Criminal Justice Reform
Spent Convictions: When does the past stop catching up with you
Update: On 18 March 2021, the Victorian Parliament voted to establish a spent convictions scheme. Read the Act here.
In Victoria, police decide what to disclose in a criminal record check. These checks go to employers, housing providers and insurance companies. With a conviction, these checks can be a roadblock to accessing all manner of life’s necessities. And it doesn’t just impact serious offenders; a minor drug possession charge at 20 will be on your record when you’re 28. That’s why we need a clear and fair set of laws that govern how and when records will be disclosed.
Victoria is the only jurisdiction in Australia without legislation governing how old convictions are disclosed. And to make matters worse, there are no laws that make it illegal to discriminate on the basis of an irrelevant criminal record.
RAP released a report making the case for a spent convictions scheme in Victoria. The report was released on 17 May 2017 at an event at the College of Law as part of Law Week. In 2019, one of our report’s authors Julia Kretzenbacher appeared before a Victorian Parliamentary Inquiry into a legislated spent convictions scheme. The Inquiry’s final majority report adopted many of our recommendations.
In February 2020, the Andrews Government committed to implementing a spent convictions scheme.
Resources
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Report: A legislated spent convictions scheme for Victoria
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Media release: Liberty Victoria welcomes a spent convictions scheme
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Media release: Spent Convictions Bill will transform lives of Victorians
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Open Letter: The need for a Victorian spent convictions scheme