{"id":"qld:act-2017-037","name":"Criminal Law (Historical Homosexual Convictions Expungement) Act 2017","slug":"criminal-law-historical-homosexual-convictions-expungement-act-2017","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"37 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174717,"registerId":"qld-qld:act-2017-037-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Criminal Law (Historical Homosexual Convictions Expungement) Act 2017 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purpose","content":"### sec.3 Purpose\n\nThis Act establishes a scheme for the expungement, on application, of convictions and charges for particular offences involving homosexual activity.\nThe scheme only applies to convictions or charges that happened before 19 January 1991.\nTo the extent provided in this Act, if a person’s conviction or charge for an offence is expunged, the person is to be treated in law as if the person had not been convicted of, or charged with, the offence.\n(sec.3-ssec.1) This Act establishes a scheme for the expungement, on application, of convictions and charges for particular offences involving homosexual activity.\n(sec.3-ssec.2) The scheme only applies to convictions or charges that happened before 19 January 1991.\n(sec.3-ssec.3) To the extent provided in this Act, if a person’s conviction or charge for an offence is expunged, the person is to be treated in law as if the person had not been convicted of, or charged with, the offence.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nSubsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence.\n(sec.4-ssec.1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.4-ssec.2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act does not affect lawful acts or entitle person to compensation","content":"### sec.5 Act does not affect lawful acts or entitle person to compensation\n\nNo provision of this Act affects anything lawfully done before a conviction or charge is expunged.\nA person who has a conviction or charge expunged under this Act is not entitled to compensation of any kind because the conviction or charge becomes an expunged conviction or expunged charge.\n(sec.5-ssec.1) No provision of this Act affects anything lawfully done before a conviction or charge is expunged.\n(sec.5-ssec.2) A person who has a conviction or charge expunged under this Act is not entitled to compensation of any kind because the conviction or charge becomes an expunged conviction or expunged charge.","sortOrder":6},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of eligible person","content":"### sec.7 Meaning of eligible person\n\nAn eligible person is a person who was convicted of, or charged with, an eligible offence before 19 January 1991.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of eligible offence","content":"### sec.8 Meaning of eligible offence\n\nAn eligible offence is—\na Criminal Code male homosexual offence; or\na public morality offence; or\nanother offence prescribed by regulation.\nA regulation under subsection (1) (c) may only prescribe an offence to the extent the offence happened, or allegedly happened, before 19 January 1991.\n(sec.8-ssec.1) An eligible offence is— a Criminal Code male homosexual offence; or a public morality offence; or another offence prescribed by regulation.\n(sec.8-ssec.2) A regulation under subsection (1) (c) may only prescribe an offence to the extent the offence happened, or allegedly happened, before 19 January 1991.\n- (a) a Criminal Code male homosexual offence; or\n- (b) a public morality offence; or\n- (c) another offence prescribed by regulation.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of Criminal Code male homosexual offence","content":"### sec.9 Meaning of Criminal Code male homosexual offence\n\nA Criminal Code male homosexual offence is—\nan offence against any of the following provisions of the Criminal Code as in force before 19 January 1991—\nsection 208 (1) or (3) other than to the extent the offence involved heterosexual activity;\nsection 209 to the extent the offence involved an attempt to commit an offence mentioned in subparagraph (i) ;\nsection 211 ; or\nan offence of attempting to commit an offence mentioned in paragraph (a) ; or\nan offence of conspiring to commit an offence mentioned in paragraph (a) ; or\nan offence of counselling or procuring a person to commit an offence mentioned in paragraph (a) .\n- (a) an offence against any of the following provisions of the Criminal Code as in force before 19 January 1991— (i) section 208 (1) or (3) other than to the extent the offence involved heterosexual activity; (ii) section 209 to the extent the offence involved an attempt to commit an offence mentioned in subparagraph (i) ; (iii) section 211 ; or\n- (i) section 208 (1) or (3) other than to the extent the offence involved heterosexual activity;\n- (ii) section 209 to the extent the offence involved an attempt to commit an offence mentioned in subparagraph (i) ;\n- (iii) section 211 ; or\n- (b) an offence of attempting to commit an offence mentioned in paragraph (a) ; or\n- (c) an offence of conspiring to commit an offence mentioned in paragraph (a) ; or\n- (d) an offence of counselling or procuring a person to commit an offence mentioned in paragraph (a) .\n- (i) section 208 (1) or (3) other than to the extent the offence involved heterosexual activity;\n- (ii) section 209 to the extent the offence involved an attempt to commit an offence mentioned in subparagraph (i) ;\n- (iii) section 211 ; or","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of public morality offence","content":"### sec.10 Meaning of public morality offence\n\nA public morality offence is—\nan offence against either of the following provisions as in force before 19 January 1991—\nan offence against the repealed Vagrants, Gaming and Other Offences Act 1931 , section 5 (1) (b) or 7 (e) ;\nan offence against the Criminal Code , section 227 (1) ; or\nan offence of attempting to commit an offence mentioned in paragraph (a) (ii) ; or\nan offence of conspiring to commit an offence mentioned in paragraph (a) ; or\nan offence of counselling or procuring a person to commit an offence mentioned in paragraph (a) .\n- (a) an offence against either of the following provisions as in force before 19 January 1991— (i) an offence against the repealed Vagrants, Gaming and Other Offences Act 1931 , section 5 (1) (b) or 7 (e) ; (ii) an offence against the Criminal Code , section 227 (1) ; or\n- (i) an offence against the repealed Vagrants, Gaming and Other Offences Act 1931 , section 5 (1) (b) or 7 (e) ;\n- (ii) an offence against the Criminal Code , section 227 (1) ; or\n- (b) an offence of attempting to commit an offence mentioned in paragraph (a) (ii) ; or\n- (c) an offence of conspiring to commit an offence mentioned in paragraph (a) ; or\n- (d) an offence of counselling or procuring a person to commit an offence mentioned in paragraph (a) .\n- (i) an offence against the repealed Vagrants, Gaming and Other Offences Act 1931 , section 5 (1) (b) or 7 (e) ;\n- (ii) an offence against the Criminal Code , section 227 (1) ; or","sortOrder":12},{"sectionNumber":"pt.2","sectionType":"part","heading":"Application for conviction or charge to be expunged","content":"# Application for conviction or charge to be expunged","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Who may apply","content":"### sec.11 Who may apply\n\nAn eligible person may apply to the chief executive for a conviction or charge of the eligible person for an eligible offence to be expunged.