Revised Laws of Saint Lucia (2021)

8.   Disclosure by rehabilitated person of spent convictions

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    (1)   A person shall, if requested to do so, disclose in relation to himself or herself particulars of any spent conviction—

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      (a)     when seeking to be made a member of a professional body of any of the professions specified in Part 1 of Schedule 2;

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      (b)     when seeking to be appointed to any office of employment specified in Part 2 of Schedule 2;

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      (c)     when seeking to become engaged in any business of the type specified in Part 3 of Schedule 2.

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    (2)   A disclosure of particulars of a spent conviction pursuant to subsection (1), shall be made—

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      (a)     to any person duly authorised by-

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        (i)     the professional body, or

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        (ii)     the organisation responsible for the office of employment;

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      (b)     in relation to any business referred to in paragraph (c) of subsection (1), to such person as may be designated by the Minister for the purpose.

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    (3)   The particulars of a spent conviction, disclosed to a duly authorised person pursuant to this section, may be published or communicated only where—

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      (a)     the publication or communication is in accordance with rules or regulations for the time being in force of the professional body, office of employment or business, as the case may be, of which the person making the disclosure under subsection (1), is aware when he or she made the disclosure; and

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      (b)     the rules or regulations authorise the general disclosure or publication of these particulars to persons who, by virtue of their position or relationship with the professional body, office of employment or business, as the case may be, are authorized by the said rules or regulations, to have such particulars communicated to them.

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    (4)   The Minister may, by Order, in the Gazette, amend Schedule 2.

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    (5)   The Minister may, by Order vary the circumstances in which spent convictions may be disclosed.

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    (6)   Any person who contravenes subsection (3) commits an offence.