Spent Convictions Act 2009 (SA)

South Australia Spent Convictions Act 2009 An Act to limit the effect of a person's conviction for certain offences if the person completes a period of crime‑free behaviour or if the conduct constituting the offence has been decriminalised and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Preliminary 4 Meaning of spent conviction 5 Scope of Act 6 Application of Act 6A Qualified magistrates Part 2—Requirements for a conviction to become spent 7 Determination of qualification period 8 Spent conviction—general provision 8A Spent conviction for eligible sex offence 8B Spent conviction for designated sex‑related offence 8C Spent conviction for prescribed public decency offence 9 Subsequent conviction after conviction becomes spent Part 3—Effect of a conviction becoming spent Division 1—General provisions 10 Ability to disregard spent convictions 11 Unlawful disclosures—public records 12 Unlawful disclosures—business activities Division 2—Exclusions 13 Exclusions 13A Exclusions may not apply Part 4—Miscellaneous 14 Improperly obtaining information about spent convictions 15 Prerogative of mercy not affected 16 Act does not authorise destruction of records 17 Regulations Schedule 1—Exclusions a1 Application of exclusions 1 Justice agencies 2 Commonwealth agencies 3 Designated judicial authorities 4 Parole Board 5 Judicial and associated officers 6 Care of children 7 Care of vulnerable people 8 Activities associated with a character test 9 Firefighting, police and correctional services 9A Screening units 10 Official records 11 Archives and libraries 12 Reports and authorised publications 13 Non-identifying information 14 Prescribed exclusions Schedule 2—Provisions relating to proceedings before a qualified magistrate 1 Interpretation 1A Application for a spent conviction order—designated sex‑related offences and prescribed public decency offences 2 Extent of application 3 Notice of application 4 Conduct of proceedings 5 Principles governing hearings Legislative history