1Purposes

The purposes of this Act are—

(a)

to establish a scheme for convictions to become spent automatically or on application; and

(b)

to provide for limited collection, use and disclosure of a spent conviction of a person for the purposes of administration of justice or performance of statutory functions; and

(c)

to create offences for disclosing information about a spent conviction or obtaining information about a spent conviction fraudulently or dishonestly; and

(d)

to amend the Equal Opportunity Act 2010 to make a spent conviction an attribute on the basis of which discrimination is prohibited under that Act.

2Commencement

(1)

Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed.

(2)

If a provision of this Act (other than Division 2 of Part 2) does not come into operation before 1 December 2021, it comes into operation on that day.

(3)

If a provision of Division 2 of Part 2 does not come into operation before 1 July 2022, it comes into operation on that day.

3Definitions

In this Act—

S. 3 def. of Australian Bureau of Statistics inserted by No. 26/2023 s. 16(b).

Australian Bureau of Statistics means the Bureau established under section 5(1) of the Australian Bureau of Statistics Act 1975 of the Commonwealth;

S. 3 def. of authorised Hub entity inserted by No. 26/2023 s. 16(b).

authorised Hub entity has the same meaning as in section 144SB of the Family Violence Protection Act 2008;

S. 3 def. of Central Information Point inserted by No. 26/2023 s. 16(b).

Central Information Point has the same meaning as in section 144A of the Family Violence Protection Act 2008;

S. 3 def. of Chief Statistician inserted by No. 26/2023 s. 16(b).

Chief Statistician means the person employed as the Chief Statistician under section 4 of the Crime Statistics Act 2014;

child, in relation to a person convicted of an offence, means a person who was under the age of 18 years at the time of the commission of the offence;

S. 3 def. of Child Link user inserted by No. 26/2023 s. 16(b).

Child Link user has the same meaning as in section 46A of the Child Wellbeing and Safety Act 2005;

S. 3 def. of child wellbeing information sharing entity inserted by No. 26/2023 s. 16(b).

child wellbeing information sharing entity means an information sharing entity within the meaning of section 3(1) of the Child Wellbeing and Safety Act 2005;

conviction has the meaning given by section 5;

S. 3 def. of conviction period repealed by No. 15/2026 s. 38(a).

* * * * *

S. 3 def. of Council of Law Reporting inserted by No. 26/2023 s. 16(b).

Council of Law Reporting means the Council of Law Reporting in Victoria incorporated by the Council of Law Reporting in Victoria Act 1967;

S. 3 def. of court secure treatment order inserted by No. 26/2023 s. 16(b).

court secure treatment order has the same meaning as in section 3(1) of the Sentencing Act 1991;

S. 3 def. of Court Services Victoria inserted by No. 32/2024 s. 841(1).

Court Services Victoria has the same meaning as in section 3 of the Court Services Victoria Act 2014;

criminal record, in relation to a person, means a document produced by a law enforcement agency that sets out all convictions of the person;

S. 3 def. of custodial term inserted by No. 26/2023 s. 16(b).

custodial term has the meaning given by section 5A;

S. 3 def. of de‑identified inserted by No. 26/2023 s. 16(b).

de-identified has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;

S. 3 def. of Department inserted by No. 26/2023 s. 16(b).

Department has the same meaning as in section 4(1) of the Public Administration Act 2004;

S. 3 def. of detention repealed by No. 26/2023 s. 16(a).

* * * * *

S. 3 def. of drug and alcohol treatment order inserted by No. 26/2023 s. 16(b).

drug and alcohol treatment order has the same meaning as in section 3(1) of the Sentencing Act 1991;

S. 3 def. of family violence information sharing entity inserted by No. 26/2023 s. 16(b).

family violence information sharing entity means an information sharing entity within the meaning of section 4 of the Family Violence Protection Act 2008;

foreign law means a law of a country other than Australia;

infringement conviction means an infringement notice that has taken effect as a conviction of the offence specified in the notice;

interstate law means a law of another State or a Territory or the Commonwealth;

S. 3 def. of intimate image offence inserted by No. 38/2022 s. 39(a).

intimate image offence has the same meaning as in the Criminal Procedure Act 2009;

S. 3 def. of law enforcement agency amended by No. 31/2024 s. 113(Sch. 1 item 34), substituted by No. 32/2024 s. 841(2).

law enforcement agency means any of the following—

(a)

a Victorian law enforcement agency;

(b)

the Australian Federal Police;

(c)

the police force or police service of another State or a Territory;

(d)

the Australian Criminal Intelligence Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth;

