Historical Homosexual Convictions Expungement Act 2018 00-00-00 Xml

Western Australia

Historical Homosexual Convictions Expungement Act 2018

No. 20 of 2018

An Act to —

·provide for a scheme to enable certain convictions for historical homosexual offences to be expunged; and

·make consequential amendments to the Working with Children (Criminal Record Checking) Act 2004,

and for related purposes.

[Assented to 18 September 2018]

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1.Short title

This is the Historical Homosexual Convictions Expungement Act 2018.

2.Commencement

This Act comes into operation as follows —

(a)Part 1 other than sections 3 and 4 — on the day on which this Act receives the Royal Assent;

(b)the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3.Terms used

(1)In this Act —

applicant means —

(a)a person who makes an application under section 5(1); or

(b)a person who makes an application under section 5(2) in respect of another person;

application means an application under section 5;

Australian Crime Commission means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 (Commonwealth);

CEO means the chief executive officer of the Department;

Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892 section 5;

conviction —

(a)means a finding of guilt by a court, or the acceptance of a plea of guilty by a court, whether on indictment or summarily, and whether or not a conviction is recorded; and

(b)regardless of the Spent Convictions Act 1988 sections 13 and 25 to 27, includes a spent conviction as defined in section 3 of that Act;

data controller, in relation to official criminal records held by —

(a)the Police Force, or by the agency (as defined in the Public Sector Management Act 1994 section 3(1)) principally assisting the Minister responsible for the administration of the Police Act 1892 in the administration of that Act, means the Commissioner of Police;

(b)the DPP means the DPP;

(c)the District Court means the Principal Registrar of the District Court;

(d)the Magistrates Court means the Principal Registrar of the Magistrates Court;

(e)the Supreme Court means the Principal Registrar of the Supreme Court;

(f)the Children’s Court means a registrar of the Children’s Court;

(g)a body prescribed for the purposes of this paragraph means the person prescribed in relation to that body for the purposes of this paragraph;

Department means the department of the Public Service principally assisting the Minister in the administration of this Act;

DPP means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1991;

eligible person means a person who has been convicted of a historical homosexual offence;

expunged conviction means a conviction expunged under section 11(3), and has a meaning affected by subsection (2);

historical homosexual offence means any of the following offences —

(a)an offence listed in Schedule 1;

(b)an offence prescribed for the purposes of this definition;

(c)an offence of attempting, conspiring with another person, or inciting another person, to commit an offence referred to in paragraph (a) or (b);

official criminal record means a record (including an electronic record) containing information about the outcome of criminal proceedings kept by —

(a)the Police Force of Western Australia or by the agency (as defined in the Public Sector Management Act 1994 section 3(1)) principally assisting the Minister responsible for the administration of the Police Act 1892 in the administration of that Act; or

(b)the DPP; or

(c)a court of this State; or

(d)a body prescribed for the purposes of paragraph (g) of the definition of data controller;

personal information has the meaning given in the Freedom of Information Act 1992 in the Glossary clause 1;

prescribed means prescribed by the regulations.

(2)In this Act, a reference to an expunged conviction includes a reference to the charge to which the conviction relates.

4.Act binds Crown

This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

Part 2 — Applications and determinations

Division 1 — Making an application

5.Application for convictions for historical homosexual offences to be expunged

(1)A person who has been convicted of a historical homosexual offence may apply to the CEO for the conviction to be expunged.

(2)An application may be made in respect of a person who has been convicted of a historical homosexual offence (the eligible person) by a person who has attained the age of 18 years and who is —

(a)if an enduring power of guardianship has effect under the Guardianship and Administration Act 1990 Part 9A in relation to the eligible person — the enduring guardian of the eligible person under that Act; or

(b)if the eligible person is a represented person as defined in the Guardianship and Administration Act 1990 section 3(1) — a guardian of the eligible person under that Act;

(c)if the eligible person has died —

(i)a person who was the spouse or de facto partner of the eligible person, immediately before the eligible person’s death; or

(ii)a parent, child or sibling of the eligible person, whether the relationship is of the whole or half blood, established by, or traced through, marriage, a written law or a natural relationship; or

(iii)the executor of the will, or administrator of the estate, of the eligible person; or

(iv)a person who maintained a close personal relationship, within the meaning of that phrase in the Guardianship and Administration Act 1990 section 110ZD(5), with the eligible person immediately before the eligible person’s death; or

(v)if another person was involved in the conduct that constituted the offence — the other person.