\nIf the eligible person is an adult with impaired capacity, the application may be made by—\nif the eligible person has a guardian—the guardian; or\nSee the Guardianship and Administration Act 2000 , sections 12 and 33 .\nif the eligible person does not have a guardian but has appointed an attorney under an enduring power of attorney—the attorney; or\nif the eligible person does not have a guardian and has not appointed an attorney under an enduring power of attorney—\na member of the eligible person’s support network; or\nanother person approved by the chief executive.\nIf the eligible person died after 19 January 1991, the application may be made by the first of the following who is available—\nthe personal representative of the eligible person;\na person who was the eligible person’s spouse on the day the eligible person died;\na parent of the eligible person;\nan adult child of the eligible person;\nan adult sibling of the eligible person;\nan adult who was in a close personal relationship with the eligible person immediately before the eligible person died.\nIn this section—\nadult child , of an eligible person, means a child of the person who is 18 years or more.\nadult sibling , of an eligible person, means a sibling of the person who is 18 years or more.\nenduring power of attorney means an enduring power of attorney under the Powers of Attorney Act 1998 .\nguardian means a guardian appointed under the Guardianship and Administration Act 2000 .\nimpaired capacity see the Guardianship and Administration Act 2000 , schedule 4 .\nspouse , of an eligible person who died before 1 April 2003, includes a person who would have been, on the day the eligible person died, the eligible person’s de facto partner had the Acts Interpretation Act 1954 , section 32DA been in force.\nsupport network see the Guardianship and Administration Act 2000 , schedule 4 .\n(sec.11-ssec.1) An eligible person may apply to the chief executive for a conviction or charge of the eligible person for an eligible offence to be expunged.\n(sec.11-ssec.2) If the eligible person is an adult with impaired capacity, the application may be made by— if the eligible person has a guardian—the guardian; or See the Guardianship and Administration Act 2000 , sections 12 and 33 . if the eligible person does not have a guardian but has appointed an attorney under an enduring power of attorney—the attorney; or if the eligible person does not have a guardian and has not appointed an attorney under an enduring power of attorney— a member of the eligible person’s support network; or another person approved by the chief executive.\n(sec.11-ssec.3) If the eligible person died after 19 January 1991, the application may be made by the first of the following who is available— the personal representative of the eligible person; a person who was the eligible person’s spouse on the day the eligible person died; a parent of the eligible person; an adult child of the eligible person; an adult sibling of the eligible person; an adult who was in a close personal relationship with the eligible person immediately before the eligible person died.\n(sec.11-ssec.4) In this section— adult child , of an eligible person, means a child of the person who is 18 years or more. adult sibling , of an eligible person, means a sibling of the person who is 18 years or more. enduring power of attorney means an enduring power of attorney under the Powers of Attorney Act 1998 . guardian means a guardian appointed under the Guardianship and Administration Act 2000 . impaired capacity see the Guardianship and Administration Act 2000 , schedule 4 . spouse , of an eligible person who died before 1 April 2003, includes a person who would have been, on the day the eligible person died, the eligible person’s de facto partner had the Acts Interpretation Act 1954 , section 32DA been in force. support network see the Guardianship and Administration Act 2000 , schedule 4 .\n- (a) if the eligible person has a guardian—the guardian; or Note— See the Guardianship and Administration Act 2000 , sections 12 and 33 .\n- (b) if the eligible person does not have a guardian but has appointed an attorney under an enduring power of attorney—the attorney; or\n- (c) if the eligible person does not have a guardian and has not appointed an attorney under an enduring power of attorney— (i) a member of the eligible person’s support network; or (ii) another person approved by the chief executive.\n- (i) a member of the eligible person’s support network; or\n- (ii) another person approved by the chief executive.\n- (i) a member of the eligible person’s support network; or\n- (ii) another person approved by the chief executive.\n- (a) the personal representative of the eligible person;\n- (b) a person who was the eligible person’s spouse on the day the eligible person died;\n- (c) a parent of the eligible person;\n- (d) an adult child of the eligible person;\n- (e) an adult sibling of the eligible person;\n- (f) an adult who was in a close personal relationship with the eligible person immediately before the eligible person died.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Requirements for application","content":"### sec.12 Requirements for application\n\nThe application must—\nbe in the approved form; and\nstate the following information about each eligible offence to which the application relates to the extent the information is available to the applicant—\nthe date of the conviction or charge;\nthe place and court (if any) where the eligible person was convicted or charged;\nthe particulars of the offence;\nthe nature of the offence\nthe act or omission constituting the offence\nthe place where the offence was committed or allegedly committed\nthe provision of the Act that was contravened or allegedly contravened\nif the eligible person was convicted of the eligible offence—whether the eligible person was convicted on a plea of guilty;\nthe details of any sentence imposed; and\ninclude the applicant’s consent to the making of inquiries of, and the exchange of information with, each criminal record holder for the purpose of deciding whether to expunge a conviction or charge the subject of the application.\nThe application must be accompanied by—\nevidence of identity for the applicant; and\nif the eligible person has died—a death certificate for the eligible person; and\nany other document prescribed by regulation.\nThe application may be accompanied by any other information or document the applicant reasonably considers may help the chief executive in deciding whether to expunge a conviction or charge the subject of the application.\na statement by the applicant addressing the criteria the chief executive must consider in deciding whether to expunge the conviction or charge\nwritten evidence of a person involved in the act or omission constituting the eligible offence about the eligible offence\nThe application may relate to more than 1 conviction or charge of the eligible person for an eligible offence.\nIn this section—\ndeath certificate , for an eligible person, means a certificate of the eligible person’s death issued under the Births, Deaths and Marriages Registration Act 2023 or a law of another jurisdiction that corresponds to that Act.