1Objective

The objective of these Regulations is to prescribe—

Reg. 1(a) amended by S.R. No. 78/2025 reg. 5(b).

(a)

additional persons and bodies to whom spent convictions or information contained in criminal records may be disclosed; and

Reg. 1(b) amended by S.R. No. 78/2025 reg. 5(b)(c).

(b)

the content and process for applications to the Magistrates' Court for a spent conviction order; and

Reg. 1(c) inserted by S.R. No. 78/2025 reg. 5(d).

(c)

disclosures to which section 24A of the Spent Convictions Act 2021 does not apply; and

Reg. 1(d) inserted by S.R. No. 78/2025 reg. 5(d).

(d)

uses of information to which sections 24C and 24D of the Spent Convictions Act 2021 do not apply; and

Reg. 1(e) inserted by S.R. No. 78/2025 reg. 5(d).

(e)

the form in which notice of a spent childhood conviction under section 24A(2) of the Spent Convictions Act 2021 must be given.

2Authorising provision

These Regulations are made under section 26 of the Spent Convictions Act 2021.

3Commencement

These Regulations come into operation on 1 December 2021.

4Definitions

In these Regulations—

local council means a Council within the meaning of the Local Government Act 2020;

Reg. 4 def. of national police check inserted by S.R. No. 49/2022 reg. 6.

national police check means a search of the records held by Victoria Police, the police forces and services of other States and Territories and the Australian Federal Police to determine the criminal history of a person;

Reg. 4 def. of Roads Corporation revoked by S.R. No. 78/2025 reg. 6(1).

* * * * *

Reg. 4 def. of Service Victoria inserted by S.R. No. 49/2022 reg. 6.

Service Victoria has the same meaning as in the Service Victoria Act 2018;

Reg. 4 def. of Service Victoria CEO inserted by S.R. No. 49/2022 reg. 6.

Service Victoria CEO has the same meaning as in the Service Victoria Act 2018;

the Act means the Spent Convictions Act 2021;

Reg. 4 def. of Transport Secretary inserted by S.R. No. 78/2025 reg. 6(2).

Transport Secretary means the Secretary to the Department of Transport and Planning;

vehicle has the same meaning as in the Road Safety Act 1986.

5Use 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 regulation if—

(a)

that person or body is obtaining the criminal record, or information contained in the criminal record, in the performance of a function specified in respect of that person or body in column 2 of the Table; and

(b)

that function is performed under a law specified in respect of that function in column 3 of the Table.

Reg. 5 (Table 1) amended by S.R. Nos 49/2022 reg. 7, 118/2026 reg. 5.

Table 1—Specified disclosures

Column 1	Column 2	Column 3

Public body of another State or a Territory that corresponds to the Department of Justice and Community Safety

National Disability Insurance Scheme worker screening or working with children worker screening

An interstate law that corresponds (or most closely corresponds) to the Worker Screening Act 2020

Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018

Information sharing as an information sharing entity

Child Wellbeing and Safety Act 2005

Family Violence Protection Act 2008

Juries Commissioner within the meaning of the Juries Act 2000

Determining a person's qualification for jury service

Juries Act 2000

Principal officer of an Aboriginal agency acting under section 18 of the Children, Youth and Families Act 2005

Assessment of a person to provide care to a child

Children, Youth and Families Act 2005

Regulatory Authority within the meaning of the Children's Services Act 1996

Determining whether a person is (or continues to be) a fit and proper person to be involved in the provision of a children's service

Children's Services Act 1996

Regulatory Authority within the meaning of the Education and Care Services National Law (Victoria)

Determining whether a person is (or continues to be) a fit and proper person to be involved in the provision of an education and care service

Education and Care Services National Law (Victoria)

Secretary to the Department of Justice and Community Safety

Appointment of a judicial officer or appointment of a Tribunal member

County Court Act 1958

Constitution Act 1975

Supreme Court Act 1986

Magistrates' Court Act 1989

Victorian Civil and Administrative Tribunal Act 1998

Children, Youth and Families Act 2005

Coroners Act 2008

Secretary to the Department of Justice and Community Safety

Approval of a person to adopt a child

Adoption Act 1984

Secretary to the Department of Justice and Community Safety

National Disability Insurance Scheme worker screening or working with children worker screening