(3)An application must —

(a)be in a form approved by the CEO; and

(b)contain the information required in section 6; and

(c)be lodged in the manner prescribed or, if this is not prescribed, in a manner approved by the CEO.

(4)Despite subsection (1), if an application in respect of a conviction has been refused by the CEO a further application in respect of the same conviction is only to be considered by the CEO if the CEO is satisfied on reasonable grounds that necessary supporting information in the further application became available only after the initial application was refused.

6.Contents of application

(1)An application must include the following information —

(a)the applicant’s full name, residential address and telephone number;

(b)the full name of the eligible person and any other names by which the eligible person is or has been known;

(c)the date and place of birth of the eligible person;

(d)the residential address of the eligible person at the time of the historical homosexual offence and of the conviction for the offence;

(e)an address to which notices or other documents addressed to the applicant may be sent, which may be a residential or business address, a post office box or an email address;

(f)in relation to the historical homosexual offence to which the application relates —

(i)the name and location of the court by which the eligible person was convicted of the historical homosexual offence; and

(ii)the date of the conviction; and

(iii)the name of the historical homosexual offence; and

(iv)details of the historical homosexual offence and the conduct constituting the historical homosexual offence;

(g)any prescribed information;

(h)any additional information or additional documents that the CEO requires.

(2)An application made —

(a)under section 5(1) by an eligible person — must be accompanied by a consent by which the applicant authorises the disclosure to the CEO of any records relating to the historical homosexual offence to which the application relates created by a data controller, whether held by that data controller or any other person or entity; and

(b)under section 5(2) in respect of an eligible person — is taken to include the consent of the eligible person described in paragraph (a).

(3)An application may include, or be accompanied by, statements by the applicant or written evidence given by any other person (including a person involved in the conduct constituting the offence) about the matters about which the CEO must be satisfied under section 10(1).

7.Providing further information

(1)If an application does not contain the information required in section 6 the CEO may give notice to the applicant requiring the applicant to provide the information required to the CEO within 28 days, or such longer period as is specified by the CEO in the notice.

(2)The applicant may submit to the CEO statements or evidence of a kind referred to in section 6(3) at any time after making the application and before it has been determined by the CEO.

(3)Nothing in subsection (1) prevents the CEO from considering an application that does not include all the information required in section 6 if the CEO chooses to do so, but the CEO may treat an application as having been withdrawn if the applicant does not comply with a requirement under subsection (1) to provide information.

(4)An applicant is taken to have complied with a requirement under subsection (1) to provide information if the applicant satisfies the CEO that the applicant is unable to comply with the requirement.

8.Withdrawal of application

(1)An applicant may withdraw their application at any time before the CEO determines it.

(2)The CEO may treat an application as having been withdrawn if the applicant does not comply with a requirement under section 7(1) or a requirement for further information or additional documents under section 9(3).

(3)Despite an application being withdrawn or treated as having being withdrawn under this section, the CEO may reinstate the application if satisfied that the applicant wants to proceed with it and has provided any information required under section 7(1) or further information or additional documents required under section 9(3).

Division 2 — Determination of applications

9.Investigation of application

(1)In considering an application, the CEO may take all steps and make all inquiries that are reasonable and appropriate to consider the application properly.

(2)However, the CEO must not hold an oral hearing for the purpose of determining the application.

(3)The CEO may give notice to an applicant requiring the applicant to provide additional information or additional documents that the CEO considers necessary to determine the application to the CEO within 28 days, or such longer period as is specified by the CEO in the notice.

(4)The CEO may, by notice given to a person who may be able to provide information relevant to an application, require the person to answer specified questions or to provide other information or documents within the period, and in the manner, specified in the notice.

(5)A person must not fail, without reasonable excuse, to comply with a notice under subsection (4).

Penalty for this subsection: a fine of $2 000.

(6)If any information or document is obtained by the CEO under this Part, evidence of that information or document, or evidence of the obtaining of that information or document, may be used only for the administration of this Act.

