Spent Convictions Act 2021

A law enforcement agency or a court or tribunal may disclose a spent conviction as part of the disclosure of the criminal record of a person, or information contained in the criminal record of a person—

to another law enforcement agency, court or tribunal—

for the purposes of performing a function or exercising a power under any Act; or

for the purposes of enabling the other law enforcement agency, court or tribunal to perform a function or exercise a power under any Act; or

for the purposes of performing a law enforcement function; or

to any person or body, including the following, for the purpose of that person or body conducting research, statistical analysis or modelling—

the Australian Bureau of Statistics;

the Chief Statistician;

the Statistician;

the Sentencing Advisory Council;

the Secretary of a Department.

On the request of the person to whom a criminal record relates, a law enforcement agency or a court or tribunal may disclose a spent conviction or information contained in the criminal record to that person.

A court or tribunal may collect or use, or disclose to any person as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction—

in the course of a legal proceeding before a court or tribunal; and

in the course of publication or dissemination of decisions of the court or tribunal.

A court or tribunal may collect or use, or disclose as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction—

to the Council of Law Reporting or a licensee of the Council for the purpose of preparing or publishing—

a decision of a court or tribunal; or

a report of a proceeding in a court or tribunal; or

to a person or body given access to a record kept by or on behalf of a court or tribunal—

by or under any other enactment; or

at the discretion of a court in the exercise of its implied jurisdiction and, in the case of the Supreme Court, its inherent jurisdiction.

The Commissioner employed under section 8A of the Corrections Act 1986 may collect or use, or disclose to any person as part of the disclosure of the criminal record of a person or information contained in the criminal record of a person, a spent conviction or information relating to a spent conviction if the collection, use or disclosure is in accordance with, or for the purposes of performing a function or exercising a power under, Corrections legislation or Corrections‑related legislation within the meaning of section 104ZX of the Corrections Act 1986.

Subsections (1) and (2) apply to the disclosure of a spent conviction or information relating to a spent conviction by a person who is—

employed or contracted by a law enforcement agency or a member of a law enforcement agency; and

acting in the course of the person's duty.

Subsections (1), (2), (3) and (3A) apply to the collection, use or disclosure of a spent conviction or information relating to a spent conviction by a person who is—

employed or contracted by a court or tribunal; and

acting in the course of the person's duty.