Use of criminal record information by specified persons and bodies
22 Use of criminal record information by specified persons and bodies
A law enforcement agency 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 a person or body specified in column 1 of the Table at the foot of this section if—
that person or body is obtaining the criminal record, or information contained in the criminal record, in performance of a function specified in respect of that person or body in column 2 of the Table; and
that function is performed under a law specified in respect of that function in column 3 of the Table.
S. 22(2) amended by No. 26/2023 s. 21(1).
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 a prescribed person or body if the prescribed person or body is performing a prescribed function under a prescribed law.
A person or body specified in column 1 of the Table at the foot of this section or a prescribed person or body may disclose information that relates to a spent conviction—
to a court or tribunal in the course of legal proceedings; or
pursuant to an order of a court or tribunal; or
to the extent reasonably required to enable the investigation or the enforcement of a law of Victoria or an interstate law; or
to a person or body established under an interstate law with functions or powers that correspond with the functions or powers of the Chief Commissioner of Police under this Act; or
S. 22(3)(e) amended by No. 26/2023 s. 21(2)(a).
to an Australian legal practitioner for the purpose of obtaining legal advice or representation; or
S. 22(3)(f) inserted by No. 26/2023 s. 21(2)(b).
to a prescribed person or body for a prescribed purpose.
Subsections (1), (2) and (3) apply to a disclosure of a spent conviction by a person acting in the course of the person's duty who is—
S. 22(4)(a) substituted by No. 26/2023 s. 21(3).
employed or contracted by—
a law enforcement agency; or
a court or tribunal; or
a person or body specified in column 1 of the Table at the foot of this section; or
a prescribed person or body.
a member of a law enforcement agency.
S. 22 (Table 1) amended by Nos 22/2022 s. 88, 26/2022 s. 59, substituted by No. 26/2023 s. 21(4), amended by Nos 34/2023 s. 127(Sch. 1 item 14), 51/2024 s. 72, 58/2025 s. 70.
Table 1—Specified disclosures
Column 1 | Column 2 | Column 3 |
|---|
A public body of another State or a Territory that corresponds to the Social Services Regulator | WWC check | An interstate law that corresponds (or most closely corresponds) to the Worker Screening Act 2020 |
A public body of another State or a Territory that corresponds to the Social Services Regulator | NDIS check | An interstate law that corresponds (or most closely corresponds) to the Worker Screening Act 2020 |
Australian Health Practitioner Regulation Agency | Registration and accreditation of health professionals | Health Practitioner Regulation National Law |
Business Licensing Authority | Licensing | Sex Work Act 1994 |
Safe Transport Victoria | Bus driver accreditation | Transport (Compliance and Miscellaneous) Act 1983 |
Safe Transport Victoria | Driver accreditation | Commercial Passenger Vehicle Industry Act 2017 |
Social Services Regulator | Administering, overseeing and monitoring the reportable conduct scheme | Child Wellbeing and Safety Act 2005 |
Commissioner employed under section 8A of the Corrections Act 1986 | Employment or contracting of a person | Public Administration Act 2004 |
Commissioner employed under section 8A of the Corrections Act 1986 | Employment or contracting of a person | Corrections Act 1986 |
Community services within the meaning of the Children, Youth and Families Act 2005 | Assessment of a person to provide care to a child | Children, Youth and Families Act 2005 |
Court Services Victoria | Employment of staff | Court Services Victoria Act 2014 |
Court Services Victoria | Employment of staff | Public Administration Act 2004 |
Safe Transport Victoria within the meaning of section 3 of the Transport Integration Act 2010 | Bus operator accreditation | Bus Safety Act 2009 |
Safe Transport Victoria within the meaning of section 3 of the Transport Integration Act 2010 | Issuing permissions | Marine Safety Act 2010 |
Disability Worker Registration Board of Victoria | Registration and regulation of registered disability workers and disability students | Disability Service Safeguards Act 2018 |
Head, Transport for Victoria | Driving instructor authority | Road Safety Act 1986 |
Independent Broad-based Anti-corruption Commission | Employment of staff and engagement of consultants | Independent Broad‑based Anti‑corruption Commission Act 2011 |
