Spent Convictions Act 2000

Section 16 does not apply in relation to an application by a person—

for an appointment or employment as a judge, magistrate, justice of the peace, police officer, prison officer, teacher, teacher’s aide, childcare provider, aged care provider or provider of care for people with a disability, or childcare worker, educator, aged care worker or worker with people with a disability; or

to be appointed, employed or otherwise engaged (whether or not for financial reward) in any other capacity—

in relation to the care, instruction or supervision of children, older people or people with a disability; or

at a school, education and care service, childcare centre, hospital, community care facility, residential care facility, or any other place where care, instruction, supervision or any other services are provided (or proposed to be provided) for children, older people or people with a disability; or

by an entity that provides care, instruction, supervision or any other services for children, older people or people with a disability; or

as a casino employee under the Casino Control Act 2006; or

for an interactive gambling licence under the Interactive Gambling Act 1998; or

to be permitted to provide care, instruction, supervision or any other services for children, older people or people with a disability; or

for registration under the Working with Vulnerable People (Background Checking) Act 2011.

Section 16 does not apply in relation to an application by a person convicted of arson or attempted arson to be appointed, employed or otherwise engaged (whether or not for financial reward) in any other capacity in fire fighting or fire prevention.

Section 16 does not apply in relation to a proceeding before a court (including the giving of evidence) or the making of a decision by a court (including a decision about sentencing).

However, a court before which evidence of a spent conviction is admitted must, in appropriate circumstances, take the steps reasonably available to it to prevent or minimise publication of the evidence.

Section 16 does not apply in relation to the making of a decision under the Firearms Act 1996 about a person’s suitability.

Section 16 does not apply in relation to the making of a decision under the Casino Control Act 2006 about whether a person is an eligible person for that Act.

Section 16 does not apply in relation to the making of an application for, or for the renewal of, a licence or approval under the Race and Sports Bookmaking Act 2001.

Section 16 does not apply to a notice or police report under the Sex Work Act 1992, part 2 (Registration).

Section 16 does not apply to a conviction that is spent under section 12 (When is a conviction spent?) in relation to—

the making of an application for a licence under the Security Industry Act 2003; and

the giving of a police certificate under that Act;

the making of a decision about issuing a licence under that Act.

Section 16 does not apply in relation to an application for, or the renewal of, a registration or permit to teach under the ACT Teacher Quality Institute Act 2010.

This Act does not affect any of the following provisions:

the Crimes Act 1900, section 291 (Evidence of previous conviction charged in indictment);

the Evidence Act 2011, part 3.5 (Evidence of judgments and convictions) and part 3.8 (Character).

In this section:

means an education and care service within the meaning of the Education and Care Services National Law (ACT), section 5; but

does not include a family day care service within the meaning of the Education and Care Services National Law (ACT), section 5.

The Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT).