24ADisclosure of spent childhood conviction

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;

(c) disclosure to a person or body under section 21(1)(c), (3) or (3A), 22A, 22B, 22C, 22D or 22E;

(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—

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

(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.