SA Disclosure of Spent Conviction - Claim Against Damages?

[george8]

Hi,

I recently applied for a National Criminal History check and the result was issued disclosing eligible spent convictions. Do I have any legal standing to claim damages against the company who issued the convictions and/or subsequently the SA Police who ultimately unlawfully disclosed detail on the spent convictions? As a minimum, should the Police and police check provider be prosecuted in accordance with the act?

Thanks in advance.

 

[Lance]

Hi George,
I had a quick read through the Spent Convictions Act 2009 and it looks like the convictions should have become spent automatically. I recall reading that in some states you need to apply to have convictions spent after the requisite timeframe, but I didn't read that here. So your questions, it would appear who ever did your National criminal history check may be in breach of sect 14 SPENT CONVICTIONS ACT 2009 - SECT 14 and you may be able to pursue a civil claim if the subsequent disclosure has caused you to suffer a loss or damage.