Section 5F
Section 5F
(1)
Subject to subsection (2), if a person’s conviction is spent or is treated as spent under this Part —
(a)
the person is not legally bound to disclose to any other person for any purpose information concerning the spent conviction;
(b)
it shall be lawful for him to answer a question asked of him on or after the commencement date about his conviction or to disclose information about his conviction in the manner as if he had no record of that conviction;
(c)
any question with respect to his criminal history shall not be taken to refer to the spent conviction; and
(d)
in the application to the person of any other written law —
(i)
a reference in the provision to a conviction, however expressed, shall be taken to be a reference only to any convictions of the person which are not spent; and
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(ii)
a reference in the provision to the person’s character or fitness, however expressed, shall not be interpreted as permitting or requiring account to be taken of the spent conviction.
(2)
Subsection (1)(a) to (c) does not apply in relation to —
(a)
any investigation into an offence by a person authorised under any written law to carry out such investigation;
(b)
any prosecution against the person for any offence;
(c)
any proceedings before a court including the giving of evidence, or any decision by a court including any decision as to sentence; and
(d)
any application by a person for an appointment to or employment in any office, or for admission to any profession or vocation, from which the person may be disqualified under any written law by reason of his conviction.
(3)
For the purposes of the non-application of subsection (1)(a) to
(c)
to subsection (2)(d), the application referred to therein is in respect of, and not limited to, an application —
(a)
for an appointment as or employment of —
(i)
an accountant, advocate and solicitor, army personnel, a judge, judicial officer, law enforcement agency officer, magistrate, prison-officer, prosecutor, security personnel, teacher, teacher’s aide, child-care provider, aged-care provider, provider of care for people with disabilities; or
(ii)
a person in any other employment or profession, and in particular, any employment or profession involving the physical care and handling of people, as determined or prescribed by any written law;
(b)
to be appointed, employed or otherwise engaged, whether or not for financial reward, in any other capacity —
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(i)
in relation to the care, instruction or supervision of children, elderly people or people with disabilities; or
(ii)
at a school, child-centre, hospital or any other place where care, instruction, supervision or any other services are provided or proposed to be provided for children, elderly people or people with disabilities;
(c)
to be permitted to provide care, instruction, supervision or any other services for children, elderly people or people with disabilities; or
(d)
for such other purposes in respect of such other persons or class of persons as the Minister may declare by order published in the
Gazette.
(4)
Subject to subsection (2), where a person’s conviction is spent or treated as spent under this Part, the Registrar shall, without delay, make an entry in the register to show that the conviction is spent.
Exceptions to section 5F.