Spent Convictions Act 2021

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—

to be imprisoned; or

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

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

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.

Time to which this subsection applies is time—

that a sentence provides—

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

is to elapse without that imprisonment or detention occurring; and

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

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

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

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

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

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

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

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

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

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

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.