Worker Screening Act 2020

Victorian Commission for Gambling and Liquor Regulation

Liquor licensing and regulation of liquor licensees and associates

Liquor Control Reform Act 1998

Victorian Disability Worker Commissioner

Regulation of unregistered disability workers

Disability Service Safeguards Act 2018

Victorian Disability Worker Commission established under section 21(1) of the Disability Service Safeguards Act 2018

Information sharing as an information sharing entity

Child Wellbeing and Safety Act 2005

Family Violence Protection Act 2008

Victorian Legal Services Board, or the Victorian Bar in accordance with authority conferred by the Victorian Legal Services Board to perform delegated functions

Regulation of the Australian legal profession in Victoria

Legal Profession Uniform Law Application Act 2014

Victorian Legal Services Commissioner

Regulation of the Australian legal profession in Victoria

Legal Profession Uniform Law Application Act 2014

Firearms Appeals Committee established under Part 9 of the Firearms Act 1996

Reviewing a decision of the Chief Commissioner of Police

Firearms Act 1996

Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013

Determining whether a person is a suitable person to hold a licence in relation to dangerous goods

Dangerous Goods Act 1985

Reg. 5A inserted by S.R. No. 49/2022 reg. 8.

5AUse of criminal record information for licensing and registration

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 that is authorised to perform a licensing or registration function (however described) under any Act if—

(a)

the person or body is obtaining the criminal record, or information contained in the criminal record, in the performance of the licensing or registration function under that Act; and

(b)

in relation to that function, a person or entity is automatically disqualified or ineligible for the licence or registration (however described) if the person, or an officer of the person or entity, is convicted or found guilty of an offence in relation to which a conviction may be spent under the Act.

Reg. 5B inserted by S.R. No. 49/2022 reg. 8.

5BUse of criminal record information by specified persons and bodies performing a function of another person or body

(1)

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 subregulation (2) (the specified person or body) if—

(a)

the specified person or body is obtaining the criminal record, or information contained in the criminal record, in the performance of a function—

(i)

that another person or body has transferred or delegated to the specified person or body in accordance with the Act under which the specified person or body or the other person or body performs the function; or

(ii)

that another person or body, in accordance with the Act under which the specified person or body or the other person or body performs the function, has agreed in writing or authorised that the specified person or body is to perform the function; or

(iii)

that the specified person or body is directed to perform in accordance with the Act under which the specified person or body or another person or body performs the function; and

(b)

a law enforcement agency may, during the disclosure of a criminal record or information contained in a criminal record, disclose a spent conviction to a person or body under section 22 of the Act or these Regulations for the purposes of performing that function.

(2)

The following persons and bodies are specified—

(a)

the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;

(b)

Service Victoria;

(c)

the Service Victoria CEO.

Reg. 6 (Heading) amended by S.R. No. 78/2025 reg. 7(1).

Reg. 6 amended by S.R. No. 78/2025 reg. 7(2).

6 Disclosure of criminal record information by Transport Secretary or relevant person—specified functions under Road Safety Act 1986

The Transport Secretary or a relevant person within the meaning of section 90I of the Road Safety Act 1986 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 end of this regulation if—

(a)

the disclosure is made under Part 7B of the Road Safety Act 1986; and

(b)

the disclosure is made for the purposes of performing a function described in the provision specified in column 2 of the Table in respect of that person or body.

Reg. 6 (Table 2) amended by S.R. No. 78/2025 reg. 7(3)(4).

