Spent Convictions Regulations 1992

The Regulations repeat and operationalise a small set of statutory concepts from the Spent Convictions Act 1988 and add administrative detail. The principal concepts in the Regulations, and how they are defined or used in the text, are:

• Minor punishment: Regulation 3 prescribes the amount of $1,500 "for the purposes of the definition of 'minor punishment' in section 3 of the Act". The Act’s definition of minor punishment therefore becomes concrete by reference to this figure. Schedule 1 also uses this figure when describing how subsequent convictions affect eligibility.
• Lesser conviction: While the Act contains the substantive definition, Schedule 1 defines the scope of the application form: "A lesser conviction is one for which imprisonment for one year or less, and a fine of less than $15 000, was imposed." The application form is for lesser Western Australian convictions only (Schedule 1, "Use of this form").
• Certificate that a conviction is spent: Regulation 5 prescribes the form of application to the Commissioner of Police for issuing a certificate that a lesser conviction is spent. Schedule 1 details the content of the application and the process to issue the certificate (including how the certificate will be posted).
• Notice under section 33(2): Regulation 6 prescribes the form of the notice required by the Act. Schedule 2 contains the prescribed wording and a statutory summary of the legal effects of a conviction becoming spent. That summary sets out practical legal consequences such as non-disclosure obligations, limits on access to official criminal records, constraints on assessing character and fitness, and statutory prohibitions on discriminatory treatment by employers, agencies and occupational licensing bodies.
• Persons and laws prescribed for section 28(2): Regulation 6A creates a prescribed list (Table) of specific persons and the laws they administer. The persons include officials and agencies in other States and Territories and a Commonwealth agency (for example the NDIS Quality and Safeguards Commission). Each item links a named person to a specified law. Regulation 6A operates for the purposes of section 28(2) of the Act, so the prescribed list modifies how that particular Act provision applies in cross‑jurisdictional or subject‑specific contexts.
• Transitional operation: Regulation 7 defines amendment day for the 2023 amendment and specifies that, for convictions incurred before amendment day, regulation 3 "continues to apply as if it had not been amended" by the 2023 Regulations. Regulation 7(1) also defines "conviction" to include convictions under Commonwealth, State or Territory law for transitional purposes.

Other operational concepts included in the Schedules are identity verification (a 100 point system with primary and secondary documents; at least one document with a photo), authorised witnesses (Australia Post officers, police officers and persons in Schedule 2 of the Oaths, Affidavits and Statutory Declarations Act 2005), and methods of certificate delivery (posted to the postal address on the application).

Schedule 2 restates several legal effects tied to the Act, and it organises those effects into access (criminal records), disclosure obligations, character assessment, discrimination (employment, agencies, unions, contractors, occupational licensing bodies), exceptions (including bail and roles listed in Schedule 3 to the Act), and complaint mechanisms (Equal Opportunity Act 1984). The Schedule therefore functions as both a statutory notice and a compact compliance summary for persons affected by spent convictions.

Taken together, the Regulations translate statutory tests and rights into administrative processes and prescribed actors. They do not create new substantive causes of action, but they do reallocate who can receive or rely on information about convictions and under what documented form and procedure.

The Regulations create effects for multiple groups, each affected in different ways by prescription of forms, thresholds and prescribed persons.

Applicants with convictions

• Persons who hold "lesser convictions" under Western Australian law are the immediate targets of Schedule 1. The form and the 100 point ID regime apply to applicants seeking a certificate that a lesser WA conviction is spent (regulation 5; Schedule 1 paragraphs 1, 4 and 5). The applicant must satisfy the eligibility timing rules set out in the Act (Schedule 1, paragraph 2 refers to section 11 of the Act) and must produce the requisite identity documents, have an authorised witness, and provide a postal address for the certificate to be issued (Schedule 1 paragraphs 3 to 5).
• Persons with convictions outside Western Australia are excluded from the Schedule 1 application process. Schedule 1 expressly states the form is only to be used "for lesser convictions for offences against the law of Western Australia." The transitional provision in regulation 7(1) however makes clear that the definition of "conviction" for the purposes of that transitional rule includes convictions under Commonwealth, other State or Territory law, showing the Regulations do engage with extra‑territorial convictions in limited, transitional ways.

Employers and prospective employers

• Schedule 2 prescribes that a spent conviction need not be disclosed, and that an employer, prospective employer or employment agency "cannot use a spent conviction against the applicant" in recruitment, terms, promotion, dismissal or access to opportunities. Those prohibitions directly restrain employers and their recruitment processes (Schedule 2, "Disclosure" and "Discrimination" sections). Employers remain subject to the exceptions in Schedule 3 of the Act; the Regulations refer readers back to Schedule 3 for particulars.

