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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Sentencing Amendment (Historical Homosexual
Convictions Expungement) Bill 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--AMENDMENT OF SENTENCING ACT 1991 3
3 New Part 8 inserted 3
PART 8--HISTORICAL HOMOSEXUAL CONVICTIONS 3
105 Definitions 3
105A Part to bind the Crown 6
105B Application to Secretary for convictions for historical
homosexual offences to be expunged 6
105C Submission of further information etc. 9
105D Consideration of application 9
105E Response to enquiries or requests for information 11
105F Appointment of advisors 12
105G Mandatory tests 12
105H Withdrawal of application 14
105I Determination of application 14
105J Effect of expungement of conviction 15
105K Obligations in relation to official records 17
105L Jurisdiction of VCAT 19
105M Restriction on right to re-apply 19
105N Delegation 20
105O Confidentiality 20
105P Giving of notices 21
105Q Evidentiary provisions 21
105R Immunity 22
105S No entitlement to compensation 22
4 New section 157 inserted 23
157 Transitional provision--Sentencing Amendment
(Historical Homosexual Convictions Expungement)
Act 2014 23
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Clause Page
PART 3--AMENDMENT OF VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998 25
5 New Part 18 inserted in Schedule 1 25
PART 18--SENTENCING ACT 1991 25
78 Application of Part 25
79 Constitution of Tribunal 25
80 Confidentiality of proceeding 25
81 Effect of original decision pending review 26
82 Tribunal file not open for inspection 27
PART 4--REPEAL OF AMENDING ACT 28
6 Repeal of amending Act 28
ENDNOTES 29
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PARLIAMENT OF VICTORIA
Introduced in the Council
Sentencing Amendment (Historical
Homosexual Convictions Expungement)
Bill 2014
A Bill for an Act to amend the Sentencing Act 1991 to establish a
scheme under which convictions for certain offences related to
conduct engaged in for the purposes of, or in connection with, sexual
activity of a homosexual nature may be expunged, to make
consequential amendments to the Victorian Civil and
Administrative Tribunal Act 1998 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to amend the
Sentencing Act 1991 to establish a scheme under
5 which convictions for certain offences related to
conduct engaged in for the purposes of, or in
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s. 2
connection with, sexual activity of a homosexual
nature may be expunged.
2 Commencement
(1) Subject to subsection (2), this Act comes into
5 operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 September 2015, it comes into
operation on that day.
__________________
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s. 3
PART 2--AMENDMENT OF SENTENCING ACT 1991
3 New Part 8 inserted
After Part 7 of the Sentencing Act 1991 insert-- See:
Act No.
49/1991.
"PART 8--HISTORICAL HOMOSEXUAL Reprint No. 16
5 CONVICTIONS as at
1 July 2014
and
105 Definitions amending
Act Nos
(1) In this Part-- 32/2013,
77/2013,
agreement includes arrangement; 15/2014,
17/2014,
application means application under section 37/2014,
10 105B; 47/2014,
52/2014,
55/2014,
conviction includes a finding of guilt made 61/2014 and
by a court, whether or not a conviction 63/2014.
LawToday:
is recorded; www.
legislation.
