South-west Indigenous elder Lenny Clarke delighted about new spent convictions scheme

The Spent Convictions Bill 2020 passed the legislative council 25 votes to 14 on Thursday evening, making Victoria the last state in Australia to introduce a spent convictions scheme.

It means eligible minor convictions will become "spent" from December 1 and no longer show on a police check after 10 years, or five years for a juvenile conviction, if the person does not re-offend during that time.

For more serious offences, rehabilitated offenders will have to make an application to the Magistrates Court for their conviction to be spent.

The scheme will also make discrimination on the basis of a spent conviction unlawful, a change south-west Indigenous elder Lenny Clarke has long advocated for.

"Discrimination against minor criminal matters has always been an injustice that has really affected the Aboriginal community more than others," Mr Clarke told The Standard.

"Someone who pinched an apple as a juvenile has carried that with them for life. It restricts their ability to get employment, from finding a home and it tears families apart."

Mr Clarke has been advocating for a spent convictions scheme since the 1980s, when he was the Aboriginal advisor to former chief commissioner Sinclair Imrie 'Mick' Miller.

"Me and the then chief commissioner, along with a few other commanders in the force, tried to get this act through but we were taken to hell and unfortunately it was dropped," he said

"I am absolutely delighted that what we started 35 years ago has now become a reality."

Mr Clarke said the disclosure of old and irrelevant criminal records created a "life-altering chain reaction".

"It causes unemployment which creates extreme poverty and increases the person's likelihood of using drugs and alcohol because they haven't got a meaningful life," he said.

"The disclosure (of old minor criminal records) has a real lasting effect."

The spent convictions scheme is designed to reduce the damaging effect old criminal records can have on people looking for employment, as well as when they try to secure housing or apply for volunteer work.

Minor convictions particularly impact people who are disproportionately represented in the criminal justice system, including Aboriginal Victorians and young people.

"The days of past minor offences dictating the course of someone's entire life are over," Victorian Attorney-General Jaclyn Symes said in a statement.

"These laws will give hope to many Victorians doing it tough."

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