Victorian Current Acts

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SENTENCING ACT 1991 - SECT 105I

Determination of application

    (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 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 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

        (b)     inform the applicant that they may apply to VCAT to have the determination reviewed; and

        (c)     explain how an application may be 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

        (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.

S. 105J inserted by No. 81/2014 s. 3.



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