The scheme applies to spent convictions where a waiting period has passed and the individual in question has not re-offended.
The following conditions apply to convictions for a Commonwealth, Territory, State or foreign offence:
- it has been 10 years from the date of the conviction (or 5 years for juvenile offenders)
- the individual was not sentenced to imprisonment for more than 30 months
- the individual has not re-offended during the 10 year (5 years for juvenile offenders) waiting period
- a statutory or regulatory exclusion does not apply
The scheme also covers convictions that have been set aside or pardoned under Part VIIC of the Crimes Act 1914. An individual whose conviction is protected does not have to disclose the conviction to any person, including a Commonwealth authority.
There are some exceptions which require you to disclose a spent or protected conviction.
The Act includes specific exclusions for some positions of employment. The Attorney-General has also granted exclusions from the scheme for several categories of employment.
This means that people applying for such positions must declare all convictions, or any convictions for specific offences, as required for the specific position.
Details of exclusions should be provided to you by the employing organisation before your consent is sought to obtain a criminal history check.
More information on the correct handling of your personal information is available online from the Office of the Privacy Commissioner.