Occupational licensing and authorising bodies

• Schedule 2 instructs that bodies that confer authorisations or qualifications for occupations "cannot use a spent conviction against a person" with respect to depriving or setting terms and conditions for authorisations. That constrains the practice of occupational licensing authorities in the State, except where exceptions apply (Schedule 2 "Occupational licensing bodies" and "Exceptions").

Employment agencies, unions and other organisations

• Schedule 2 expressly lists employment agencies, unions and employer organisations, setting out that they cannot use spent convictions to refuse services, vary terms of membership, expel, or deny benefits. That affects contract terms and service provision where these organisations previously relied on conviction records.

Police and administrative authorities

• The Commissioner of Police is the addressee for applications and the issuer of certificates (Schedule 1 form is addressed "I apply to the Commissioner of Police"). The Commissioner therefore has an administrative role to receive applications, verify identity (per Schedule 1), and issue certificates. The Regulations allocate procedural steps to police, including witnessing identity verification (or relying on authorised witnesses) and posting the certificate to the applicant (Schedule 1 paragraph 5).

Cross‑jurisdictional screening agencies and regulators

• Regulation 6A names specific external persons and laws for the purposes of section 28(2) of the Act. The list includes screening and regulatory bodies in other States and Territories and a Commonwealth body (the Commissioner of the NDIS Quality and Safeguards Commission). Those named persons are prescribed for a particular statutory purpose, which affects how the Act’s section 28(2) operates in those statutory contexts. Named examples include the NSW Children’s Guardian (Child Protection (Working with Children) Act 2012), various disability worker registration or screening agencies, and chief executives responsible for disability services or working with children in Queensland, South Australia, Tasmania, Victoria and the Northern Territory (regulation 6A Table).

Potentially affected private parties

• Contract workers and principals are specifically mentioned in Schedule 2 ("Contract workers"), constraining principals from using spent convictions against contract workers in ways listed in the Schedule.

Administrative complainants and regulators

• Schedule 2 provides a route for complaints under the Equal Opportunity Act 1984 if a person believes they have been discriminated against in the ways the Schedule describes. That gives private persons an administrative avenue to challenge behaviour inconsistent with the statutory protections.

Note on exclusions and exceptions

• Schedule 2 also lists exceptions, including decisions as to bail and specific excluded roles and authorisations set out in Schedule 3 to the Act. Those whose roles fall within Schedule 3 remain subject to different disclosure or access rules. Regulation 6A identifies a set of interstate and Commonwealth screening bodies that are prescribed for a particular section of the Act; bodies not in that list are not captured by regulation 6A and therefore may have different treatment under the Act (regulation 6A and its Table).

In short, the Regulations affect applicants seeking spent-conviction certificates, employers and licensing bodies constrained from using spent convictions, police and authorised witnesses who implement application procedures, and a specific list of screening agencies and statutory bodies in other jurisdictions by naming them for an Act provision. Each party’s obligations and rights are set by the specific prescriptions in the Schedules and regulations.

The Regulations squarely set out a number of duties and rights, both by prescription and by reference back to the Act. These operate at the level of procedural obligations, applicant rights, and third-party constraints.

Duties on applicants

• Use the prescribed application form for lesser convictions (regulation 5 and Schedule 1). The form contains a declaration to be signed by an authorised witness who must sight identity documents (Schedule 1, applicant particulars, witness declaration and Information for Applicant, paragraphs 1 and 3).
• Produce identification documents totalling 100 points, with at least one document containing a photograph, and meet the category point rules as set out in Schedule 1 paragraph 4. Applicants therefore have the duty to provide specified documentary evidence and obtain an authorised witness to confirm that evidence.

Duties on authorised witnesses

• Witnesses must declare that they have sighted original identification documentation confirming the identity of the applicant and that they witnessed the applicant’s signature (Schedule 1 witness declaration). Schedule 1 paragraph 3 specifies who may act as authorised witness: an Australia Post officer, a police officer, or any person listed in Schedule 2 to the Oaths, Affidavits and Statutory Declarations Act 2005.

Duties on the Commissioner of Police

• The Commissioner receives the application using the prescribed form and issues a certificate that a lesser conviction is spent. Schedule 1 paragraph 5 states the certificate will be posted to the postal address shown in the application, and applicants must notify the Commissioner of any change in address.

Rights of applicants

• If eligible, an applicant has a right to apply and have the Commissioner issue a certificate declaring a lesser conviction spent. Besides the certificate process, Schedule 2 sets out rights conferred by the Act on persons with spent convictions: non-disclosure in most contexts, restricted access to official criminal records, limits on consideration in character assessments, and anti-discrimination protections in employment and licensing contexts.

