Western Australian Current Acts

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HISTORICAL HOMOSEXUAL CONVICTIONS EXPUNGEMENT ACT 2018 - SECT 14

14 .         Effect of expunging

                If an eligible person’s conviction is expunged under section 11(3)

            (a)         the person is not required to disclose the expunged conviction to any other person, including when giving evidence under oath in legal proceedings; and

            (b)         the expunged conviction is taken not to form part of the person’s official criminal record; and

            (c)         a question about the person’s criminal history, including a question in legal proceedings required to be answered under oath, is taken not to refer to the expunged conviction; and

            (d)         in applying a provision of any legislation, agreement or arrangement to the person —

                  (i)         a reference to a conviction, however expressed, is taken not to refer to the expunged conviction; and

                  (ii)         a reference, however expressed, to the person’s character is not to be taken to allow or require anyone to take account of the expunged conviction;

                and

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

                  (i)         refusing the person any appointment, office, status or privilege; or

                  (ii)         revoking any appointment, status or privilege held by the person or dismissing the person from any office.



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