Criminal records | OAIC We use cookies on this site We use cookies to analyse traffic and to improve your browsing experience on our website. To find out more, read our privacy policy. Close Skip to main content News Join our team Contact us Home Privacy Privacy Your privacy rights Privacy complaints Australian Privacy Principles Privacy guidance for organisations and government agencies Notifiable data breaches Privacy legislation Privacy assessments and decisions Privacy registers Privacy for Kids Freedom of information Freedom of information Your freedom of information rights How to access government information Freedom of information guidance for government agencies Freedom of information legislation and determinations Information Commissioner decisions and reports Freedom of information statistics for the OAIC Australian Government freedom of information statistics Consumer Data Right Consumer Data Right Information for consumers Consumer Data Right complaints Consumer Data Right guidance for business Consumer Data Right legislation, regulation and definitions Consumer Data Right assessments Digital ID Engage with us Engage with us Consultations Submissions Translations Events Networks Research and training resources About the OAIC About the OAIC What we do Who we are Join our team Access our information Our regulatory approach Our corporate information Commissioner Priorities Information policy Serving legal documents on the Australian Information Commissioner News Join our team Contact us Privacy Privacy legislation Related legislation Criminal records Privacy Privacy legislation The Privacy Act Rights and responsibilities History of the Privacy Act Commissioner-initiated investigations Credit reporting Privacy regulations Privacy assessment powers Rules and guidelines Health and medical research Tax file numbers State and territory privacy legislation Related legislation Criminal records Government data matching Healthcare identifiers Medicare and pharmaceutical benefits My Health Record Personal Properties Security Register Telecommunications Privacy Guidance on Part 4A (Social Media Minimum Age) of the Online Safety Act 2021 Criminal records Criminal record information is classed as ‘sensitive information’ in the Privacy Act 1988. Sensitive information is a subset of personal information that is given additional protections. Criminal records may also be covered by the Commonwealth Spent Convictions Scheme under the Crimes Act 1914, and/or by a spent conviction scheme in a relevant state or territory. The Australian Information Commissioner has the power to investigate breaches of the legislation and is also required to provide advice to the Attorney-General in relation to exemptions under the scheme. Commonwealth Spent Convictions Scheme The Commonwealth Spent Convictions Scheme (the Scheme) allows an individual to not disclose certain criminal convictions after a sufficient period of good behaviour, and also prohibits unauthorised disclosure and use of this information. It covers convictions for less serious federal, state (including the Northern Territory and ACT) and foreign offences, with varying protections available according to which type of offence (federal, state or foreign) gave rise to the conviction. The Scheme also covers pardons and quashed convictions. A conviction for a State offence may also be covered by a spent conviction scheme in the relevant State or Territory. There are some exclusions to the Scheme, but they are very limited. Where an exclusion applies, an individual will not have the right to withhold information about a conviction that would otherwise be spent. An individual who believes that a person or a Commonwealth or State authority has breached the provisions of the Scheme can complain to the Office of the Australian Information Commissioner (OAIC). Find out more about when the Commonwealth Spent Conviction Scheme applies. Did you find this helpful? Yes No We'd love to hear more! Please tell us more Rate your experience We'd love to hear more about your rating What did you come here to do? How can we improve this information? ⨯ Share Facebook Twitter Linkedin Site map Copyright Terms and conditions Privacy policy Accessibility Contact us 1300 363 992 Monday to Thursday 10 am to 4 pm (AEST/AEDT) Language Please select… العربية繁體中文ελληνικόςItalianoEspañolภาษาไทยTiếng Việtਪੰਜਾਬੀကညီကျိာ်简体中文ܐܵܬܘܿܪܵܝܵܐनेपालीFilipinoهزارگیEasy English Follow us Acknowledgement of Country The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and present. © Commonwealth of Australia