10.Matters to be considered in determining application

(1)The CEO must not approve an application unless satisfied —

(a)that the offence is a historical homosexual offence; and

(b)that, on the balance of probabilities, both of the following tests are satisfied in relation to the eligible person —

(i)the eligible person would not have been charged with the historical homosexual offence but for the fact that the eligible person was suspected of having engaged in the conduct constituting the offence for the purposes of, or in connection with, sexual activity of a homosexual nature;

(ii)the conduct constituting the historical homosexual offence, if engaged in by the eligible person at the time of the making of the application, would not constitute an offence under the law of this State.

(2)In considering whether the test set out in subsection (1)(b)(ii) is satisfied, the CEO must have regard to —

(a)whether any person involved in the conduct constituting the historical homosexual offence, including the eligible person, consented to the conduct; and

(b)the ages, or respective ages, of any such persons at the time of that conduct.

(3)If the consent of a person is an issue in considering an application, the CEO may only be satisfied on written evidence on that issue —

(a)from the available official criminal records; or

(b)from a person, other than the eligible person, who was involved in the conduct constituting the historical homosexual offence; or

(c)if no person referred to in paragraph (b) can be found after reasonable enquiries are made by the applicant, from a person (other than the applicant) with knowledge of the circumstances in which that conduct occurred.

(4)In considering an application the CEO may have regard to any matter the CEO reasonably considers relevant in the circumstances.

11.Determination of application

(1)The CEO must determine an application as soon as practicable after it is received.

(2)The CEO is to determine an application by —

(a)approving the application; or

(b)refusing the application.

(3)If the application is approved, the conviction for the historical homosexual offence is expunged.

(4)The CEO must not refuse an application unless the CEO has —

(a)given notice to the applicant and, if the applicant is not the eligible person and it is practicable to do so, to the eligible person stating that —

(i)the CEO proposes to refuse the application; and

(ii)further written information or documents that show cause why the application should not be refused may be submitted to the CEO within 14 days after the day on which the notice is given;

and

(b)provided to the person, or persons, to whom the notice is given, at the time that the notice is given, copies of all official criminal records in the possession of the CEO relating to the conviction for the historical homosexual offence; and

(c)taken into account any further written information or documents submitted by that person, or persons, within the period specified in the notice.

(5)The CEO must ensure that personal information (other than personal information about the eligible person) is withheld from official criminal records provided under subsection (4)(b).

(6)The CEO must, as soon as possible after a determination under this section is made, give the applicant and, if the applicant is not the eligible person and it is practicable to do so, the eligible person, written notice of the determination and, if the application is refused, that notice is to —

(a)set out the reasons for the refusal; and

(b)give information about the right to have the determination reviewed.

Division 3 — Determination that conviction is no longer expunged

12.Determination that conviction is no longer expunged

(1)If the CEO is satisfied that a conviction became an expunged conviction by reason of an application that included false or misleading information, or documents that are false or misleading, the CEO may determine that the conviction is no longer an expunged conviction.

(2)The CEO must not make a determination that a conviction is no longer an expunged conviction unless the CEO has —

(a)given notice to the applicant and, if the applicant is not the eligible person and it is practicable to do so, to the eligible person stating that —

(i)the CEO proposes to make a determination that the conviction is no longer an expunged conviction; and

(ii)further written information or documents that show cause why the determination should not be made may be submitted to the CEO within 14 days after the day on which the notice is given;

and

(b)provided to the person, or persons, to whom the notice is given, at the time that the notice is given, copies of any documents or information (including official criminal records) in the possession of the CEO relating to the proposed determination; and

(c)taken into account any further written information or documents submitted by that person, or persons, within the period specified in the notice.

(3)The CEO must ensure that personal information (other than personal information about the eligible person) is withheld from any documents and information provided under subsection (2)(b).

(4)A conviction ceases to be an expunged conviction on and from the date of a determination under this section.

(5)The CEO must, as soon as possible after a determination under this section is made, give the applicant and, if the applicant is not the eligible person and it is practicable to do so, the eligible person, written notice of the determination that —

(a)sets out the reasons for the determination; and

(b)gives information about the right to have the determination reviewed.

(6)The CEO must, within 28 days after making a determination under this section, notify any relevant data controller in writing that the conviction is no longer an expunged conviction.

(7)On receipt of a notification under subsection (6), the relevant data controller must, within 28 days, annotate any entry contained in any official criminal records under the management or control of the data controller that was annotated under section 13(2) with a statement to the effect that the entry relates to a conviction that was an expunged conviction but is no longer an expunged conviction.

