(1) In this Act— control order means an order made under section 33 (1) (g) of the. Children (Criminal Proceedings) Act 1987 conviction means a conviction, whether summary or on indictment, for an offence and includes a finding or order which, under section 5, is treated as a conviction for the purposes of this Act.court includes a tribunal.intervention program has the same meaning as in the. Criminal Procedure Act 1986 public authority means a public or local authority constituted by or under any Act, a government department or a statutory body representing the Crown, and includes a person exercising functions on behalf of the authority, department or body.Note— The contains definitions and other provisions that affect the interpretation and application of this Act. Interpretation Act 1987
(1) All convictions are capable of becoming spent in accordance with this Act, except the following—
(a) convictions for which a prison sentence of more than 6 months has been imposed, (b) convictions for sexual offences, (c) convictions imposed against bodies corporate, (d) convictions prescribed by the regulations.
(1) A conviction is spent on completion of the relevant crime-free period, except as provided by this section. (2) A finding that an offence has been proved, or that a person is guilty of an offence, without proceeding to a conviction is spent immediately after the finding is made, except as provided by this section.
(1) In this section, traffic offence means an offence arising out of the use of a motor vehicle or trailer (within the meaning of the road transport legislation referred to in section 6 of the) and Road Transport Act 2013 non-traffic offence means any other offence.
(1) A person who has access to records of convictions kept by or on behalf of a public authority and who, without lawful authority, discloses to any other person any information concerning a spent conviction is guilty of an offence. Maximum penalty—50 penalty units or imprisonment for 6 months, or both. (2) It is not an offence for the officer in charge of the Criminal Records Section of the NSW Police Force to make information relating to a spent conviction available to a law enforcement agency or to the holder of an office prescribed by the regulations. (3) It is not an offence for an archive or library (or an authorised officer of an archive or library) to make available to a member of the public, or to another archive or library, in accordance with the normal procedures of the archive or library, material that is normally available for public use and that contains information relating to a spent conviction.
(1) A conviction for an eligible homosexual offence becomes an extinguished conviction when the Secretary, by notice in writing given to the applicant, decides that he or she is satisfied that the other person involved in the sexual activity constituting the offence—
(a) consented to the sexual activity, and (b) was of or above—
(i) the age of 16 years, or (ii) if the other person was under the special care of the convicted person (within the meaning of section 73 (3) of the )—the age of 18 years. Crimes Act 1900 Note— Section 73 (3) of the provides that a person ( Crimes Act 1900 the victim ) is under the special care of another person (the offender ) if, and only if—
(a) the offender is the step-parent, guardian or foster parent of the victim or the de facto partner of a parent, guardian or foster parent of the victim, or (b) the offender is a member of the teaching staff at the school at which the victim is a student, or (c) the offender has an established personal relationship with the victim in connection with the provision of religious, sporting, musical or other instruction to the victim, or (d) the offender is a custodial officer of an institution of which the victim is an inmate, or (e) the offender is a health professional and the victim is a patient of the health professional.
(1) The Secretary may, by notice in writing, require any of the following persons or bodies to provide the Secretary with the information requested in the notice for the purposes of making a decision under section 19C—
(a) a person employed in the government sector (within the meaning of section 3 of the ), Government Sector Employment Act 2013 (b) the officer in charge of the Criminal Records Section of the NSW Police Force, (c) a court, (d) the Director of Public Prosecutions, (e) any other person or body prescribed by the regulations.
(1) A person who has access to records of convictions kept by or on behalf of a public authority and who, without lawful authority, discloses to any other person any information concerning an extinguished conviction is guilty of an offence. Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
(1) If the Secretary is satisfied that a conviction became an extinguished conviction by reason of an application that included false or misleading information, or documents that are false or misleading, the Secretary may determine that the conviction is no longer an extinguished conviction.