Use of criminal record information by specified persons and bodies
5 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 regulation if—
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
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.
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