(e)

a commission established under an interstate law with the function of investigating matters relating to criminal activity generally or of a specified class or classes;

(f)

a Commonwealth or interstate agency responsible for the performance of functions or activities directed to any law enforcement function;

(g)

a Commonwealth or interstate agency responsible for the execution or implementation of an order or decision made by a court or tribunal;

(h)

a Commonwealth or interstate agency that provides correctional services;

(i)

a Commonwealth or interstate agency responsible for the protection of the public revenue under a law administered by the agency;

(j)

a prescribed person or body;

law enforcement function means—

(a)

the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or

(b)

the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such laws, or of orders made under such laws; or

(c)

the execution or implementation of an order or decision made by a court or tribunal;

S. 3 def. of member of the staff inserted by No. 32/2024 s. 841(1).

member of the staff, of Court Services Victoria, has the same meaning as in section 3 of the Court Services Victoria Act 2014;

S. 3 def. of publish inserted by No. 26/2023 s. 16(b).

publish means disseminate or provide access to the public or a section of the public by any means, including by—

(a)

publication in a book, newspaper, magazine or other written publication; or

(b)

broadcast by radio or television; or

(c)

public exhibition; or

(d)

broadcast or electronic communication;

S. 3 def. of residential treatment order inserted by No. 26/2023 s. 16(b).

residential treatment order has the same meaning as in section 3(1) of the Sentencing Act 1991;

S. 3 def. of restricted information sharing entity inserted by No. 26/2023 s. 16(b).

restricted information sharing entity has the same meaning as in section 3(1) of the Child Wellbeing and Safety Act 2005;

S. 3 def. of Sentencing Advisory Council inserted by No. 26/2023 s. 16(b).

Sentencing Advisory Council means the Sentencing Advisory Council established under Part 9A of the Sentencing Act 1991;

S. 3 def. of serious conviction amended by No. 26/2023 s. 16(c).

serious conviction means—

(a)

a conviction for which the sentence imposed includes a custodial term of more than 30 months; or

(b)

a conviction of a person for a sexual offence; or

(c)

a conviction of a person for a serious violence offence;

S. 3 def. of sexual offence amended by No. 38/2022 s. 39(b).

sexual offence has the meaning given by section 4 of the Criminal Procedure Act 2009 but does not include an intimate image offence;

serious violence offence has the same meaning as in the Serious Offenders Act 2018;

S. 3 def. of Social Services Regulator inserted by No. 58/2025 s. 69.

Social Services Regulator means the Social Services Regulator established under section 4 of the Social Services Regulation Act 2021;

S. 3 def. of spent childhood conviction inserted by No. 32/2024 s. 841(1).

spent childhood conviction means a conviction imposed on a person at 10 or 11 years of age and spent with immediate effect because of the application of section 7(1)(c);

spent conviction means—

(a)

a conviction that has become spent due to the operation of Part 2; or

(b)

a conviction under an interstate law that is spent by operation of a law of the State or Territory or the Commonwealth under the law of which the conviction is imposed;

spent conviction order means an order under section 19(1);

S. 3 def. of Statistician inserted by No. 26/2023 s. 16(b).

Statistician has the same meaning as in section 3 of the Australian Bureau of Statistics Act 1975 of the Commonwealth;

Victoria Police has the same meaning as in the Victoria Police Act 2013;

S. 3 def. of Victorian court inserted by No. 32/2024 s. 841(1).

Victorian court means any of the following—

(a)

the Supreme Court;

(b)

the County Court;

(c)

the Magistrates' Court;

(d)

the Children's Court;

(e)

the Coroners Court;

S. 3 def. of Victorian law enforcement agency inserted by No. 32/2024 s. 841(1).

Victorian law enforcement agency means any of the following—

(a)

Victoria Police;

(b)

the Adult Parole Board established under section 61 of the Corrections Act 1986;

(c)

the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004;

(d)

the Commissioner employed under section 8A of the Corrections Act 1986;

(e)

a contractor within the meaning of the Corrections Act 1986, or a subcontractor of that contractor, but only in relation to a function or duty or the exercise of a power conferred by or under that Act;

(f)

the Director, Fines Victoria employed in accordance with section 4 of the Fines Reform Act 2014;

(g)

the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad-based Anti‑corruption Commission Act 2011;

(h)

the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018;

(i)

the Secretary to the Department of Justice and Community Safety;

(j)

the Secretary to the Department of Transport and Planning;

(k)

the sheriff within the meaning of the Sheriff Act 2009;

(l)

the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011;

(m)

the Youth Parole Board within the meaning of the Children, Youth and Families Act 2005;