Part 3 — Consequences of convictions being expunged

13.Annotation of official criminal records

(1)On approving an application under section 11(2)(a), the CEO must, within 28 days, notify any relevant data controller in writing of that determination.

(2)On receipt of a notification under subsection (1), the relevant data controller must, within 28 days, annotate any entry relating to the expunged conviction contained in any official criminal records under the management or control of the data controller with a statement to the effect that the entry relates to an expunged conviction.

(3)A data controller must notify the CEO in writing, as soon as is reasonably practicable —

(a)that subsection (2) has been complied with in relation to official criminal records under the management or control of the data controller; or

(b)that subsection (2) has not been complied with due to a failure to locate any official criminal records under the management or control of the data controller relating to the expunged conviction.

(4)As soon as is reasonably practicable after the CEO is satisfied that all necessary action has been taken in relation to entries in official criminal records, the CEO must give written notice of that fact to the applicant and, if the applicant is not the eligible person and it is practicable to do so, to the eligible person.

14.Effect of expunging

If an eligible person’s conviction is expunged under section 11(3) —

(a)the person is not required to disclose the expunged conviction to any other person, including when giving evidence under oath in legal proceedings; and

(b)the expunged conviction is taken not to form part of the person’s official criminal record; and

(c)a question about the person’s criminal history, including a question in legal proceedings required to be answered under oath, is taken not to refer to the expunged conviction; and

(d)in applying a provision of any legislation, agreement or arrangement to the person —

(i)a reference to a conviction, however expressed, is taken not to refer to the expunged conviction; and

(ii)a reference, however expressed, to the person’s character is not to be taken to allow or require anyone to take account of the expunged conviction;

and

(e)the expunged conviction, or the non‑disclosure of the expunged conviction, is not a proper ground for —

(i)refusing the person any appointment, office, status or privilege; or

(ii)revoking any appointment, status or privilege held by the person or dismissing the person from any office.

15.Disclosure of expunged records

(1)A person with access to official criminal records must not directly or indirectly, without lawful authority, disclose any information about another person’s expunged conviction held in those records without the consent of that other person.

Penalty for this subsection: a fine of $10 000.

(2)Subsection (1) does not apply to —

(a)an archive or library, or an authorised officer of an archive or library, that makes available to a member of the public, or to another archive or library, under the normal procedures of the archive or library, material that is normally available for public use and that contains information about an expunged conviction; or

(b)the CEO, or any person acting under the direction of the CEO, in informing a data controller that holds information about convictions that a particular conviction is an expunged conviction; or

(c)the Commissioner of Police, or any person acting under the direction of the Commissioner of Police, disclosing to the Australian Crime Commission, for incorporation into the police information sharing system known as the National Police Reference System, the fact that a specified conviction has become an expunged conviction.

(3)This section has effect despite —

(a)the Health Practitioner Regulation National Law (Western Australia) sections 77(4), 79(3) and 135(3); or

(b)any Act that provides that information relating to spent convictions may be disclosed.

16.Improperly obtained information about expunged convictions

A person must not fraudulently or dishonestly obtain, or attempt to obtain, information about another person’s expunged conviction from an official criminal record.

Penalty: a fine of $10 000.

17.Discrimination on grounds of expunged conviction

(1)The Spent Convictions Act 1988 Part 3 Division 3 applies to and in respect of expunged convictions in the same manner as it applies to and in respect of spent convictions and, for that purpose, a reference in that Division to a spent conviction is to be taken to be a reference to an expunged conviction.

(2)Without limiting the application of the provisions of the Spent Convictions Act 1988 under subsection (1), for the purposes of those provisions —

(a)in relation to discrimination on the ground of an expunged conviction or the charge to which it relates —

(i)the Minister has the powers conferred by the Equal Opportunity Act 1984 sections 81 and 107(1) on the Minister to whom the administration of that Act is committed; and

(ii)the Commissioner under that Act has the functions set out in sections 80(a), (b)(i), (c), (e) and (h), 81 and 95 of that Act;

and

(b)the Equal Opportunity Act 1984 sections 155, 159, 160, 161, 162 and 163 apply as if they were set out in this Act.

Part 4 — Miscellaneous

18.Review by State Administrative Tribunal of CEO’s decisions

(1)In this section —

affected person, in relation to a reviewable decision, means —

(a)the person who made the application to which the decision relates; or

(b)the eligible person — if the person referred to in paragraph (a) is not the eligible person;

reviewable decision means a determination of the CEO —

(a)under section 11(2)(b) to refuse an application; or

(b)under section 12(1) that a conviction is no longer an expunged conviction.

