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

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.