Spent Convictions Act 2009

A conviction for a designated sex‑related offence is spent if, on application in accordance with the regulations, a qualified magistrate makes an order in accordance with subsection (5) that the conviction is spent.

The following persons may apply for an order under this section:

the convicted person;

a person specified in Schedule 2 clause 1A, in the circumstances specified.

An application under this section may not be made in respect of a conviction for an offence against the laws of another jurisdiction.

Schedule 2 applies to an application under this section and to proceedings on an application.

A qualified magistrate must make an order that a conviction for an offence is spent if satisfied that—

the offence is a designated sex‑related offence; and

the conduct engaged in by the convicted person or constituting the offence would not, at the time the application is considered, constitute an offence under the law of the State.

In considering matters in subsection (5)(b) relating to an offence that falls within the ambit of paragraph (c) or (d) of the definition of designated sex‑related offence (or an offence of attempting, or of conspiracy or incitement, to commit such an offence), the qualified magistrate must have regard to—

whether any person involved in the conduct that was the subject of the conviction did or did not consent to the conduct; and

the ages and respective ages of any persons involved in the conduct that was the subject of the conviction; and

any other matter the qualified magistrate reasonably considers relevant in the circumstances.