Use of criminal record information by specified persons and bodies performing a function of another person or body
5B Use of criminal record information by specified persons and bodies performing a function of another person or body
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—
the specified person or body is obtaining the criminal record, or information contained in the criminal record, in the performance of a function—
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
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
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
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.
The following persons and bodies are specified—
the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;
Service Victoria;
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—
the disclosure is made under Part 7B of the Road Safety Act 1986; and
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).
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.
The following persons and bodies are specified—
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.
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).
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.
The following persons and bodies are specified—
Reg. 8(2)(a) amended by S.R. No. 78/2025 reg. 9(3).
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;
a corresponding Authority within the meaning of section 3(1) of the Road Safety Act 1986;
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.
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