Duties on employers, employment agencies, unions, principals and occupational licensing bodies

• Schedule 2 prescribes prohibitions in clear terms: these parties "cannot use a spent conviction" against a person in a range of contexts, including recruitment, terms and conditions, access to benefits, dismissal, membership decisions and authorisation decisions. Those obligations are statutory constraints placed on these third parties, with the Schedule advising that complaints can be made under the Equal Opportunity Act 1984.

Duty to provide prescribed notice

• Section 33(2) of the Act requires a particular notice; regulation 6 prescribes the precise wording of that notice (Schedule 2). Whoever is required by the Act to give notice must use the prescribed language when a conviction becomes spent. The text of Schedule 2 provides a summary of legal effects and a pointer to exceptions and complaint avenues.

Duty to respect access restrictions to criminal records

• Schedule 2 states "It is an offence for a person to obtain information about a spent conviction, or the charge that led to it, from official criminal records, unless the person has a lawful reason." The Schedule therefore places an enforced access restriction, though the Regulations do not set out the penalty levels or enforcement mechanism in this instrument; the Schedule identifies the existence of an offence under the Act.

Prescribed exceptions and the prescribed list under s28(2)

• Regulation 6A prescribes particular persons and laws for the purposes of section 28(2) of the Act. That listing creates an obligation on officials and bodies interacting with that section to treat those named persons and laws in the manner the Act requires. For practitioners this creates a limited, definite universe of external agencies that fall within the scope of the Act’s specified exception.

Transitional duty

• Regulation 7(2) imposes a transitional rule that preserves the pre-amendment application of regulation 3 for convictions incurred before amendment day. Administratively, this requires agencies to determine whether a conviction was incurred before or after amendment day and to apply the correct monetary figure for "minor punishment" accordingly.

Rights to complain and seek remedy

• Schedule 2 directs persons who believe they have suffered prohibited discrimination to lodge a complaint under the Equal Opportunity Act 1984 with the Commissioner for Equal Opportunity. That directs the enforcement pathway for alleged breaches of the anti-discrimination obligations described in the Schedule.

What the Regulations do not do in terms of duties and rights

• The Regulations do not grant new civil causes of action beyond the Act and do not set out criminal penalty amounts. The Regulations rely on the Act and other laws (for example the Equal Opportunity Act 1984) for substantive enforcement, and refer to Schedule 3 of the Act for exceptions.

In sum, duties fall largely on applicants (identity verification and form use), witnesses (to attest identity), police (to accept applications and issue certificates), and employers and licensing bodies (not to use spent convictions against people except under Schedule 3 exceptions). Rights include applicants’ right to apply and receive a certificate where eligible, and broader protections against disclosure and discrimination for those whose convictions have become spent. All duties and rights in the Regulations operate in the shadow of the Act and of the exceptions and enforcement mechanisms the Act already contains.

The Regulations indicate specific enforcement pathways and record the existence of offences in relation to access and misuse of spent conviction information, but they do not themselves set monetary penalties. Instead, the Regulations refer back to the Act and to other statutory enforcement mechanisms for consequences.

Offence: unauthorised access to criminal records

• Schedule 2 states, in unqualified terms, "It is an offence for a person to obtain information about a spent conviction, or the charge that led to it, from official criminal records, unless the person has a lawful reason." The Regulations thus confirm the Act creates a criminal prohibition against obtaining spent-conviction information from official records without lawful reason. The Regulations do not specify the penalty in the text provided; the relevant penalty provisions and enforcement powers will reside in the Act itself.

Complaint and administrative enforcement for discrimination

• Schedule 2 sets out the administrative enforcement route for discriminatory treatment: persons who believe that someone has used a spent conviction in a prohibited way "may lodge a complaint under the Equal Opportunity Act 1984 with the Commissioner for Equal Opportunity." That directs potential claimants towards administrative resolution and action under the Equal Opportunity Act rather than direct private civil suit under the Regulations. The Regulations therefore channel certain enforcement into the Equal Opportunity regime.

Court and tribunal processes

• Schedule 2 notes that disclosure of a spent conviction is not required "except where required in court or tribunal proceedings, and even then the court or tribunal has to act to avoid or minimize publicity." That passage signals that judicial and tribunal processes remain a forum in which spent convictions may be disclosed, but with an express judicial responsibility to manage publicity. Enforcement of breaches that occur in judicial settings will therefore be a matter for courts and tribunals, not the Regulations themselves.

Role of Commissioner of Police

• The Commissioner of Police issues the certificate that a lesser conviction is spent (Schedule 1). The Regulations allocate the administrative role but do not set supervisory penalty powers for the Commissioner beyond processing and certifying. Any enforcement of improper issue or misuse of certificates would implicate the Act or other administrative law mechanisms.

Transitional enforcement implication

• Regulation 7(2) preserves the prior regulation 3 treatment for convictions incurred before the amendment day. That means enforcement must be temporal: authorities will need to distinguish pre‑amendment convictions from post‑amendment convictions when determining whether "minor punishment" should read as the current or former prescribed amount. Errors in applying the correct monetary threshold could generate administrative disputes.

