2019, English, Article, Government publication edition: Inquiry into a legislated spent convictions sheme : a controlled disclosure of Criminal Record Information framework for Victoria / Parliament of Victoria, Legislative Council, Legal and Social Issues Committee. Victoria. Parliament. Legislative Council. Legal and Social Issues Committee, (author.)

User activity

Share to:
Inquiry into a legislated spent convictions sheme : a controlled disclosure of Criminal Record Information framework for Victoria / Parliament of Victoria, Legislative Council, Legal and Social Issues Committee
 
Bookmark: https://trove.nla.gov.au/version/264304875
Physical Description
  • xiv, 107, 4 pages : illustrations, portraits ; 30 cm.
Published
  • [Melbourne, VIC] : Victorian Government Printer, August 2019.
Language
  • English

Edition details

Title
  • Inquiry into a legislated spent convictions sheme : a controlled disclosure of Criminal Record Information framework for Victoria /​ Parliament of Victoria, Legislative Council, Legal and Social Issues Committee.
Author
  • Victoria. Parliament. Legislative Council. Legal and Social Issues Committee, (author.)
Other Authors
  • Patten, Fiona.
Published
  • [Melbourne, VIC] : Victorian Government Printer, August 2019.
Content Types
  • still image
  • text
Carrier Types
  • volume
Physical Description
  • xiv, 107, 4 pages : illustrations, portraits ; 30 cm.
Series
Subjects
Summary
  • Australia’s first spent convictions legislation was passed in Queensland in 1986. Since then, all Australian jurisdictions (including the Commonwealth) except Victoria have introduced legislation to allow for convictions for eligible minor offences to be ‘spent’. This means that after a period of time free of reoffending a person’s convictions will no longer be disclosed on a Police Record Check. However this does not mean convictions are ‘wiped’ from a person’s criminal record, and certain offences will always be disclosed. Nor are the courts and police have limited in their access to criminal record information. This Report represents a culmination of the Legal and Social Issue’s Committee’s Inquiry into what the terms of reference refer to as a legislated spent convictions scheme. The purpose of the inquiry has been to investigate the design of legislation for Victoria that allows certain convictions to be ‘spent’ and to consider the impact of introducing such a scheme.
Contents
  • Preliminaries
  • Committee membership
  • About the committee
  • Terms of reference
  • Chair’s foreword
  • Recommendation
  • 1 Background
  • 1.1 Introduction
  • 1.1.1 Terminology
  • 1.2 Overview of spent convictions schemes in Australia
  • 1.2.1 Police Record Checks
  • 1.2.2 Relationship with spent conviction schemes
  • 1.3 Spent convictions in Victoria
  • 1.3.1 Background and previous attempts
  • 1.3.2 Victoria Police Information Release policy
  • 1.3.3 Issues with an administrative scheme
  • 1.4 Why do we need a legislated controlled disclosure framework for Victoria?
  • 1.4.1 The purpose of sentencing and convictions
  • 1.4.2 Criminal record stigma
  • 1.4.3 Barriers to employment and housing
  • 1.4.4 The role of employers
  • 1.4.5 Benefits of a controlled disclosure framework to the Victorian economy
  • 1.4.6 Impact on indigenous people
  • 1.4.7 Impact on women
  • 1.5 The recommended controlled disclosure framework
  • 2 A legislated controlled disclosure framework for Victoria
  • 2.1 Definition and scope of ‘conviction’
  • 2.1.1 Pending charges
  • 2.1.2 Non-convictions
  • 2.1.3 Sentences for summary offences
  • 2.2 Eligible offences
  • 2.2.1 Maximum length of prison sentences
  • 2.3 Crime-free period
  • 2.3.1 Adult offenders
  • 2.3.2 Juvenile offenders
  • 2.3.3 Commencement date for the crime-free period
  • 2.3.4 Minor offences during the crime-free ‘waiting’ period
  • 2.3.5 Subsequent disclosure of old convictions
  • 2.4 Mechanism for controlling disclosure
  • 2.4.1 How a conviction is protected from disclosure
  • 2.5 Consequences of disclosing protected criminal record information
  • 2.5.1 Unlawfully disclosing or obtaining information about a conviction
  • 2.5.2 Data Privacy: applying a ‘reasonable awareness’ test to unauthorised disclosure
  • 2.5.3 Offence to consider a non-disclosable conviction for an unauthorised purpose
  • 3 Broader framework
  • 3.1 An application process for convictions not covered by Stream 1
  • 3.1.1 Sexual offences
  • 3.1.2 Other examples
  • 3.2 Protection from discrimination
  • 3.2.1 Legislative framework
  • 3.2.2 Alternative options for redress
  • 3.2.3 Reforms to prohibit discrimination
  • 3.2.4 Stakeholder views
  • 3.3. Convictions from care and protection orders
  • 3.4 Criminal record checks under other legislation
  • 3.4.1 Working With Children Checks
  • 3.4.2 Assisted Reproductive Treatment Act 2008
  • 3.4.3 Firearms Act 1996
  • Appendices
  • 1 About the inquiry
  • 2 Correspondence (Department of Justice and Community Safety and Victoria Police)
  • 3 Jurisdiction comparison table
  • 4 Victoria Police Information Release Policy (May 2019)
  • Extract of proceedings
  • Minority report.
Notes
Language
  • English
ISBN
  • 9781925703795 (PDF version)
  • 9781925703788 (print version)
Dewey Number
  • 364.809945
Libraries Australia ID
Contributed by
Libraries Australia

Get this edition

  • Set up My libraries

    How do I set up "My libraries"?

    In order to set up a list of libraries that you have access to, you must first login or sign up. Then set up a personal list of libraries from your profile page by clicking on your user name at the top right of any screen.

  • All (3)
  • ACT (1)
  • VIC (2)
None of your libraries hold this item.

These 3 locations in All:

Library Access Call number(s) Formats held Language
National Library of Australia. Open to the public 8126413; Nq 328.945 VIC Article; Government publication English
State Library Victoria. Open to the public 3843474; held Article; Government publication English
Supreme Court of Victoria. The Law Library of Victoria. May not be open to the public q 342.0662 VIC Article; Government publication English
Show 0 more libraries...

This single location in Australian Capital Territory:

Library Access Call number(s) Formats held Language
National Library of Australia. Open to the public 8126413; Nq 328.945 VIC Article; Government publication English
Show 0 more libraries...
None of your libraries hold this item.
None of your libraries hold this item.
None of your libraries hold this item.
None of your libraries hold this item.
None of your libraries hold this item.

These 2 locations in Victoria:

Library Access Call number(s) Formats held Language
State Library Victoria. Open to the public 3843474; held Article; Government publication English
Supreme Court of Victoria. The Law Library of Victoria. May not be open to the public q 342.0662 VIC Article; Government publication English
Show 0 more libraries...
None of your libraries hold this item.

Other suppliers

User activity


e.g. test cricket, Perth (WA), "Parkes, Henry"

Separate different tags with a comma. To include a comma in your tag, surround the tag with double quotes.

Be the first to add a tag for this edition

Be the first to add this to a list

Comments and reviews

What are comments? Add a comment

No user comments or reviews for this version

Add a comment