\nevidence of identity means the evidence of identity prescribed by regulation.\ns 12 amd 2023 No. 17 s 182 s ch 3 pt 1\n(sec.12-ssec.1) The application must— be in the approved form; and state the following information about each eligible offence to which the application relates to the extent the information is available to the applicant— the date of the conviction or charge; the place and court (if any) where the eligible person was convicted or charged; the particulars of the offence; the nature of the offence the act or omission constituting the offence the place where the offence was committed or allegedly committed the provision of the Act that was contravened or allegedly contravened if the eligible person was convicted of the eligible offence—whether the eligible person was convicted on a plea of guilty; the details of any sentence imposed; and include the applicant’s consent to the making of inquiries of, and the exchange of information with, each criminal record holder for the purpose of deciding whether to expunge a conviction or charge the subject of the application.\n(sec.12-ssec.2) The application must be accompanied by— evidence of identity for the applicant; and if the eligible person has died—a death certificate for the eligible person; and any other document prescribed by regulation.\n(sec.12-ssec.3) The application may be accompanied by any other information or document the applicant reasonably considers may help the chief executive in deciding whether to expunge a conviction or charge the subject of the application. a statement by the applicant addressing the criteria the chief executive must consider in deciding whether to expunge the conviction or charge written evidence of a person involved in the act or omission constituting the eligible offence about the eligible offence\n(sec.12-ssec.4) The application may relate to more than 1 conviction or charge of the eligible person for an eligible offence.\n(sec.12-ssec.5) In this section— death certificate , for an eligible person, means a certificate of the eligible person’s death issued under the Births, Deaths and Marriages Registration Act 2023 or a law of another jurisdiction that corresponds to that Act. evidence of identity means the evidence of identity prescribed by regulation.\n- (a) be in the approved form; and\n- (b) state the following information about each eligible offence to which the application relates to the extent the information is available to the applicant— (i) the date of the conviction or charge; (ii) the place and court (if any) where the eligible person was convicted or charged; (iii) the particulars of the offence; Examples of the particulars of an offence— • the nature of the offence • the act or omission constituting the offence • the place where the offence was committed or allegedly committed • the provision of the Act that was contravened or allegedly contravened (iv) if the eligible person was convicted of the eligible offence—whether the eligible person was convicted on a plea of guilty; (v) the details of any sentence imposed; and\n- (i) the date of the conviction or charge;\n- (ii) the place and court (if any) where the eligible person was convicted or charged;\n- (iii) the particulars of the offence; Examples of the particulars of an offence— • the nature of the offence • the act or omission constituting the offence • the place where the offence was committed or allegedly committed • the provision of the Act that was contravened or allegedly contravened\n- • the nature of the offence\n- • the act or omission constituting the offence\n- • the place where the offence was committed or allegedly committed\n- • the provision of the Act that was contravened or allegedly contravened\n- (iv) if the eligible person was convicted of the eligible offence—whether the eligible person was convicted on a plea of guilty;\n- (v) the details of any sentence imposed; and\n- (c) include the applicant’s consent to the making of inquiries of, and the exchange of information with, each criminal record holder for the purpose of deciding whether to expunge a conviction or charge the subject of the application.\n- (i) the date of the conviction or charge;\n- (ii) the place and court (if any) where the eligible person was convicted or charged;\n- (iii) the particulars of the offence; Examples of the particulars of an offence— • the nature of the offence • the act or omission constituting the offence • the place where the offence was committed or allegedly committed • the provision of the Act that was contravened or allegedly contravened\n- • the nature of the offence\n- • the act or omission constituting the offence\n- • the place where the offence was committed or allegedly committed\n- • the provision of the Act that was contravened or allegedly contravened\n- (iv) if the eligible person was convicted of the eligible offence—whether the eligible person was convicted on a plea of guilty;\n- (v) the details of any sentence imposed; and\n- • the nature of the offence\n- • the act or omission constituting the offence\n- • the place where the offence was committed or allegedly committed\n- • the provision of the Act that was contravened or allegedly contravened\n- (a) evidence of identity for the applicant; and\n- (b) if the eligible person has died—a death certificate for the eligible person; and\n- (c) any other document prescribed by regulation.\n- • a statement by the applicant addressing the criteria the chief executive must consider in deciding whether to expunge the conviction or charge\n- • written evidence of a person involved in the act or omission constituting the eligible offence about the eligible offence","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Withdrawing all or part of application","content":"### sec.13 Withdrawing all or part of application\n\nThe applicant may, by notice given to the chief executive, withdraw—\nall of the application at any time before the applicant receives a notice under section 22 in relation to any conviction or charge the subject of the application; or\npart of the application relating to a particular conviction or charge at any time before the applicant receives a notice under section 22 in relation to the particular conviction or charge.\n- (a) all of the application at any time before the applicant receives a notice under section 22 in relation to any conviction or charge the subject of the application; or\n- (b) part of the application relating to a particular conviction or charge at any time before the applicant receives a notice under section 22 in relation to the particular conviction or charge.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Chief executive may request further information or document from applicant","content":"### sec.14 Chief executive may request further information or document from applicant\n\nThe chief executive may, by notice given to the applicant, ask the applicant for further information or a document the chief executive reasonably requires to decide whether to expunge a conviction or charge the subject of the application.\nIf the chief executive makes a request under subsection (1) , the chief executive may give the applicant any information or a document about the conviction or charge in the chief executive’s possession or control.