Restriction on use of spent childhood conviction in civil or criminal proceeding
24C Restriction on use of spent childhood conviction in civil or criminal proceeding
Subject to subsection (2), in a civil or criminal proceeding, a Victorian court or a Victorian tribunal must not use a party's spent childhood conviction, or information about the conduct to which a party's spent childhood conviction relates, for the purposes of assessing the party's character in a way that is adverse to the party.
Subsection (1) does not apply to the use of a spent childhood conviction or related information for any of the following purposes—
performing a function or duty imposed by, or exercising a power conferred under, the Children, Youth and Families Act 2005 in relation to the protection or therapeutic treatment of a child, including any of the following—
conducting a proceeding under Chapter 4 of that Act;
making an order under Chapter 4 of that Act;
referring a matter for investigation under Division 2 of Part 5.2 of that Act;
performing a function or duty imposed by, or exercising a power conferred under, the Family Violence Protection Act 2008;
performing a function or duty imposed by, or exercising a power conferred under, the Child Wellbeing and Safety Act 2005;
This provision refers to the regulations (prescribed purpose
). Made under this Act:
- Youth Justice Regulations 2025 · under section 766
This Act’s bill:Explanatory memorandumSecond reading speech
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