(2)An affected person may apply to the State Administrative Tribunal for a review of a reviewable decision.

(3)The application must be made within 28 days after the day on which the CEO gives notice of the relevant determination in accordance with section 11(6) or 12(5), as is relevant.

(4)Despite the State Administrative Tribunal Act 2004 section 61, a review of a reviewable decision is to be held in private and the Tribunal may order that no person is to be in the room or place without the Tribunal’s permission.

(5)For the purposes of the State Administrative Tribunal Act 2004, in respect of a review of a reviewable decision, each of the following is a protected matter —

(a)any evidence given before the Tribunal;

(b)the contents of any documents produced to the Tribunal;

(c)any information that might enable a person who has appeared before the Tribunal to be identified.

19.No entitlement to compensation

A person who has an expunged conviction is not entitled to compensation of any kind, on account of that conviction becoming an expunged conviction, in respect of the fact that the person —

(a)was charged with, or prosecuted for, the historical homosexual offence; or

(b)was convicted of, or sentenced for, the historical homosexual offence; or

(c)served a sentence for the historical homosexual offence; or

(d)was required to pay a fine or other money (including costs or any amount by way of restitution or compensation) on account of being convicted of, or sentenced for, the historical homosexual offence; or

(e)incurred any loss, or suffered any consequence, as a result of any circumstance referred to in paragraphs (a) to (d); or

(f)has an expunged conviction.

20.Royal Prerogative of Mercy not affected

This Act does not affect the Royal Prerogative of Mercy.

21.Integrity of official criminal records

Subject to sections 12(7) and 13(2), nothing in this Act is to be taken as authorising or requiring any person to destroy, cull or edit any documents containing official criminal records.

22.Prior lawful acts not affected

Nothing in this Act is to be taken as affecting anything lawfully done before a conviction is expunged.

23.Confidentiality

(1)A person must not, directly or indirectly, record, disclose or make use of any information obtained by reason of a function that the person has, or at any time had, in the administration of this Act except —

(a)for the purpose of, or in connection with, performing a function under this Act; or

(b)as required or allowed by this Act or under another written law; or

(c)for the purposes of proceedings before a court or other person or body acting judicially; or

(d)under an order of a court or other person or body acting judicially; or

(e)with the written consent of the person to whom the information relates; or

(f)in other circumstances prescribed for this subsection.

Penalty for this subsection: a fine of $10 000.

(2)Subsection (1) does not apply to the recording, disclosure or use of statistical or other information that could not reasonably be expected to lead to the identification of any person to whom it relates.

24.Giving notice

If by or under this Act notice is required or permitted to be given by the CEO to an applicant or eligible person, the notice may be given to the applicant or person —

(a)by delivering it personally to the applicant or person, as is relevant; or

(b)by sending it to the applicant at the address given in the application for that purpose.

25.Evidentiary provisions

(1)This section applies to a document purporting to be given by the CEO or a delegate of the CEO certifying as to whether an application in respect of a specified conviction for a historical homosexual offence was approved or refused.

(2)The document is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the document.

(3)The document must be presumed in any proceedings, in the absence of evidence to the contrary, to have been given by the CEO or a person who was, at that time, a delegate of the CEO, as the case requires.

26.Protection from liability for wrongdoing

(1)An action in tort does not lie against a person for anything that the person has done in good faith —

(a)in the performance or purported performance of a function under this Act; or

(b)in assisting another person in the performance or purported performance of a function under this Act.

(2)The protection given by subsection (1) applies even though the thing done as described in that provision may have been capable of being done whether or not this Act had been enacted.

(3)Despite subsection (1), the State is not relieved of any liability that it might have for an act done by a person against whom this section provides that an action does not lie.

(4)In this section, a reference to the doing of anything includes a reference to an omission to do anything.

27.Delegation

(1)The CEO may delegate any function of the CEO under another provision of this Act to a person who is a senior executive officer (as that term is defined in the Public Sector Management Act 1994 section 3(1)) employed in the Department.

(2)The delegation must be in writing signed by the CEO.

(3)A person to whom a function is delegated under this section cannot delegate that function.

(4)A person exercising or performing a function that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(5)This section does not limit the ability of the CEO to perform a function through an officer or agent.