Crim Trac means the Crim Trac Agency vic.gov.au
15 established under section 65 of the
Public Service Act 1999 of the
Commonwealth;
data controller, in relation to official records
held by--
20 (a) a court, means the Court Chief
Executive Officer for the court
appointed under section 30 of the
Court Services Victoria Act
2014; or
25 (b) VCAT, means the Court Chief
Executive Officer for VCAT
appointed under section 30 of the
Court Services Victoria Act
2014; or
30 (c) Victoria Police, means the Chief
Commissioner of Police; or
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(d) the Office of Public Prosecutions,
means the Solicitor for Public
Prosecutions appointed under
section 42 of the Public
5 Prosecutions Act 1994;
expunged conviction means a conviction
that has become an expunged
conviction by force of section 105I;
historical homosexual offence means--
10 (a) a sexual offence or a public
morality offence; or
(b) an offence of attempting to
commit a sexual offence or a
public morality offence; or
15 (c) an offence of being involved
(within the meaning given by
section 323(1)(a) or (b) of the
Crimes Act 1958) in the
commission of a sexual offence or
20 a public morality offence; or
(d) an offence of inciting or
conspiring to commit a sexual
offence or a public morality
offence;
25 legal proceeding has the same meaning as in
the Evidence (Miscellaneous
Proceedings) Act 1958;
official records means records containing
information about convictions held by
30 any court, VCAT, Victoria Police or the
Office of Public Prosecutions;
public morality offence means an offence,
other than a sexual offence, as in force
at any time--
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(a) the essence of which is the
maintenance of public decency or
morality; and
(b) by which homosexual behaviour
5 could be punished;
Example
Behaving in an indecent or offensive manner
contrary to section 17(1)(d) of the Summary
Offences Act 1966.
10 registered medical practitioner means a
person registered under the Health
Practitioner Regulation National Law to
practise in the medical profession
(other than as a student);
15 relevant authorisation, in relation to an Act,
means a licence, permit, approval,
consent, accreditation, exemption or
other authorisation under that Act;
secondary record means an official record
20 that is a copy, duplicate or reproduction
of, or extract from, another existing
official record, irrespective of whether
those records are held by the same
entity or by different entities;
25 sexual offence means an offence as in force
at any time by which any form of
homosexual conduct, whether
consensual or non-consensual or
penetrative or non-penetrative, could be
30 punished, whether or not heterosexual
conduct could also be punished by the
offence;
Example
Buggery contrary to section 68(2) of the
35 Crimes Act 1958 (as in force immediately
before the commencement of the Crimes
(Sexual Offences) Act 1980) or indecent
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assault on a male person contrary to
section 65(3) of the Crimes Act 1928.
Victoria Police has the same meaning as in
the Victoria Police Act 2013.
5 (2) In this Part, a reference to an expunged
conviction includes a reference to--
(a) the charge to which the expunged
conviction relates; and
(b) any investigation or legal process
10 associated with that charge or the
conviction.
105A Part to bind the Crown
(1) This Part binds the Crown, not only in right
of the State of Victoria, but also, so far as the
15 legislative power of the Parliament permits,
the Crown in all its other capacities.
(2) Nothing in this section affects any other
provision of this Act.
105B Application to Secretary for convictions
20 for historical homosexual offences to be
expunged
(1) A person who has been convicted of a
historical homosexual offence is entitled to
apply to the Secretary for the conviction to
25 be expunged.
(2) An application must--
(a) be in the form approved by the
Secretary; and
(b) be--
30 (i) signed by the applicant; or
(ii) if the applicant is not able to sign
the application because of a
disability within the meaning of
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the Equal Opportunity Act 2010,
accompanied by a statement from
a registered medical practitioner
certifying--
5 (A) that the person suffers from
such a disability; and
(B) that the person is not able to
sign the application because
of that disability; and
10 (c) include any identifying information of a
kind approved by the Secretary.
(3) The approved form must provide for the
supplying of the following information--
(a) the full name of the applicant and any
15 other names by which the applicant is
or has been known; and
(b) the residential address and telephone
number of the applicant; and
(c) the date and place of birth of the
20 applicant; and
(d) the gender of the applicant; and
(e) an address to which notices or other
documents addressed to the applicant
may be sent, which may be a residential
25 or business address, a post office box or
an email address; and
(f) the residential address of the applicant
at the time of the offence and of the
conviction; and
30 (g) in relation to the historical homosexual
offence to which the application relates,
so far as known to the applicant--
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(i) the name and location of the court
by which the applicant was
convicted; and
(ii) the date of the conviction; and
5 (iii) the name of the offence; and
(iv) details of the offence and the
offending conduct.
