Queensland Consolidated Acts

CRIMINAL LAW (HISTORICAL HOMOSEXUAL CONVICTIONS EXPUNGEMENT) ACT 2017 - SECT 24

24 Effect of expunged convictions and charges

(1) A reference in an Act, other than this Act, to a conviction or charge does not include an expunged conviction or expunged charge.

(2) Without limiting subsection (1) , if a conviction or charge of a person for an offence is an expunged conviction or expunged charge—

(a) it is lawful for the person to claim, on oath or otherwise, including in a proceeding before any court or tribunal, that the person was not convicted of, or charged with, the offence; and

(b) evidence is not admissible in a proceeding before any court or tribunal to prove the person was convicted of, or charged with, the offence; and

(c) a question about the person’s criminal history is taken not to refer to the conviction or charge; and

(d) the person is not required to disclose information about the conviction or charge to anyone; and

(e) for the purpose of any Act, agreement or arrangement—

(i) the conviction or charge is not part of the person’s criminal history; and

(ii) a reference to the person’s character, however expressed, does not require or allow anyone to take the conviction or charge into account; and

(f) the conviction or charge, or non-disclosure of the conviction or charge, is not a proper ground for—

(i) refusing to appoint the person to any office, profession or employment; or

(ii) excluding or dismissing the person from any office, profession or employment; or

(iii) otherwise prejudicing the person in any way in any office, profession or employment; and

(g) if, before the conviction or charge was expunged, an application by the person under an Act for an authority was refused wholly because of the conviction or charge, the person may reapply for the authority without waiting any minimum period.

(3) A reference in subsection (2) to the happening of, or information about, a conviction or charge of a person for an offence includes the happening of, or information about—

(a) an investigation associated with the conviction or charge; or

(b) a prosecution of the person for the offence; or

(c) the sentencing of the person for the offence; or

(d) another legal process associated with the conviction or charge.

(4) In this section—

"authority" includes licence, permit and approval.

"profession" includes any occupation.

"tribunal" includes any entity with power to decide a question affecting a person’s rights, privileges or liabilities.