The 'public interest' test in s 14F of the Spent Convictions Act 2000 (ACT) requires the court to weigh the object of the Act — obviating disproportionate hardship from criminal records — against competing public interests including victim wellbeing, informed decision-making by employers, and the availability of conviction information for criminal investigations. The seriousness of the offence (particularly age disparity), established and enduring victim trauma, and the public interest in employer access to conviction information may outweigh an applicant's lengthy crime-free period and successful rehabilitation. The fact that an applicant has been able to rehabilitate and reintegrate despite the conviction may actually weigh against the application, as it demonstrates the conviction has not caused the kind of disproportionate hardship the Act was designed to address.
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