Spent Convictions Act 2021

Subject to subsection (3), a person or body must not use a spent childhood conviction or information relating to a spent childhood conviction for any of the following purposes—

to refuse, revoke, suspend or terminate the accreditation, clearance, employment, licence or registration of the person who is the subject of the spent childhood conviction;

to refuse, revoke, suspend or terminate any appointment, privilege or status of the person who is the subject of the spent childhood conviction.

In the application to a person of an Act, subordinate instrument or agreement for the purposes of exercising a power described in subsection (1)(a) or (b)—

a reference to a conviction, however expressed, is to be taken not to refer to a spent childhood conviction; and

a reference to a person's character or fitness, however expressed, is not to be taken as allowing or requiring account to be taken of a spent childhood conviction.

Subsection (1) does not apply to the use of a spent childhood conviction or related information by—

any of the following persons or bodies in performing a function or duty imposed by, or exercising a power conferred under, the Child Wellbeing and Safety Act 2005—

a child wellbeing information sharing entity;

a restricted information sharing entity;

a Child Link user;

a person who is disclosed information under section 41Y of the Child Wellbeing and Safety Act 2005, if the use of the spent childhood conviction or related information is for the purposes of managing a risk to a child's safety;

any of the following persons or bodies in performing a function or duty imposed by, or exercising a power conferred under, the Family Violence Protection Act 2008—

a family violence information sharing entity;

the Central Information Point;

an authorised Hub entity;

a person who is disclosed information under section 144M of the Family Violence Protection Act 2008, if the use of the spent childhood conviction or related information is for a family violence protection purpose within the meaning of that Act;

any of the following persons in the performance or exercise of an administrative function or power of a Victorian court or Victorian tribunal—

an employee or member of the staff of the Victorian court or a Victorian tribunal;

a member of the staff or a contractor of Court Services Victoria;

for the purposes of administering, overseeing and monitoring the reportable conduct scheme, the Social Services Regulator;

a law enforcement agency that is not a Victorian law enforcement agency or an employee, contractor or member of a law enforcement agency that is not a Victorian law enforcement agency;

a court or tribunal that is not a Victorian court or a Victorian tribunal;

a public body of another State or a Territory or the Commonwealth;

a prescribed person or body for a prescribed purpose.