(n)

a Victorian agency responsible for the performance of functions or activities directed to any law enforcement function;

(o)

a Victorian agency responsible for the execution or implementation of an order or decision made by a Victorian court or Victorian tribunal;

(p)

a Victorian agency that provides correctional services;

(q)

a Victorian agency responsible for the protection of the public revenue under a law administered by the agency;

(r)

a prescribed person or body;

S. 3 def. of Victorian tribunal inserted by No. 32/2024 s. 841(1).

Victorian tribunal means—

(a)

VCAT;

(b)

the Victims of Crime Assistance Tribunal established by Part 3 of the Victims of Crime Assistance Act 1996;

(c)

the Mental Health Tribunal established under section 330 of the Mental Health and Wellbeing Act 2022;

S. 3 def. of waiting period inserted by No. 15/2026 s. 38(b).

waiting period has the meaning given by section 9;

young offender, in relation to a person who has been convicted of an offence and sentenced, means a person who is under the age of 21 years at the time of sentencing;

youth justice centre has the same meaning as in the Children, Youth and Families Act 2005;

youth residential centre has the same meaning as in the Children, Youth and Families Act 2005.

4Act binds the Crown

This Act binds the Crown—

(a)

in right of the State of Victoria; and

(b)

to the extent that the legislative power of the Parliament permits, in all its other capacities.

5Meaning of conviction

(1)

In this Act, conviction means—

(a)

a finding of guilt by a court for an offence—

(i)

whether or not a conviction is recorded by the court; and

(ii)

whether the offence is an indictable offence or a summary offence; or

(b)

an infringement conviction for an offence.

(2)

For the purposes of subsection (1)(a), a finding of guilt includes a qualified finding of guilt under section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, or a finding under a provision of an interstate law or a foreign law that corresponds to either or both of those provisions.

(3)

For the purposes of subsection (1), an offence includes an offence against an interstate law or a foreign law that, if it had been committed in Victoria, would have constituted an offence against a law of Victoria.

S. 5A inserted by No. 26/2023 s. 17.

5AMeaning of custodial term

(1)

For the purposes of this Act, a sentence imposed on a person for a conviction includes a custodial term if the sentence is or includes—

(a)

an order that the person serve a term of—

(i)

imprisonment; or

(ii)

detention in a youth justice centre or a youth residential centre; or

(b)

a court secure treatment order.

(2)

Despite subsection (1), a sentence that is or includes an order referred to in paragraph (a) or (b) of that subsection is taken to be a sentence that does not include a custodial term if the length of the custodial term is zero days.

(3)

If an aggregate sentence that includes a custodial term of a particular length is imposed on a person under section 362B of the Children, Youth and Families Act 2005 or section 9 of the Sentencing Act 1991, each conviction to which the aggregate sentence relates is taken to have a sentence that includes a custodial term of that length.

(4)

For the purposes of this Act, the length of a custodial term is to be determined in accordance with section 5B.

S. 5B inserted by No. 26/2023 s. 17.

5BHow length of custodial term to be determined

(1)

The length of a custodial term included in a sentence imposed on a person is, subject to this section, the length of time that the person is liable under that sentence—

(a)

to be imprisoned; or

(b)

to be detained in a youth justice centre or a youth residential centre; or

(c)

to be detained and treated at a designated mental health service (within the meaning of the Sentencing Act 1991).

(2)

The length of a custodial term includes any part of the custodial term during which the person is released on parole, but does not include any time to which subsection (3) applies.

(3)

Time to which this subsection applies is time—

(a)

that a sentence provides—

(i)

is to be served other than by the person being imprisoned or detained as described in subsection (1); or

(ii)

is to elapse without that imprisonment or detention occurring; and

(b)

that is served, or that elapses, in that way.

(4)

Without limiting subsection (3), time to which that subsection applies includes—

(a)

any part of the custodial part of a drug and alcohol treatment order that elapsed without being activated under Subdivision 1C of Division 2 of Part 3 of the Sentencing Act 1991; and

(b)

any part of a term of imprisonment that the person served by way of home detention in accordance with section 18ZT of the Sentencing Act 1991 (as in force before its repeal on 1 January 2011); and

(c)

any part of a term of imprisonment that the person served by way of an intensive correction order made under section 19 of the Sentencing Act 1991 (as in force before its repeal); and

(d)

any part of a term of imprisonment that the person served by way of a residential treatment order; and

(e)

any part of a term of imprisonment or detention that was suspended and that elapsed without being served in prison or detention.

