Spent convictions scheme
David ETTERSHANK (Western Metropolitan) (12:27): (763) My question is to the Attorney-General and relates to the review of the spent convictions scheme, which was tabled last November. Since its introduction, a lack of awareness and general confusion around the scheme has left stakeholders either unaware that their convictions have been spent or not knowing about the process to have their record cleared. For those who experience particular disadvantage due to past convictions, such as young people and Aboriginal people, this can create obstacles to employment, as they do not apply for jobs because of their criminal convictions. This undermines a key goal of the scheme: to help rehabilitate people with historical or minor convictions by reducing barriers to training, housing, employment and other opportunities. So I ask: will the government commit to making funding available to improve awareness and understanding of the spent convictions scheme as recommended by the review?
Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:28): I thank Mr Ettershank for his question on the spent convictions scheme, a scheme that we were very proud to bring in. As you have indicated, the review that was conducted at the end of last year identified that awareness of the scheme is something that we need to do more work on. I can confirm that that work is underway. The last thing we want is for people not to be able to access something, because we did it for a good purpose, and we want people to realise that. We also understand that people, where it is being done automatically without them knowing, would probably like to know about that as well.
What I can confirm is that the department has been prioritising the promotion of the scheme, including delivering information sessions across the state and distributing promotional materials. I have just had a quick look at the justice website, Mr Ettershank, and it has got a pretty good section on spent convictions and has promotional material, social media tiles and the like. We have been encouraging the community legal centre sector and organisations that work with people that perhaps could access the scheme to help us promote the scheme. But in particular obviously you would appreciate that Aboriginal community advocates were front and centre of the development of this scheme, and they are organisations that department staff have been working with to deliver more information. We have presented to the regional and local Aboriginal community justice committees, to various community sector organisations such as Aboriginal community controlled organisations, at community justice days, to Koori Court staff, to the Neighbourhood Justice Centre and to Aboriginal men’s yarning circles. As you have indicated, it was a recommendation of the review. It is work that we have undertaken, but there is always more to do. I think even asking the question in Parliament is a good way to promote further awareness, so I appreciate your question.
David ETTERSHANK (Western Metropolitan) (12:30): I thank the Attorney for her response. The Victorian Aboriginal Legal Service recommended to the review that convictions for repealed offences be expunged immediately upon repeal, automatically and without the need for a person to make an application. Victoria Legal Aid and the Law and Advocacy Centre for Women also support automatic expungement, as a conviction of a repealed offence can still show up on a person’s record for certain checks. Victoria Police, however, have stated that they do not support expungement due to the administrative and resource burden it would place on Victoria Police and that repealed offences should be considered on a case-by-case basis. It is questionable whether expungement would be such a significant burden given the expungement of, for example, homosexual sex offences, which seemed relatively straightforward. Will the government consider improving the spent convictions scheme by automatically expunging convictions for repealed offences?
Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:31): I thank Mr Ettershank for his second question. As you would appreciate, the report made several recommendations – I think just over 20 recommendations – and we are working through those with the department at the moment. Issues such as those you have raised will be part of those considerations.