician; and

(b) each person who is employed or engaged as described in section 6 of the Crime Statistics Act 2014.

S. 22E inserted by No. 26/2023 s. 22.

22E Disclosure of criminal record information for reports on judicial decisions and proceedings

(1) Subject to subsection (2), the Council of Law Reporting or a licensee of the Council of Law Reporting may disclose a spent conviction or information relating to a spent conviction, including by publishing that information, for the purpose of preparing or disseminating—

(a) a decision of a court or tribunal; or

(b) a report of a court or tribunal proceeding.

Example

The publication of a report in a law report series.

(2) A person or body must not disclose information under subsection (1) unless the disclosure of the information is made in the ordinary course of business of the Council of Law Reporting or its licensee.

Part 4—Offences

23 Unlawful disclosure of conviction information

(1) A person who has access to records of convictions must not disclose any information that the person knows, or should reasonably know, relates to a spent conviction to any person without lawful authority or written consent to the disclosure by the person whose conviction is spent.

Penalty: 40 penalty units.

(2) It is a defence to a charge for an offence against subsection (1) if the accused proves that the accused person took all reasonable steps to avoid unlawful disclosure of information relating to the spent conviction.

(3) It is not an offence against subsection (1)—

(a) for a library or archive to disclose to a member of the public or another library or archive information that is available to the public and disclosed in accordance with established procedures of that library or archive; and

(b) for a person who is an employee, contractor or volunteer of a library or archive acting in the course of the person's usual employment or duties to disclose to a member of the public or another library or archive information that is available to the public and disclosed in accordance with established procedures of that library or archive.

S. 23(4) inserted by No. 26/2023 s. 23.

(4) It is not an offence against subsection (1) for a person—

(a) to disclose information, including by publishing that information, if the information is de-identified; or

(b) to disclose information, including by publishing that information, if that information has been published in—

(i) a decision of a court or tribunal; or

(ii) a report of a court or tribunal proceeding.

24 Obtaining spent conviction information by fraud or dishonesty

A person must not obtain information relating to a spent conviction by fraud or dishonesty.

Penalty: 20 penalty units.

Pt 4A (Heading and ss 24A–24E) inserted by No. 32/2024 s. 844.

Part 4A—Spent childhood convictions

S. 24A inserted by No. 32/2024 s. 844.

24A Disclosure of spent childhood conviction

(1) Subject to subsection (4), a specified person or body who is disclosing a spent conviction or information relating to a spent conviction must, before making the disclosure, take reasonable steps to determine if the spent conviction is a spent childhood conviction.

(2) Subject to subsection (4), a specified person or body who determines that they are disclosing a spent childhood conviction or information relating to a spent childhood conviction must, at the time of the disclosure, give notice of that fact to the person or body to whom the disclosure is being made.

(3) Notice given under subsection (2) must be in the prescribed form and contain the prescribed particulars.

(4) Subsections (1) and (2) do not apply to any of the following disclosures under Part 3—

(a) disclosure to a law enforcement agency that is not a Victorian law enforcement agency;

(b) disclosure to a court or tribunal that is not a Victorian court or Victorian tribunal;

(d) disclosure to a person or body under section 22, if the disclosure is made by—

(i) a child wellbeing information sharing entity or restricted information sharing entity for a purpose under the Child Wellbeing and Safety Act 2005; or

(ii) a family violence information sharing entity for a purpose under the Family Violence Protection Act 2008;

(e) disclosure to a person or body for the purpose of performing a function or duty imposed by, or exercising a power conferred under, the Children, Youth and Families Act 2005 in relation to a child who is or may be—

(i) a child in need of protection within the meaning of section 162 of that Act; or

(ii) a child in need of therapeutic treatment within the meaning of section 244 of that Act;

(f) disclosure to any of the following—

S. 24A(4)(f)(i) substituted by No. 58/2025 s. 71(a).

(i) a public body of another State or a Territory that corresponds to the Social Services Regulator;

(ii) the Australian Health Practitioner Regulation Agency;

(iii) the Registrar of Marriage Celebrants;

(iv) the Registrar or Ministers of Religion;

(v) the Secretary to the Department of Home Affairs of the Commonwealth;

(vi) the Secretary within the meaning of the Narcotic Drugs Act 1967 of the Commonwealth;

(g) disclosure to a prescribed person or body for a prescribed purpose.

(5) To avoid doubt, this section does not apply to a disclosure by a Victorian court or a Victorian tribunal.

(6) In this section—

S. 24A(6) def. of specified person or body amended by No. 58/2025 s. 71(b).

specified person or body means any of the following—

(a) a Victorian law enforcement agency or a contractor, employee or member of a Victorian law enforcement agency;

(b) a person or body specified in column 1 of the Table at the foot of section 22, other than the following—

(i) to the extent it is administering, overseeing and monitoring the reportable conduct scheme, the Social Services Regulator;

(ii) Court Services Victoria;

(iii) a public body of another State or Territory that corresponds to the Social Services Regulator;

(iv) the Australian Health Practitioner Regulation Agency;

(v) the Registrar of Marriage Celebrants;

(vi) the Registrar or Ministers of Religion;

(vii) the Secretary to the Department of Home Affairs of the Commonwealth;

(viii) the Secretary within the meaning of the Narcotic Drugs Act 1967 of the Commonwealth;

S. 24B inserted by No. 32/2024 s. 844.

24B Restriction on use of spent childhood conviction for law enforcement function

(1) Subject to subsection (2), a Victorian law enforcement agency, or any contractor, employee or member of a Victorian law enforcement agency, must not use a person's spent childhood conviction or information relating to a spent childhood conviction for the purpose of performing a law enforcement function in relation to the person.

(2) Subsection (1) does not apply to the use of a spent childhood conviction or related information by any of the following—

(a) a person or body performing a function or duty imposed by, or exercising a power conferred under, the Children, Youth and Families Act 2005 in relation to the protection or therapeutic treatment of a child, including any of the following—

(i) making an application under Chapter 4 of that Act;

(ii) preparing a report under Chapter 4 or Part 7.8 of that Act;

(b) a person or body performing a function or duty imposed by, or exercising a power conferred under, the Child Wellbeing and Safety Act 2005;

(c) a person or body performing a function or duty imposed by, or exercising a power conferred under, the Family Violence Protection Act 2008;

(d) any of the following persons in the performance or exercise of an administrative function or power of a Victorian court or Victorian tribunal—

(i) an employee or member of the staff of the Victorian court or a Victorian tribunal;

(ii) a member of the staff or a contractor of Court Services Victoria;

(e) a prescribed person or body using the information for a prescribed purpose.

S. 24C inserted by No. 32/2024 s. 844.

24C Restriction on use of spent childhood conviction in civil or criminal proceeding

(1) Subject to subsection (2), in a civil or criminal proceeding, a Victorian court or a Victorian tribunal must not use a party's spent childhood conviction, or information about the conduct to which a party's spent childhood conviction relates, for the purposes of assessing the party's character in a way that is adverse to the party.

