Crime Point-in-Time Service Updates

Thursday 19 July 2018 @ 11.24 a.m.

The Crime Point-in-Time Service has been updated to include the amendments from  the Home Affairs and Integrity Agencies Legislation Amendment Act 2018 (Cth) (Act 31 of 2018), the Crimes Amendment (National Disability Insurance Scheme - Worker Screening) Act 2018 (Act 33 of 2018), the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 (Cth) (Act 34 of 2018) and the Statute Update (Autumn 2018) Act 2018 (Cth) (Act 41 of 2018).

Act 31 of 2018

The Act will give effect to the allocation of certain ministerial powers following the establishment of a new Home Affairs portfolio, and related changes strengthening the Attorney-General’s oversight of intelligence, security and law enforcement agencies. 

Act 33 of 2018

This Act contains amendments to Part VIIC of the Crimes Act 1914 . Part VIIC of the Crimes Act governs the disclosure and non-disclosure of pardons, quashed and ‘spent’ convictions and provides that certain types of offences become spent after a waiting period has elapsed in which no further convictions are recorded against the offender. Subject to a number of exclusions listed in section 85ZZH of the Crimes Act, Part VIIC provides that where a conviction for an offence is spent, pardoned or quashed, the offender does not have to disclose the fact of the conviction, and prohibits others from disclosing the conviction without the person’s consent and from taking the conviction into account.

The amendments in this Act create an exception for convictions of persons who work, or seek to work, with people with disability in the National Disability Insurance Scheme (NDIS) so that those convictions can be disclosed to, and taken into account by, Commonwealth, State and Territory agencies, to enable State and Territory worker screening units to determine whether the person is suitable to work with people with disability in the NDIS.

Act 34 of 2018

This Act contains 11 amending schedules which contain a range of measures to improve and clarify Commonwealth criminal justice arrangements.    

Act 41 of 2018

The main purpose of this Act is to correct technical errors that have occurred in Acts as a result of drafting and clerical mistakes.
The Act also contains amendments to:

(a) update references in Acts from “the Institute of Chartered Accountants in Australia” to “Chartered Accountants Australia and New Zealand”; and
(b) make amendments consequential on the Acts and Instruments (Framework Reform) Act 2015; and
(c) remove references to the Crown in right of Norfolk Island; and
(d) repeal spent and obsolete provisions and Acts (which will result in the repeal of approximately 572 pages of spent and obsolete provisions).

The amendments made by these Acts have been updated in the Point-in-Time Crime Service current to 20 June 2018. (NB: Subscription required).

If you are not already a subscriber to this or other Point-in-Time Services then please contact us to find out more or to take a free trial