Spent Convictions Scheme: Steps of the legal analysis Report uri icon

abstract

  • Legislation relating to spent convictions in Australia is complex and inconsistent. Other than Victoria, which does not have a legislated spent conviction scheme, each jurisdiction has a different legislative regime to determine whether a conviction becomes hidden from public view after a set period of time. The multifaceted and varying nature of these jurisdictional regimes weighs heavily on government resources. Currently, Australian police agencies and accredited bodies manually screen criminal records data and making decisions about whether to disclose spent convictions. During 2016-2017, 4.74 million checks were processed, of which 1.42 million were sent for further analysis. Importantly, automated technical solutions using Compliance through Design (CtD) modelling has the possibility of unburdening government agencies of this time-consuming responsibility. To demonstrate a proof of concept on Compliance through Design modelling, a sample use case was analysed, and legal analysis steps were determined. These steps were then used to form the basis of the computational modelling. This deliverable provides an overview of the steps of the legal analysis.

publication date

  • 2019