(2) Subsection (1) does not apply to the use of a spent childhood conviction or related information for any of the following purposes—

(a) performing a function or duty imposed by, or exercising a power conferred under, the Children, Youth and Families Act 2005 in relation to the protection or therapeutic treatment of a child, including any of the following—

(i) conducting a proceeding under Chapter 4 of that Act;

(ii) making an order under Chapter 4 of that Act;

(iii) referring a matter for investigation under Division 2 of Part 5.2 of that Act;

(b) performing a function or duty imposed by, or exercising a power conferred under, the Family Violence Protection Act 2008;

(c) performing a function or duty imposed by, or exercising a power conferred under, the Child Wellbeing and Safety Act 2005;

(d) a prescribed purpose.

S. 24D inserted by No. 32/2024 s. 844.

24D Restriction on use of spent childhood conviction for other purposes

(1) Subject to subsection (3), a person or body must not use a spent childhood conviction or information relating to a spent childhood conviction for any of the following purposes—

(a) to refuse, revoke, suspend or terminate the accreditation, clearance, employment, licence or registration of the person who is the subject of the spent childhood conviction;

(b) to refuse, revoke, suspend or terminate any appointment, privilege or status of the person who is the subject of the spent childhood conviction.

(2) In the application to a person of an Act, subordinate instrument or agreement for the purposes of exercising a power described in subsection (1)(a) or (b)—

(a) a reference to a conviction, however expressed, is to be taken not to refer to a spent childhood conviction; and

(b) a reference to a person's character or fitness, however expressed, is not to be taken as allowing or requiring account to be taken of a spent childhood conviction.

(3) Subsection (1) does not apply to the use of a spent childhood conviction or related information by—

(a) any of the following persons or bodies in performing a function or duty imposed by, or exercising a power conferred under, the Child Wellbeing and Safety Act 2005—

(i) a child wellbeing information sharing entity;

(ii) a restricted information sharing entity;

(iii) a Child Link user;

(b) a person who is disclosed information under section 41Y of the Child Wellbeing and Safety Act 2005, if the use of the spent childhood conviction or related information is for the purposes of managing a risk to a child's safety;

(c) any of the following persons or bodies in performing a function or duty imposed by, or exercising a power conferred under, the Family Violence Protection Act 2008—

(i) a family violence information sharing entity;

(ii) the Central Information Point;

(iii) an authorised Hub entity;

(d) a person who is disclosed information under section 144M of the Family Violence Protection Act 2008, if the use of the spent childhood conviction or related information is for a family violence protection purpose within the meaning of that Act;

(e) any of the following persons in the performance or exercise of an administrative function or power of a Victorian court or Victorian tribunal—

(i) an employee or member of the staff of the Victorian court or a Victorian tribunal;

(ii) a member of the staff or a contractor of Court Services Victoria;

S. 24D(3)(f) substituted by No. 58/2025 s. 72.

(f) for the purposes of administering, overseeing and monitoring the reportable conduct scheme, the Social Services Regulator;

(g) a law enforcement agency that is not a Victorian law enforcement agency or an employee, contractor or member of a law enforcement agency that is not a Victorian law enforcement agency;

(h) a court or tribunal that is not a Victorian court or a Victorian tribunal;

(i) a public body of another State or a Territory or the Commonwealth;

(j) a prescribed person or body for a prescribed purpose.

S. 24E inserted by No. 32/2024 s. 844.

24E Offence to contravene spent childhood conviction safeguards

(1) A person must not use a spent childhood conviction or information relating to a spent childhood conviction in a particular manner if—

(a) the use of the spent childhood conviction or related information in that manner contravenes section 24B or 24D; and

(b) the person knows that the use of the spent childhood conviction or related information in that manner contravenes section 24B or 24D.

Penalty: 60 penalty units.

(2) Subsection (1) does not apply to any of the following—

(a) a Victorian court in any proceeding;

Note

This includes a committal proceeding.

(b) a Victorian tribunal in any proceeding;

Part 5—General

25 Review of operation of Act

(1) The Minister must review the operation of this Act after the first anniversary of the commencement of this Act.

(2) The Minister must cause a copy of the report of the review to be laid before each House of the Parliament within 6 months after the first anniversary of the commencement of this Act.

26 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) the form and content of applications for a spent conviction order, including but not limited to different form and content of applications for different classes of persons or different classes of convictions; and

(b) notices and submissions related to applications for a spent conviction order; and

(d) fees related to spent conviction orders; and

(e) persons or bodies to whom spent convictions or information contained in criminal records may be disclosed under Part 3 and the functions for the purposes of which and laws under which that disclosure may be made; and

S. 26(1)(ea) inserted by No. 26/2023 s. 24.

(ea) persons or bodies who may disclose a spent conviction or information that relates to a spent conviction under Part 3; and

S. 26(1)(eb) inserted by No. 26/2023 s. 24.

(eb) persons or bodies to whom spent convictions or information contained in criminal records may be disclosed under Part 3 and the purpose for which that disclosure may be made; and

S. 26(1)(ec) inserted by No. 32/2024 s. 845.

(ec) a person or body as a law enforcement agency; and

S. 26(1)(ed) inserted by No. 32/2024 s. 845.

(ed) a person or body as a Victorian law enforcement agency; and

S. 26(1)(ee) inserted by No. 32/2024 s. 845.

(ee) the form and content of a notice of disclosure of a spent childhood conviction; and

S. 26(1)(ef) inserted by No. 32/2024 s. 845.

(ef) persons and bodies who are excepted from restrictions on the use of a spent childhood conviction or information relating to a spent childhood conviction; and

S. 26(1)(eg) inserted by No. 32/2024 s. 845.

(eg) the purpose for which a prescribed person or prescribed body is excepted from a restriction on the use of a spent childhood conviction or information relating to a spent childhood conviction; and

(f) any matter or thing required or permitted by this Act to be prescribed to give effect to this Act.

(2) The regulations—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstance; and

(c) may confer a discretionary authority, or impose a duty, on a specified person or body or class of person or body; and

(d) may provide for the exemption of persons or a class of persons from any fees or any other matter provided for in the regulations; and

(e) may provide for the reduction or waiver, in whole or in part, of fees imposed by the regulations.

Pt 6 (Heading and ss 27–29) repealed by No. 13/2021 s. 29, new Pt 6 (Heading and new s. 27) inserted by No. 26/2023 s. 25.

Part 6—Transitional provisions

New s. 27 inserted by No. 26/2023 s. 25.

27 Justice Legislation Amendment Act 2023

(1) This Act, as amended by Part 4 of the Justice Legislation Amendment Act 2023, applies to an application for a spent conviction order made under section 11 but not yet determined under section 19 on the date of commencement of that Part.

(2) Despite section 11(4) of this Act, a person whose application for a spent conviction order was refused by the Magistrates' Court before the commencement of Part 4 of the Justice Legislation Amendment Act 2023 may apply for a spent conviction order in relation to the same conviction without producing new information in support of the application if the person reasonably believes that they are eligible for a spent conviction order in relation to that conviction because of the amendments made by that Part.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 28 October 2020

Legislative Council: 19 February 2021

The long title for the Bill for this Act was "A Bill for an Act to establish a scheme for certain convictions to become spent in Victoria and non‑disclosable on a person's criminal record unless in specific circumstances, to consequentially amend the Equal Opportunity Act 2010 and for other purposes."