Intersection with other laws that provide enforcement

• The Regulations reference other statutory frameworks that contain enforcement mechanisms. For example, Schedule 2 directs discrimination complaints to the Equal Opportunity Act 1984. Regulation 6A lists interstate and Commonwealth screening agencies and laws; those laws may themselves set out enforcement and sanctions for misuse of criminal history information in their regulated contexts.

What the Regulations do not supply

• The Regulations do not set out specific fines or imprisonment terms for the offence mentioned in Schedule 2. They do not create a new enforcement agency. They do not replace or supersede the Act’s own enforcement provisions or other statutes that regulate particular sectors (for example, worker screening legislation in other jurisdictions). Practitioners must therefore consult the Act and the sectoral laws listed in regulation 6A for precise penalty levels and enforcement mechanisms.

In practice, the Regulations establish the procedural framework (forms, notices, prescribed actors) and point to enforcement routes (criminal offence for unauthorised access; Equal Opportunity Act for discrimination complaints; courts/tribunals where disclosure is necessary). The absence of penalty detail in the Regulations means enforcement particulars must be found in the Act and in the other statutes to which the Regulations refer.

The Regulations are explicitly cross‑referential. They operate by prescribing amounts, forms and actors for the Spent Convictions Act and by pointing users to other legislative frameworks that govern identity verification, employment discrimination, worker screening and occupational regulation.

Direct references and interactions

• Oaths, Affidavits and Statutory Declarations Act 2005: Schedule 1 para 3 identifies persons authorised to witness the applicant’s signature, including "any other person listed in the Oaths, Affidavits and Statutory Declarations Act 2005 Schedule 2." The Regulations therefore import the list of authorised witnesses from that Act.
• Equal Opportunity Act 1984: Schedule 2 instructs that complaints about prohibited discrimination may be lodged under the Equal Opportunity Act 1984 with the Commissioner for Equal Opportunity. The Regulations therefore route enforcement of discrimination prohibitions into that Act’s administrative scheme.
• Road Traffic (Authorisation to Drive) Act 2008 and Photo Card Regulations 2014: Schedule 1’s identity documents list includes licences issued under the Road Traffic (Authorisation to Drive) Act 2008 and "a current photo card as defined in the Western Australian Photo Card Regulations 2014 regulation 3." The Regulations use those external identity regimes to set the 100 point proof system.
• Firearms Act 2024 and related regulations: Schedule 1 includes "Licence with photo identity issued under the Firearms Act 2024" among the Category 1 secondary ID documents. The presence of the Firearms Act in the identity list indicates an intersection with firearms licensing documentation for identity verification.
• National and state worker‑screening and disability legislation: Regulation 6A prescribes a list of persons and corresponding laws from other jurisdictions , examples include the National Disability Insurance Scheme Act 2013 (Commonwealth), the Working with Vulnerable People (Background Checking) Act 2011 (ACT), Child Protection (Working with Children) Act 2012 (NSW), National Disability Insurance Scheme (Worker Checks/Worker Clearance) Acts (NSW and NT), Working with Children Acts in Queensland, the Disability Service Safeguards Act 2018 (Victoria), the Worker Screening Act 2020 (Victoria), and several others. By naming these laws and persons for the purposes of section 28(2) of the Act, the Regulations create a defined interface between the WA Spent Convictions Act and interstate/territory/Commonwealth statutory screening systems.

Practical cross‑jurisdictional effects

• Regulation 6A’s Table creates a concrete universe of external agencies and corresponding laws that are treated in a particular way under section 28(2) of the Act. The Regulations therefore offer a mechanism for integration or mutual recognition in specified screening contexts: named agencies can be dealt with under the Act’s framework. Conversely, agencies not listed in regulation 6A are not treated by the Regulations as prescribed for section 28(2), and will have to rely on the Act or other legislative means if they seek access to spent-conviction information.
• Transitional regulation 7(1) uses the term "conviction" to include convictions under Commonwealth, State or Territory law for transitional purposes. That shows the Regulations interact with non-WA convictions at least in transitional scenarios and indicates that the treatment of convictions can have temporal and cross‑jurisdictional complexity.

Limits of interaction

• Schedule 1 is expressly limited to convictions "for offences against the law of Western Australia." Practitioners should therefore not assume the Schedule 1 certificate application mechanism extends to convictions incurred under other jurisdictions, absent the specific transitional rule in regulation 7 which only concerns pre-amendment convictions.
• The Regulations do not amend or displace the substantive provisions of the external laws named in regulation 6A. They simply prescribe that, for the Act’s s28(2) purpose, those persons and laws are prescribed. The external laws retain their own obligations, exceptions and enforcement provisions.

