The Law Handbook 2024

242 SECTION 3: Fines, infringements and criminal law driver history report may be given to employers, prospective employers and vehicle insurers (with your consent) or you can ask for VicRoads to give it to you. Offences outside Victoria Police checks are conducted nationally. If a record is obtained by Victoria Police from another Australian state or territory police force, the relevant spent conviction scheme is applied (as well as Victorian spent convictions laws) before the disclosable convictions are released. Spent convictions In Australia, under various Commonwealth, state and territory legislation, a person has the right – in particular circumstances or for a particular purpose – to not disclose certain convictions (e.g. findings of guilt that occurred a certain number of years ago). These convictions are widely referred to as ‘spent’ or ‘rehabilitated’ convictions. These convictions will not appear on most criminal records checks (i.e. police checks). However, in some circumstances, the police and courts will still be able to share your spent conviction with other government departments or agencies. Spent conviction laws cover federal offences and offences committed in every state and territory. Y ou should contact the police of the state or territory where you may have committed an offence to obtain further information about their release policies and legislation. Spent conviction laws in Australian jurisdictions may allow you to withhold information about any spent convictions except if applying for certain jobs. Different rules apply in different Australian states and territories, but the exceptions usually involve applications for jobs in justice and law enforcement, or jobs that involve working with children, the elderly or vulnerable people. If spent convictions legislation prohibits an administrative decision-maker (e.g. a regulator or licensing authority) from taking a spent conviction into account when making a decision, then the Administrative Appeals Tribunal may not take that spent conviction into account when undertaking a merits review of the decision (see Frugtniet v Australian Security & Investments Commission [2019] HCA 16). Victoria’s Spent Convictions Scheme Victoria now has a Spent Convictions Scheme. The scheme means that the disclosure of criminal records is controlled by the Spent Convictions Act 2021 (Vic) so that: • spent convictions do not appear on your police check (unless an exemption applies); • no one can ask you to disclose information about your spent conviction (except where another law permits this); • you do not have to disclose that you have a criminal record if you only have spent convictions (except in certain circumstances); • it is unlawful to discriminate against you because of your spent conviction; • people who unlawfully collect or disclose spent convictions face penalties. How do convictions become spent? Under the Spent Convictions Act 2021 (Vic), there are three ways a conviction can be spent: 1 Immediately on the day you were found guilty or after you complete any imposed conditions; or 2 If you have not been convicted of another offence for 10 years (adults) or five years (young people); or 3 On application to the Magistrates’ Court. The category you fall into depends on: • how old you were at the time of the offence or sentencing; and • what offence you were convicted for; and • what sentence you received. Convictions that are spent immediately Convictions for offending committed before a person turned 15 are automatically spent. Sentences where no conviction is recorded are spent immediately. An infringement conviction (fine) is spent immediately. A qualified finding of guilt (such as a finding of not guilty by reason of mental impairment) is spent immediately. Many convictions are spent immediately from the date any conditions on the penalty are completed. For example, if your sentence was an adjourned undertaking with a condition to be of good behaviour for a period of 12 months, your conviction would be spent after 12 months being of good behaviour.