1 Name of Regulation
This Regulation is the Criminal Records Regulation 2014.
2 Commencement
This Regulation commences on 1 September 2014 and is required to be published on the NSW legislation website.Note—This Regulation replaces the Criminal Records Regulation 2004 which is repealed on 1 September 2014 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
(1) In this Regulation:Corrective Services NSW has the same meaning as in the Crimes (Administration of Sentences) Act 1999.the Act means the Criminal Records Act 1991.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) Notes included in this Regulation do not form part of this Regulation.
4 Prescribed sexual offences
(1) For the purposes of paragraph (h) of the definition of sexual offences in section 7 (4) of the Act, the following are prescribed as sexual offences:(a) an offence under section 61JA, 66EA, 66EB, 80D, 80E, 91H, 91J, 91K, 91L or 91M of the Crimes Act 1900,(b) an offence under section 11G of the Summary Offences Act 1988,(c) an offence that, at the time it was committed, was prescribed as a sexual offence for the purposes of that paragraph.(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.
5 Spent convictions
For the purposes of section 8 (5) of the Act, the former offence of a self-excluded person (within the meaning of section 84 of the Casino Control Act 1992) entering or remaining in a casino to which an exclusion order in respect of the person relates is prescribed.
6 Exclusion of applicants from consequences of conviction being spent
Section 12 of the Act does not apply in relation to the following:(a) an application for admission as a lawyer under the Legal Profession Act 2004,(b) an application for engagement as a consultant to the Commission or Inspector under the Law Enforcement Conduct Commission Act 2016,(c) an application for appointment to, or employment in, a role specified in Column 2 of the following table under the corresponding Act specified in Column 1:
an officer of the Commission
an officer of the Inspectoran officer of the Commission
an officer of the Inspectorcl 6: Am 2016 No 61, Sch 6.14 [1] [2].
7 Criminal organisation declarations
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 the Supreme Court under that Part.
8 Disclosure of spent convictions by NSW Police Force
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 the following:(a) a judicial officer of the Court for the purposes of an application under Part 2 of the Crimes (Criminal Organisations Control) Act 2012,(b) the Chief Executive of the Independent Liquor and Gaming Authority, or a person authorised in writing by the Chief Executive,(c) a person employed in the Bureau of Crime Statistics and Research, Department of Justice (the Bureau) if:(i) the information is to be used only by the Bureau for research, reports relating to that research and the production of statistics, and(ii) any publication of the Bureau does not name or otherwise identify the person who was the subject of the conviction,(d) a person employed in Corrective Services NSW, the Office of Fair Trading or the Office of the Sheriff, Department of Justice (a prescribed agency) if:(i) the information is only made available together with information relating to all other convictions of the relevant person, and(ii) at the time of making the information available the officer in charge is satisfied the prescribed agency has policies and procedures that will ensure the information will not be disclosed, or used or taken into account in any decision made or other thing done, by any person employed in the prescribed agency.
9 Prescribed law enforcement agencies
For the purposes of paragraph (o) of the definition of law enforcement agency in section 13 (5) of the Act, the following are prescribed:(a) the Ministry for Police and Emergency Services,(b) an officer of the Inspector under the Law Enforcement Conduct Commission Act 2016,(c) the Australian Customs and Border Protection Service,(d) the Australian Crime Commission,(e) New Zealand Police,(f) the Australian Commission for Law Enforcement Integrity.cl 9: Am 2016 No 55, Sch 2.6; 2016 No 61, Sch 6.14 [3].
9A Prescribed eligible homosexual offences
(1) For the purposes of paragraph (d) of the definition of eligible homosexual offence in section 19A of the Act, the following offences are prescribed:(a) the former offence under section 483 (b) of the Crimes Act 1900 committed by an adult,(b) the former offence under section 6 of the Offences in Public Places Act 1979,(c) the former offence under section 78 of the Police Offences Act 1901,(d) the former offences under sections 11 and 12 of the Summary Offences Act 1970,(e) the former offence under section 4 (2) (d) of the Vagrancy Act 1902.(2) However, a former offence referred to in subclause (1) is an eligible homosexual offence only if:(a) the offence was committed by a person (the offender) while engaging in a form of sexual activity with another person of the same sex, and(b) the offence was not witnessed by a person except:(i) any person engaged in the sexual activity, or(ii) a police officer, and(c) the offender had not previously been convicted of the former offence.cl 9A: Ins 2017 (149), cl 3.
10 Saving
Any act, matter or thing that, immediately before the repeal of the Criminal Records Regulation 2004, had effect under that Regulation continues to have effect under this Regulation.