References that require consultation of the primary Acts

• Several provisions in the Regulations instruct readers to consult the primary Act for full detail. For example, Schedule 1 paragraph 2 refers to "the rules in the Spent Convictions Act 1988 section 11 for working out this period" (the qualifying period), and Schedule 2 refers to exceptions in "Schedule 3 to the Act" for particular positions and authorisations. Practitioners therefore must consider the Act in tandem with the Regulations to understand the full statutory regime.

Sectoral overlays

• Where the Act and Regulation 6A intersect with sectoral screening regimes (child protection, disability services, NDIS worker checks, worker screening acts and registration schemes), the Regulations identify specific authorities and statutes that can operate under the Act’s s28(2) exception. Those sectoral laws often have detailed rules about mandatory checks, exclusions and employment prohibitions; the Regulations show that the Spent Convictions Act regime is intended to dovetail with those sectoral requirements, but only for the persons and laws specifically listed.

In summary, the Regulations function as an administrative layer that both imports and points to other statutes. They use external identity documents and authorised-witness lists, rely on the Equal Opportunity Act for discrimination enforcement, and create a mapped relationship with specified national and state worker‑screening and disability laws. The full legal effect in any real-world scenario therefore depends on reading the Regulations together with the Spent Convictions Act and the sectoral laws, especially those named in regulation 6A.

The Regulations include a compilation table that records their legislative history and later amendments up to the versions incorporated into the 2025 compilation. The principal amendment events recorded in the table and the regulation notes are:

• Original enactment: Spent Convictions Regulations 1992, published 26 June 1992, commenced 1 July 1992 (regulation 2).
• Spent Convictions Amendment Regulations 2005: Noted in the annotations to regulation 3 as the instrument that inserted regulation 3; Gazette 4 Nov 2005 p. 5318. Regulation 3 (minor punishment amount) records insertion at that time.
• Amendment and insertion of Schedule 1 heading: Spent Convictions Amendment Regulations 2007, Gazette 1 Apr 2008 p. 1280-3 (Schedule 1 heading inserted; see annotation).
• Multiple amendment instruments in 2010, 2013, 2014 and 2015 updated the Regulations and produced subsequent reprints (see compilation table for dates and Gazette references). Selected examples from the compilation table include:
  • Spent Convictions Amendment Regulations (No. 2) 2010 (24 Dec 2010) and related commencement notes.
  • Spent Convictions Amendment Regulations (No. 2) 2013 (13 Aug 2013).
  • Spent Convictions Amendment Regulations (No. 2) 2014 and (No. 3) 2014 (including Gazette entries on 13 Jun 2014 and 27 Jun 2014).
  • Spent Convictions Amendment Regulations 2014 (12 Dec 2014).
  • Spent Convictions Amendment Regulations 2015 (10 Feb 2015).
• Reprints: Reprints are listed at various dates (Reprint 1 as at 12 Dec 2003; Reprint 2 as at 16 May 2008; Reprint 3 as at 4 Sep 2015) incorporating successive amendments.
• Spent Convictions Amendment Regulations 2021 (SL 2021/6): Inserted regulation 6A prescribing persons and laws for Act s28(2); the table records commencement on 1 February 2021 for the bulk of the instrument with initial provisions commencing 29 January 2021.
• Spent Convictions Amendment Regulations 2023 (SL 2023/122): Inserted regulation 7 and amended regulation 3 by regulation 4 of that amending instrument. The compilation table records publication SL 2023/122 2 August 2023, with most provisions commencing 3 August 2023. Regulation 7 provides transitional arrangements in relation to the amendment in 2023 and defines "amendment day."
• Attorney General Regulations Amendment (Firearms) Regulations 2024 Pt. 4 (SL 2024/300): The compilation table records this instrument, with parts commencing at a future date recorded as 31 March 2025. Schedule 1 was subsequently amended as indicated by the Schedule 1 notes referencing SL 2024/300 r. 10.

Annotations within the Regulations show specific insertion and amendment notes:

• Regulation 3 has an insertion note "Regulation 3 inserted: Gazette 4 Nov 2005 p. 5318; amended: SL 2023/122 r. 4." The text of regulation 3 currently prescribes $1,500 as the amount for "minor punishment", but the annotation notes a 2023 amendment applied by SL 2023/122 r. 4; the transitional regulation 7 preserves the former application for convictions before amendment day.
• Regulation 6A was inserted by SL 2021/6 r. 4 (annotation: "Regulation 6A inserted: SL 2021/6 r. 4"), reflecting the 2021 amendments that added the prescribed persons and laws table.
• Regulation 7 was inserted by SL 2023/122 r. 5 (annotation: "Regulation 7 inserted: SL 2023/122 r. 5").
• Schedule 1 has insertion and amendment notes: inserted Gazette 1 Apr 2008 p. 1280-3; amended 27 Jun 2014 p. 2351; 10 Feb 2015 p. 621; SL 2023/122 r. 6; SL 2024/300 r. 10. Schedule 2 has amendment notes: Gazette 4 Nov 2005 p. 5319; 12 Dec 2014 p. 4720.

