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Where am I now? Lawlink > privacynsw > Your Privacy > What laws waive the spent conviction provisions
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What laws waive the spent conviction provisions
Since the passage of the Criminal Records Act, a number of other laws have been passed which modify the Act or waive the right to treat convictions as spent after completion of a crime free period. Here is a list of the major examples that we know of and their effects.
Section 158 exempts applications for Casino licences or licences for Casino employees.
- Child Protection (Prohibited Employment) Act 1998
There is no direct exemption as the serious sex offences which disqualify a person from child related employment can not become spent under the Criminal Records Act. Section 12 provides that the provisions of the Act prevail over other inconsistent legislation.
In A v Commission for Children and Young People [2001] NSWIRComm 194, section 12 was held not to apply to a finding of guilt accompanied by a bond after 15 years as a result of the operation of section 579 of the Crimes Act . However this decision was overturned on appeal in Commission for Children and Young People v A [2003] NSWIRComm 6. The section 579 exemption was also removed by Schedule 2 of the Child Protection Legislation Amendment Act 2002 commencing on 10 February 2003.
Section 38 overrides the spent conviction provisions in relation to screening for child related employment.
- Excludes applicants for positions with the Director of Public Prosecutions or Independent Commission Against Corruption from the consequences of a conviction being spent.
- Authorises disclosures of spent convictions to the Bureau of Crime Statistics and Research, Sheriff's Office, Department of Corrective Services, Casino Control Authority, Director of Liquor and Gaming Customs Service, and Department of Fair Trading.
- Firearms Act 1996
Section 11(5) and 29(3) by implication modify the spent conviction provisions in relation to the issue of firearms licences or permits to adults with recent juvenile convictions and may also modify the Act in relation to the Police Commissioner's discretion to refuse or revoke a licence. (For a recent discussion of the Commissioner's discretion to revoke a licence see Ward v Commissioner of Police.)
- Security Industry Act 1997
Section 16 modifies the spent conviction provisions in relations to findings of guilt without conviction for applicants and holders of security licences. For an example in relation to juvenile convictions see Pearce v Commissioner of Police.
Section 109 waives the spent conviction prohibitions for applicants for licences under the Act.
Section 9 waives the spent conviction prohibitions for applicants for permits for prohibited weapons.
Section 96 overrides the spent conviction provisions for applicants and holders of tow truck driver certificates.
- Health Professionals
A number of occupational licensing programs for health professionals modify the spent conviction provisions by requiring disclosures of findings of guilt without conviction.
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