Table 2—Specified disclosures by Transport Secretary or relevant person

Column 1	Column 2

The person to whom the criminal record relates (or their authorised representative)

A Department within the meaning of the Public Administration Act 2004

A public entity within the meaning of the Public Administration Act 2004

A holder of an authorisation, permission or approval (however described) under section 33 or 50AAE or Part 3A, 5A or 6AB of the Road Safety Act 1986

A person authorised under regulation 10 or 11 of the Road Safety (Vehicles) Regulations 2021

A vehicle manufacturer

Section 90K(a)(i) of the Road Safety Act 1986

A person or body that has entered into an information protection agreement with the Transport Secretary under section 90N of the Road Safety Act 1986

Section 90K(a)(iii) of the Road Safety Act 1986

A person or body that has entered into an information protection agreement with the Transport Secretary under section 90N of the Road Safety Act 1986

Section 90K(a)(iv) of the Road Safety Act 1986

The Commonwealth Department of Home Affairs

A law enforcement agency

A corresponding Authority within the meaning of section 3(1) of the Road Safety Act 1986

Section 90K(a)(vi) of the Road Safety Act 1986

A law enforcement agency

A Department within the meaning of the Public Administration Act 2004

A public entity within the meaning of the Public Administration Act 2004

Section 90K(b) of the Road Safety Act 1986

The person to whom the criminal record relates (or their authorised representative)

A corresponding Authority within the meaning of section 3(1) of the Road Safety Act 1986

A vehicle insurer

A registered operator within the meaning of section 3(1) of the Road Safety Act 1986

The Transport Accident Commission established under the Transport Accident Act 1986

A local council

Section 90K(d) of the Road Safety Act 1986

A law enforcement agency

A court

An employer or a prospective employer of the person to whom the criminal record relates

Note to reg. 6 revoked by S.R. No. 78/2025 reg. 7(5).

* * * * *

Reg. 7 (Heading) amended by S.R. No. 78/2025 reg. 8(1).

7 Disclosure of criminal record information by Transport Secretary or relevant person—exceptional circumstances under Road Safety Act 1986

Reg. 7(1) amended by S.R. No. 78/2025 reg. 8(2).

(1)

The Transport Secretary or a relevant person within the meaning of section 90I of the Road Safety Act 1986 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 subregulation (2) if the disclosure is made under Part 7B of the Road Safety Act 1986 for a permitted purpose within the meaning of section 90L of that Act.

(2)

The following persons and bodies are specified—

(a)

a law enforcement agency;

(b)

a Department within the meaning of the Public Administration Act 2004;

(c)

a public entity within the meaning of the Public Administration Act 2004.

Reg. 8 (Heading) amended by S.R. No. 78/2025 reg. 9(1).

8 Disclosure of criminal record information by Transport Secretary or relevant person—verification of information under Road Safety Act 1986

Reg. 8(1) amended by S.R. No. 78/2025 reg. 9(2).

(1)

The Transport Secretary or a relevant person within the meaning of section 90I of the Road Safety Act 1986 may disclose a spent conviction as part of the disclosure of a criminal record of a person, or information contained in the criminal record of a person, to a person or body specified in subregulation (2) if the disclosure is made under Part 7B of the Road Safety Act 1986 for the purposes of performing a function under section 90M of that Act.

(2)

The following persons and bodies are specified—

Reg. 8(2)(a) amended by S.R. No. 78/2025 reg. 9(3).

(a)

a person or body that has entered into a service agreement referred to in section 90M(2)(a) of the Road Safety Act 1986 with the Transport Secretary;

(b)

a corresponding Authority within the meaning of section 3(1) of the Road Safety Act 1986;

(c)

an employer or a prospective employer of the person to whom the criminal record relates.

Reg. 9 inserted by S.R. No. 49/2022 reg. 9.

9Content of application for a spent conviction order

An application under section 11(1) of the Act must be accompanied by—

(a)

a statement in the form of a signed declaration by the applicant that all information provided in the application form and attached materials is true and correct; and

(b)

a national police check dated within 6 months of the date on which the application is made.

Reg. 10 inserted by S.R. No. 49/2022 reg. 9.

10Prescribed information

For the purposes of section 12(1)(d) of the Act, the following is prescribed information—

Reg. 10(a) amended by S.R. No. 118/2026 reg. 6.

(a)

any conviction the applicant has received during the waiting period;

(b)

the date of any previous application for a spent conviction order made by the applicant in relation to the conviction that is the subject of the application;

(c)

the applicant's contact information.