(5)

The following matters do not reduce the length of a custodial term—

(a)

the fact that any period of custody is reckoned to be a period of imprisonment or detention already served;

(b)

the fact that the custodial term is served concurrently with another term of imprisonment or detention imposed for another conviction;

(c)

in the case of a court secure treatment order, the fact that any part of the duration of the order has effect as a sentence of imprisonment under section 94C(4) of the Sentencing Act 1991.

6Application of Act to past convictions

This Act applies to a conviction imposed before, on or after the day on which this Act comes into operation.

Part 2—Convictions spent by operation of this Act

Division 1—Convictions spent automatically by operation of this Act

7Convictions spent with immediate effect

(1)

Subject to subsection (2), a conviction for an offence against a law of Victoria or a foreign law by a natural person becomes spent on the day on which the person is convicted if—

S. 7(1)(a) substituted by No. 15/2026 s. 39(1).

(a)

the court makes a finding of guilt without recording a conviction; or

(b)

the conviction is a qualified finding of guilt under section 17(1)(c) or 38X(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or a finding under a provision of a foreign law that corresponds to either or both of those provisions; or

(c)

the conviction (including a serious conviction) is for an offence committed when the person was under the age of 15 years; or

(d)

the only penalty imposed on conviction is a fine imposed by the Children's Court or a court of a country other than Australia that corresponds to the Children's Court; or

S. 7(1)(da) inserted by No. 15/2026 s. 39(2).

(da)

a conviction is recorded and the person is discharged by the Children's Court or a court of a country other than Australia that corresponds to the Children's Court in accordance with a law of that country; or

(e)

the conviction is an infringement conviction or a conviction under a foreign law that corresponds to an infringement conviction.

(2)

If a court imposes a penalty with a condition attached for the conviction, the person's conviction does not become spent under this section until the person completes all conditions attached to the penalty.

(3)

For the purposes of subsection (1)(c), a serious conviction includes a conviction under a foreign law that, if it had been imposed in Victoria, would have constituted a serious conviction.

(4)

In this section—

fine means the sum of money payable by a person under an order of a court made on the person being convicted of an offence and includes any penalties, forfeitures, sums of money and costs ordered to be paid by the person fined.

S. 8 substituted by No. 15/2026 s. 40.

8Convictions spent on expiry of waiting period

A conviction for an offence against a law of Victoria or a foreign law by a natural person becomes spent on the day on which the waiting period for the conviction expires unless—

(a)

the conviction is a serious conviction; or

(b)

section 7 applies to the conviction.

S. 9 amended by No. 26/2023 s. 18, substituted by No. 15/2026 s. 40.

9Waiting period

(1)

A waiting period is a period of—

(a)

for a conviction of a child or young offender—5 years; or

(b)

for a conviction of any other person—10 years.

(2)

For the purposes of this section, the waiting period for a conviction for an offence against a foreign law is the waiting period specified in subsection (1) for a conviction for the offence under the law of Victoria that corresponds, or most closely corresponds, to that conviction.

S. 10 (Heading) amended by No. 15/2026 s. 41(1).

10Commencement and recommencement of waiting period

S. 10(1) amended by No. 15/2026 s. 41(2).

(1)

Subject to subsection (2), the waiting period for a conviction commences on the day a court makes the finding of guilt that constitutes the conviction.

S. 10(2) amended by No. 15/2026 s. 41(3).

(2)

If, after a waiting period commences for a conviction of a person (the first conviction) a subsequent conviction of the person is made during that waiting period (the subsequent conviction), the waiting period for the first conviction is taken to run from the day that the subsequent conviction is made.

(3)

Subsection (2) does not apply if the subsequent conviction is a conviction—

(a)

for which the only penalty imposed is a fine not exceeding 10 penalty units or, if the fine is imposed outside of Victoria, an amount equivalent to the value of 10 penalty units; or

(b)

for which the only penalty imposed is an order to pay an amount as restitution or compensation; or

(c)

for which no penalty is imposed; or

S. 10(3)(d) substituted by No. 15/2026 s. 41(4).

(d)

for which the court makes a finding of guilt without recording a conviction.

(4)

In this section—

fine means the sum of money payable by a person under an order of a court made on the person being convicted of an offence and includes costs, but does not include—

(a)

money payable by way of restitution or compensation; or

(b)

any costs of or incidental to an application for restitution or compensation payable by an offender under an order of a court; or

(c)

costs incurred between the parties in a civil proceeding; or

(d)

costs incurred by third parties; or

(e)

money payable by a person under an order of a court to an organisation that provides a charitable or community service or to the court for payment to such an organisation.

Division 2—Convictions spent on application

Spent Convictions Act 2021

About this Act

Regulations and instruments made under this Act

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