Queensland Consolidated Acts

CRIMINAL LAW (HISTORICAL HOMOSEXUAL CONVICTIONS EXPUNGEMENT) ACT 2017 - SECT 12

12 Requirements for application

(1) The application must—

(a) be in the approved form; and

(b) state the following information about each eligible offence to which the application relates to the extent the information is available to the applicant—

(i) the date of the conviction or charge;

(ii) the place and court (if any) where the eligible person was convicted or charged;

(iii) the particulars of the offence;

Examples of the particulars of an offence—

• the nature of the offence

• the act or omission constituting the offence

• the place where the offence was committed or allegedly committed

• the provision of the Act that was contravened or allegedly contravened

(iv) if the eligible person was convicted of the eligible offence—whether the eligible person was convicted on a plea of guilty;

(v) the details of any sentence imposed; and

(c) include the applicant’s consent to the making of inquiries of, and the exchange of information with, each criminal record holder for the purpose of deciding whether to expunge a conviction or charge the subject of the application.

(2) The application must be accompanied by—

(a) evidence of identity for the applicant; and

(b) if the eligible person has died—a death certificate for the eligible person; and

(c) any other document prescribed by regulation.

(3) The application may be accompanied by any other information or document the applicant reasonably considers may help the chief executive in deciding whether to expunge a conviction or charge the subject of the application.

Examples of other information or a document—

• a statement by the applicant addressing the criteria the chief executive must consider in deciding whether to expunge the conviction or charge

• written evidence of a person involved in the act or omission constituting the eligible offence about the eligible offence

(4) The application may relate to more than 1 conviction or charge of the eligible person for an eligible offence.

(5) In this section—

"death certificate" , for an eligible person, means a certificate of the eligible person’s death issued under the Births, Deaths and Marriages Registration Act 2023 or a law of another jurisdiction that corresponds to that Act.

"evidence of identity" means the evidence of identity prescribed by regulation.