After spending years campaigning, the legal profession has welcomed the introduction of the Spent Convictions Bill 2020 into the Victorian Parliament to remove the historical minor offences from the records of residents seeking to find employment and housing. 

Under the new legislation, Victorians who have committed an offence but have proven they can rehabilitate will have their convictions “spent” so that it will no longer be shown on police checks after 10 years – or five years for a juvenile conviction – provided that they do not reoffend with the same or another minor crime during that period. 

Law Institute of Victoria president Sam Pandya said the legal profession and its bodies have long campaigned for these changes to be implemented. Mr Pandya added that he is pleased that recommendations from a 2015 submission to its then-Attorney-General Martin Pakula have been supported, including the findings of guilt without conviction. 

“If a person has been of good character and not reoffended, it is only fair that they can be able to get on with their life without having to disclose old offences every time they apply for a job or a volunteer role [or for secure housing],” Mr Pandya said. 

The government hopes that the changes will reduce the “damaging effect” that stigma creates around old criminal records. Attorney-General Jill Hennessy said that a minor offence “should not be a life sentence” and hopes that this new scheme will break the cycle of disadvantage faced by many Victorians hoping to turn their life around. 

“People who have proven they are willing and able to change and will make a positive contribution to society should be given every chance to do so,” Ms Hennessy said. 

Ms Hennessy said the impacts are particularly felt by vulnerable parts of the Victorian community who are disproportionately represented in the criminal justice system, such as Aboriginal and Torres Strait Islanders and young residents. By addressing the spent convictions, these groups will have improved access to employment opportunities.

VIEW ALL

Mr Pandya said the current policy has left young and Indigenous people vulnerable to discrimination and has limited their opportunities to be part of the community. 

“These groups are disproportionately represented in the criminal justice system. They are appearing often for minor offences such as possession of cannabis, shoplifting, or using a concession Myki card without a concession card, considered to be fraud,” he said.  

Police and the courts will continue to have full access to all criminal history information and complete records can still be released when required for certain employers and for third parties to make necessary risk assessments, such as working with children.