Constitution Act 1975:

Special majorities:

Legislative Assembly: 19 February 2021

Legislative Council: 18 March 2021

The Spent Convictions Act 2021 was assented to on 30 March 2021 and came into operation as follows:

Sections 1−10, 20−29 on 1 December 2021: section 2(2); sections 11−19 on 1 July 2022: section 2(3).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Spent Convictions Act 2021 by Acts and subordinate instruments.

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Spent Convictions Act 2021, No. 13/2021

Assent Date:	30.3.21
Commencement Date:	S. 29 on 1.12.21: s. 2(2)
Note:	S. 29 repealed Pt 6 (ss 27–29) on 1.12.22
Current State:	This information relates only to the provision/s amending the Spent Convictions Act 2021

Agriculture Legislation Amendment Act 2022, No. 22/2022

Assent Date:	15.6.22
Commencement Date:	S. 88 on 1.1.23: Special Gazette (No. 506) 27.9.22 p. 1
Current State:	This information relates only to the provision/s amending the Spent Convictions Act 2021

Casino and Liquor Legislation Amendment Act 2022, No. 26/2022

Assent Date:	28.6.22
Commencement Date:	S. 59 on 1.7.22: Special Gazette (No. 336) 30.6.22 p. 1
Current State:	This information relates only to the provision/s amending the Spent Convictions Act 2021

Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022

Assent Date:	6.9.22
Commencement Date:	S. 39 on 30.7.23: s. 2(5)
Current State:	This information relates only to the provision/s amending the Spent Convictions Act 2021

Justice Legislation Amendment Act 2023, No. 26/2023

Assent Date:	10.10.23
Commencement Date:	Ss 16–25 on 11.10.23: s. 2(1)
Current State:	This information relates only to the provision/s amending the Spent Convictions Act 2021

Transport Legislation Amendment Act 2023, No. 34/2023

Assent Date:	21.11.23
Commencement Date:	S. 127(Sch. 1 item 14) on 22.11.23: s. 2(1)
Current State:	This information relates only to the provision/s amending the Spent Convictions Act 2021

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 34) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1; s. 8 on 13.5.25: s. 2(3)
Current State:	This information relates only to the provision/s amending the Spent Convictions Act 2021

Youth Justice Act 2024, No. 32/2024

Assent Date:	10.9.24
Commencement Date:	Ss 841–845 on 30.9.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Spent Convictions Act 2021

Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024, No. 51/2024

Assent Date:	3.12.24
Commencement Date:	S. 72 on 1.7.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Spent Convictions Act 2021

Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, No. 58/2025

Assent Date:	16.12.25
Commencement Date:	Ss 69–72 on 23.2.26: Special Gazette (No. 50) 3.2.26 p. 1
Current State:	This information relates only to the provision/s amending the Spent Convictions Act 2021

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3 Explanatory details

No entries at date of publication.

1 Spent Convictions Act 2021

Version No. 012

Spent Convictions Act 2021

No. 13 of 2021

Version incorporating amendments as at
23 February 2026

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 2

4 Act binds the Crown 11

5 Meaning of conviction 11

5A Meaning of custodial term 12

5B How length of custodial term to be determined 12

6 Application of Act to past convictions 14

Part 2—Convictions spent by operation of this Act 15

Division 1—Convictions spent automatically by operation of this Act 15

7 Convictions spent with immediate effect 15

8 Convictions spent on expiry of conviction period 16

9 Conviction period 16

10 Commencement and recommencement of conviction period 17

Division 2—Convictions spent on application 18

11 Application for spent conviction order 18

12 Form and content of application 19

13 Service of application 20

14 Submissions 20

15 Spent conviction order determined without hearing 20

16 Spent conviction order determined with hearing 21

17 Principles for hearings 21

18 Refusal to accept application 21

19 Magistrates' Court may make spent conviction order 22

Part 3—Spent convictions 24

Division 1—Effect of conviction becoming spent 24

20 Effect of conviction becoming spent 24

Division 2—Disclosable spent convictions 25

21 Use of criminal record information by law enforcement agencies, courts and tribunals 25

22 Use of criminal record information by specified persons and bodies 27

22A Collection, use and disclosure of criminal record information by Court Services Victoria 34

22B Disclosure of criminal record information for purposes under the Family Violence Protection Act 2008 35

22C Disclosure of criminal record information for purposes under the Child Wellbeing and Safety Act 2005 36

22D Disclosure of criminal record information by researchers and analysts 36

Definitions: The Act’s operation depends on statutory definitions at s 3 and on s 5 (meaning of conviction). "Conviction" is broadly defined to include findings of guilt whether or not a conviction is recorded by the court and infringement convictions (s 5(1)). The Act expressly covers convictions under interstate or foreign law that would have constituted offences in Victoria (s 5(3)). The Act binds the Crown (s 4) and applies retrospectively to convictions imposed before commencement (s 6).

Immediate spending: Section 7 lists conditions where a conviction becomes spent on the day of conviction. The categories include non‑recorded convictions, specified mental impairment qualified findings, child offenders under 15 (including serious convictions committed when under 15), Children’s Court fines, and infringement convictions (s 7(1)(a)-(e)). However, s 7(2) provides that where a penalty has a condition attached, the conviction is not spent until all conditions are completed.

Conviction periods and expiry: For convictions not spent immediately, s 8 and s 9 set out spending on expiry of the conviction period. Section 9(1) sets conviction periods: five years for convictions of a "child or young offender" and ten years for others. Section 10 governs when the period commences and restarts: generally from the day the court makes the finding; but the period restarts if a subsequent conviction is recorded (s 10(2)), subject to enumerated exceptions for minor fines, restitution orders, no penalty, or no conviction recorded (s 10(3)).

Serious convictions and applications: Section 3 defines "serious conviction" as sentences with custodial terms over 30 months, or convictions for sexual offences or serious violence offences. For certain serious convictions, the Act creates an application pathway to the Magistrates' Court (s 11). Eligibility is limited: the applicant must have been a child or young offender, or the serious conviction must be of certain types with no custodial term or a custodial term not exceeding five years (s 11(1)(a)-(c)). Applications must comply with form and content requirements (s 12), include information supporting rehabilitation, and attract service requirements on the Attorney‑General and Chief Commissioner of Police (ss 12-13). The Magistrates' Court has procedural flexibility (ss 15-17) and must consider a listed set of factors in s 19(2), including victim impact and Aboriginal or Torres Strait Islander background factors.

Effect of spending and private disclosure ban: Section 20 is pivotal. It removes a spent conviction from a person's criminal record (s 20(1)(a)), prevents requiring a person to disclose a spent conviction (s 20(1)(b)) and makes it an offence to request such disclosure (s 20(1)(c)). The effect is not absolute; Part 3 specifies permitted disclosures by law enforcement, courts, tribunals and specified bodies.

Permitted disclosures: Sections 21 and 22 structure the exceptions. Section 21 permits disclosure by law enforcement agencies and courts/tribunals to other law enforcement agencies, courts or tribunals for statutory functions and to perform law enforcement functions, and to certain research/statistical bodies (e.g. ABS, Chief Statistician, Sentencing Advisory Council and prescribed secretaries) (s 21(1)(a)-(c)). Section 22 contains a Table listing many specified bodies (column 1), the function for which they may obtain a criminal record (column 2), and the statutory basis for that function (column 3). The Table covers worker screening checks, registration and licensing regulators, child‑safety and family violence information sharing, corrections, transport safety, immigration, and many others.