28.Offence to give false or misleading information

(1)A person must not do anything set out in subsection (2) —

(a)in, or in connection with, an application made or a notice or other document given under this Act; or

(b)in compliance, or purported compliance, with a requirement or request under this Act; or

(c)for any other purpose under this Act.

Penalty for this subsection: a fine of $10 000.

(2)The things to which subsection (1) applies are as follows —

(a)making a statement knowing it to be false or misleading in a material particular;

(b)omitting from a statement made anything without which the statement is, to the person’s knowledge, misleading in a material particular;

(c)giving information that —

(i)the person knows is false or misleading in a material particular; or

(ii)omits anything without which the information, to the person’s knowledge, is misleading in a material particular.

29.Regulations

(1)The Governor may make regulations prescribing matters —

(a)required or permitted to be prescribed by this Act; or

(b)necessary or convenient to be prescribed for giving effect to this Act.

(2)Without limiting subsection (1), the regulations may provide that a provision of this Act does not apply in relation to any, or a combination, of the following —

(a)a specified conviction, finding or order, or a charge relating to the conviction, finding or order;

(b)a specified person or class of persons;

(c)specified circumstances.

30.Annual Report

(1)The CEO must prepare and submit to the Minister, not later than 30 September in each year, a report for the previous financial year that contains details of the following —

(a)the number of applications made under section 5;

(b)for applications determined under section 11 —

(i)the number of applications approved under section 11(2);

(ii)the number of applications refused under section 11(2) and a summary of the grounds for refusal;

(iii)the number of convictions expunged under section 11(3) and a summary of the offences to which the expunged convictions relate;

(iv)the average amount of time taken to determine an application;

(c)the number of determinations that a conviction is no longer an expunged conviction under section 12(1) and a summary of the grounds for the determinations;

(d)the number of review applications made to the State Administrative Tribunal under section 18 and the outcomes of such applications, if available;

(e)any other matters that are, in the CEO’s opinion, of such significance as to require reporting.

(2)The Minister must cause a copy of the annual report to be laid before each House of Parliament within 14 sitting days after the report is received by the Minister.

31.Review of Act

(1)The Minister must review the operation and effectiveness of this Act, and prepare a report based on the review, as soon as practicable after the 5th anniversary of the day on which this section comes into operation.

(2)The Minister must cause the report to be laid before each House of Parliament as soon as practicable after it is prepared, but not later than 12 months after the 5th anniversary.

Part 5 — Working with Children (Criminal Record Checking) Act 2004 amended

32.Section 4 amended

In section 4 in the definition of non‑conviction charge delete “conviction;” and insert:

conviction, and has a meaning affected by section 8A;

33.Section 8A inserted

After section 8 insert:

8A.Expunged convictions to be taken to be non‑conviction charges for the purposes of this Act

(1)For the purposes of this Act, a reference to a non‑conviction charge includes a reference to an expunged conviction, as that term is defined in the Historical Homosexual Convictions Expungement Act 2018 section 3(1).

(2)Subsection (1) applies despite anything in the Historical Homosexual Convictions Expungement Act 2018.

Schedule 1 — Offences

[s. 3(1)]

An offence against The Criminal Code section 181(1) or (3) as in force before 23 March 1990.

An offence against The Criminal Code section 184 as in force before 21 September 2002.

An offence against The Criminal Code section 186(1)(a) as in force during the period beginning 23 March 1990 and ending 21 September 2002.

An offence against The Criminal Code section 187(2) as in force during the period beginning 23 March 1990 and ending 1 August 1992.

An offence against The Criminal Code section 189(2) as in force during the period beginning 23 March 1990 and ending 1 August 1992.

An offence against The Criminal Code section 322A as in force during the period beginning 1 August 1992 and ending 21 September 2002.

dline

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

affected person18(1)

applicant3(1)

application3(1)

Australian Crime Commission3(1)

CEO3(1)

Commissioner of Police3(1)

conviction3(1)

data controller3(1)

Department3(1)

DPP3(1)

eligible person3(1)

expunged conviction3(1)

historical homosexual offence3(1)

official criminal record3(1)

personal information3(1)

prescribed3(1)

reviewable decision18(1)

By Authority: KEVIN J. McRAE, Government Printer

Error! Unknown document property name.

By Authority: KEVIN J. McRAE, Government Printer