Please be ready with your application reference number starting with 'P'. For example P1234567
The Australian Capital Territory has a running scheme where the "impact of a conviction record" is mitigated or removed. However, it is only applied where the offender has shown a period of good behaviour and completes their penalties.
A conviction that is classified as “spent” in the ACT will not show up on an individual’s national police check in the ACT.
The Spent Convictions Scheme is active in all States and Territories in Australia.
In the ACT, it is called the Spent Convictions Scheme under the Spent Conviction Act of 2000.
The Spent Convictions Scheme also follows all other related rules stated in the Crimes (Sentencing) Act 2005.
The Crimes Act 1914 of the Commonwealth may also apply if the conviction is given under Commonwealth jurisdiction.
Any conviction is classified as a spent conviction if;
Before releasing the conviction details of a person either through a Police Check or other means, the Police must "take out" the spent convictions. It is a serious offence in the ACT and Australia for any official or agency privy to the result to release them without a court order.
Any official privy to the Spent Convictions of a candidate is bound by the rights of no-disclosure.
However, if it relates to work in a hospital, children or other private services, the offender may have to disclose them.
Under the Spent Convictions Scheme, not all offences can become spent. Some convictions are too serious for the Spent Convictions Scheme.
However, for offences that are eligible to be "spent", they are removed from your records automatically after the “waiting period”.
The waiting period before an offence becomes spent in the ACT is;
However, during this “waiting period”, the offender must;
Under the Crimes (sentencing) Act 2005, the court can pronounce an accused person without recording a conviction against them. However, the court will impose a good behaviour term instead of a conviction or sentencing. Good behaviour terms usually last for a maximum period of 3 years. At the end of the period, the court records no conviction for the charge.
Also, the court will issue a non-conviction order if the case is dismissed
However, not all findings of guilt can end in a Good Behaviour Bond, the court considers factors like;
The waiting period is an informal undertaking of the individual to be of good behaviour within that period.
Under the Commonwealth Spent Convictions Scheme, the waiting period for Commonwealth offences is;
The scheme does not include offences with an imprisonment term of more than 30 months
The Commonwealth Convictions Scheme
All offences with;
It doesn't matter where they commit the offence, or the people involved. All commonwealth offences are handled under the Commonwealth Crime Act.
Almost all States and Territories (except Victoria) adopt the Spent Convictions Scheme to mitigate the effects of a conviction. However, it does not mean that all offences are eligible to become spent under the law.
The basic criteria of the scheme in the ACT are that such offences should not have incurred an imprisonment term of more than 6 months.
Other similar offences in this category are;
For example, if you have a child-related conviction, it will not be a spent offence when applying as a Teacher, or a school bus driver.
If you have any of your convictions spent, they are removed from your criminal history check records forever. Also, it is not disclosed in future or updated Police Check results, except the court orders it.
However, while these results are removed from the public criminal records, they remain in the private Police/Criminal Database, and may even be provided as evidence in court.
Also, where the court makes it compulsory to disclose such offence for a role, the candidate must disclose it.
The Spent Conviction Scheme will mitigate the future effect of a conviction on the applicant’s life.
When you have a conviction that is “Spent”, you are under no legal obligation to disclose it to any employer. You may only disclose it if you wish, or where the court mandates it.
The Spent Convictions Scheme also provides people with a criminal history a fresh start. It ensures they are not unnecessarily discriminated against because of having a conviction history. No one knows of your criminal history since it is not disclosed in the result.
If you think your conviction satisfies all the criteria, you can apply to the court to have your offence spent. While there is no special notice for a spent offence, you can easily discover it when you apply for an updated National Police Check result.
Spent Convictions Act 2000 - https://www.legislation.act.gov.au/a/2000-48
Crimes (Sentencing) Act 2005 - https://www.legislation.act.gov.au/a/2005-58
Crimes Act 1914 (Cth) - http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/ca191482/
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