Under section 7 of the Act, apart from a sex offence, the qualification period for an eligible juvenile offence (other than where a person was dealt with as an adult) is five consecutive years from the relevant day for the conviction for the offence. In any other case the qualification period is ten consecutive years.

Under sections 8A, 8B and 8C there are additional steps to make a conviction spent for an eligible sex offence, designated sex-related offence, or a prescribed public decency offence [see also Chapter 7 Part 6 of the Uniform Special Statutory Rules 2022 (SA)]. A qualified magistrate must also make an order that the conviction is spent. There are several factors that the magistrate must take into account when making such an order and these are provided for in sections 8A(5), 8B (5-6), 8C (6-8); including whether the offence has since been decriminalised. The Act allows for certain people (in addition to a convicted person) to apply for a spent conviction order in respect to a designated sex-related offence or a prescribed public decency offence, if the convicted person has a mental incapacity, or they are deceased [see Schedule 2 Clause 1A].

An order for an eligible sex offence (under section 8A) cannot be made by the magistrate if the same order has been refused by a magistrate within the preceding two years [s 8A(2)(b)]. An application under sections 8A, 8B or 8C of the Act must comply with Form 1Z Originating Application - Spent Convictions Act Order and be accompanied by a Form 7 Affidavit [r 327.1]. A National Police Check processed within the previous 6 months must also be attached to the Affidavit [r 327.1(2)(c)].