(4) The approved form must include provision
for the applicant to--
10 (a) authorise the conduct of a police record
check on the applicant in relation to the
conviction to which the application
relates; and
(b) consent to the disclosure to the
15 Secretary of any official records
relating to that conviction created by a
court, VCAT, Victoria Police or the
Office of Public Prosecutions, whether
held by that entity or by any other
20 entity.
(5) 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
25 conduct constituting the offence) about the
matters about which the Secretary must be
satisfied under section 105G(1).
(6) The Secretary, for the convenience of
applicants, must publish on an internet site
30 maintained by the Secretary--
(a) a blank application in the form
approved by the Secretary; and
(b) a list of the kinds of identifying
information that are approved by the
35 Secretary as acceptable for the purpose
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of establishing the identity of an
applicant.
105C Submission of further information etc.
(1) If the Secretary receives an application that
5 does not include all the information required
by section 105B, the Secretary may require
the applicant to provide that information in
the manner required by the Secretary within
28 days or any longer period that the
10 Secretary determines.
(2) The applicant may submit to the Secretary
statements or evidence of a kind referred to
in section 105B(5) at any time after making
the application and before it has been
15 determined by the Secretary.
(3) Nothing in subsection (1) prevents the
Secretary considering an application that
does not include all the information required
by section 105B if the Secretary chooses to
20 do so.
105D Consideration of application
(1) In considering an application, the
Secretary--
(a) must, in particular, consider--
25 (i) any available record of the
investigation of the offence, and
of any proceedings relating to it,
that the Secretary considers to be
relevant; and
30 (ii) any statements or written
evidence of a kind referred to in
section 105B(5) included in, or
accompanying, the application or
subsequently submitted by the
35 applicant; and
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(b) must have regard to any advice
provided by any person to whom the
Secretary has referred the application
for advice; and
5 Note
See section 105F.
(c) may make enquiries to, or request
information on the application from,
any person or body that the Secretary
10 thinks fit, including any court and the
Director of Public Prosecutions; and
(d) may require the applicant to provide
any further information that the
Secretary thinks fit in the manner
15 required by the Secretary within
28 days or any longer period that the
Secretary determines; and
(e) must not hold an oral hearing for the
purpose of determining the application.
20 (2) Subsection (3) applies to a record of the
investigation of an offence or of any
proceedings relating to an offence which the
Secretary has obtained because of a consent
given by an applicant under section
25 105B(4)(b) or an enquiry or request made by
the Secretary under subsection (1)(c) in
relation to an application.
(3) The Secretary, as soon as reasonably
practical after obtaining the record--
30 (a) must give the applicant access to it,
except so far as it contains information
relating to the personal affairs of any
person other than the applicant; and
(b) must give written notice to the
35 applicant that the Secretary will not
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proceed to determine the application
until at least 28 days, or any longer
period that the Secretary determines
and specifies in the notice, have passed
5 from the day on which the applicant is
given access to the record.
Note
The period provided for under paragraph (b)
allows the applicant to determine whether to
10 withdraw the application under section 105H or
submit, under section 105C(2), statements or
evidence of a kind referred to in
section 105B(5).
(4) In subsection (3)--
15 information relating to the personal affairs
of any person means information--
(a) that identifies a person or
discloses their address or location;
or
20 (b) from which a person's identity,
address or location can reasonably
be determined.
105E Response to enquiries or requests for
information
25 (1) A person or body to whom an enquiry or
request for information is made by the
Secretary under section 105D(1)(c) must
respond to the enquiry or request as promptly
as possible.
30 (2) Without limiting subsection (1), if a request
under section 105D(1)(c) is for a data
controller to provide to the Secretary a copy
of an official record held by the data
controller, the data controller must comply
35 with that request as promptly as possible.
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(3) A person or body, in responding to an
enquiry or request, is not bound by any duty
of confidentiality imposed on the person or
body by or under any Act (including the
5 Judicial Proceedings Reports Act 1958) or
agreement, despite anything to the contrary
in that Act or agreement.
