Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsThe director-general may, by written notice, require 1 or more of the following entities to provide the director-general with the information requested in the notice to enable a decision to be made under section 19D (Decision on application to have conviction extinguished):
(a) a public employee;
(b) a police officer;
(c) a court;
(d) the director of public prosecutions;
(e) an entity prescribed by regulation.
19G Restriction on right to re-apply
(1) This section applies to a person whose application to have a conviction extinguished (the earlier application ) has been refused by the director-general under section 19D (Decision on application to have conviction extinguished).
(2) The person may have a further application in relation to that conviction considered by the director-general only if the director-general is satisfied on reasonable grounds that other necessary supporting information became available after the earlier application was decided.
Part 3B Consequences of extinguished convictions
19H Consequences of conviction becoming extinguished
(1) The following applies to a person whose conviction has been extinguished:
(a) the person is not required to disclose information about the extinguished conviction to anyone;
(b) a question about the person's criminal history is taken not to refer to the extinguished conviction;
(c) in applying an Act to the person—
(i) a reference to a conviction (however expressed) is taken not to refer to the extinguished conviction; and
(ii) a reference to the person's character (however expressed) does not allow or require anyone to take the extinguished conviction into account.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act , s 104).
(2) This section has effect despite the Health Practitioner Regulation National Law (ACT)
, section 77 (4), section 79 (3) and section 135 (3).
19I Unlawful disclosure of extinguished conviction
(1) A person commits an offence if the person—
(a) has access to records of convictions kept by or on behalf of a public authority; and
(b) discloses any information about an extinguished conviction to someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) Subsection (1) does not apply to—
(a) an archive or library, or an authorised officer of an archive or library, that makes available to a member of the public, or to another archive or library, under the normal procedures of the archive or library, material that is normally available for public use and that contains information about an extinguished conviction; or
(b) a public authority that has a record of an extinguished conviction, or an authorised officer of the authority, that makes information about the conviction available to the convicted person; or
(c) the director-general, or any person acting under the direction of the director-general, in informing a public authority that holds information about convictions that a particular conviction is an extinguished conviction.
(3) This section has effect despite the Health Practitioner Regulation National Law (ACT)
, section 77 (4), section 79 (3) and section 135 (3).
19J Improperly obtaining information about extinguished convictions
A person must not fraudulently or dishonestly obtain information about an extinguished conviction from records of convictions kept by or on behalf of a public authority.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Part 3C Notification and review of decisions
19K Meaning of reviewable decision ––pt 3C
In this part:
"reviewable decision" means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
19L Reviewable decision notices
If the director-general makes a reviewable decision, the director-general must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1 The director-general must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008
, s 67A).
Note 2 The requirements for a reviewable decision notice are prescribed under the ACT Civil and Administrative Tribunal Act 2008
.
19M Applications for review
The following may apply to the ACAT for review of a reviewable decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the decision;
(b) any other person whose interests are affected by the decision.
Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008
for the application, the form must be used.
9 Act does not affect certain other lawful
acts
Section 21
after
spent
insert
10 Act does not authorise destruction of
records
Section 22
after
spent conviction,
insert
an extinguished conviction,
11 New section 22A
insert
22A Approved forms
(1) The director-general may approve forms for this Act.
(2) If the director-general approves a form for a particular purpose, the approved form must be used for the purpose.
Note For other provisions about forms, see the Legislation Act
, s 255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
12 New schedule 1
insert
Schedule 1 Reviewable decisions
(see pt 3C)
|
column 1 item |
column 2 section |
column 3 decision |
column 4 entity |
|---|---|---|---|
| 1 | 19D (1) | refuse to extinguish conviction | applicant |
13 Dictionary, note 2
insert
• Act
• chief police officer
• director-general (see s 163)
• director of public prosecutions
• domestic partner (see s 169 (1))
• police officer
• public employee
• territory law
14 Dictionary, new definitions
insert
"extinguished", for a conviction—see section 7A.
"historical homosexual offence", for part 3A (Extinguishing historical homosexual offence convictions)—see section 19A.
"public morality offence", for part 3A (Extinguishing historical homosexual offence convictions)—see section 19A.
"reviewable decision", for part 3C (Notification and review of decisions)—see section 19K.