Spent Convictions Act 2009

Part 3Division 1 does not apply—

to the performance of a function or the exercise of a power by a prescribed screening unit in prescribed circumstances; or

in relation to an entity acting in prescribed circumstances on the basis of information furnished by a prescribed screening unit.

However, if a prescribed screening unit is in possession of information relating to—

a conviction that has been quashed, or in relation to which the person has been granted a pardon for the offence; or

a conviction that is constituted by a finding that is to be treated as a conviction under section 3(5) and that is taken to be spent under section 4(1a); or

a conviction for an offence in relation to which an order has been made under section 13A, the exclusion constituted under subclause (1) will not apply unless the prescribed screening unit is satisfied that there are good reasons for the exclusion to have effect under this Act.

In acting under subclause (2)—

the prescribed screening unit must, when considering whether good reasons exist for the purposes of that subclause, give strong weight to the fact that the conviction or circumstances relate to—

a conviction that no longer applies in relation to the person (in the case of a quashed conviction or pardon); or

circumstances that did not lead to an actual conviction (in the case of circumstances to which section 3(5) applies); or

circumstances where a qualified magistrate has been willing to make an order under section 13A, as the case may be; and

if the prescribed screening unit decides that there are good reasons for the exclusion to have effect, the prescribed screening unit must provide reasons in accordance with the regulations.

In this clause—

prescribed screening unit means an entity (including an entity constituted under, or for the purposes of, a law of another jurisdiction) prescribed by the regulations for the purposes of this definition.