Victorian Current Acts

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Application to Secretary for convictions 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 be expunged.

    (2)     In addition, an appropriate representative of a person who was convicted of a historical homosexual offence and is deceased may apply to the Secretary for the person's conviction to be expunged.

    (3)     An application must—

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

        (b)     be—

              (i)     signed by the applicant; or

              (ii)     if the applicant is an entitled person who is not deceased but is not able to sign the application because of a disability within the meaning of the Equal Opportunity Act 2010 , accompanied by a statement from a registered medical practitioner certifying—

    (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

        (c)     include any identifying information of a kind approved by the Secretary.

    (4)     The approved form must provide for the supplying of the following information—

        (a)     the full name of the entitled person and any other names by which the entitled person 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 entitled person; and

        (d)     the gender of the entitled person; and

        (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; and

        (f)     the residential address of the entitled person at the time of the offence and of the conviction; and

        (g)     in relation to the historical homosexual offence to which the application relates, so far as known to the applicant

              (i)     the name and location of the court by which the entitled person was convicted; and

              (ii)     the date of the conviction; and

              (iii)     the name of the offence; and

              (iv)     details of the offence and the offending conduct.

    (5)     The approved form must include provision for the applicant to—

        (a)     authorise the conduct of a police record check on the entitled person in relation to the conviction to which the application relates; and

        (b)     consent to the disclosure to the 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 entity.

    (6)     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 Secretary must be satisfied under section 105G(1).

    (7)     The Secretary, for the convenience of applicants, must publish on an internet site 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 Secretary as acceptable for the purpose of establishing the identity of an applicant.

S. 105C inserted by No. 81/2014 s. 3.

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