Western Australia

Spent Convictions Act 1988

Spent Convictions Regulations 1992

Reprint 2: The regulations as at 16 May 2008

Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

•removed (because it was repealed or deleted from the law); or

•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

Reprint numbering and date

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2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

Reprinted under the Reprints Act 1984 as

at 16 May 2008

Western Australia

Spent Convictions Regulations 1992

CONTENTS

1.Citation1

2.Commencement1

3.“Minor punishment”, amount prescribed (Act s. 3)1

5.Application form prescribed for section 7(1)1

6.Notice under section 33(2)2

Schedule 1

Schedule 2

Notes

Compilation table10

	Reprinted under the Reprints Act 1984 as
	at 16 May 2008

Western Australia

Spent Convictions Act 1988

Spent Convictions Regulations 1992

1.Citation

These regulations may be cited as the Spent Convictions Regulations 1992 1.

2.Commencement

These regulations come into operation on the day on which the Act comes into operation 1.

3.“Minor punishment”, amount prescribed (Act s. 3)

For the purposes of the definition of “minor punishment” in section 3 of the Act, the amount of $500 is prescribed.

[Regulation 3 inserted in Gazette 4 Nov 2005 p. 5318.]

[4.Repealed in Gazette 4 Nov 2005 p. 5318.]

5.Application form prescribed for section 7(1)

The form of application set out in Schedule 1 is prescribed for the purposes of section 7(1) of the Act.

6.Notice under section 33(2)

The form of notice set out in Schedule 2 is prescribed for the purposes of section 33(2) of the Act.

Schedule 1

[r. 5]

[Heading inserted in Gazette 1 Apr 2008 p. 1280.]

SPENT CONVICTIONS ACT 1988 — SECTION 7(1)

APPLICATION FOR CERTIFICATE THAT LESSER CONVICTION IS SPENT

Particulars of applicant — 

SURNAME: .........................................................................................................

OTHER NAMES: ................................................................................................

ANY NAME PREVIOUSLY USED (ALIAS): ..................................................

DATE OF BIRTH: ......../......../........ PLACE OF BIRTH: .................................

RESIDENTIAL ADDRESS: ...............................................................................

...............................................................................

POSTAL ADDRESS (If different from above): .................................................

.................................................

I apply to the Commissioner of Police for a certificate that any lesser Western Australian convictions that may be eligible in accordance with the Spent Convictions Act 1988 are spent.

Signature of applicant: ___________________________________

(To be signed in the presence of an authorised witness*)

* see Information for Applicant

Declaration of authorised witness —

I declare that I have —

·sighted original identification documentation that confirms the identity of the applicant; and

·witnessed the applicant’s signature.

Signature of witness: ____________________________________

Full name of witness: ____________________________________

Authority of witness: ____________________________________

Date: / /

INFORMATION FOR APPLICANT

1.Use of this form

This form is only to be used for lesser convictions for offences against the law of Western Australia .

A lesser conviction is one for which imprisonment for one year or less, and a fine of less than $15 000, was imposed.

All other convictions only become spent by order of the District Court.

2.When application can be made

An application for a certificate that a lesser conviction is spent cannot be made until a period has expired after the conviction without any further conviction being incurred (unless no punishment or only a fine of $500 or less was awarded for the further conviction).

The period is 10 years plus any period of imprisonment relevant to the conviction.

There are rules in the Spent Convictions Act 1988 section 11 for working out this period.

The period is different if there is a subsequent conviction.

3.Witnessing the signature of applicant

The following persons are authorised to witness the applicant’s signature —

·an Australia Post officer;

·a police officer;

·any other person listed in the Oaths, Affidavits and Statutory Declarations Act 2005 Schedule 2.

4.Evidence of identity

Identification documents to a value of 100 points, as set out below must be produced and sighted by the person witnessing the applicant’s signature. At least one identification document must include a photograph of the applicant.

Primary Identification

70 points for each document produced —

·Birth certificate (not extract of birth)

·Australian passport (current or expired within last 2 years)

·Current overseas passport

·Australian citizenship certificate.

Secondary Identification

Category 1

40 points for the first document produced;

25 points for each additional document produced —

·Drivers’ licence with photo identity issued under the Road Traffic Act 1974, or equivalent licence issued by another State or Territory

·Licence with photo identity issued under the Firearms Act 1973, or equivalent licence issued by another State or Territory

·Employee identity card (with photo identity) issued by a State or Commonwealth government department or agency

·Photo identity card issued by a tertiary education institution

·Learners’ permit issued under the Road Traffic Act 1974, or equivalent permit issued by another State or Territory

·Department of Veteran Affairs card

·Centrelink or Social Security card.