Practical consequences of the amendment history

• The 2021 insertion of regulation 6A materially changed the cross‑jurisdictional interface of the Act by specifying named external agencies and statutes for s28(2) purposes.
• The 2023 amendments affected regulation 3 (the "minor punishment" amount) and prompted an express transitional rule (regulation 7) to preserve treatment of convictions incurred before the amendment day. Regulation 7(2) requires agencies to apply the pre‑amendment regulation 3 amount for convictions incurred before amendment day. This has the operational effect of creating two temporal cohorts of convictions subject to different monetary thresholds for the Act’s definitions.
• The inclusion of the Firearms Act 2024 materials in the Schedule 1 identity documents list is reflected in the compilation table entry for SL 2024/300; Schedule 1 records an amendment via SL 2024/300 r. 10, indicating identity document lists have been updated to reflect new or amended identity documents in other statutes.

For practitioners, the compilation table and the annotations in the Regulations identify when the operative changes occurred and which regulation numbers carry the amendments. The Regulations’ compilation reflects a pattern of iterative updates to ensure procedural prescriptions stay aligned with changes elsewhere in the statute book, including identity regimes and cross‑jurisdictional worker-screening frameworks.

The Regulations themselves do not cite any judicial decisions. The text contains no references to cases and the compilation material does not record judicial consideration of these Regulations. Therefore, within this instrument, there is no named litigation history or reporting of court decisions interpreting the Regulations.

What the Regulations do show about dispute forums

• Schedule 2 directs persons who believe they have suffered prohibited discrimination to lodge a complaint under the Equal Opportunity Act 1984 with the Commissioner for Equal Opportunity. That identifies an administrative enforcement forum for discrimination claims linked to spent-conviction protections; any litigation or tribunal work that flows from such complaints would be recorded under the jurisdiction of the Equal Opportunity Act or by courts to which such complaints may be escalated.
• Schedule 2 notes that a person may be required to disclose a spent conviction in court or tribunal proceedings, and that the court or tribunal has to "act to avoid or minimize publicity." Courts and tribunals hence remain forums in which issues about the disclosure and use of spent convictions can be litigated.
• Regulation 7(2) raises an interpretive issue about the temporal application of a changed monetary figure for "minor punishment." Disputes might arise about whether a conviction was "incurred before amendment day" and therefore which figure applies. Those disputes ultimately would be resolved in applicable courts or administrative review processes under the Act.

Practical implications for practitioners

• Because the Regulations prescribe forms, identity verification, and a statutory notice, disputes that reach litigation will likely concern: whether an applicant met the procedural requirements for a certificate; whether a body impermissibly used a spent conviction (and whether the exception in Schedule 3 applies); and whether an access to official criminal records was unlawful. While the Regulations indicate routes and processes, litigation about underlying questions , interpretation of the Act’s substantive tests, exceptions in Schedule 3, and criminal penalties for unauthorised access , will occur in the courts and tribunals with jurisdiction over those matters.
• There is no internal case law set out here to guide interpretation of the prescribed forms or the Table in regulation 6A. Practitioners relying on settled judicial authority will need to check the case law under the Spent Convictions Act and related sectoral statutes outside the Regulations.

In short, the Regulations present no litigation history within their text. They point to administrative and judicial forums likely to be relevant in disputes (Equal Opportunity Commission, courts and tribunals), but the Regulations themselves do not supply precedent or reported decisions.

The Regulations are short and procedural, but several practical pitfalls and sources of error can arise for practitioners and administrators. These follow directly from the text and from the way the Regulations interact with the Act and other statutes.

1. Application form is for Western Australian lesser convictions only

• Schedule 1 expressly limits the prescribed application form to "lesser convictions for offences against the law of Western Australia." Do not assume a Schedule 1 application will work for interstate or Commonwealth convictions. If an applicant has convictions from other jurisdictions, the application form is not the correct instrument unless other statutory mechanisms apply. Check the Act and regulation 7 for the narrow transitional carve-out (see next point).

2. Transitional protection for pre‑amendment convictions

• Regulation 7(2) states that in relation to a conviction incurred before amendment day, regulation 3 continues to apply "as if it had not been amended by the Spent Convictions Amendment Regulations 2023." Practically, this requires administrators to determine the precise date the conviction was "incurred" and to apply the correct historical monetary threshold. A misclassification of the date could change eligibility because regulation 3 prescribes a monetary figure for "minor punishment." The Regulations do not define "incurred" beyond the transitional provision, so practitioners should be careful when establishing temporal facts.