Court‑services, research and law-reporting exceptions: The Act also contains operational carve‑outs. Court Services Victoria may collect/use/disclose spent convictions where supporting a court or tribunal function (s 22A). Family violence and child wellbeing information‑sharing entities have specified disclosure permissions aligned to the Family Violence Protection Act 2008 and Child Wellbeing and Safety Act 2005 (ss 22B-22C). Researchers and analysts may disclose spent conviction data to other researchers/statisticians for research, modelling or analysis subject to written consent of the disclosing law enforcement agency or Court Services Victoria (s 22D). The Council of Law Reporting may publish spent conviction information in law reports in the ordinary course of business (s 22E).

Custodial term measurement: Sections 5A and 5B provide detailed rules on what counts as a custodial term and how its length is determined. The definition includes imprisonment, detention in youth justice or residential centres, and court secure treatment orders (s 5A(1)). Section 5B explains that length is the time the person is liable to be imprisoned or detained, and that the length includes periods on parole but excludes certain periods served by other means (s 5B(2)-(4)). Aggregated sentences under children’s sentencing provisions are allocated across convictions (s 5A(3)).

Childhood convictions: Part 4A (ss 24A-24E) creates additional duties and restrictions for spent childhood convictions (convictions imposed on a person at age 10 or 11 and spent immediately under s 7(1)(c)). Specified disclosers must take reasonable steps to determine whether a spent conviction is a spent childhood conviction and must give prescribed notice when disclosing (s 24A). Victorian law enforcement agencies are generally prohibited from using spent childhood convictions in performing law enforcement functions (s 24B), with enumerated exceptions (e.g. child protection, family violence, certain court administrative functions). Courts and tribunals must not use a party’s spent childhood conviction to assess character adversely in proceedings (s 24C), again subject to listed exceptions. Section 24D bars use of a spent childhood conviction to refuse, revoke, suspend, or terminate accreditation, employment, licences, registrations, appointments, privileges or status, with detailed exceptions. Section 24E makes knowing contravention of s 24B or s 24D an offence with a higher penalty.

Offences and defences: Unlawful disclosure by a person who has access to records is an offence (s 23) with a penalty at the time of the Act of 40 penalty units, subject to a defence that the accused took all reasonable steps to avoid unlawful disclosure (s 23(2)). There are explicit exceptions for libraries and archives and for disclosure of de‑identified information and information published in court decisions (s 23(3)-(4).) Obtaining spent conviction information by fraud or dishonesty is an offence with a 20 unit penalty (s 24).

Regulation and review: Section 26 empowers regulations for application forms, notices, fees, processes, prescribed disclosures, and other operational matters. The Minister must review the Act after its first anniversary and table the review report in Parliament (s 25).

Amendments: The Act has been frequently amended since assent, with items inserted or substituted by multiple amending Acts listed in the endnotes and footnotes. Those amendments introduced definitions, the childhood conviction regime and added bodies and functions to the disclosure Table among other changes.

The statute distils who pays, who decides and who changes behaviour.

Primary individuals affected

People with convictions. The Act directly affects anyone with a Victorian, interstate or foreign conviction that would, if committed in Victoria, be a conviction for a Victorian offence (s 5(3)). For many, a conviction will become spent automatically (ss 7-9). For some serious convictions, the person may need to apply to the Magistrates' Court (Part 2 Division 2, ss 11-19). Those who were children or young offenders have generally shorter conviction periods (s 9(1)) and broader eligibility for court-ordered spending (s 11(1)(a)).
Persons with convictions imposed at ages 10 or 11. The Act creates a distinct "spent childhood conviction" category with heightened protections and proactive disclosure duties (Part 4A, ss 24A-24E).

Agencies and bodies affected

Law enforcement agencies and their employees or contractors. They may continue to collect, use and disclose spent convictions for law enforcement functions and are listed among entities who may disclose (s 21(1)-(2) and s 22). Victorian law enforcement agencies face special restrictions regarding spent childhood convictions (s 24B). They also are a party to offences for unlawful disclosure (s 23 applies to persons employed or contracted by law enforcement under s 21(5)).
Courts and tribunals, and Court Services Victoria. Courts and tribunals retain the ability to collect, use and disclose spent convictions in legal proceedings and in publishing decisions (s 21(3) and (3A)). Court Services Victoria is expressly authorised to collect/use/disclose spent conviction information to support courts (s 22A).
Specified regulatory bodies. The s 22 Table lists many particular regulators and public bodies (for example AHPRA, Disability Worker Registration Board, transport and licensing authorities, Victoria Police for Firearms licensing, Victorian Gambling and Casino Control Commission, Social Services Regulator and others). These bodies may receive spent conviction information only for the specified statutory function listed (s 22(1) and Table).
Employers, licensing and accrediting bodies. The default rule (s 20) means private employers and many licensing bodies cannot require disclosure of a spent conviction or request that a person disclose it, unless the statutory exception in s 22 applies or other exceptions in Part 3 are engaged, or a spent childhood conviction exception applies (s 24D). For spent childhood convictions s 24D(1) generally prohibits use for refusal/termination of employment, accreditation and licences, with listed exceptions.
Researchers, analysts and the Council of Law Reporting. Researchers may handle spent conviction information under s 21(1)(c) and s 22D, but s 22D imposes consent requirements for further disclosure and enumerates exceptions for statistical officers such as the Chief Statistician (s 22D(2)-(4)). The Council of Law Reporting may publish spent conviction data when preparing law reports (s 22E).

Decision-makers

Magistrates’ Court. The Magistrates’ Court is the decision-maker for spent conviction orders for eligible serious convictions (s 19). The Court determines eligibility, may refuse acceptance of applications for being vexatious or non‑compliant (s 18), and runs hearings that are usually closed to the public (s 16(2)).
Attorney‑General and Chief Commissioner of Police. They receive service of applications (s 13) and may submit to the Court (s 14). Their participation can trigger a hearing (s 15).
Regulators and specified bodies. Their statutory functions determine whether they may receive spent conviction information under the Table in s 22 and under regulations made under s 26.

Behavioural effects and compliance burden

Individuals with convictions no longer need to disclose spent convictions to many private actors (s 20(1)(b)-(c)). This changes private contracting, employment and licensing decisions where conviction information previously mattered.
Courts and law enforcement agencies must maintain systems to track spent status and apply permitted disclosure pathways; they must also manage disclosure to specified bodies for statutory functions only.
Specified agencies and researchers must implement consent procedures for secondary disclosure of spent conviction data per s 22D(2), and systems for identifying spent childhood convictions per s 24A.

Who pays

Administrative cost burdens fall on courts, law enforcement agencies and Court Services Victoria to update records, add notice/consent mechanisms and train staff to avoid unlawful disclosure (s 23 penalty, s 24E for childhood conviction contra‑ventions). Agencies receiving spent conviction data for statutory functions may need to adapt screening, decision and IT systems to ignore spent convictions where required by s 20 and ss 24B-24D.

Geographical and temporal scope

The Act applies to Victorian convictions and to foreign and interstate convictions that correspond to Victorian offences (s 5(3)). The Act applies to convictions imposed before, on or after commencement (s 6). Various amendments have added definitions and exceptions over time; see Part 7 below for the amendment history.

