Spent Convictions Act 2000

The following applies to a person whose conviction has been extinguished:

the person is not required to disclose information about the extinguished conviction to anyone;

a question about the person’s criminal history is taken not to refer to the extinguished conviction;

in applying an Act to the person—

a reference to a conviction (however expressed) is taken not to refer to the extinguished conviction; and

a reference to the person’s character (however expressed) does not allow or require anyone to take the extinguished conviction into account.

A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

The following also applies to a person whose youth offence conviction has been extinguished:

in applying an Act to the person, the person is taken never to have committed or to have been charged with, convicted of, or sentenced for the offence the subject of the extinguished conviction (the offence);

it is lawful for the person to state in a proceeding before a court or tribunal that the person has not been charged with or convicted of the offence.

This section has effect despite the Health Practitioner Regulation National Law (ACT), section 77 (4), section 79 (3) and section 135 (3).

However, subsections (1) and (2) do not apply in relation to an application by a person for registration under—

the Working with Vulnerable People (Background Checking) Act 2011; or

a corresponding law within the meaning of that Act, dictionary.