NOTICE (5 November 2012): The OAIC is currently in the process of reviewing and updating its guidance on the Commonwealth Spent Convictions Scheme. For questions regarding the operation of this Scheme, please contact us.

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Part VIIC of the Crimes Act 1914 (Cth), the Commonwealth "Spent Convictions Scheme" provides protection for individuals with old minor convictions in certain circumstances. The Privacy Commissioner has the power to investigate breaches of the legislation and is also required to provide advice to the Attorney General in relation to exemptions under the scheme.

Spent Convictions Scheme

The Commonwealth Spent Convictions Scheme came into force on 30 June 1990 under Part VIIC of the Crimes Act 1914 (Cth). The scheme allows a person to disregard some old criminal convictions after ten years (or five years in the case of juvenile offenders) and provides protection against unauthorised use and disclosure of this information. It covers convictions for minor federal, state and foreign offences, with the protections available varying according to which type of offence (federal, state or foreign) gave rise to the conviction. The scheme also covers pardons and quashed convictions.

There are some exclusions (PDF) from the scheme, but they are very limited. The Privacy Commissioner may also advise the Minister about whether requests for complete or partial exclusions from the application of the scheme should be granted.

Spent Convictions Compliance Notes

The Privacy Commissioner has issued two compliance notes concerning the scheme:

• Old conviction information and Commonwealth authorities (compliance note 1/91)
• Old conviction information and non-Commonwealth authorities (compliance note 2/91)

Complaints about a breach of the provisions may be investigated by the Privacy Commissioner.