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Report Details


Committee Name:

Delegated Legislation Joint Committee (1987 - 2001)

House:

Joint
Report Type:Report

Title:

Spent Convictions (Act Amendment) Regulations 1998
Report No:34
No of Pages:28
Physical Location:Legislative Council Committee Office

Presentation Date:

06/25/1998


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      Hide details for Executive SummaryExecutive Summary

      (1) The Committee accepts the requirement for the Offender Management Division of the Ministry of Justice to have access to criminal records information, including information regarding spent convictions, in order to discharge its statutory functions under the Sentencing Act 1995 and the Sentence Administration Act 1995 (refer to paragraph 4 of the report).

      (2) The Committee accepts that the Spent Convictions (Act Amendment) Regulations 1998 are regulations validly made pursuant to section 16 of the Spent Convictions Act 1988 (refer to paragraph 5 of the report).

      (3) The Committee expresses its concern over the apparent lack of any statutory basis for the sharing of criminal records information relating to spent convictions between 1 July 1992, being the date the Spent Convictions Act 1988 came into operation, and 27 February 1998 being the date of gazettal of the Spent Convictions (Act Amendment) Regulations 1998 (refer to paragraph 6 of the report).

      (4) For the reasons set out in the report the Committee has resolved to withdraw the disallowance motion.