Victorian Current Acts

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Consideration of application

    (1)     In considering an application, the Secretary

        (a)     must, in particular, consider—

              (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

              (ii)     any statements or written evidence of a kind referred to in section 105B(6) included in, or accompanying, the application or subsequently submitted by the applicant; and

        (b)     must have regard to any advice provided by any person to whom the Secretary has referred the application for advice; and


See section 105F.

        (c)     may make enquiries to, or request information on the application from, any person or body that the Secretary 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 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.

    (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 105B(5)(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—

        (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 applicant that the Secretary will not 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 from the day on which the applicant is given access to the record.


The period provided for under paragraph (b) allows the applicant to determine whether to withdraw the application under section 105H or submit, under section 105C(2), statements or evidence of a kind referred to in section 105B(6).

    (4)     In subsection (3)—

"information relating to the personal affairs of any person" means information—

        (a)     that identifies a person or discloses their address or location; or

        (b)     from which a person's identity, address or location can reasonably be determined.

S. 105E inserted by No. 81/2014 s. 3.

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