Western Australian Current Acts

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HISTORICAL HOMOSEXUAL CONVICTIONS EXPUNGEMENT ACT 2018 - SECT 6

6 .         Contents of application

        (1)         An application must include the following information —

            (a)         the applicant’s full name, residential address and telephone number;

            (b)         the full name of the eligible person and any other names by which the eligible person is or has been known;

            (c)         the date and place of birth of the eligible person;

            (d)         the residential address of the eligible person at the time of the historical homosexual offence and of the conviction for the offence;

            (e)         an address to which notices or other documents addressed to the applicant may be sent, which may be a residential or business address, a post office box or an email address;

            (f)         in relation to the historical homosexual offence to which the application relates —

                  (i)         the name and location of the court by which the eligible person was convicted of the historical homosexual offence; and

                  (ii)         the date of the conviction; and

                  (iii)         the name of the historical homosexual offence; and

                  (iv)         details of the historical homosexual offence and the conduct constituting the historical homosexual offence;

            (g)         any prescribed information;

            (h)         any additional information or additional documents that the CEO requires.

        (2)         An application made —

            (a)         under section 5(1) by an eligible person — must be accompanied by a consent by which the applicant authorises the disclosure to the CEO of any records relating to the historical homosexual offence to which the application relates created by a data controller, whether held by that data controller or any other person or entity; and

            (b)         under section 5(2) in respect of an eligible person — is taken to include the consent of the eligible person described in paragraph (a).

        (3)         An application may include, or be accompanied by, statements by the applicant or written evidence given by any other person (including a person involved in the conduct constituting the offence) about the matters about which the CEO must be satisfied under section 10(1).



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