Reg. 11 inserted by S.R. No. 49/2022 reg. 9, revoked by S.R. No. 118/2026 reg. 7.

* * * * *

Reg. 12 inserted by S.R. No. 78/2025 reg. 10.

12Disclosures to which section 24A(1) and (2) do not apply

For the purposes of section 24A(4)(g) of the Act, in relation to a disclosure specified in column 1 of the Table at the end of this regulation—

(a)

the person or body specified in column 2 of the Table is prescribed; and

(b)

the purpose specified in column 3 of the Table is prescribed.

Table 3—Disclosures to prescribed persons for prescribed purposes

Column 1	Column 2	Column 3

A disclosure under regulation 5 by a law enforcement agency

A public body of another State or a Territory that corresponds to the Department of Justice and Community Safety

National Disability Insurance Scheme worker screening or working with children worker screening under an interstate law that corresponds (or most closely corresponds) to the Worker Screening Act 2020

The Secretary to the Department of Justice and Community Safety

Approval under the Adoption Act 1984 of a person to adopt a child

A disclosure under regulation 6 by the Transport Secretary or a relevant person within the meaning of section 90I of the Road Safety Act 1986

A corresponding Authority within the meaning of section 3(1) of the Road Safety Act 1986

Performing functions under section 90K(a)(vi) or (d) of the Road Safety Act 1986

A person or body that has entered into an information protection agreement with the Transport Secretary under section 90N of the Road Safety Act 1986

Performing functions under section 90K(a)(iii) of the Road Safety Act 1986

An employer or prospective employer of the person to whom the criminal record relates if that employer or prospective employer resides outside of Victoria

Performing functions under section 90K(d) of the Road Safety Act 1986

A disclosure under regulation 8 by the Transport Secretary or a relevant person within the meaning of section 90I of the Road Safety Act 1986

A corresponding Authority within the meaning of section 3(1) of the Road Safety Act 1986

Performing functions under section 90M of the Road Safety Act 1986

An employer or prospective employer of the person to whom the criminal record relates if that employer or prospective employer resides outside of Victoria

Reg. 13 inserted by S.R. No. 78/2025 reg. 10.

13Uses of spent childhood conviction information to which section 24C(1) does not apply—civil or criminal proceedings

For the purposes of section 24C(2)(d) of the Act, the following purposes are prescribed—

(a)

performing a function or duty imposed by, or exercising a power conferred under, a Commonwealth law;

(b)

performing a function or duty imposed by, or exercising a power conferred under, the Adoption Act 1984 in relation to the approval of an applicant for an adoption order;

(c)

performing a function or duty imposed by, or exercising a power conferred under, the Worker Screening Act 2020.

Reg. 14 inserted by S.R. No. 78/2025 reg. 10.

14Uses of spent childhood conviction information to which section 24D(1) does not apply

For the purposes of section 24D(3)(j) of the Act—

(a)

the person or body specified in column 1 of the Table at the end of this regulation is prescribed; and

(b)

the purpose specified in column 2 of the Table at the end of this regulation in relation to that person or body is prescribed.

Table 4—Permitted use of spent childhood conviction information

Column 1	Column 2

A principal officer of an Aboriginal agency acting under section 18 of the Children, Youth and Families Act 2005

Assessment of a person to provide care to a child for the purposes of the Children, Youth and Families Act 2005

The Secretary to the Department of Families, Fairness and Housing

Community services within the meaning of the Children, Youth and Families Act 2005

The Secretary to the Department of Government Services

National Disability Insurance Scheme worker screening or working with children worker screening for the purposes of the Worker Screening Act 2020

The Secretary to the Department of Justice and Community Safety

Approval under the Adoption Act 1984 of a person to adopt a child

An employer or prospective employer of the person to whom the spent childhood conviction information relates, if the employer or prospective employer resides outside Victoria and received the information under section 90K(d) of the Road Safety Act 1986

A purpose for which consent has been given by the person to whom the spent childhood conviction information relates (or their authorised representative)

Reg. 15 inserted by S.R. No. 78/2025 reg. 10.

Spent Convictions Regulations 2021

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