Spent Convictions Act 1988
Spent Convictions Regulations 1992
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
6A.Persons and laws prescribed for section 28(2)1
6.Notice under section 33(2)1
Schedule 1
1.Use of this form1
2.When application can be made1
3.Witnessing the signature of applicant1
4.Evidence of identity1
5.Issue of certificate1
Schedule 2
Notes
Compilation table1
Western Australia
Spent Convictions Act 1988
Spent Convictions Regulations 1992
These regulations may be cited as the Spent Convictions Regulations 1992 1.
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.Deleted 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.
6A.Persons and laws prescribed for section 28(2)
For the purposes of section 28(2) of the Act —
(a)each person mentioned in an item in the Table is prescribed in respect of the law mentioned in the item; and
(b)each law mentioned in an item in the Table is prescribed.
Table
Item |
Prescribed person |
Prescribed law |
1. |
Children’s Guardian |
Child Protection (Working with Children) Act 2012 (New South Wales) |
2. |
Secretary to the Department of Justice |
Working with Children Act 2005 (Victoria) |
3. |
Commissioner for Children and Young People and Child Guardian |
Commission for Children and Young People and Child Guardian Act 2000 (Queensland) |
4. |
Queensland College of Teachers |
Education (Queensland College of Teachers) Act 2005 (Queensland) |
5A. |
Chief executive officer of the Public Safety Business Agency |
Working with Children (Risk Management Screening) Act 2000 (Queensland) |
5. |
Screening Authority |
Care and Protection of Children Act (Northern Territory) |
6. |
Commissioner for fair trading |
Working with Vulnerable People (Background Checking) Act 2011 (Australian Capital Territory) |
7. |
Department for Communities and Social Inclusion Screening Unit |
Children’s Protection Regulations 2010 (South Australia) |
8. |
Registrar |
Registration to Work with Vulnerable People Act 2013 (Tasmania) |
[Regulation 6A inserted in Gazette 24 Dec 2010 p. 6806-7; amended in Gazette 13 Aug 2013 p. 3737; 13 Jun 2014 p. 1897; 23 Sep 2014 p. 3477.]
The form of notice set out in Schedule 2 is prescribed for the purposes of section 33(2) of the Act.
[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
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.
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 (Authorisation to Drive) Act 2008, or equivalent licence issued by another State or Territory
·A current photo card as defined in the Western Australian Photo Card Regulations 2014 regulation 3
·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 (Authorisation to Drive) Act 2008, 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 under the Liquor Control Regulations 1989 regulation 18B
·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.
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; amended in Gazette 27 Jun 2014 p. 2351; 10 Feb 2015 p. 621.]
[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 —
in arrangements made for deciding who should be offered employment
in deciding who should be offered employment
in the terms or conditions on which employment is offered.
Employees
An employer cannot use a spent conviction against an employee —
in the terms or conditions of employment provided
in access to opportunities for promotion, transfer, training or any other benefits
to dismiss the employee
otherwise 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 —
by refusing to provide the service
in the terms or conditions on which the service is offered
in 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 —
to reject an application for membership
in setting the terms or conditions of admission to membership
to take away membership or vary its terms
in access to benefits provided
otherwise to the detriment of the person.
Contract workers
A principal cannot use a spent conviction against a contract worker —
to refuse to allow the contract worker to work
in the terms or conditions on which the contract worker is allowed to work
in access to any benefits associated with the contract work
otherwise 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 —
to deprive the person of the authorisation or qualification
in 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 authorisations (for example, security agents, child care or education and care service 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; 12 Dec 2014 p. 4720.]
1This is a compilation 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.
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)); |
Reprint 2: The Spent Convictions Regulations 1992 as at 16 May 2008 (includes amendments listed above) |
||
Spent Convictions Amendment Regulations (No. 2) 2010 |
24 Dec 2010 p. 6806-7 |
r. 1 and 2: 24 Dec 2010 (see r. 2(a)); |
Spent Convictions Amendment Regulations (No. 2) 2013 |
13 Aug 2013 p. 3736-7 |
r. 1 and 2: 13 Aug 2013 (see r. 2(a)); |
Spent Convictions Amendment Regulations (No. 2) 2014 |
13 Jun 2014 p. 1897 |
r. 1 and 2: 13 Jun 2014 (see r. 2(a)); |
Spent Convictions Amendment Regulations (No. 3) 2014 |
27 Jun 2014 p. 2351 |
r. 1 and 2: 27 Jun 2014 (see r. 2(a)); |
Spent Convictions Amendment Regulations (No. 5) 2014 |
23 Sep 2014 p. 3476‑7 |
r. 1 and 2: 23 Sep 2014 (see r. 2(a)); |
Spent Convictions Amendment Regulations 2014 |
12 Dec 2014 p. 4719‑20 |
r. 1 and 2: 12 Dec 2014 (see r. 2(a)); |
Spent Convictions Amendment Regulations 2015 |
10 Feb 2015 p. 621 |
r. 1 and 2: 10 Feb 2015 (see r. 2(a)); |