3. Two monetary thresholds in play

• Schedule 1 refers to a lesser conviction as one where imprisonment did not exceed one year and a fine of less than $15,000 was imposed. Regulation 3 prescribes $1,500 as the amount for "minor punishment" for the Act’s s3 definition. The Schedule also instructs that certain subsequent convictions may be ignored "unless no punishment or only a fine of $1,500 or less was awarded for the further conviction." Practitioners must keep straight which figure applies for which part of the Act: $15,000 forms part of the lesser conviction test in Schedule 1; $1,500 is the "minor punishment" figure that operates when determining whether a subsequent conviction resets the qualifying period. Confusing these thresholds can produce incorrect eligibility assessments.

4. Identity verification is detailed and may bar imperfect applications

• Schedule 1 requires 100 points of ID with at least one photo ID and enumerates categories, point values and acceptable documents. The inclusion of new or changed documents (for example, licences under the Firearms Act 2024 and photo cards under the Photo Card Regulations 2014) means practitioners must ensure they use current lists and versions. Schedule 1 was amended multiple times; if an authorised witness accepts non‑compliant documentation, the Commissioner may refuse to issue a certificate on procedural grounds.

5. Authorised witness list references external statute lists

• Schedule 1 authorises witnesses including "any other person listed in the Oaths, Affidavits and Statutory Declarations Act 2005 Schedule 2." If a witness is not on that external list, their attestation may be invalid. Do not assume that a given public official can act as witness unless they are expressly listed in the referenced Act.

6. Schedule 2 exceptions are not reproduced here

• Schedule 2 refers to exceptions in Schedule 3 of the Act but does not reproduce them. Practitioners must consult the Act’s Schedule 3 to determine whether a particular role or authorisation falls within an exception. The Regulations’ Summary warns readers to "refer to Schedule 3 to the Act" for particulars. Relying on Schedule 2 alone may misstate an exception.

7. Regulation 6A only lists specified persons and laws

• Regulation 6A prescribes a finite list of persons and laws for s28(2) purposes. If a Commonwealth or interstate screening body is not listed, it is not covered by this regulation. Do not assume general cross‑jurisdictional access is available; confirm whether the relevant agency and law are included in regulation 6A’s Table before concluding that the s28(2) exception is engaged.

8. Schedule 2 identifies an offence without penalties in the Regulations

• Schedule 2 states there is an offence for obtaining spent-conviction information from official criminal records without lawful reason. The Regulations do not specify penalty levels or enforcement procedures. Practitioners must consult the Act for exact offence elements and penalties. Assuming a particular fine or imprisonment term from the Regulations would be an error.

9. Notice is prescribed in wording; deviations risk non-compliance

• Regulation 6 prescribes the form of the notice under section 33(2). Bodies required to give that notice should use the precise wording in Schedule 2; substituting different language could raise procedural non-compliance issues.

10. Multiple overlapping statutes for employment screening

• Regulation 6A names several sectoral screening laws. Employers and screening bodies must reconcile the Spent Convictions Act’s protections with sectoral obligations under those other statutes. The presence of an external statutory obligation to check criminal history may interplay with the Act’s prohibition on using spent convictions. Practitioners must identify which statutory duty prevails in each context and follow the relevant statutory regime, not the Regulations in isolation.

These practical "gotchas" arise directly from the content and cross‑references in the Regulations. Addressing them requires contemporaneous consultation of the Spent Convictions Act 1988, Schedule 3 of the Act, the other statutes referenced in regulation 6A, and any guidance or administrative practice notes maintained by the Commissioner of Police or relevant screening agencies.

This section sets out practical, source‑grounded steps for the main actors the Regulations affect: applicants seeking a spent conviction certificate, authorised witnesses, employers and licensing bodies, and prescribed external agencies. Each step maps directly to the Regulations and the Schedules.