\nSubsection (2) does not apply to the extent the information or document contains confidential information about a person other than the applicant or eligible person.\nIf the chief executive makes a request under subsection (1) , the chief executive may make a decision under section 17 to expunge or refuse to expunge the conviction or charge regardless of whether the applicant gives the further information or document requested.\nThe chief executive may, by notice given to the applicant, ask the applicant to verify by statutory declaration any information or document the applicant gives, or has given, the chief executive.\n(sec.14-ssec.1) The chief executive may, by notice given to the applicant, ask the applicant for further information or a document the chief executive reasonably requires to decide whether to expunge a conviction or charge the subject of the application.\n(sec.14-ssec.2) If the chief executive makes a request under subsection (1) , the chief executive may give the applicant any information or a document about the conviction or charge in the chief executive’s possession or control.\n(sec.14-ssec.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.\n(sec.14-ssec.4) If the chief executive makes a request under subsection (1) , the chief executive may make a decision under section 17 to expunge or refuse to expunge the conviction or charge regardless of whether the applicant gives the further information or document requested.\n(sec.14-ssec.5) The chief executive may, by notice given to the applicant, ask the applicant to verify by statutory declaration any information or document the applicant gives, or has given, the chief executive.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Chief executive may request information from criminal record holder","content":"### sec.15 Chief executive may request information from criminal record holder\n\nThis section applies if the chief executive has the applicant’s consent to make inquiries of, and exchange information with, a criminal record holder.\nThe chief executive may ask the criminal record holder for a public record containing information about a conviction or charge the subject of the application.\nThe criminal record holder must comply with the request if the criminal record holder holds the record.\n(sec.15-ssec.1) This section applies if the chief executive has the applicant’s consent to make inquiries of, and exchange information with, a criminal record holder.\n(sec.15-ssec.2) The chief executive may ask the criminal record holder for a public record containing information about a conviction or charge the subject of the application.\n(sec.15-ssec.3) The criminal record holder must comply with the request if the criminal record holder holds the record.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Chief executive may request information from another person or entity","content":"### sec.16 Chief executive may request information from another person or entity\n\nThis section applies if the chief executive considers a person other than the applicant, or an entity other than a criminal record holder, may have information or a document the chief executive reasonably requires to decide whether to expunge a conviction or charge the subject of the application.\nThe chief executive may, by notice given to the person or entity, ask the person or entity for the information or document.\nIf the information or document is not publicly available, the chief executive may only make a request under subsection (2) with the applicant’s written consent.\nThe chief executive may, by notice given to the person or entity, ask the person or entity to verify by statutory declaration the information or document.\n(sec.16-ssec.1) This section applies if the chief executive considers a person other than the applicant, or an entity other than a criminal record holder, may have information or a document the chief executive reasonably requires to decide whether to expunge a conviction or charge the subject of the application.\n(sec.16-ssec.2) The chief executive may, by notice given to the person or entity, ask the person or entity for the information or document.\n(sec.16-ssec.3) If the information or document is not publicly available, the chief executive may only make a request under subsection (2) with the applicant’s written consent.\n(sec.16-ssec.4) The chief executive may, by notice given to the person or entity, ask the person or entity to verify by statutory declaration the information or document.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Consideration of and decision on application","content":"### sec.17 Consideration of and decision on application\n\nThe chief executive must consider the application and decide to—\nexpunge a conviction or charge the subject of the application; or\nrefuse to expunge a conviction or charge the subject of the application.\nIn acting under subsection (1) , the chief executive must not hold an oral hearing.\n(sec.17-ssec.1) The chief executive must consider the application and decide to— expunge a conviction or charge the subject of the application; or refuse to expunge a conviction or charge the subject of the application.\n(sec.17-ssec.2) In acting under subsection (1) , the chief executive must not hold an oral hearing.\n- (a) expunge a conviction or charge the subject of the application; or\n- (b) refuse to expunge a conviction or charge the subject of the application.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Criteria for Criminal Code male homosexual offence","content":"### sec.18 Criteria for Criminal Code male homosexual offence\n\nThis section applies if a conviction or charge the subject of the application is for a Criminal Code male homosexual offence.\nThe chief executive may decide to expunge the conviction or charge for the offence only if the chief executive is satisfied, on the balance of probabilities, that—\nthe other person who engaged, or allegedly engaged, in the act or omission constituting the offence—\nconsented to the act or omission; and\nwas 18 years or more at the time the offence was committed or alleged to have been committed; and\nthe act or omission constituting the offence—\nwould not constitute an offence under the law of Queensland if it were done by the eligible person at the time the application was made; or\nmeets the criteria in subsection (2A) .\nFor subsection (2) (b) (ii) , the criteria are—\nthe act or omission—\nwas done, or allegedly done, in a public place; and\nwould not constitute an offence under the law of Queensland if it were done at the time the application was made, other than in a public place; and\na person, other than a person engaging in the act or omission, would not have been able to observe the act or omission without taking abnormal or unusual action.\nlooking under the door of a cubicle in a public toilet\nIn considering the criteria mentioned in subsection (2) or (2A) , the chief executive must have regard to—\nany public record containing information about the conviction or charge the chief executive has received from a criminal record holder; and\nany information or document the chief executive has received under section 16 about the application.\nIn this section—\nconsent see the Criminal Code , section 348 .