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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-11-19 Daily Xml
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SPENT CONVICTIONS (NO. 2) BILL

Second Reading

Second reading.

The Hon. J.A. DARLEY (17:39): I move:

That this bill be now read a second time.

This bill very simply provides for certain convictions to be spent after a specified period of time has lapsed. Provided there are no further convictions, convictions relating to adults or children tried as adults that did not result in a gaol term of more than 12 months will be spent after a period of 10 years. For juvenile offenders, convictions that did not result in a gaol term of more than 24 months will be spent after a period of five years.

In cases where there has been a subsequent conviction, the conviction will not be spent until the relevant qualification period has passed unless a pardon is granted, the conviction is quashed, the offence was minor or committed against the law of another jurisdiction where the mutual recognition principle does not apply.

Naturally, only convictions for minor offences are able to be spent, and the bill provides that convictions for sex offences, offences against a body corporate or offences prescribed by regulation cannot be spent. With the exception of excluded agencies and persons as outlined in schedule 1, the bill also makes it an offence for a person to disclose details of another's spent conviction and provides that a person cannot be required to disclose information about their own spent conviction. This clause is particularly important, especially given the stigma that is often associated with a conviction.

The bill will assist many people who have encountered difficulties in their life due to a conviction for a minor offence that occurred quite a number of years ago. It is envisaged that the bureaucratic delays encountered when travelling, prejudice and often exclusions experienced in gaining employment and preclusions from holding certain licences will now be eliminated for those whose conviction has been spent.

Juvenile offenders who have had a clean record for five years and adult offenders who have had a clean record for 10 years after committing a minor offence demonstrate a strong indication that one has reformed and should be afforded the opportunity of a fresh start. I hope that the bill will pass expeditiously, especially due to the support shown in another place. I commend the bill to honourable members.

Debate adjourned on motion of Hon. R.P. Wortley.

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