Office of the Victorian Information Commissioner | Employment of staff | Freedom of Information Act 1982 |
Office of the Victorian Information Commissioner | Employment of staff | Public Administration Act 2004 |
Professional Boxing and Combat Sports Board | Licensing | Professional Boxing and Combat Sports Act 1985 |
Registrar of Marriage Celebrants | Registration of marriage celebrants | Marriage Act 1961 of the Commonwealth |
Registrar of Ministers of Religion | Registration of marriage celebrants | Marriage Act 1961 of the Commonwealth |
Regulator within the meaning of the Tobacco Act 1987 | Licensing | Tobacco Act 1987 |
Secretary to the Department of Education | Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity | Child Wellbeing and Safety Act 2005 |
Secretary to the Department of Education | Information sharing as a family violence information sharing entity | Family Violence Protection Act 2008 |
Secretary to the Department of Families, Fairness and Housing | Assessment of a person to provide care to a child | Children, Youth and Families Act 2005 |
Secretary to the Department of Families, Fairness and Housing | Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity | Child Wellbeing and Safety Act 2005 |
Secretary to the Department of Families, Fairness and Housing | Information sharing as a family violence information sharing entity | Family Violence Protection Act 2008 |
Secretary to the Department of Families, Fairness and Housing | Assessment of a person's suitability for admission to a residential treatment facility and preparation of a plan of available services | Sentencing Act 1991 |
Secretary to the Department of Families, Fairness and Housing | Reporting to a court on the efficacy of a supervision order and treatment | Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 |
Social Services Regulator | WWC check | Worker Screening Act 2020 |
Social Services Regulator | NDIS check | Worker Screening Act 2020 |
Secretary to the Department of Home Affairs of the Commonwealth | Immigration | Migration Act 1958 of the Commonwealth |
Secretary to the Department of Jobs, Skills, Industry and Regions | Licensing for low-THC cannabis authorities | Drugs, Poisons and Controlled Substances Act 1981 |
Secretary to the Department of Jobs, Skills, Industry and Regions | Licensing for poppy cultivation licences and poppy processing licenses | Drugs, Poisons and Controlled Substances Act 1981 |
Secretary to the Department of Justice and Community Safety | Appointment of honorary justices | Honorary Justices Act 2014 |
Secretary to the Department of Justice and Community Safety | Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity | Child Wellbeing and Safety Act 2005 |
Secretary to the Department of Justice and Community Safety | Information sharing as a family violence information sharing entity | Family Violence Protection Act 2008 |
Secretary within the meaning of the Narcotic Drugs Act 1967 of the Commonwealth | Licensing | Narcotic Drugs Act 1967 of the Commonwealth |
Victoria Police | Employment or contracting of a person | Public Administration Act 2004 |
Victoria Police | Employment or contracting of a person | Victoria Police Act 2013 |
Victoria Police | Information sharing as a child wellbeing information sharing entity or a restricted information sharing entity | Child Wellbeing and Safety Act 2005 |
Victoria Police | Information sharing as a family violence information sharing entity | Family Violence Protection Act 2008 |
Victoria Police | Licensing | Firearms Act 1996 |
Victoria Police | Licensing | Private Security Act 2004 |
Victorian Gambling and Casino Control Commission | Issuing licences | Gambling Regulation Act 2003 |
Victorian Gambling and Casino Control Commission | Granting licences | Casino Control Act 1991 |
Victorian Disability Worker Commission | Regulation of registered disability workers and disability students | Disability Service Safeguards Act 2018 |
Victorian Disability Worker Commission | Regulation of unregistered disability workers | Disability Service Safeguards Act 2018 |
Victorian Institute of Teaching | Regulating members of the teaching profession | Education and Training Reform Act 2006 |
Victorian Legal Admissions Board | Admission to the Australian legal profession in Victoria | Legal Profession Uniform Law Application Act 2014 |
S. 22A inserted by No. 26/2023 s. 22.
This provision refers to the regulations (prescribed person
, prescribed purpose
). Made under this Act:
- Spent Convictions Regulations 2021 · under section 26
This Act’s bill:Explanatory memorandumSecond reading speech
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