Criminal Records Act 1991 (NSW)

Criminal Records Act 1991 No 8

An Act to limit the effect of a person's conviction for a relatively minor offence if the person completes a period of crime-free behaviour, and to make provision with respect to quashed convictions and pardons.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Criminal Records Act 1991.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of this Act (1) The primary object of this Act is to implement a scheme to limit the effect of a person's conviction for a relatively minor offence if the person completes a period of crime-free behaviour. On completion of the period, the conviction is to be regarded as spent and, subject to some exceptions, is not to form part of the person's criminal history. (2) The Act also provides for the effect of the quashing of a conviction and the pardoning of an offence. (3) The Act also provides for a scheme to enable certain convictions for a number of decriminalised homosexual sexual conduct offences to become extinguished.

4 Definitions (1) In this Act— control order means an order made under section 33 (1) (g) of the Children (Criminal Proceedings) Act 1987. conviction means a conviction, whether summary or on indictment, for an offence and includes a finding or order which, under section 5, is treated as a conviction for the purposes of this Act. court includes a tribunal. intervention program has the same meaning as in the Criminal Procedure Act 1986. public authority means a public or local authority constituted by or under any Act, a government department or a statutory body representing the Crown, and includes a person exercising functions on behalf of the authority, department or body.