105F Appointment of advisors
(1) The Secretary may appoint one or more
10 persons who are legal practitioners of at least
5 years standing to provide advice on any
particular application or on such applications
generally.
(2) A person appointed under subsection (1) is
15 entitled to be paid the fees and allowances
(if any) that are fixed from time to time by
the Secretary for that person.
105G Mandatory tests
(1) The Secretary must refuse an application
20 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
25 in relation to the applicant--
(i) the applicant would not have been
charged with the historical
homosexual offence but for the
fact that the applicant was
30 suspected of having engaged in
the conduct constituting the
offence for the purposes of, or in
connection with, sexual activity of
a homosexual nature;
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(ii) that conduct, if engaged in by the
applicant at the time of making the
application, would not constitute
an offence under the law of
5 Victoria.
(2) In considering whether the test set out in
subsection (1)(b)(ii) is satisfied, the
Secretary must (where relevant) have regard
to--
10 (a) whether any person involved in the
conduct constituting the offence
(including the applicant) consented to
the conduct; and
(b) the ages, or respective ages, of any such
15 persons at the time of that conduct.
(3) Subsection (4) applies if--
(a) consent of a person is a relevant issue
in determining whether the test set out
in subsection (1)(b)(ii) is satisfied; and
20 (b) the Secretary is not satisfied, from the
available official records, that consent
had been given.
(4) The Secretary may only be satisfied on the
issue of consent by written evidence
25 touching on that issue--
(a) from a person (other than the applicant)
who was involved in the conduct
constituting the offence; or
(b) if no such person can be found after
30 reasonable enquiries are made by the
applicant, from a person (other than the
applicant) with knowledge of the
circumstances in which that conduct
occurred.
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105H Withdrawal of application
(1) An applicant may withdraw their application
at any time before the Secretary determines
it.
5 (2) The Secretary may treat an application as
having been withdrawn if the applicant
does not, within the applicable period,
provide any information required under
section 105C(1) or further information
10 required under section 105D(1)(d).
(3) Despite an application being withdrawn or
treated as being withdrawn under this
section, the Secretary may reinstate
the application if satisfied that the
15 applicant wants to proceed with it and has
provided any information required under
section 105C(1) or further information
required under section 105D(1)(d).
105I Determination of application
20 (1) The Secretary must determine an application
as promptly as possible consistent with this
Act and its proper determination.
(2) The Secretary must give written notice of the
determination to the applicant and each
25 relevant data controller within 14 days after
making it.
(3) If an application is approved, the historical
homosexual conviction is expunged by force
of this section at the end of the prescribed
30 period after the making of the determination.
(4) If the determination is a refusal of the
application, the written notice must--
(a) state the reasons for the determination;
and
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(b) inform the applicant that they may
apply to VCAT to have the
determination reviewed; and
(c) explain how an application may be
5 made to VCAT.
(5) If the determination is an approval of the
application, the written notice must--
(a) state the reasons for the determination;
and
10 (b) advise that any relevant data controller
may apply to VCAT to have the
determination reviewed; and
(c) explain how an application may be
made to VCAT.
15 105J Effect of expungement of conviction
On and after a conviction of a person
becoming an expunged conviction--
(a) a question about the person's criminal
history (including one put in a legal
20 proceeding and required to be answered
under oath) is to be taken not to refer to
the expunged conviction, but to refer
only to any conviction that the person
has that is not expunged; and
25 (b) the person is not required to disclose to
any other person for any purpose
(including when giving evidence under
oath in a legal proceeding) information
concerning the expunged conviction;
30 and
(c) in the application to the person of an
Act, subordinate instrument or
agreement--
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(i) a reference to a conviction,
however expressed, is to be taken
not to refer to the expunged
conviction; and
5 (ii) a reference to the person's
character or fitness, however
expressed, is not to be taken as
allowing or requiring account to
be taken of the expunged
10 conviction; and
(d) the expunged conviction, or the non-
disclosure of the expunged conviction,
is not a proper ground for--
(i) refusing the person any
15 appointment, post, status or
privilege; or
(ii) revoking any appointment, status
or privilege held by the person, or
dismissing the person from any
20 post; and
(e) the fact that a refusal, revocation or
dismissal of a kind referred to in
paragraph (d) occurred, solely on
account of that conviction, before the
25 conviction became an expunged
conviction is not a proper ground for
such a refusal, revocation or dismissal
occurring after the expungement; and
(f) the person may re-apply, without
30 waiting out any minimum period
between applications for the relevant
authorisation provided for by or under
an Act, for a relevant authorisation
under an Act an application for which
35 was refused, solely on account of that
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conviction, before it became an
expunged conviction.
