1 Name of Regulation
This Regulation is the Criminal Records Regulation 2004.
2 Commencement
This Regulation commences on 1 September 2004.Note—This Regulation replaces the Criminal Records Regulation 1999 which is repealed on 1 September 2004 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definition
In this Regulation:the Act means the Criminal Records Act 1991.
4 Notes
Notes in the text of this Regulation do not form part of this Regulation.
5 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.
6 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.
7 Exclusion of applicants for employment with ICAC or ICAC Inspector from consequences of conviction being spent
(1) 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.(2) 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 Inspector within the meaning of the Independent Commission Against Corruption Act 1988.cl 7: Am 2005 No 10, Sch 2.1.
8 Exclusion of applicants for employment with Police Integrity Commission from consequences of conviction being spent
(1) Section 12 of the Act does not apply in relation to an application by a person for appointment as the Commissioner for the Police Integrity Commission under the Police Integrity Commission Act 1996.(2) Section 12 of the Act does not apply in relation to an application by a person for appointment as an Assistant Commissioner for the Police Integrity Commission under the Police Integrity Commission Act 1996.(3) Section 12 of the Act does not apply in relation to an application by a person for employment as a member of staff of the Police Integrity Commission for the purposes of the Police Integrity Commission Act 1996.(4) Section 12 of the Act does not apply in relation to an application by a person for employment as a member of staff of the Inspector of the Police Integrity Commission for the purposes of the Police Integrity Commission Act 1996.(5) Section 12 of the Act does not apply in relation to an application by a person for engagement as a consultant by the Inspector of the Police Integrity Commission under section 92 (3) of the Police Integrity Commission Act 1996.(6) Section 12 of the Act does not apply in relation to an application by a person for appointment as the Inspector of the Police Integrity Commission under the Police Integrity Commission Act 1996.
9 Exclusion of applicants for employment with New South Wales Crime Commission from consequences of conviction being spent
(1) Section 12 of the Act does not apply in relation to an application by a person for appointment as the Commissioner for the New South Wales Crime Commission under the Crime Commission Act 2012.(2) Section 12 of the Act does not apply in relation to an application by a person for appointment as an Assistant Commissioner for the New South Wales Crime Commission under the Crime Commission Act 2012.(3) Section 12 of the Act does not apply in relation to an application by a person for employment as a member of staff of the New South Wales Crime Commission for the purposes of the Crime Commission Act 2012.cl 9: Am 2012 No 66, Sch 5.3.
10 Exclusion of applicants for appointment as Crown Prosecutors from consequences of conviction being spent
Section 12 of the Act does not apply in relation to an application by a person for appointment as a Crown Prosecutor under the Crown Prosecutors Act 1986.
11 Exclusion of applicants for admission as legal practitioners from consequences of conviction being spent
Section 12 of the Act does not apply in relation to an application for admission as a legal practitioner under the Legal Profession Act 1987.
12 Exclusion of consequences of certain convictions being spent for purposes of applying section 9D of Bail Act
(1) Section 12 of the Act does not apply in relation to a conviction of a person for a serious personal violence offence for the purposes of applying section 9D of the Bail Act 1978.(2) In this clause, serious personal violence offence has the same meaning as in section 9D of the Bail Act 1978.
12A Exceptions in relation to declared organisations under the Crimes (Criminal Organisations Control) Act 2012
(1) Section 12 of the Act does not apply in relation to an application under Part 2 of the Crimes (Criminal Organisations Control) Act 2012 or the making of a decision by an eligible Judge under that Part.(2) Section 13 of the Act does not apply to the disclosure, by or on behalf of the Commissioner of Police, of information concerning a spent conviction to an eligible Judge for the purposes of an application under Part 2 of the Crimes (Criminal Organisations Control) Act 2012.cl 12A: Ins 2010 (93), cl 3. Subst 2012 No 9, Sch 1.5
13 Disclosure to Corrective Services
(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 Section of the NSW Police Force to a person employed in the Department of Corrective Services.(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 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 Department, and(b) the information is made available only together with information relating to all the other convictions of the relevant person.cll 13–16: Am 2007 No 27, Sch 4.9.
14 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 Section of the NSW Police Force 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.cll 13–16: Am 2007 No 27, Sch 4.9.
15 Disclosure to Office of Sheriff or Office 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 Section of the NSW Police Force to a person employed in the Office of the Sheriff or in the Office of Fair Trading, Department of Commerce.(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 Office 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 Office concerned, and(b) the information is made available only together with information relating to all the other convictions of the relevant person.cll 13–16: Am 2007 No 27, Sch 4.9.
16 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 Section of the NSW Police Force 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.cll 13–16: Am 2007 No 27, Sch 4.9.
17 Offences prescribed as sexual offences for the purposes of section 7
(1) For the purposes of paragraph (h) of the definition of sexual offences in section 7 (4) of the Act, the following offences are prescribed as sexual offences:(a) an offence under section 61JA, 66EA, 66EB, 80D, 80E, 91H, 91J, 91K, 91L, 91M, 578B or 578C (2A) of the Crimes Act 1900,(b) an offence under section 11G, 21G or 21H of the Summary Offences Act 1988.(2) A conviction for an offence referred to in subclause (1) is taken never to have been spent or never to be capable of becoming spent.cl 17: Subst 2006 (253), Sch 1. Am 2010 (271), cl 3 (1) (2).
18 Persons or bodies prescribed as law enforcement agencies for the purposes of section 13
For the purposes of paragraph (o) of the definition of law enforcement agency in section 13 (5) of the Act, the following persons and bodies are prescribed:(a) the Ministry for Police,(b) the Inspector of the Police Integrity Commission appointed under the Police Integrity Commission Act 1996 or any person who is a member of the Inspector’s staff for the purposes of that Act,(c) the Australian Customs Service,(d) the CrimTrac Agency,(e) New Zealand Police.