S5 Episode 8: When is a Conviction Spent? Advising Clients on the Spent Convictions Act and Related Legislation
Mar 18, 2024
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Listen to Foley's List barristers Peter Matthews and Simon Thomas as they discuss the new Spent Convictions Act regime, exemptions, protections against disclosure, and offer practical advice for advising clients on non-conviction dispositions. They explore the impact on criminal record disclosure, court sentencing decisions, working with children checks, and recommendations for improving the Act. Dive into the complexities of spent conviction orders and the implications for various entities like legal boards and agencies.
Spent Convictions Act distinguishes immediate spent convictions for under 15s from a process-based regime for adults.
Exemptions in the Act enable specific entities to access complete criminal records, including spent convictions, for statutory functions.
Protections against improper disclosure and fraud are key aspects of the Act, emphasizing non-discrimination based on spent convictions.
Legislative changes aim to address uncertainties, improve clarity on disclosure, and consider cultural safety aspects for Aboriginal stakeholders.
Deep dives
Introduction to Spent Convictions Act and Legislative Background
Explaining the purpose and content of the Spent Convictions Act, the legislative background, and the importance of the new regime introduced by the legislation. It highlights the exemptions in place, protections against improper disclosure, and the rationale behind implementing the act.
Categories of Convictions and Spent Convictions Process
Detailing the different categories of convictions and how they become spent under the Act. For individuals under 15, all convictions, including serious ones, are immediately spent. For adults and 15 to 20-year-olds, there is a process based on the type of offense and behavior after sentencing.
Exemptions to Spent Convictions Regime
Exploring exemptions to the spent convictions regime, focusing on entities like law enforcement agencies, licensing bodies, and child-related services that are allowed to access complete criminal records, including spent convictions, for specific statutory functions.
Protections and Disclosures of Spent Convictions Information
Discussing protections against the misuse of spent convictions information, including offenses for improper disclosure and fraud. It also touches on how spent convictions information cannot be disclosed in certain situations and emphasizes the importance of non-discrimination based on spent convictions.
Impetus for Change and Review Findings
Examining the motivation behind the legislative changes and the outcomes of a one-year review of the Act. It delves into recommendations for improving the Act, addressing uncertainties around sexual offenses, clarity on disclosure obligations, and cultural safety considerations for Aboriginal stakeholders.
Practical Applications and Client Advice
Exploring practical implications of the Act for advising clients, including considerations during plea decisions, the significance of non-conviction dispositions, and relevance to submissions on serious offenses. It underscores the ongoing importance of diversion programs despite improvements in the spent convictions regime.
Media Responsibility and Public Perception
Touching on the accountability of media organizations in handling spent convictions information, potential repercussions for publishing such details, and the ethical considerations surrounding such disclosures. It highlights the need for awareness and potential actions to correct inaccurate portrayals.
Conclusion and Interaction with Equal Opportunity Laws
Summarizing the impact of the Act on employers, licensing bodies, and individuals affected by spent convictions. It underlines the intersections with equal opportunity legislation, emphasizing the consequences of discrimination based on spent convictions and the legal obligations of various entities in the legal landscape.
This is a recording of Session 4 of the Foley's February Criminal Law CPD Series of 2024. In this episode, Foley’s List barristers Peter Matthews and Simon Thomas explains the purpose and breakdown of the new regime, looks into exemptions, protections in place against improper disclosure, and the future of the regime.
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