Rights conferred on individuals

Right not to have spent convictions included in criminal records. Section 20(1)(a) states a spent conviction does not form part of a person’s criminal record.
Right not to be required to disclose. Section 20(1)(b) prohibits requiring a person to disclose a spent conviction or information about it, and s 20(1)(c) makes it an offence to request such disclosure.
Right to obtain own spent conviction information. Section 21(2) permits a law enforcement agency, court or tribunal to disclose a spent conviction to the person whose record it is, upon that person’s request.

Duties on applicants and courts for serious convictions

Applicants for a spent conviction order must wait until the conviction period has expired (s 11(2)), submit written applications setting out full name, the conviction, information in support of rehabilitation and any prescribed information (s 12(1)), and pay any prescribed fee (s 12(3)). They must serve the application on the Attorney‑General and Chief Commissioner of Police (s 13).
Courts must consider a non-exhaustive list of matters in s 19(2) when deciding whether to make a spent conviction order, including the nature and seriousness of the offence, the impact on victims, personal circumstances, Aboriginal or Torres Strait Islander background factors, age and maturity at the time of offending, rehabilitation, and risk to public safety.

Duties on law enforcement agencies, courts, tribunals and specified persons

Disclosure permissions: Sections 21 and 22 identify who may disclose and to whom. Law enforcement agencies and courts may disclose spent convictions to other law enforcement agencies, courts or tribunals for statutory functions or to perform law enforcement functions (s 21(1)(a)-(b)). Section 22 allows disclosure to specified persons and bodies listed in the Table only for the function and under the law specified in the Table.
Court Services Victoria may collect and use spent conviction information in support of a court or tribunal function provided the collection/use/disclosure would be permitted if performed by that court (s 22A).
Family violence and child wellbeing entities have permitted disclosure pathways tailored to the Family Violence Protection Act and the Child Wellbeing and Safety Act (ss 22B-22C).
Researchers and analysts disclose only with written consent of the disclosing agency or Court Services Victoria, except for the specified statistical officers (s 22D(1)-(4)).
Specified persons disclosing spent childhood convictions must, subject to prescribed exceptions, take reasonable steps to determine whether the conviction is a spent childhood conviction and must give prescribed notice at time of disclosure (s 24A).

Prohibitions and offences

Unlawful disclosure: A person who has access to records of convictions must not disclose information that they know, or should reasonably know, relates to a spent conviction without lawful authority or written consent of the person whose conviction is spent (s 23(1)). Penalty: 40 penalty units. Defence: proof of all reasonable steps taken to avoid unlawful disclosure (s 23(2)). There are explicit exceptions for libraries/archives and de‑identified information or information published in court decisions (s 23(3)-(4)).
Obtaining by fraud/dishonesty: Section 24 makes it an offence to obtain information relating to a spent conviction by fraud or dishonesty, penalty 20 penalty units.
Spent childhood conviction misuse: Section 24E makes it an offence, with a penalty of 60 penalty units, to knowingly use a spent childhood conviction in contravention of ss 24B or 24D. The section excludes judicial actors and Victorian courts/tribunals in proceedings from its operation (s 24E(2)).

Administrative and regulatory duties

Regulations may prescribe forms, fees and processes for spent conviction orders, persons and bodies who can disclose spent convictions, notification forms for disclosure of spent childhood convictions and exceptions (s 26). Section 25 mandates a statutory review after the first anniversary of commencement.

Interaction duties and cross-checking

The Act requires agencies to reconcile its provisions with other statutory schemes. The Table in s 22 ties permission to disclose to performing a statutory function under a specified law. For example, the Worker Screening Act 2020 is the statutory basis for WWC and NDIS checks being allowed to receive spent convictions from a law enforcement agency. Agencies relying on disclosure permissions must ensure the request is for the listed statutory function and is under the listed law.

Calculation duties

Agencies and courts tasked with deciding whether a conviction is serious or whether a custodial term exceeds a threshold must apply the definitions in ss 5A and 5B and calculate the length of custodial terms according to statutory rules (s 5B), including whether parole periods are included and certain served times are excluded.

Statutory offence structure

The Act creates targeted criminal sanctions focused on unauthorised handling of spent conviction information rather than penalising the underlying historical offending. There are three principal offences.

Unlawful disclosure by persons with access to records (s 23)

Elements: the accused must have access to records of convictions and must disclose information that they know, or should reasonably know, relates to a spent conviction, without lawful authority or the written consent of the person whose conviction is spent (s 23(1)).
Penalty: 40 penalty units. The Act provides a statutory defence where the accused proves they took all reasonable steps to avoid unlawful disclosure (s 23(2)).
Exceptions: libraries and archives acting under established procedures, disclosure of de‑identified information or information already published in a decision of a court or tribunal (s 23(3)-(4)).

Obtaining spent conviction information by fraud or dishonesty (s 24)

Elements: obtaining information relating to a spent conviction by fraud or dishonesty.
Penalty: 20 penalty units.

Offence for contravening spent childhood conviction safeguards (s 24E)

Elements: a person must not use a spent childhood conviction or related information in a manner that contravenes ss 24B or 24D, and must know their use contravenes those sections.
Penalty: 60 penalty units. There are explicit exceptions for Victorian courts, tribunals and judicial actors (s 24E(2)).

Enforcement and who is liable

Liability attaches to persons who have access to records of convictions, including employees, contractors or volunteers. Sections 21(5) and 22(4) clarify that subsections permitting disclosure apply to those employed or contracted by law enforcement or courts acting in the course of duty, and s 23 expressly applies to persons who have access to records. Court Services Victoria staff and contractors are included for s 22A collections and uses.

Operational enforcement mechanisms

The Act does not create an express administrative enforcement regime or civil cause of action in favour of individuals for breaches. Enforcement falls to criminal prosecution (s 23, s 24, s 24E). The Act does not identify a specific enforcement agency in the offence provisions; prosecutions would proceed under standard criminal prosecution rules by the relevant prosecutorial authority. The higher penalty for contravening childhood-conviction protections under s 24E indicates legislative prioritisation, and the Act provides that judicial actors are excluded from criminal liability for uses of spent childhood convictions in proceedings (s 24E(2)).

Defences and evidentiary features

The s 23 defence is a statutory evidentiary safety valve: a person charged with unlawful disclosure may avoid conviction by proving they took all reasonable steps to avoid such disclosure (s 23(2)). This places evidential weight on organisational compliance policies, training and recordkeeping. For obtaining by fraud or dishonesty (s 24) and s 24E offences, the Act requires knowledge (s 24E(1)(b)): the offender must know the use contravenes the relevant provisions.

Risk allocation and compliance incentives

The presence of criminal penalties, combined with the Act’s prescription of exceptions and lists of permitted disclosures (ss 21-22), incentivises organisations to establish compliance checks before disclosing conviction information. That incentive and the statutory defence in s 23 create a compliance cost for agencies to document "reasonable steps" , producing a record of policies, staff training, technical controls, and audit trails. The Act also shifts some burden to applicants seeking spent conviction orders to serve material and to defend an application against submissions from the Attorney‑General or Chief Commissioner of Police (ss 13-14, 16).