Note
Oath is defined by section 38 of the Interpretation of
5 Legislation Act 1984 as including an affirmation.
105K Obligations in relation to official records
(1) The Secretary, within the prescribed period
after a conviction becomes an expunged
conviction, must notify any relevant data
10 controller in writing of that fact.
(2) A data controller must take the action set out
in subsection (3) in relation to any entry
relating to the conviction contained in any
official records under their management or
15 control as soon as reasonably practical after
receiving a notice under subsection (1) and,
in any event, not later than the prescribed
period after receiving it.
(3) The action is--
20 (a) except for records covered by
paragraph (b), annotate the entry with a
statement to the effect that it relates to
an expunged conviction; or
(b) for records that are secondary records
25 held in an electronic format by Victoria
Police or the Office of Public
Prosecutions, take any necessary steps
to do one or more of the following--
(i) remove the entry;
30 (ii) make the entry incapable of being
found;
(iii) de-identify the information
contained in the entry and destroy
any link between it and
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information that would identify
the person to whom it referred.
(4) As soon as reasonably practical after taking
action in relation to an entry, the data
5 controller must give notice of the action
taken to the Secretary.
(5) As soon as reasonably practical after the
Secretary is satisfied that all necessary action
has been taken in relation to entries in
10 official records, the Secretary must give
written notice of that fact to the person who
has the expunged conviction.
(6) A person who has access to any official
records must not, directly or indirectly,
15 disclose or communicate to any person the
fact of a conviction, or of a charge related to
a conviction, that the person knows, or ought
reasonably to have known, is an expunged
conviction.
20 Penalty: Level 8 fine (120 penalty units
maximum).
(7) Subsection (6) does not apply if--
(a) the person who has the expunged
conviction gives written consent to the
25 disclosure or communication; or
(b) the disclosure or communication is
otherwise authorised by law.
(8) Subsection (6) does not prevent the Chief
Commissioner of Police disclosing to Crim
30 Trac, 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.
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105L Jurisdiction of VCAT
(1) An eligible person may apply to VCAT for
review of the decision of the Secretary on the
determination of an application.
5 (2) For the purposes of this section an eligible
person is--
(a) for a decision to refuse an application,
the applicant; and
(b) for a decision to approve an
10 application, a data controller who has
any official records relating to the
conviction under their management or
control.
(3) An application for review under
15 subsection (1) must be made within 28 days
after the day on which the applicant or the
data controller (as the case requires) is given
notice of the decision of the Secretary.
(4) The applicant is entitled to be given notice of
20 an application for review made under
subsection (1) by a data controller.
Note
See section 72 of the Victorian Civil and
Administrative Tribunal Act 1998.
25 105M Restriction on right to re-apply
(1) A person whose application in respect of a
historical homosexual conviction has been
refused by the Secretary is only entitled to
have a further application in respect of that
30 conviction considered by the Secretary in the
circumstances set out in subsection (2).
(2) The circumstances are that the Secretary is
satisfied that necessary supporting
information contained in the further
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application became available only after the
earlier application was determined.
