24BRestriction on use of spent childhood conviction for law enforcement function

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.