Legislation exists in all Australian States and Territories as well as the Commonwealth limiting the disclosure of certain older offences once a period of time passes during which a person has committed no further offences. This period is known as the 'waiting period' or 'crime-free period' and is generally 10 years where a person was dealt with as an adult and 5 years otherwise (3 years in NSW). This legislation is commonly referred to as 'spent convictions' legislation. If a person re-offends during the waiting period, the waiting period starts again (ie a person has to have a clear period of 10 years, or 5 years where the person was not dealt with as an adult, before older offences can be considered to be spent). An offence which is not released due to the operation of spent convictions legislation is referred to as a 'spent conviction' and will not be disclosed. There are exceptions (known as exclusions) to the non-disclosure of offences which may apply in some circumstances and might relate to either the reason a National Police Check (NPC) is being done, or the nature of an offence a person has committed. For example, State and Territory legislation generally allows that sex offences are never spent and are always released regardless of the age of the offence. Similarly, applicants who require a NPC for working with children may find that all offences they have committed – regardless of how long ago those offences were – are released on a certificate. Applications for National Police Checks for the following purposes may disclose details of older convictions and/or findings of guilt as an exclusion may exist in the State or Territory where the offence occurred –
The above list is not exhaustive and further exclusions may exist under Commonwealth, State or Territory legislation. Before disclosing any information, each (Australian) Police service will apply the legislation or release policy of that State to any offences a person may have. Where an offence is capable of being spent, it will be spent automatically. You do not need to contact us or take further action. However, if the offence was a Western Australian offence, you will need to apply to the WA Police to have the offence spent. Visit the WA Police website and search 'spent convictions' for more information. Application of spent convictions legislation for National Police Checks done by the AFPThe AFP release results for National Police Checks under either A.C.T. or Commonwealth legislation, depending on a combination of the purpose an applicant selects for their National Police Check as well as the nature of any offences the applicant may have. CommonwealthA "spent conviction" is a conviction of a Commonwealth, Territory, State or foreign offence that satisfies all of the following conditions:
The effect of a conviction being spent is:
Australian Capital TerritoryA conviction becomes spent automatically at the completion of the prescribed (crime-free) period which is:
The period starts from
Some convictions can never become spent. These include:
The effect of conviction becoming spent is that:
Privacy standardsMore information on the correct handling of your personal information is available online from the Office of the Privacy Commissioner. What shows up on a police check Australia?What shows up on a police check? A police check contains charges, convictions, offences, good behaviour bonds, court sentences, and other findings of a legal Australian court that are deemed releasable (DCOs) under the State's legislation.
How far back does a police check go in Australia?For adults, this period is ten years without a further conviction. If the individual was convicted as a minor, this period is five years.
Do you have to declare a spent conviction in Australia?A person with a conviction which has been spent does not have to disclose that conviction to any person, including a Commonwealth authority, unless an exclusion applies; It is unlawful to access, disclose or take into account spent convictions of Commonwealth offences.
Do spent convictions show on a police check UK?Types of check
a standard check, which shows any spent and unspent convictions, cautions, reprimands and final warnings. an enhanced check, which shows the same as a standard check plus any information held by local police that's considered relevant to the role.
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