1 July 2022 amendments to the Spent Convictions Regulations 2021 permit the Business Licensing Authority (BLA) to receive information about an applicant’s spent convictions. This means the BLA will consider whether a spent conviction means you are ineligible to be licensed or registered.
The BLA will notify you if a spent conviction means you are ineligible to be licensed or registered. The BLA will also advise you if you are able to apply for permission to be licensed or registered despite a disqualifying criminal history, as is allowed under some schemes. You are not required to disclose any information in relation to a spent conviction to the BLA. However, as we are permitted to consider spent convictions when granting and renewing licences or registrations, you may wish to provide us with further information to assist us in making our decision. As a matter of procedural fairness, we will provide you with this opportunity.
Please view the Spent Convictions Act 2021 page on the Department of Justice and Community Safety website for more information.
For further information and advice about spent convictions, please seek independent legal advice.
If you believe you may need to apply for permission or otherwise have questions regarding your eligibility, please contact the Business Licensing Authority using the online BLA enquiry form.
Rules about spent convictions in Victoria
The release of any Victorian criminal record must comply with the Spent Convictions Act 2021 (Vic). The effect of a spent conviction is that:
- a spent conviction does not form part of a person’s criminal record
- a person is not required to disclose the existence of a spent conviction or information related to a spent conviction
- a person must not request that another person disclose the existence of a spent conviction or information related to a spent conviction.
For information or advice about spent convictions, please seek independent legal advice.
Rules about spent convictions in other states and territories and the Commonwealth
The release of any criminal record must comply with any Commonwealth, state or territory legislation which has the effect that:
- a spent conviction does not form part of a person’s criminal record
- that person is not required to disclose any information in respect of the spent conviction.
For information or advice about spent convictions, please seek independent legal advice.