1 Name of Regulation
This Regulation is the Criminal Records Regulation 1999.
2 Commencement
This Regulation commences on 1 September 1999.
3 Definition
(1) In this Regulation:the Act means the Criminal Records Act 1991.(2) The explanatory note and table of contents do not form part of this Regulation.
3A Spent convictions
(1) The former offence of a self-excluded person entering or remaining in a casino to which an exclusion order in respect of the person relates is prescribed as an offence to which section 8 (5) of the Act applies.(2) In this clause, self-excluded person has the same meaning as it has in section 84 of the Casino Control Act 1992.cl 3A: Ins 23.2.2001.
4 Exclusion of applicants for employment in Office of DPP from consequences of conviction being spent
Section 12 of the Act does not apply in relation to an application by a person for appointment or employment as an Officer within the meaning of the Director of Public Prosecutions Act 1986.
5 Exclusion of applicants for employment with ICAC from consequences of conviction being spent
Section 12 of the Act does not apply in relation to an application by a person for appointment or employment as an officer of the Commission within the meaning of the Independent Commission Against Corruption Act 1988.
6 Disclosure to Corrective Services or Customs
(1) Section 13 of the Act does not apply to the disclosure of information concerning a spent conviction by the officer in charge of the Criminal Records Unit of the Police Service to a person employed in the Department of Corrective Services or the Australian Customs Service.(2) However, subclause (1) has effect only if:(a) at the time the officer in charge discloses the information, the officer is satisfied that within the Department or Service concerned, there are policies and procedures in place that will ensure that the information will not be disclosed, or used or taken into account in any decision taken or other thing done, by any person employed in the Department or Service concerned, and(b) the information is made available only together with information relating to all the other convictions of the relevant person.(3) (Repealed)cll 6: Am 27.10.2000; 31.10.2001.
7 Disclosure to Bureau of Crime Statistics and Research
(1) Section 13 of the Act does not apply to the disclosure of information concerning a spent conviction by the officer in charge of the Criminal Records Unit of the Police Service to a person employed in the Bureau of Crime Statistics and Research.(2) However, subclause (1) has effect only if, at the time the officer in charge discloses the information, the officer is satisfied that within the Bureau of Crime Statistics and Research there are policies and procedures in place that will ensure that:(a) the information concerning the conviction will only be used in research by that Bureau, the production of statistics by that Bureau and the publication of those statistics and of reports relating to that research, and(b) any such publication does not name or otherwise identify the person who was the subject of the conviction.
8 Disclosure to Office of Sheriff or Department of Fair Trading
(1) Section 13 of the Act does not apply to the disclosure of information concerning a spent conviction by the officer in charge of the Criminal Records Unit of the Police Service to a person employed in the Office of the Sheriff or in the Department of Fair Trading.(2) However, subclause (1) has effect only if:(a) at the time the officer in charge discloses the information, the officer is satisfied that within that Office or Department there are policies and procedures in place that will ensure that the information will not be disclosed, or used or taken into account in any decision taken, or other thing done, by any person employed in that Office or Department, and(b) the information is made available only together with information relating to all the other convictions of the relevant person.(3) (Repealed)cll 8: Am 27.10.2000; 31.10.2001.
9 Disclosure to Casino Control Authority or Director of Liquor and Gaming
Section 13 of the Act does not apply to the disclosure of information concerning a spent conviction by the officer in charge of the Criminal Records Unit of the Police Service to any of the following persons:(a) the Casino Control Authority,(b) the Director of Liquor and Gaming, or a person authorised in writing by the Director.cl 9: Subst 2001 No 27, Sch 3.1.