Category 2

25 points for each document produced —

·Proof of age card issued by the Department of Planning and Infrastructure

·Medicare card

·Local government rates notice

·Property lease/rental agreement

·Property insurance papers

·Motor vehicle registration or insurance papers

·Professional or trade association card.

Category 3

25 points for each document produced  —

(Each document must be from a different organisation)

·Utility bills (e.g. telephone, gas, electricity, water)

·Credit or bank account card

·Bank statement or passbook.

5.Issue of certificate

The certificate will be posted to the postal address shown in the application. Should this change you should notify the Commissioner of Police.

[Schedule 1 inserted in Gazette 1 Apr 2008 p. 1280-3.]

Schedule 2

[Regulation 6]

SPENT CONVICTIONS ACT 1988

Notice under section 33(2)

THE EFFECT OF A CONVICTION BECOMING SPENT

The following is a summary of the legal effect of a conviction becoming spent under the Spent Convictions Act 1988.

REFERENCES TO CONVICTIONS IN STATE LAWS

A reference in a law of this State to a conviction of a person does not include a spent conviction.

DISCLOSURE

The conviction and the charge that led to it do not have to be disclosed by the person concerned or anyone else, except where required in court or tribunal proceedings, and even then the court or tribunal has to act to avoid or minimize publicity.

ACCESS TO CRIMINAL RECORDS

It is an offence for a person to obtain information about a spent conviction, or the charge that led to it, from official criminal records, unless the person has a lawful reason.

CHARACTER ASSESSMENT

A person who would otherwise be able under a law of this State to take into account a conviction or the charge that led to it when assessing a person’s character or fitness cannot do so in the case of a spent conviction.

DISCRIMINATION

Applicants for employment

A person from whom a person is seeking employment cannot use a spent conviction against the applicant — 

Ÿin arrangements made for deciding who should be offered employment

Ÿin deciding who should be offered employment

Ÿin the terms or conditions on which employment is offered.

Employees

An employer cannot use a spent conviction against an employee — 

Ÿin the terms or conditions of employment provided

Ÿin access to opportunities for promotion, transfer, training or any other benefits

Ÿto dismiss the employee

Ÿotherwise to the detriment of the employee.

Persons who apply to be appointed, or who are appointed, as commission agents

The position is similar as for applicants for employment and employees.

Employment agencies

An employment agency cannot use a spent conviction to discriminate against a person in relation to any service that it provides — 

Ÿby refusing to provide the service

Ÿin the terms or conditions on which the service is offered

Ÿin the way in which it provides the service.

Unions and employer organisations

A union or employer organisation cannot use a spent conviction against a person — 

Ÿto reject an application for membership

Ÿin setting the terms or conditions of admission to membership

Ÿto take away membership or vary its terms

Ÿin access to benefits provided

Ÿotherwise to the detriment of the person.

Contract workers

A principal cannot use a spent conviction against a contract worker — 

Ÿto refuse to allow the contract worker to work

Ÿin the terms or conditions on which the contract worker is allowed to work

Ÿin access to any benefits associated with the contract work

Ÿotherwise to the detriment of the contract worker.

Occupational licensing bodies

A body that has the power to confer an authorisation or a qualification for the carrying on of an occupation cannot use a spent conviction against a person — 

Ÿto deprive the person of the authorisation or qualification

Ÿin setting the terms and conditions on which the person may hold the authorisation or qualification.

How to complain

If you believe that a person has discriminated against you in a way that is prohibited, you may lodge a complaint under the Equal Opportunity Act 1984 with the Commissioner for Equal Opportunity.

EXCEPTIONS

There are a number of exceptions to the above.

There is general exception for decisions as to bail for a court appearance.

The other exceptions relate to persons who are being considered for certain positions (for example, police or prison officers, school teachers and other school staff) or who have applied for certain licences (for example, security agents, child care providers, casino employees). These exceptions are in Schedule 3 to the Act which was added by the Spent Convictions Regulations 1992. This should be referred to for particulars.

[Schedule 2 amended in Gazette 4 Nov 2005 p. 5319.]

Notes

1This reprint is a compilation as at 16 May 2008 of the Spent Convictions Regulations 1992 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Spent Convictions Regulations 1992	26 Jun 1992 p. 2715‑22	1 Jul 1992 (see r. 2 and Gazette 26 Jun 1992 p. 2644)
Reprint 1: The Spent Convictions Regulations 1992 as at 12 Dec 2003
Spent Convictions Amendment Regulations 2005	4 Nov 2005 p. 5318‑19	4 Nov 2005
Spent Convictions Amendment Regulations 2007	1 Apr 2008 p. 1280-3	r. 1 and 2: 1 Apr 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Apr 2008 (see r. 2(b))
Reprint 2: The Spent Convictions Regulations 1992 as at 16 May 2008 (includes amendments listed above)

By Authority: JOHN A. STRIJK, Government Printer