Spent Convictions Act 1988 (WA)

Western Australia Spent Convictions Act 1988 Western Australia Spent Convictions Act 1988 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Convictions to which Act does not apply 1 5. Act binds Crown 1 Part 2 — Requirements for convictions to become spent 6. Serious convictions 1 7. Lesser convictions 1 8. Convictions in other jurisdictions (Sch. 2) 1 9. Term used: serious conviction 1 10. Term used: lesser conviction 1 11. Prescribed period, defined 1 Part 3 — Effect of a conviction becoming spent Division 1 — Application 12. Application of Part 3 1 13. Effect of Part 3 on other laws 1 Division 2 — Exceptions 14. Div. 4 does not affect certain matters 1 15. Bail decisions not affected by s. 25, 26 or 27 1 16. Further exceptions to Part 3 1 Division 3 — Discrimination on ground of spent conviction 17. Terms used 1 18. Job applicants and employees, discrimination against 1 19. Commission agents, discrimination against 1 20. Contract workers, discrimination against 1 21. Organisations of workers and employers, discrimination by 1 22. Authorities that confer authorisations and qualifications, discrimination by 1 23. Employment agencies, discrimination by 1 24. Enforcement of this Division 1 Division 4 — Other effects 25. Interpretation of written laws 1 26. Assessment of character under written law 1 27. Disclosure or acknowledgment of spent convictions 1 28. Unlawful access to criminal records 1 Part 4 — Miscellaneous 29. Equal Opportunity Act 1984, application of 1 30. Spent conviction not revived after parole or early release cancelled 1 31. Prerogative of mercy not affected 1 32. Act applies to convictions incurred before commencement 1 33. Regulations 1 Schedule 1 — Provisions relating to application under section 6(1) 1. Application under s. 6(1) 1 2. Parties to application 1 3. Hearing of application 1 4. Rules of evidence not to apply 1 5. Powers of judge and officers 1 6. Witnesses 1 7. Alternatives to holding hearing 1 8. Costs 1 9. Court order to be sent to applicant and police 1 Schedule 2 — Convictions in other jurisdictions 1. Queensland 1 2. Commonwealth and Norfolk Island 1 3. New South Wales 1 Schedule 3 — Exceptions to Part 3 1. Exceptions as to all spent convictions 1 2. Exceptions as to spent convictions for certain offences in order to protect children 1 3. Exceptions as to spent convictions relating to the protection of people with disability 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Spent Convictions Act 1988 An Act to make provision for a person who has been convicted of an offence against the law of this State or of a foreign country and who has not re‑offended during a specified period to be rehabilitated by limiting the effects of the conviction, to enable that limitation to apply to a conviction against the law of another State or Territory to which a corresponding law thereof applies, to limit the effects of a dismissal or withdrawal of a charge, and for connected purposes. [Long title amended: No. 84 of 2004 s. 80.]