For applicants seeking a certificate that a lesser conviction is spent

1. Confirm conviction type and jurisdictional scope
   • Ensure the conviction is a "lesser conviction" under Western Australian law: imprisonment for one year or less and a fine of less than $15,000 (Schedule 1, "Use of this form"). If the conviction arises under another jurisdiction, Schedule 1 does not apply; consult the Act and any relevant cross‑jurisdictional provisions before proceeding.
2. Check the qualifying period
   • Do not apply until the qualifying period under the Act has expired. Schedule 1 paragraph 2 directs applicants to the Act’s section 11 rules for working out the period, noting that the basic period is "10 years plus any period of imprisonment relevant to the conviction" but that subsequent convictions affect computation.
3. Assess subsequent convictions and the minor punishment threshold
   • If the applicant has subsequent convictions, determine whether those convictions reset the qualifying period. Schedule 1 explains that a subsequent conviction prevents an application "unless no punishment or only a fine of $1,500 or less was awarded for the further conviction." Regulation 3 prescribes the $1,500 figure as the amount for "minor punishment."
4. Complete the prescribed form
   • Use the form in Schedule 1. Provide full applicant particulars, sign in the presence of an authorised witness, and provide the postal address where the certificate should be sent (Schedule 1).
5. Provide required identity documentation
   • Produce original identity documents totalling at least 100 points, including at least one photographic ID. Follow the categories, point allocations and acceptable documents set out in Schedule 1 paragraph 4.
6. Obtain an authorised witness
   • Have the form signed in the presence of an authorised witness: an Australia Post officer, a police officer, or any person in Schedule 2 of the Oaths, Affidavits and Statutory Declarations Act 2005 (Schedule 1 paragraph 3). The witness must declare they sighted the original identification documents and witnessed the applicant’s signature.
7. Lodge the application with the Commissioner of Police
   • Submit the completed form to the Commissioner of Police, who issues the certificate if eligibility and procedural requirements are met. The certificate will be posted to the address on the application (Schedule 1 paragraph 5). Notify the Commissioner if the postal address changes.

For authorised witnesses

1. Verify identity documents and points
   • Sight the original documents and confirm they meet the 100 point requirement and that at least one photo ID is present (Schedule 1 paragraph 4).
2. Confirm authority to witness
   • Ensure you are authorised under Schedule 2 of the Oaths, Affidavits and Statutory Declarations Act 2005 or fall within the list in Schedule 1 (Australia Post officer or police officer).
3. Sign and declare
   • Complete the witness declaration in the Schedule 1 form, asserting you have sighted the original identification and witnessed the applicant’s signature.

For employers, agencies, unions and licensing bodies

1. Do not use spent convictions in the prohibited ways
   • If a conviction is spent under the Act, do not use it: in recruitment decisions, terms or conditions of employment, access to promotion or benefits, dismissal, membership decisions, or authorisation decisions as described in Schedule 2. These are statutory prohibitions.
2. Check for exceptions
   • Consult Schedule 3 of the Spent Convictions Act 1988 for the full list of exceptions (Schedule 2 of these Regulations points readers to Schedule 3). For roles like police, prison officers, teachers or other regulated positions, Schedule 3 may permit consideration of spent convictions.
3. Use the prescribed notice where required
   • Where section 33(2) of the Act requires a notice, use the precise form in Schedule 2 as prescribed by regulation 6.
4. If you rely on criminal history for operational reasons, ensure a lawful basis exists
   • Schedule 2 notes offences for unauthorised access to official criminal records. If an employer needs criminal history information, verify the lawful reason under the Act or applicable sectoral law before seeking that information.

For screening bodies and prescribed external agencies

1. Check regulation 6A
   • If your agency or statute is listed in regulation 6A’s Table, you are a prescribed person for the purposes of section 28(2) of the Act. Confirm the precise statutory relationship in the Act and how you may receive or use information.
2. Coordinate with sectoral laws
   • Even if prescribed by regulation 6A, those external agencies remain subject to their own statutes. Ensure compliance with both the Spent Convictions Act and the named sectoral law.

For police and administrative staff processing applications

1. Verify eligibility and documentation
   • Confirm the applicant’s conviction meets the "lesser conviction" criteria and that the identity documentation and witness declaration are compliant with Schedule 1.
2. Apply temporal rules correctly
   • For convictions near the period when regulation 3 was amended, verify whether the conviction was incurred before or after amendment day as defined in regulation 7(1). Apply the appropriate monetary threshold for "minor punishment" in force for that temporal cohort.
3. Issue the certificate and post to the address on the application
   • Schedule 1 paragraph 5 prescribes posting as the method of delivery. Ensure certificates are securely handled and posted.

General compliance actions for organisations

1. Update policies and HR screening processes
   • Update recruitment and occupational licensing policies to reflect that spent convictions cannot be used in the ways described in Schedule 2, subject to Schedule 3 exceptions.
2. Train staff and authorised witnesses
   • Provide training to HR personnel and authorised witnesses on the identity document point system, authorised witness categories, and the practical meaning of "lesser conviction" and "minor punishment."
3. Keep records of lawful reasons for access
   • If a person or body believes it has a lawful reason to access spent-conviction information from official records, document that legal basis carefully to justify access in the event of inquiry.
4. Consult the Act and sectoral laws for enforcement detail
   • The Regulations prescribe procedure and forms. For penalty levels, elements of the offence, and specific occupational exemptions, consult the Spent Convictions Act and the sectoral statutes listed in regulation 6A.

In sum, compliance requires cross‑referencing the Regulations with the primary Act and the external persons and laws listed in regulation 6A. The prescribed forms and notices must be used as written. Procedural missteps in ID verification, witness authority, or temporal application of amended figures are the likeliest sources of administrative refusal or legal challenge.