Queensland Consolidated Acts

CRIMINAL LAW (HISTORICAL HOMOSEXUAL CONVICTIONS EXPUNGEMENT) ACT 2017 - SECT 21

21 Proposed refusal to expunge conviction or charge

(1) If the chief executive proposes to refuse to expunge a conviction or charge the subject of the application, the chief executive must give the applicant a notice—

(a) stating the chief executive proposes to refuse to expunge the conviction or charge (the
"proposed refusal" ); and

(b) informing the applicant of the reasons for the proposed refusal; and

(c) inviting the applicant to make a submission to the chief executive, within a stated period, in relation to the proposed refusal.

(2) Also, the chief executive must give the applicant any information or document—

(a) obtained by the chief executive from a person or entity other than the applicant; and

(b) in the chief executive’s possession or control; and

(c) relied on by the chief executive to support the proposed refusal.

(3) Subsection (2) does not apply to the extent the information or document contains confidential information about a person other than the applicant or eligible person.

(4) The applicant may make a written submission about the proposed refusal to the chief executive in the period mentioned in subsection (1) (c) (an
"accepted submission" ).

(5) After the period mentioned in subsection (1) (c) has ended, the chief executive must—

(a) if the applicant has made an accepted submission—consider the submission; and

(b) whether or not the applicant has made an accepted submission—decide to expunge or refuse to expunge the conviction or charge.