- The Record of Offences (Access) Act 1981 requires that Tasmania Police are to keep and maintain prescribed records detailing court outcomes in their role as Keeper of Records.
- The Commissioner of Police does not have any statutory authority to remove offences from the prescribed record, irrespective of the outcome.
- Tasmania Police does not release information about a person’s police record to any organisation outside the sphere of law enforcement and the administration of justice without the subject’s consent.
- In 2013, Tasmania Police concluded a comprehensive review and refinement of its information release policies following the receipt of revised legal advice.
- Tasmania Police release police record information in accordance with the Annulled Convictions Act 2003 (the Act).
- Police record information is released on the basis of the accepted definition of conviction and according to the purpose for which the Police Record Check is required.
- Tasmanian based Infringements Notices form part of all Police Record Checks and will be released when applicable.
- Details of any informal or diversionary cautions will not be released.
- The Annulled Convictions Act 2003 allows for some minor offences to be annulled subject to certain conditions. The effect of annulment of the conviction is that you are not required to disclose it.
National Police Checks – Levels of Disclosure:
- If a check purpose is selected for which an Annulled Record is applicable, Tasmania Police will not disclose details of a minor conviction if:
- The individual was an adult (18 years old) when the conviction was recorded and ten years of good behaviour have passed, or
- The individual was a youth (under 18 years old) when the conviction was recorded and five years have passed.
- If an individual is found guilty of an offence punishable by a term of imprisonment during the required period of good behaviour, then the required period recommences from the date this new outcome was recorded.
- If an offence is no longer deemed, by the operation of the law, to be an offence, the conviction will also be annulled and not released.
- Some convictions cannot be annulled and will be disclosed under all circumstances. These include offences for which a term of imprisonment of more than six months was imposed, or if the conviction was for a sexual offence.
- Some occupations, appointments or licences are exempt from the application of the Annulled Convictions Act 2003, meaning all prior convictions and findings of guilt (including those of a minor nature) will appear on an applicant’s police record. This type of Police Record Check is referred to as a Schedule 1 record.
- Where a police record has been obtained from another Australian police jurisdiction, any legislation and/or release policy governing the release of criminal records within that jurisdiction will be applied by that jurisdiction before the information is released.
- Tasmania Police will release police record information to other jurisdictions that require the information for similar purposes, in accordance with the Annulled Convictions Act 2003.