\n(sec.18-ssec.1) This section applies if a conviction or charge the subject of the application is for a Criminal Code male homosexual offence.\n(sec.18-ssec.2) The chief executive may decide to expunge the conviction or charge for the offence only if the chief executive is satisfied, on the balance of probabilities, that— the other person who engaged, or allegedly engaged, in the act or omission constituting the offence— consented to the act or omission; and was 18 years or more at the time the offence was committed or alleged to have been committed; and the act or omission constituting the offence— would not constitute an offence under the law of Queensland if it were done by the eligible person at the time the application was made; or meets the criteria in subsection (2A) .\n(sec.18-ssec.2A) For subsection (2) (b) (ii) , the criteria are— the act or omission— was done, or allegedly done, in a public place; and would not constitute an offence under the law of Queensland if it were done at the time the application was made, other than in a public place; and a person, other than a person engaging in the act or omission, would not have been able to observe the act or omission without taking abnormal or unusual action. looking under the door of a cubicle in a public toilet\n(sec.18-ssec.3) In considering the criteria mentioned in subsection (2) or (2A) , the chief executive must have regard to— any public record containing information about the conviction or charge the chief executive has received from a criminal record holder; and any information or document the chief executive has received under section 16 about the application.\n(sec.18-ssec.4) In this section— consent see the Criminal Code , section 348 .\n- (a) the other person who engaged, or allegedly engaged, in the act or omission constituting the offence— (i) consented to the act or omission; and (ii) was 18 years or more at the time the offence was committed or alleged to have been committed; and\n- (i) consented to the act or omission; and\n- (ii) was 18 years or more at the time the offence was committed or alleged to have been committed; and\n- (b) the act or omission constituting the offence— (i) would not constitute an offence under the law of Queensland if it were done by the eligible person at the time the application was made; or (ii) meets the criteria in subsection (2A) .\n- (i) would not constitute an offence under the law of Queensland if it were done by the eligible person at the time the application was made; or\n- (ii) meets the criteria in subsection (2A) .\n- (i) consented to the act or omission; and\n- (ii) was 18 years or more at the time the offence was committed or alleged to have been committed; and\n- (i) would not constitute an offence under the law of Queensland if it were done by the eligible person at the time the application was made; or\n- (ii) meets the criteria in subsection (2A) .\n- (a) the act or omission— (i) was done, or allegedly done, in a public place; and (ii) would not constitute an offence under the law of Queensland if it were done at the time the application was made, other than in a public place; and\n- (i) was done, or allegedly done, in a public place; and\n- (ii) would not constitute an offence under the law of Queensland if it were done at the time the application was made, other than in a public place; and\n- (b) a person, other than a person engaging in the act or omission, would not have been able to observe the act or omission without taking abnormal or unusual action. Example of taking abnormal or unusual action— looking under the door of a cubicle in a public toilet\n- (i) was done, or allegedly done, in a public place; and\n- (ii) would not constitute an offence under the law of Queensland if it were done at the time the application was made, other than in a public place; and\n- (a) any public record containing information about the conviction or charge the chief executive has received from a criminal record holder; and\n- (b) any information or document the chief executive has received under section 16 about the application.","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Criteria for public morality offence","content":"### sec.19 Criteria for public morality offence\n\nThis section applies if a conviction or charge the subject of the application is for a public morality offence.\nThe chief executive may decide to expunge the conviction or charge for the offence only if the chief executive is satisfied, on the balance of probabilities, that—\nthe offence involved homosexual activity; and\nthe act or omission constituting the offence—\nwould not constitute an offence under the law of Queensland if it were done by the eligible person at the time the application was made; or\nmeets the criteria in subsection (2A) .\nFor subsection (2) (b) (ii) , the criteria are—\nthe act or omission—\nwas done, or allegedly done, in a public place; and\nwould not constitute an offence under the law of Queensland if it were done at the time the application was made, other than in a public place; and\na person, other than a person engaging in the act or omission, would not have been able to observe the act or omission without taking abnormal or unusual action.\nlooking under the door of a cubicle in a public toilet\nIn considering the criteria mentioned in subsection (2) or (2A) , the chief executive must have regard to—\nany public record containing information about the conviction or charge the chief executive has received from a criminal record holder; and\nany information or document the chief executive has received under section 16 about the application.\n(sec.19-ssec.1) This section applies if a conviction or charge the subject of the application is for a public morality offence.\n(sec.19-ssec.2) The chief executive may decide to expunge the conviction or charge for the offence only if the chief executive is satisfied, on the balance of probabilities, that— the offence involved homosexual activity; and the act or omission constituting the offence— would not constitute an offence under the law of Queensland if it were done by the eligible person at the time the application was made; or meets the criteria in subsection (2A) .\n(sec.19-ssec.2A) For subsection (2) (b) (ii) , the criteria are— the act or omission— was done, or allegedly done, in a public place; and would not constitute an offence under the law of Queensland if it were done at the time the application was made, other than in a public place; and a person, other than a person engaging in the act or omission, would not have been able to observe the act or omission without taking abnormal or unusual action. looking under the door of a cubicle in a public toilet\n(sec.19-ssec.3) In considering the criteria mentioned in subsection (2) or (2A) , the chief executive must have regard to— any public record containing information about the conviction or charge the chief executive has received from a criminal record holder; and any information or document the chief executive has received under section 16 about the application.\n- (a) the offence involved homosexual activity; and\n- (b) the act or omission constituting the offence— (i) would not constitute an offence under the law of Queensland if it were done by the eligible person at the time the application was made; or (ii) meets the criteria in subsection (2A) .