105N Delegation
(1) Subject to subsection (2), the Secretary, by
5 instrument, may delegate any power
conferred on the Secretary by or under this
Part, other than this power of delegation, to
any person or class of person employed
under Part 3 of the Public Administration
10 Act 2004.
(2) A delegation of the power of the Secretary
under section 105I to determine an
application may only be delegated to a
person or class of person employed as an
15 executive under Part 3 of the Public
Administration Act 2004.
105O Confidentiality
(1) A person must not, directly or indirectly,
make a record of, or disclose or
20 communicate to any person, any information
relating to an application acquired by the
person in performing a function or exercising
a power under this Part.
Penalty: Level 8 fine (120 penalty units
25 maximum).
(2) Subsection (1) does not apply if--
(a) it is necessary to make the record, or
disclose or communicate the
information, for the purposes of, or in
30 connection with, the performance of a
function or the exercise of a power
under this Part; or
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(b) the person to whom the information
relates gives written consent to the
making of the record or to the
disclosure or communication.
5 (3) Subsection (1) also does not apply to the
disclosure or communication of
information--
(a) to a court or tribunal in the course of a
legal proceeding; or
10 (b) under an order of a court or tribunal; or
(c) to a legal practitioner for the purpose of
obtaining legal advice or
representation; or
(d) as required or authorised by or under
15 this Part or any other Act.
105P Giving of notices
If by or under this Part a notice is required or
permitted to be given by the Secretary to an
applicant, the notice may be given to the
20 applicant--
(a) by delivering it personally to the
applicant; or
(b) by sending it to the applicant at the
address given in the application for that
25 purpose.
105Q Evidentiary provisions
(1) This section applies to a document
purporting to be given by the Secretary or a
delegate of the Secretary certifying as to
30 whether an application in respect of a
specified historical homosexual conviction
was approved or refused.
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Sentencing Amendment (Historical Homosexual Convictions Expungement)
Bill 2014
Part 2--Amendment of Sentencing Act 1991
s. 3
(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.
5 (3) The document must be presumed in any
proceedings, in the absence of evidence to
the contrary, to have been given by the
Secretary or a person who was, at that time, a
delegate of the Secretary, as the case
10 requires.
105R Immunity
(1) The Secretary, a delegate of the Secretary or
an employee within the meaning of the
Public Administration Act 2004 is not
15 personally liable for anything done or
omitted to be done in good faith--
(a) in the carrying out of a function or the
exercise of a power under this Part; or
(b) in the reasonable belief that the act or
20 omission was in the carrying out of a
function or the exercise of a power
under this Part.
(2) Any liability resulting from an act or
omission that, but for subsection (1), would
25 attach to the Secretary, a delegate of the
Secretary or an employee within the meaning
of the Public Administration Act 2004
attaches instead to the State.
105S No entitlement to compensation
30 (1) 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--
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Bill 2014
Part 2--Amendment of Sentencing Act 1991
s. 4
(a) was charged with, or prosecuted for, the
offence; or
(b) was convicted of, or sentenced for, the
offence; or
5 (c) served a sentence for the 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
10 sentenced for, the offence; or
(e) incurred any loss, or suffered any
consequence (including, but not limited
to, being sentenced as a serious
offender in accordance with Part 2A),
15 as a result of any circumstance referred
to in paragraph (a), (b) or (c); or
(f) has an expunged conviction.
(2) Nothing in subsection (1) prevents a person
being entitled to compensation in respect of
20 anything that occurred while the person was
serving a sentence.
Example
The person is injured while serving a sentence in
prison.
__________________".
25 4 New section 157 inserted
At the end of Part 12 of the Sentencing Act 1991
insert--
"157 Transitional provision--Sentencing
Amendment (Historical Homosexual
30 Convictions Expungement) Act 2014
This Act, as amended by section 3 of the
Sentencing Amendment (Historical
Homosexual Convictions Expungement)
571557B.I-17/9/2014 23 BILL LC INTRODUCTION 17/9/2014
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Bill 2014
Part 2--Amendment of Sentencing Act 1991
s. 4
Act 2014, applies to convictions for
historical homosexual offences (within the
meaning of Part 8) irrespective of when the
offences were committed or the convictions
5 were recorded or findings of guilt were
made.".