Practical enforcement questions left to agencies

The Act does not prescribe administrative fines, civil remedies, or rights to correction or deletion of non‑spent records; instead it focuses on criminal sanctions for unauthorised disclosure and obtaining by improper means. Enforcement practice therefore depends on prosecutorial discretion and resourcing, and on how agencies interpret "reasonable steps" for the s 23 defence.

Direct cross-references

The Act is extensively cross-referenced to other Victorian and Commonwealth legislation. Key direct interactions include:
- Equal Opportunity Act 2010: Section 1(d) records that the Act amends the Equal Opportunity Act to make a spent conviction an attribute on the basis of which discrimination is prohibited. The text of that amendment is not printed in this Act but the purposive connection is declared in s 1.
- Sentencing Act 1991 and Children, Youth and Families Act 2005: Sections 5A and 5B rely on those Acts for defining custodial terms, court secure treatment orders, drug and alcohol treatment orders and aggregated sentencing (s 5A(1), s 5A(3), s 5B(4)). Calculations of custodial term length therefore require reference to sentencing and youth justice provisions in these Acts.
- Family Violence Protection Act 2008 and Child Wellbeing and Safety Act 2005: Parts 3 and 4A expressly permit disclosure and use for statutory information‑sharing functions under those Acts (ss 22B, 22C, 24D exceptions). The Act harmonises its disclosure strategy with the separate information‑sharing frameworks established by those Acts.
- Corrections Act 1986: Section 21(4) authorises the Commissioner under s 8A of the Corrections Act to collect/use/disclose spent convictions in accordance with corrections legislation or corrections‑related legislation defined in s 104ZX of the Corrections Act.
- Worker Screening Act 2020: The s 22 Table ties worker screening checks (WWC, NDIS) to the Worker Screening Act 2020 as the statutory basis for disclosure of spent convictions to the Social Services Regulator and corresponding interstate bodies.
- Public Administration Act 2004: Some disclosure permissions are explicitly linked to employment or contracting under that Act (s 22 Table entries, for example Court Services Victoria employment).
- Migration Act 1958 (Cth), Narcotic Drugs Act 1967 (Cth), Marriage Act 1961 (Cth): The Table in s 22 includes federal functions (immigration, narcotic drugs licensing, marriage celebrant registration), thereby creating an interjurisdictional disclosure path.
- Constitution Act 1975: Section 20(3) states the non‑disclosure regime applies despite anything to the contrary in Subdivision (1) Division 7 Part II of the Constitution Act and s 20(4) clarifies that references to convictions in s 44(3) of the Constitution Act do not include spent convictions. This is an explicit constitutional‑compatibility statement within the Act.

Limits and sequencing

The Act is not self-contained; operationalising many of its provisions requires reading the listed statutory functions in the Table and the cited Acts. For instance, a regulator listed in the Table may receive spent convictions only for the precise function and under the law specified. Agencies must therefore check the statutory power that authorises the function before seeking or using spent conviction information.

Regulatory reliance and rule‑making

Section 26 empowers the Governor in Council to make regulations about many operational details, including the persons or bodies who may disclose and the purposes for which they may disclose spent convictions, and the form and content of notices of disclosure of spent childhood convictions (s 26(1)(e)-(ef)). This means that implementation and day‑to‑day operational constraints will be significantly shaped by subordinate instruments issued under s 26. Practitioners should review the regulations to see how the regime is scoped beyond the primary Act.

Privacy and data protection law

The Act refers to "de‑identified" information with the same meaning as in the Privacy and Data Protection Act 2014 (s 3 defn). Section 23(4)(a) exempts disclosure of de‑identified information from the unlawful disclosure offence. Where de‑identification is used to permit disclosure, agencies should ensure compliance with the Privacy and Data Protection Act standards for de‑identification and re‑identification risk.

Interactions with worker screening, licensing and employment laws

Because the Table in s 22 lists many licensing and employment regulators, the practical scope of the non‑disclosure rule is limited in these regulated spheres. For example, AHPRA and the Victorian Institute of Teaching are permitted recipients for registration, and the Worker Screening / Social Services Regulator entries permit WWC and NDIS checks to receive spent convictions. Practitioners advising employers should therefore map whether the employer is within a statutory regime listed in s 22; if it is not, the employer may not request or consider spent convictions (s 20).

Court reporting and academic research

The Act preserves the ability to report judicial decisions and to conduct statistical research but places consent and process constraints on researchers (s 22D) and confirms law reporting exceptions (s 22E). Researchers receiving spent conviction data will typically require written consent from the disclosing agency (s 22D(2)). The Chief Statistician and certain enumerated statistical role‑holders are carved out from the consent requirement (s 22D(3)-(4)).

Transitional and retrospective coverage

Section 6 expressly applies the Act to past convictions. The endnotes and Table of Amendments show multiple amendments after assent that expand scope and insert new regimes (for example the childhood conviction protections were inserted by the Youth Justice Act 2024 amendments noted in the Table). Readers must consider both the original Act and later amending Acts set out in the endnotes.

The Act has been amended repeatedly since assent. The endnotes in the version you provided list the principal amending Acts, their assent dates and commencement dates for the amending provisions as they affect the Spent Convictions Act 2021. Below is a timeline extracted from the statute text and endnotes, identifying the amending instruments and the sections they altered or inserted as recorded in the consolidated text.

Spent Convictions Act 2021, No. 13/2021 , Assent 30 March 2021. The principal Act, with initial commencement staggered: sections 1-10 and 20-29 commenced 1 December 2021; sections 11-19 commenced 1 July 2022 (Endnotes; see "The Spent Convictions Act 2021 was assented to on 30 March 2021 and came into operation as follows").
Agriculture Legislation Amendment Act 2022, No. 22/2022 , Assent 15 June 2022; s 88 affected the Spent Convictions Act and commenced 1 January 2023. The endnotes identify this amending Act as making changes to the Spent Convictions Act 2021.
Casino and Liquor Legislation Amendment Act 2022, No. 26/2022 , Assent 28 June 2022; s 59 commenced 1 July 2022. The footnotes within the statutory text indicate numerous definitions and Table entries were inserted or amended by No. 26/2023 (Justice Legislation Amendment Act 2023) and earlier 2022 Acts; the endnotes cross‑reference these changes.
Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022 , Assent 6 September 2022; s 39 commenced 30 July 2023. Within the Act text, cross-references note that the definition of "sexual offence" was amended by No. 38/2022 s 39(b).
Justice Legislation Amendment Act 2023, No. 26/2023 , Assent 10 October 2023; sections 16-25 of that Act commenced 11 October 2023. The consolidated Spent Convictions Act shows extensive insertions and substitutions credited to No. 26/2023, including many definitions (see numerous "inserted by No. 26/2023 s. 16(b)" and s 17 for s 5A/5B insertion) and amendments to ss 9-22. The text records that Pt 6 was repealed and reinserted by No. 26/2023 s 25 (Transitional provisions s 27).
Transport Legislation Amendment Act 2023, No. 34/2023 , Assent 21 November 2023; s 127 commenced 22 November 2023. The Table in s 22 was amended by No. 34/2023 s 127(Sch. 1 item 14).
Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024 , Assent 10 September 2024; s 113(Sch.1 item 34) commenced 10 February 2025; s 8 commenced 13 May 2025. The consolidated text reflects amendments stemming from No. 31/2024, including to the defn of law enforcement agency and to researcher disclosure rules (s 22D).
Youth Justice Act 2024, No. 32/2024 , Assent 10 September 2024; ss 841-845 that amended the Spent Convictions Act commenced 30 September 2025. These insertions are credited throughout the Act; notably they introduced the spent childhood conviction definitions and Part 4A (ss 24A-24E).
Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Act 2024, No. 51/2024 , Assent 3 December 2024; s 72 commenced 1 July 2025 and appears in the s 22 Table as an amendment.
Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, No. 58/2025 , Assent 16 December 2025; ss 69-72 commenced 23 February 2026. The consolidated text records amendments by No. 58/2025 affecting the Table, the defined "specified person or body" in s 24A(6) and other provisions.