\n- (i) would not constitute an offence under the law of Queensland if it were done by the eligible person at the time the application was made; or\n- (ii) meets the criteria in subsection (2A) .\n- (i) would not constitute an offence under the law of Queensland if it were done by the eligible person at the time the application was made; or\n- (ii) meets the criteria in subsection (2A) .\n- (a) the act or omission— (i) was done, or allegedly done, in a public place; and (ii) would not constitute an offence under the law of Queensland if it were done at the time the application was made, other than in a public place; and\n- (i) was done, or allegedly done, in a public place; and\n- (ii) would not constitute an offence under the law of Queensland if it were done at the time the application was made, other than in a public place; and\n- (b) a person, other than a person engaging in the act or omission, would not have been able to observe the act or omission without taking abnormal or unusual action. Example of taking abnormal or unusual action— looking under the door of a cubicle in a public toilet\n- (i) was done, or allegedly done, in a public place; and\n- (ii) would not constitute an offence under the law of Queensland if it were done at the time the application was made, other than in a public place; and\n- (a) any public record containing information about the conviction or charge the chief executive has received from a criminal record holder; and\n- (b) any information or document the chief executive has received under section 16 about the application.","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"Criteria for other eligible offences","content":"### sec.20 Criteria for other eligible offences\n\nThis section applies if a conviction or charge the subject of the application is for an eligible offence other than a Criminal Code male homosexual offence or a public morality offence.\nThe chief executive may decide to expunge the conviction or charge for the offence only if the chief executive is satisfied, on the balance of probabilities—\nthat the offence involved homosexual activity; and\nof the criteria prescribed by regulation for the offence.\n(sec.20-ssec.1) This section applies if a conviction or charge the subject of the application is for an eligible offence other than a Criminal Code male homosexual offence or a public morality offence.\n(sec.20-ssec.2) The chief executive may decide to expunge the conviction or charge for the offence only if the chief executive is satisfied, on the balance of probabilities— that the offence involved homosexual activity; and of the criteria prescribed by regulation for the offence.\n- (a) that the offence involved homosexual activity; and\n- (b) of the criteria prescribed by regulation for the offence.","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"Proposed refusal to expunge conviction or charge","content":"### sec.21 Proposed refusal to expunge conviction or charge\n\nIf 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—\nstating the chief executive proposes to refuse to expunge the conviction or charge (the proposed refusal ); and\ninforming the applicant of the reasons for the proposed refusal; and\ninviting the applicant to make a submission to the chief executive, within a stated period, in relation to the proposed refusal.\nAlso, the chief executive must give the applicant any information or document—\nobtained by the chief executive from a person or entity other than the applicant; and\nin the chief executive’s possession or control; and\nrelied on by the chief executive to support the proposed refusal.\nSubsection (2) does not apply to the extent the information or document contains confidential information about a person other than the applicant or eligible person.\nThe 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 ).\nAfter the period mentioned in subsection (1) (c) has ended, the chief executive must—\nif the applicant has made an accepted submission—consider the submission; and\nwhether or not the applicant has made an accepted submission—decide to expunge or refuse to expunge the conviction or charge.\n(sec.21-ssec.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— stating the chief executive proposes to refuse to expunge the conviction or charge (the proposed refusal ); and informing the applicant of the reasons for the proposed refusal; and inviting the applicant to make a submission to the chief executive, within a stated period, in relation to the proposed refusal.\n(sec.21-ssec.2) Also, the chief executive must give the applicant any information or document— obtained by the chief executive from a person or entity other than the applicant; and in the chief executive’s possession or control; and relied on by the chief executive to support the proposed refusal.\n(sec.21-ssec.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.\n(sec.21-ssec.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 ).\n(sec.21-ssec.5) After the period mentioned in subsection (1) (c) has ended, the chief executive must— if the applicant has made an accepted submission—consider the submission; and whether or not the applicant has made an accepted submission—decide to expunge or refuse to expunge the conviction or charge.\n- (a) stating the chief executive proposes to refuse to expunge the conviction or charge (the proposed refusal ); and\n- (b) informing the applicant of the reasons for the proposed refusal; and\n- (c) inviting the applicant to make a submission to the chief executive, within a stated period, in relation to the proposed refusal.\n- (a) obtained by the chief executive from a person or entity other than the applicant; and\n- (b) in the chief executive’s possession or control; and\n- (c) relied on by the chief executive to support the proposed refusal.\n- (a) if the applicant has made an accepted submission—consider the submission; and\n- (b) whether or not the applicant has made an accepted submission—decide to expunge or refuse to expunge the conviction or charge.","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"Notice of decision","content":"### sec.22 Notice of decision\n\nIf the chief executive decides to expunge a conviction or charge the subject of the application, the chief executive must give notice of the decision to—\nthe applicant; and\neach criminal record holder.\nThe decision takes effect on the day the notice is given to the applicant.\nIf the chief executive decides to refuse to expunge a conviction or charge the subject of the application, the chief executive must give the applicant a QCAT information notice for the decision.\n(sec.22-ssec.1) If the chief executive decides to expunge a conviction or charge the subject of the application, the chief executive must give notice of the decision to— the applicant; and each criminal record holder.\n(sec.22-ssec.2) The decision takes effect on the day the notice is given to the applicant.\n(sec.22-ssec.3) If the chief executive decides to refuse to expunge a conviction or charge the subject of the application, the chief executive must give the applicant a QCAT information notice for the decision.\n- (a) the applicant; and\n- (b) each criminal record holder.","sortOrder":25},{"sectionNumber":"sec.23","sectionType":"section","heading":"Subsequent expungement application","content":"### sec.23 Subsequent expungement application\n\nThis section applies if the chief executive decides to refuse to expunge a conviction or charge the subject of an expungement application (an original application ).