Queensland Consolidated Acts

CRIMINAL LAW (HISTORICAL HOMOSEXUAL CONVICTIONS EXPUNGEMENT) ACT 2017 - SECT 11

11 Who may apply

(1) An eligible person may apply to the chief executive for a conviction or charge of the eligible person for an eligible offence to be expunged.

(2) If the eligible person is an adult with impaired capacity, the application may be made by—

(a) if the eligible person has a guardian—the guardian; or

Note—

See the Guardianship and Administration Act 2000 , sections 12 and 33 .

(b) if the eligible person does not have a guardian but has appointed an attorney under an enduring power of attorney—the attorney; or

(c) if the eligible person does not have a guardian and has not appointed an attorney under an enduring power of attorney—

(i) a member of the eligible person’s support network; or

(ii) another person approved by the chief executive.

(3) If the eligible person died after 19 January 1991, the application may be made by the first of the following who is available—

(a) the personal representative of the eligible person;

(b) a person who was the eligible person’s spouse on the day the eligible person died;

(c) a parent of the eligible person;

(d) an adult child of the eligible person;

(e) an adult sibling of the eligible person;

(f) an adult who was in a close personal relationship with the eligible person immediately before the eligible person died.

(4) In this section—

"adult child" , of an eligible person, means a child of the person who is 18 years or more.

"adult sibling" , of an eligible person, means a sibling of the person who is 18 years or more.

"enduring power of attorney" means an enduring power of attorney under the Powers of Attorney Act 1998 .

"guardian" means a guardian appointed under the Guardianship and Administration Act 2000 .

"impaired capacity" see the Guardianship and Administration Act 2000 , schedule 4 .

"spouse" , of an eligible person who died before 1 April 2003, includes a person who would have been, on the day the eligible person died, the eligible person’s de facto partner had the Acts Interpretation Act 1954 , section 32DA been in force.

"support network" see the Guardianship and Administration Act 2000 , schedule 4 .