Annotated changes in the consolidated text

Definitions: Numerous new definitions were inserted by amending Acts, flagged inline in the consolidated text (for example "authorised Hub entity", "Central Information Point", "Chief Statistician", "Court Services Victoria", "spent childhood conviction" and others). See the footnote markers in s 3.
Part 4A (ss 24A-24E) , spent childhood conviction regime , is explicitly noted as inserted by No. 32/2024 s 844 and subsequent amendments to exceptions and prescribed person lists by No. 58/2025 s 71 and others.
Researchers and analysts rules (s 22D) were amended by No. 31/2024 s 8 to add consent requirements and exemptions.
The Table in s 22 has been repeatedly amended to add, remove or recharacterise listed bodies and their functions; each Table change is credited to an amending Act in the text.

How to use this history

Any client or practitioner must consult the consolidated Act plus the regulations (s 26) and the full text of the amending Acts to determine current operational settings. The endnotes in the consolidated text are the authoritative guide within the statute publication for where and when amendments took effect; the Act itself shows inline footnotes referencing the specific amending instruments and sections.

The consolidated Act and its endnotes, as provided, do not cite any case law or decisions interpreting the Spent Convictions Act 2021. The Act itself contains no references to judicial decisions, nor does the endnotes section record any reported litigation. The legislative materials included in this publication show the Minister’s second reading speech dates but do not list judicial challenges or appellate treatment.

Practical implications

Because the statute is recent and heavily procedural, significant legal questions are likely to arise in operation, for example about the meaning of "reasonable steps" in the s 23 defence, the proper characterisation of a foreign conviction as "corresponding" to a Victorian offence (s 5(3)), the application of the "subsequent conviction" restart rule in s 10(2), and the scope of permitted disclosures under the Table in s 22. Those questions, however, do not have reported answers in the statute text supplied.

What to monitor

Practitioners should monitor decisions of the Magistrates' Court under Part 2 Division 2, which will create practical precedence on the exercise of discretion under s 19 and on evidentiary approaches in closed hearings (s 16). They should also watch prosecutorial practice around s 23 and s 24E, the exercise and interpretation of the s 23 defence, and any decisions that interpret the interplay between non‑disclosure in s 20 and the many permitted disclosure pathways in ss 21-22. Decisions on whether a foreign conviction “corresponds” to a Victorian offence under s 5(3) may also generate litigation.

Absence of statutory appeal route

The Act allows the Magistrates' Court to make or refuse spent conviction orders and requires the Court to send copies of orders or refusals to the applicant and the Chief Commissioner of Police (s 19(3)). The Act is silent on appeal mechanisms; therefore standard appeal rights under the Magistrates’ Court Act and general appellate statutory regimes will govern but practitioners should confirm procedural appeal rights and timeframes in the Magistrates' Court rules and other procedural instruments.

Distinguish "spent" from "non-disclosable",exceptions are numerous

Section 20 states a spent conviction does not form part of a person’s criminal record and a person is not required to disclose it. But Part 3 contains multiple, often technical, exceptions allowing specific disclosures to specified entities for enumerated statutory purposes (ss 21-22, 22A-22E). A common trap is assuming a spent conviction is universally hidden. Practitioners should map whether the prospective recipient is a listed body in s 22 or otherwise lawfully entitled under Part 3, and check the specific statutory function listed in the Table.

Non‑recorded convictions get immediate spending but there is a caveat

Section 7(1)(a) makes a conviction that is not recorded spent immediately. That creates a practical litigator’s point: whether a court records a conviction affects its spent status. But s 7(2) qualifies that if a penalty has conditions attached, completion of conditions is required before the conviction becomes spent. Users should check whether conditions are attached to otherwise non‑recorded convictions so as not to presume immediate spending.

Be careful with subsequent convictions and conviction-period restarts

Section 10(2) restarts the conviction period for a prior conviction if a subsequent conviction is made. That rule can delay automatic spending for many convictions and creates strategic importance to the timing of convictions. Subsection 10(3) contains exceptions where a subsequent conviction does not restart the period (minor fines, restitution orders, no penalty or no recorded conviction). When advising clients, conduct a chronological and quantitative analysis of convictions to determine whether the period has run and whether the client is eligible to apply (s 11(2)).

Custodial term calculation is non‑trivial

Determining whether a conviction is "serious" depends on the custodial term as defined by ss 5A-5B. Section 5B includes parole in the measuring of length but excludes certain time served by other means (home detention, intensive correction orders as they previously operated, parts of drug and alcohol treatment orders not activated). The statute lists examples. Practitioners must compute the custodial term using s 5B, not merely read off the headline sentence length.

Applications for serious convictions have timing and res judicata traps

Under s 11(2), an application for a spent conviction order cannot be made before the conviction period expires. Under s 11(4), a refusal by the Magistrates’ Court bars reapplication for two years unless new information is produced. The Justice Legislation Amendment transitional provision (s 27) allows reapplications in some cases affected by amendments, but generally clients must take care on timing and on assembling new evidence of rehabilitation to avoid the two‑year bar.

Closed hearings by default

Section 16(2) requires hearings on applications to be closed to the public unless the Court considers circumstances justify openness. This affects media access and the public record regarding the application, and it also affects third‑party participation and the risk of inadvertent disclosure. Parties and advisers should plan for confidentiality and evidence handling accordingly.

Spent childhood conviction regime is stricter and complex

Part 4A creates additional duties and prohibitions. Section 24A requires specified disclosers to take reasonable steps to determine whether a spent conviction is a spent childhood conviction, and to give prescribed notice at time of disclosure. The list of "specified person or body" in s 24A(6) is limited and excludes some bodies; the exceptions to the duties in s 24A(4) are numerous and must be checked. Section 24D(1) makes it unlawful to use a spent childhood conviction to refuse or terminate accreditation or employment, with a range of specified exceptions (s 24D(3)). Section 24E makes a knowing contravention criminal with a 60‑unit penalty. Practitioners should treat childhood convictions as a special class requiring extra care.

Consent rules for research

Section 22D requires written consent of the disclosing law enforcement agency or Court Services Victoria before a person or body may disclose research datasets containing spent conviction information to other researchers, except for specified statistical officers (s 22D(2)-(4)). Researchers must therefore identify the provenance of the data and obtain consent before sharing. The Chief Statistician and persons employed under the Crime Statistics Act 2014 are exempted from the consent requirement (s 22D(4)).

