Queensland Consolidated Acts

CRIMINAL LAW (HISTORICAL HOMOSEXUAL CONVICTIONS EXPUNGEMENT) ACT 2017

- As at 5 December 2024
- Act 37 of 2017

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement
   3.      Purpose
   4.      Act binds all persons
   5.      Act does not affect lawful acts or entitle person to compensation

           Division 2 - Interpretation

   6.      Definitions
   7.      Meaning of eligible person
   8.      Meaning of eligible offence
   9.      Meaning of Criminal Code male homosexual offence
   10.     Meaning of public morality offence

   PART 2 - APPLICATION FOR CONVICTION OR CHARGE TO BE EXPUNGED

   11.     Who may apply
   12.     Requirements for application
   13.     Withdrawing all or part of application
   14.     Chief executive may request further information or document from applicant
   15.     Chief executive may request information from criminal record holder
   16.     Chief executive may request information from another person or entity
   17.     Consideration of and decision on application
   18.     Criteria for Criminal Code male homosexual offence
   19.     Criteria for public morality offence
   20.     Criteria for other eligible offences
   21.     Proposed refusal to expunge conviction or charge
   22.     Notice of decision
   23.     Subsequent expungement application

   PART 3 - CONSEQUENCES OF EXPUNGEMENT

           Division 1 - General

   24.     Effect of expunged convictions and charges

           Division 2 - Public records

   25.     Definitions for division
   26.     Disclosing information from public records about expunged convictions or charges
   27.     Dishonestly obtaining information from public records about expunged convictions or charges
   28.     Annotation of public records about expungement
   29.     Changes to public records on revival of expunged conviction or charge
   30.     Deletion of information from public records

   PART 4 - REVIVAL OF EXPUNGED CONVICTION OR CHARGE

   31.     Chief executive may decide to revive expunged conviction or charge
   32.     Show cause process
   33.     Ending show cause process without further action
   34.     Decision to revive expunged conviction or charge
   35.     Notice of revival of expunged conviction or charge to criminal record holder

   PART 5 - REVIEWS, EVIDENCE, LEGAL PROCEEDINGS AND OFFENCES

   36.     Review by QCAT
   37.     Evidentiary provisions
   38.     Proceeding for offences
   39.     False or misleading information
   40.     Confidentiality of information

   PART 6 - MISCELLANEOUS

   41.     Chief executive may appoint lawyer to help
   42.     Royal prerogative of mercy
   43.     Delegation
   44.     Approved forms
   45.     Regulation-making power
           SCHEDULE 1