\nA person may make a later expungement application in relation to the conviction or charge only if the chief executive is satisfied evidence relevant to the original application that was not available, or could not with reasonable diligence have been available, to the applicant before the chief executive decided to refuse to expunge the conviction or charge has become available.\n(sec.23-ssec.1) This section applies if the chief executive decides to refuse to expunge a conviction or charge the subject of an expungement application (an original application ).\n(sec.23-ssec.2) A person may make a later expungement application in relation to the conviction or charge only if the chief executive is satisfied evidence relevant to the original application that was not available, or could not with reasonable diligence have been available, to the applicant before the chief executive decided to refuse to expunge the conviction or charge has become available.","sortOrder":26},{"sectionNumber":"pt.3","sectionType":"part","heading":"Consequences of expungement","content":"# Consequences of expungement","sortOrder":27},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Effect of expunged convictions and charges","content":"### sec.24 Effect of expunged convictions and charges\n\nA reference in an Act, other than this Act, to a conviction or charge does not include an expunged conviction or expunged charge.\nWithout limiting subsection (1) , if a conviction or charge of a person for an offence is an expunged conviction or expunged charge—\nit 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\nevidence is not admissible in a proceeding before any court or tribunal to prove the person was convicted of, or charged with, the offence; and\na question about the person’s criminal history is taken not to refer to the conviction or charge; and\nthe person is not required to disclose information about the conviction or charge to anyone; and\nfor the purpose of any Act, agreement or arrangement—\nthe conviction or charge is not part of the person’s criminal history; and\na reference to the person’s character, however expressed, does not require or allow anyone to take the conviction or charge into account; and\nthe conviction or charge, or non-disclosure of the conviction or charge, is not a proper ground for—\nrefusing to appoint the person to any office, profession or employment; or\nexcluding or dismissing the person from any office, profession or employment; or\notherwise prejudicing the person in any way in any office, profession or employment; and\nif, 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.\nA 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—\nan investigation associated with the conviction or charge; or\na prosecution of the person for the offence; or\nthe sentencing of the person for the offence; or\nanother legal process associated with the conviction or charge.\nIn this section—\nauthority includes licence, permit and approval.\nprofession includes any occupation.\ntribunal includes any entity with power to decide a question affecting a person’s rights, privileges or liabilities.\n(sec.24-ssec.1) A reference in an Act, other than this Act, to a conviction or charge does not include an expunged conviction or expunged charge.\n(sec.24-ssec.2) Without limiting subsection (1) , if a conviction or charge of a person for an offence is an expunged conviction or expunged charge— 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 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 a question about the person’s criminal history is taken not to refer to the conviction or charge; and the person is not required to disclose information about the conviction or charge to anyone; and for the purpose of any Act, agreement or arrangement— the conviction or charge is not part of the person’s criminal history; and a reference to the person’s character, however expressed, does not require or allow anyone to take the conviction or charge into account; and the conviction or charge, or non-disclosure of the conviction or charge, is not a proper ground for— refusing to appoint the person to any office, profession or employment; or excluding or dismissing the person from any office, profession or employment; or otherwise prejudicing the person in any way in any office, profession or employment; and 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.\n(sec.24-ssec.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— an investigation associated with the conviction or charge; or a prosecution of the person for the offence; or the sentencing of the person for the offence; or another legal process associated with the conviction or charge.\n(sec.24-ssec.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.\n- (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\n- (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\n- (c) a question about the person’s criminal history is taken not to refer to the conviction or charge; and\n- (d) the person is not required to disclose information about the conviction or charge to anyone; and\n- (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\n- (i) the conviction or charge is not part of the person’s criminal history; and\n- (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\n- (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\n- (i) refusing to appoint the person to any office, profession or employment; or\n- (ii) excluding or dismissing the person from any office, profession or employment; or\n- (iii) otherwise prejudicing the person in any way in any office, profession or employment; and\n- (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.\n- (i) the conviction or charge is not part of the person’s criminal history; and\n- (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\n- (i) refusing to appoint the person to any office, profession or employment; or\n- (ii) excluding or dismissing the person from any office, profession or employment; or\n- (iii) otherwise prejudicing the person in any way in any office, profession or employment; and\n- (a) an investigation associated with the conviction or charge; or\n- (b) a prosecution of the person for the offence; or\n- (c) the sentencing of the person for the offence; or\n- (d) another legal process associated with the conviction or charge.","sortOrder":29},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Public records","content":"## Public records","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Definitions for division","content":"### sec.25 Definitions for division\n\nIn this division—\npublic authority means a public authority under the Public Records Act 2023 .\ns 25 def public authority amd 2023 No. 33 s 107 sch 4\npublic record means a record kept by a public authority that contains information about a conviction or charge.","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Disclosing information from public records about expunged convictions or charges","content":"### sec.26 Disclosing information from public records about expunged convictions or charges\n\nThis section applies to a person who—\nhas access to information in a public record about an expunged conviction or expunged charge; and\nknows, or ought reasonably to know, the conviction or charge is an expunged conviction or expunged charge.