Western Australian Numbered Acts

WORKING WITH CHILDREN (CRIMINAL RECORD CHECKING) ACT 2004 (NO. 65 OF 2004) - SECT 8

8 .         References to convictions

        (1)         For the purposes of this Act, a reference to a conviction in relation to an offence committed by a person is a reference to any of the following —

            (a)         a court making a formal finding of guilt in relation to the offence;

            (b)         a court convicting the person of the offence, if there has been no formal finding of guilt before conviction;

            (c)         a court accepting a plea of guilty from the person in relation to the offence;

            (d)         a court acquitting the person following a finding under The Criminal Code section 27 that the person is not guilty of the offence on account of unsoundness of mind or an acquittal following an equivalent finding under the laws of another jurisdiction.

        (2)         For the purposes of this Act, a reference to a conviction includes a reference to a conviction that is a spent conviction.

        (3)         For the purposes of subsection (2), an offence becomes spent if, under a law in any jurisdiction, the person concerned is permitted not to disclose the fact that he or she was convicted or found guilty of the offence.

        (4)         A reference to a conviction in this Act does not include a reference to a conviction that is subsequently quashed or set aside by a court.