__________________
571557B.I-17/9/2014 24 BILL LC INTRODUCTION 17/9/2014
Sentencing Amendment (Historical Homosexual Convictions Expungement)
Bill 2014
Part 3--Amendment of Victorian Civil and Administrative Tribunal Act
s. 5
1998
PART 3--AMENDMENT OF VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998
5 New Part 18 inserted in Schedule 1
After Part 17 of Schedule 1 to the Victorian Civil See:
Act No.
5 and Administrative Tribunal Act 1998 insert-- 53/1998.
Reprint No. 9
as at
"PART 18--SENTENCING ACT 1991 1 January
2014
78 Application of Part and
amending
The Part applies in respect of a proceeding Act Nos
under Part 8 of the Sentencing Act 1991. 11/2010,
67/2013,
10 79 Constitution of Tribunal 1/2014,
17/2014,
23/2014,
The Tribunal is to be constituted by the 37/2014,
President or a Vice President. 42/2014,
57/2014,
80 Confidentiality of proceeding 60/2014,
62/2014 and
66/2014.
(1) Unless the Tribunal orders otherwise, a LawToday:
15 person must not publish or broadcast, or www.
legislation.
cause to be published or broadcast, any vic.gov.au
report of a proceeding that identifies, or
could reasonably lead to the identification
of--
20 (a) a party to the proceeding; or
(b) any other person who has given
evidence in the proceeding as to--
(i) whether any person involved in
the conduct constituting the
25 offence (including the applicant)
that is the subject of the
proceeding consented to the
conduct; or
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Sentencing Amendment (Historical Homosexual Convictions Expungement)
Bill 2014
Part 3--Amendment of Victorian Civil and Administrative Tribunal Act
s. 5
1998
(ii) the ages, or respective ages, of any
such persons at the time of that
conduct.
Penalty: 20 penalty units.
5 (2) The Tribunal may make an order under
subclause (1) only if it considers that it
would be in the public interest to do so.
(3) An order of the Tribunal under subclause (1)
must specify that pictures are not to be taken
10 of any party to the proceeding or other
person covered by subclause (1)(b).
81 Effect of original decision pending review
(1) This clause applies, despite anything to the
contrary in section 50, if a data controller
15 (within the meaning of Part 8 of the
Sentencing Act 1991) commences a
proceeding.
(2) The operation of the decision that is the
subject of the proceeding is stayed pending
20 the determination by the Tribunal of the
proceeding and the expiration of the appeal
period.
(3) For the purposes of subclause (2) the appeal
period expires--
25 (a) at the end of the period during which an
application for leave to appeal from the
order of the Tribunal determining the
proceeding may be made under Part 5 if
an application is not made within that
30 period; or
(b) if an application for leave to appeal is
made, when that application is
determined if leave is not granted; or
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Bill 2014
Part 3--Amendment of Victorian Civil and Administrative Tribunal Act
s. 5
1998
(c) if leave is granted, at the end of the
period during which the appeal may be
instituted under Part 5 if an appeal is
not instituted within that period; or
5 (d) if an appeal is instituted, when the
appeal is determined.
82 Tribunal file not open for inspection
Despite anything to the contrary in
section 146, the file kept by the principal
10 registrar under that section in a proceeding is
not open for inspection or copying by any
person.".
__________________
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Sentencing Amendment (Historical Homosexual Convictions Expungement)
Bill 2014
Part 4--Repeal of Amending Act
s. 6
PART 4--REPEAL OF AMENDING ACT
6 Repeal of amending Act
This Act is repealed on 1 September 2016.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Sentencing Amendment (Historical Homosexual Convictions Expungement)
Bill 2014
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571557B.I-17/9/2014 29 BILL LC INTRODUCTION 17/9/2014
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