Definitions

In force

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 of conviction period repealed by No. 15/2026 s. 38(a).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

Regulations

This provision refers to the regulations (prescribed person). Made under this Act:

Spent Convictions Regulations 2021 · under section 26

This Act’s bill:Explanatory memorandum Second reading speech

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3 Definitions