Form and fee regulation will matter but is delegated

The Act frequently defers to regulations for forms, content of applications, notices, and fees (s 26). Until the regulations and prescribed forms are reviewed, practitioners should verify procedural requirements with Magistrates' Court practice directions and the current regulation set; missing or incorrect forms or unpaid prescribed fees may render an application refused under s 18(c).

Overlap with worker screening and other statutory checks

The Table in s 22 includes entries that permit certain screening authorities to receive spent convictions for worker checks. Employers who operate outside those statutory regimes cannot rely on the same pathways and cannot request spent convictions. There is therefore potential for uneven application across sectors: some regulated sectors will still see spent convictions disclosed in screening checks, while many private sector employers cannot lawfully request them.

Prohibited conduct includes "should reasonably know"

The s 23 test for unlawful disclosure uses a negligence-like standard, "knows, or should reasonably know, relates to a spent conviction." Organisations must have systems to flag spent convictions to prevent inadvertent breaches; the statutory defence of "all reasonable steps" (s 23(2)) puts the onus on providers to document compliance.

No express civil remedy or right to expungement mechanism

The Act relies on criminal sanctions and on positive statutory blocking rules. It does not create a civil right to damages for breach nor a labelled "expungement" mechanism beyond the removal of spent convictions from criminal records as per s 20(1)(a). Agencies dealing with historic records should consider internal administrative rectification processes and privacy law obligations.

Jurisdictional and foreign conviction issues

Section 5(3) treats foreign and interstate offences as within the Act if they correspond to Victorian offences. Determining correspondence may involve complex legal analysis and could be a source of dispute, particularly where foreign sentencing regimes differ in form or terminology.

Checklist for individuals with convictions

Determine whether the conviction is automatically spent

Check s 7: is the conviction non‑recorded, a qualified finding of guilt under the specified mental impairment provisions, imposed when the person was under 15, a Children’s Court fine, or an infringement conviction? If yes, the conviction is spent immediately unless conditions attached to the penalty remain incomplete (s 7(2)).

Calculate conviction periods for non‑immediate spending

For convictions not spent automatically, calculate the conviction period under s 9: five years for a child or young offender, ten years for others. Verify the start date under s 10(1) and whether any subsequent conviction restarts the period under s 10(2) (and whether exceptions in s 10(3) apply).

For serious convictions, assess eligibility for a spent conviction order

If the conviction is a "serious conviction" as defined in s 3 but the person qualifies under s 11 (was a child or young offender; serious violence/sexual offence with no custodial term; or other serious conviction with custodial term ≤5 years), plan an application after the conviction period has expired (s 11(2)). Prepare rehabilitation evidence as required by s 12(1)(c), and expect to serve the Attorney‑General and Chief Commissioner of Police (s 13). Be aware of the two‑year reapplication bar after refusal absent new information (s 11(4)).

Use the Magistrates' Court process and prepare for confidentiality

Applications may be determined without hearing unless submissions are made (ss 15-16). If there is a hearing, it will ordinarily be closed to the public (s 16(2)). Ensure the application follows prescribed form and fee requirements under s 12 and any regulations under s 26.

Checklist for employers, licensing and regulatory bodies

Determine whether you are a permitted recipient under s 22

Consult the Table in s 22 and the regulations under s 26. If your body is not listed and not a law enforcement agency, court or tribunal with a permitted function, you must not request disclosure of a spent conviction (s 20(1)(c)).

For listed recipients, limit use to the statutory function and law specified

If you receive spent conviction data under s 22, restrict its use strictly to the listed function and under the listed law (s 22(1)(a)-(b)). Records and audit trails should document the statutory basis for each disclosure and the legal authority for using the data.

For spent childhood convictions, observe specific notice and determination duties

If you are a "specified person or body" under s 24A(6), take reasonable steps to determine whether a spent conviction is a spent childhood conviction before disclosure and give prescribed notice at the time of disclosure (s 24A(1)-(2)). Check the s 24A(4) exceptions to see if they apply.

Implement robust recordkeeping and staff training

The unlawful disclosure offence in s 23 uses a "should reasonably know" standard and provides a defence based on "all reasonable steps." To rely on the defence keep written policies, staff training records, access logs, disclosure authorisation forms and audit trails. Ensure IT systems flag spent and spent childhood convictions.

Checklist for law enforcement agencies, courts and Court Services Victoria

Update criminal record systems to flag spent convictions

Implement processes to remove spent convictions from "criminal records" as defined in s 3, while ensuring Part 3 permitted disclosure pathways remain functional and traceable.

Follow the statutory disclosure pathways and document consents

When disclosing spent conviction information for research (s 22D), obtain written consent from the original disclosing law enforcement agency or Court Services Victoria unless the recipient is a permitted statistical officer (s 22D(2)-(4)). Maintain precise provenance records showing the source of disclosed data.

For Court Services Victoria, ensure collection/use/disclosure aligns with court support

Section 22A restricts Court Services Victoria to collecting/using/disclosing spent convictions only if supporting a court or tribunal function and only to the extent that the function would permit such disclosures if performed by the court or tribunal. Ensure internal policies mirror that limitation.

For family violence and child wellbeing sharing, map the permitted pathways

Follow ss 22B and 22C when disclosing spent convictions in information‑sharing contexts under those Acts. Coordinate with central information points and Hub entities where relevant.

Procedural and administrative steps for Magistrates’ Court

Establish forms, fee schedules and processing timelines under s 26

The Court must use prescribed forms and fees. Where regulations are not yet finalised, follow Court practice directions and confirm the current fee and form requirements.

Prepare to receive submissions from Attorney‑General and Chief Commissioner

Upon service of an application, the Attorney‑General and Chief Commissioner may make submissions within 28 days (s 14). The Court may determine applications without a hearing if no submissions are filed (s 15). Track timelines to ensure decisions are procedurally lawful.

Manage closed hearings and attendance directions

If the Court holds a hearing, it must be closed to the public unless the Court orders otherwise (s 16(2)). Issue directions on permitted persons in a closed hearing to maintain confidentiality for applicants.

Risk management and compliance costs

Organisations should budget for IT changes to tag and segregate spent conviction data, staff training on disclosure obligations and the "reasonable steps" defence, audit trails for disclosures, consent management for research data, and legal advice to map statutory functions in s 22. Failure to implement adequate controls exposes organisations to criminal liability (s 23, s 24E) and reputational risk.

Practical templates and procedures to adopt

For applicants: a checklist template for application content (s 12), evidence of rehabilitation, certified conviction records, and proof of service on Attorney‑General and Chief Commissioner (s 13).
For agencies: an access control policy, a spent-conviction flagging protocol, a disclosure authorisation form that records statutory basis in s 22, and a consent form template for researchers consistent with s 22D.
For courts and Court Services Victoria: a sealed-file protocol for spent conviction records, and operations guidance on publishing decisions with spent conviction references under s 21(3) and s 22E.

Monitor regulations and review outcome

Finally, review the regulations made under s 26 and the Minister’s statutory review report after the first anniversary (s 25). Regulations will fix many procedural and definitional details that determine day-to-day compliance.

Spent Convictions Act 2021

Plain English Summary

Deep Dive

What it does

Current sections

Spent Convictions Act 2021

Source text: opening excerpt

1 Spent Convictions Act 2021

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