Northern Territory Consolidated Acts

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EXPUNGEMENT OF HISTORICAL HOMOSEXUAL OFFENCE RECORDS ACT 2018 - SECT 9

Application to expunge records

    (1)     A person who was convicted of, or charged with, an expungable offence may apply to the Chief Executive Officer for the records of the person's charge or conviction to be expunged.

    (2)     An application may be made on behalf of a deceased person by:

        (a)     the executor or administrator of the person's estate; or

        (b)     the person's surviving spouse or de facto partner; or

        (c)     the person's parent, child or sibling; or

        (d)     a person who was in a close personal relationship with the person before the person died; or

        (e)     a person who was involved in the conduct that was the subject of the charge or conviction.

    (3)     An application may be made on behalf of a person with impaired decision-making capacity by:

        (a)     a guardian appointed for the person under a guardianship order; or

        (b)     if the Public Guardian is a guardian for the person under the Guardianship of Adults Act 2016 – the Public Guardian; or

        (c)     an attorney appointed under an enduring power of attorney (under Part III of the Powers of Attorney Act 1980 ); or

        (d)     a decision-maker appointed under the Advance Personal Planning Act 2013 ; or

        (e)     the person's spouse or de facto partner; or

        (f)     the person's parent, child or sibling; or

        (g)     a person who is in a close personal relationship with the person; or

        (h)     a person who was involved in the conduct that was the subject of the charge or conviction.

    (4)     The application must be in the approved form and contain the following information:

        (a)     the full name, date of birth and contact details of the person, including any difference in that information from the time of the charge or conviction;

        (b)     if the application is being made on behalf of another person – the name and contact details of the applicant;

        (c)     any particulars of the charge or conviction known to the applicant, including:

            (i)     a description of the offence; and

            (ii)     the date of the charge or conviction; and

            (iii)     the place and court (if any) of the charge or conviction;

        (d)     a copy of any transcript or sentencing remarks related to the charge or conviction in the possession of the applicant;

        (e)     a consent from the applicant authorising:

            (i)     the Chief Executive Officer to inquire into the charge or conviction; and

            (ii)     the disclosure to the Chief Executive Officer of any information or document relating to the application;

        (f)     any other information the applicant considers may help the Chief Executive Officer determine whether to expunge the charge or conviction.

    (5)     For avoidance of doubt, an application may relate to more than one charge or conviction.



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