Criminal Records Regulation 2019

This Regulation is the Criminal Records Regulation 2019.

This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Criminal Records Regulation 2014, which is repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.

In this Regulation—

Corrective Services NSW has the same meaning as in the Crimes (Administration of Sentences) Act 1999.

the Act means the Criminal Records Act 1991.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

For the purposes of paragraph (h) of the definition of sexual offences in section 7 (4) of the Act, the following are prescribed as sexual offences—

an offence under section 61JA, 61KC, 61KD, 61KE, 61KF, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 66EB, 66EC, 73A, 80D, 80E, 80G, 91H, 91J, 91K, 91L, 91M, 91P, 91PA, 91Q or 91R of the Crimes Act 1900,

an offence under section 11G of the Summary Offences Act 1988,

an offence that, at the time it was committed, was prescribed as a sexual offence for the purposes of that paragraph.

A conviction for an offence referred to in subclause (1) is taken never to have been spent or never to be capable of becoming spent.

For the purposes of section 8 (5) of the Act, the former offence of a self-excluded person (within the meaning of section 84 of the Casino Control Act 1992) entering or remaining in a casino to which an exclusion order in respect of the person relates is prescribed.

Section 12 of the Act does not apply in relation to the following—

an application for admission as a lawyer under the Legal Profession Uniform Law (NSW),

an application for engagement as a consultant to the Commission or Inspector under the Law Enforcement Conduct Commission Act 2016,

an application for appointment to, or employment in, a role specified in Column 2 of the following table under the corresponding Act specified in Column 1—

Column 1

Column 2

Act

Role

Crime Commission Act 2012

an officer of the Commission

Crown Prosecutors Act 1986

a Crown Prosecutor

Director of Public Prosecutions Act 1986

an Officer

Independent Commission Against Corruption Act 1988

an officer of the Commission

an officer of the Inspector

Law Enforcement Conduct Commission Act 2016

an officer of the Commission

an officer of the Inspector

Section 12 of the Act does not apply in relation to an application under Part 2 of the Crimes (Criminal Organisations Control) Act 2012 or the making of a decision by the Supreme Court under that Part.

It is not an offence for the officer in charge of the Criminal Records Section of the NSW Police Force to make information relating to a spent conviction available to the following—

a judicial officer of the Supreme Court for the purposes of an application under Part 2 of the Crimes (Criminal Organisations Control) Act 2012,

the Chairperson of the Independent Liquor and Gaming Authority, or a person authorised in writing by the Chairperson,

a person employed in the Bureau of Crime Statistics and Research, Department of Communities and Justice if—

the information is to be used only by the Bureau for research, reports relating to that research and the production of statistics, and

any publication of the Bureau does not name or otherwise identify the person who was the subject of the spent conviction,

a person employed in Corrective Services NSW, NSW Fair Trading or the Office of the Sheriff, Department of Communities and Justice (a prescribed agency) if—

the information is only made available together with information relating to all other convictions of the relevant person, and

at the time of making the information available the officer in charge is satisfied the prescribed agency has policies and procedures that will ensure the information will not be disclosed, or used or taken into account in any decision made or other thing done, by any person employed in the prescribed agency.

For the purposes of paragraph (o) of the definition of law enforcement agency in section 13 (5) of the Act, the following are prescribed—

the Office of the Inspector of the Law Enforcement Conduct Commission,

the Australian Border Force,

New Zealand Police,

the Australian Commission for Law Enforcement Integrity.

For the Act, section 19A, definition of eligible homosexual offence, paragraph (d), the following offences are prescribed—

the former offence under the Crimes Act 1900, section 483(b), committed by a boy, youth or adult, as referred to in that section and that Act, sections 484, 485 and 486,

the former offence under the Government Railways Act 1912, section 133A,

the former offences under the Offences in Public Places Act 1979, sections 5 and 6,

the former offence under the Police Offences Act 1901, section 78,

the former offences under the Summary Offences Act 1970, sections 11 and 12,

the former offences under the Vagrancy Act 1902, sections 4(2)(d) and 8A(a).

However, a former offence referred to in subclause (1) is an eligible homosexual offence only if the offence—

was committed by a person while engaging in a form of sexual activity with another person of the same sex, and

was not witnessed by a person except—

any person engaged in the sexual activity, or

a police officer.

Any act, matter or thing that, immediately before the repeal of the Criminal Records Regulation 2014, had effect under that Regulation continues to have effect under this Regulation.