Text as at 15 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

105J Effect of expungement of conviction

On and after a conviction of a person becoming an expunged conviction—

S. 105J inserted by No. 81/2014 s. 3.Note to s. 105J repealed by No. 6/2018 s. 68(Sch. 2 item 115.4).

(a)a question about the person's criminal history (including one put in a legal proceeding and required to be answered under oath or by affirmation) is to be taken not to refer to the expunged conviction, but to refer only to any conviction that the person has that is not expunged; and

S. 105J(a) amended by No. 6/2018 s. 68(Sch. 2 item 115.5).

(b)the person is not required to disclose to any other person for any purpose (including when giving evidence under oath or by affirmation in a legal proceeding) information concerning the expunged conviction; and

S. 105J(b) amended by No. 6/2018 s. 68(Sch. 2 item 115.5).

(c)in the application to the person of an Act, subordinate instrument or agreement—

(i)a reference to a conviction, however expressed, is to be taken not to refer to the expunged conviction; and

(ii)a reference to the person's character or fitness, however expressed, is not to be taken as allowing or requiring account to be taken of the expunged conviction; and

(d)the expunged conviction, or the non-disclosure of the expunged conviction, is not a proper ground for—

(i)refusing the person any appointment, post, status or privilege; or

(ii)revoking any appointment, status or privilege held by the person, or dismissing the person from any post; and

(e)the fact that a refusal, revocation or dismissal of a kind referred to in paragraph (d) occurred, solely on account of that conviction, before the conviction became an expunged conviction is not a proper ground for such a refusal, revocation or dismissal occurring after the expungement; and

(f)the person may re-apply, without waiting out any minimum period between applications for the relevant authorisation provided for by or under an Act, for a relevant authorisation under an Act an application for which was refused, solely on account of that conviction, before it became an expunged conviction.

* * * * *