\nThe person must not disclose the information to anyone unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nSubsection (2) does not apply to a disclosure of information—\nto the extent necessary to perform a function under this Act; or\nannotating a public record under section 28\nto the extent necessary to perform a function under the Public Records Act 2023 ; or\nto, or with the written consent of, the person to whom the expunged conviction or expunged charge relates; or\nin a form that could not identify any person to whom the information relates.\ns 26 amd 2023 No. 33 s 107 sch 4\n(sec.26-ssec.1) This section applies to a person who— has access to information in a public record about an expunged conviction or expunged charge; and knows, or ought reasonably to know, the conviction or charge is an expunged conviction or expunged charge.\n(sec.26-ssec.2) The person must not disclose the information to anyone unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.26-ssec.3) Subsection (2) does not apply to a disclosure of information— to the extent necessary to perform a function under this Act; or annotating a public record under section 28 to the extent necessary to perform a function under the Public Records Act 2023 ; or to, or with the written consent of, the person to whom the expunged conviction or expunged charge relates; or in a form that could not identify any person to whom the information relates.\n- (a) has access to information in a public record about an expunged conviction or expunged charge; and\n- (b) knows, or ought reasonably to know, the conviction or charge is an expunged conviction or expunged charge.\n- (a) to the extent necessary to perform a function under this Act; or Example of a function under this Act— annotating a public record under section 28\n- (b) to the extent necessary to perform a function under the Public Records Act 2023 ; or\n- (c) to, or with the written consent of, the person to whom the expunged conviction or expunged charge relates; or\n- (d) in a form that could not identify any person to whom the information relates.","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Dishonestly obtaining information from public records about expunged convictions or charges","content":"### sec.27 Dishonestly obtaining information from public records about expunged convictions or charges\n\nA person must not dishonestly obtain, or attempt to obtain, information about an expunged conviction or expunged charge contained in a public record.\nMaximum penalty—100 penalty units.\n(sec.27-ssec) A person must not dishonestly obtain, or attempt to obtain, information about an expunged conviction or expunged charge contained in a public record. Maximum penalty—100 penalty units.","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Annotation of public records about expungement","content":"### sec.28 Annotation of public records about expungement\n\nThis section applies if—\nthe chief executive gives notice to a criminal record holder under section 22 of the expungement of a conviction or charge; and\nthe criminal record holder holds a public record containing information about the conviction or charge.\nThe criminal record holder must—\nannotate the public record by—\nmaking any necessary changes to the public record to show the conviction or charge is an expunged conviction or expunged charge; and\nincluding any statement or information prescribed by regulation; and\ngive the chief executive notice that the annotation has been made.\nOn receiving the notice under subsection (2) (b) , the chief executive must give the applicant for the expungement of the conviction or charge notice of the annotation.\n(sec.28-ssec.1) This section applies if— the chief executive gives notice to a criminal record holder under section 22 of the expungement of a conviction or charge; and the criminal record holder holds a public record containing information about the conviction or charge.\n(sec.28-ssec.2) The criminal record holder must— annotate the public record by— making any necessary changes to the public record to show the conviction or charge is an expunged conviction or expunged charge; and including any statement or information prescribed by regulation; and give the chief executive notice that the annotation has been made.\n(sec.28-ssec.3) On receiving the notice under subsection (2) (b) , the chief executive must give the applicant for the expungement of the conviction or charge notice of the annotation.\n- (a) the chief executive gives notice to a criminal record holder under section 22 of the expungement of a conviction or charge; and\n- (b) the criminal record holder holds a public record containing information about the conviction or charge.\n- (a) annotate the public record by— (i) making any necessary changes to the public record to show the conviction or charge is an expunged conviction or expunged charge; and (ii) including any statement or information prescribed by regulation; and\n- (i) making any necessary changes to the public record to show the conviction or charge is an expunged conviction or expunged charge; and\n- (ii) including any statement or information prescribed by regulation; and\n- (b) give the chief executive notice that the annotation has been made.\n- (i) making any necessary changes to the public record to show the conviction or charge is an expunged conviction or expunged charge; and\n- (ii) including any statement or information prescribed by regulation; and","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Changes to public records on revival of expunged conviction or charge","content":"### sec.29 Changes to public records on revival of expunged conviction or charge\n\nThis section applies if—\nthe chief executive gives notice to a criminal record holder under section 35 of a decision that an expunged conviction or expunged charge is no longer an expunged conviction or expunged charge; and\nthe criminal record holder holds a public record containing information about the conviction or charge.\nThe criminal record holder must—\nmake any necessary changes to the public record so the record no longer indicates the conviction or charge is an expunged conviction or expunged charge; and\ngive the chief executive notice that the changes have been made.\nOn receiving the notice under subsection (2) (b) , the chief executive must give the applicant for the expungement of the conviction or charge notice of the changes.\n(sec.29-ssec.1) This section applies if— the chief executive gives notice to a criminal record holder under section 35 of a decision that an expunged conviction or expunged charge is no longer an expunged conviction or expunged charge; and the criminal record holder holds a public record containing information about the conviction or charge.\n(sec.29-ssec.2) The criminal record holder must— make any necessary changes to the public record so the record no longer indicates the conviction or charge is an expunged conviction or expunged charge; and give the chief executive notice that the changes have been made.\n(sec.29-ssec.3) On receiving the notice under subsection (2) (b) , the chief executive must give the applicant for the expungement of the conviction or charge notice of the changes.\n- (a) the chief executive gives notice to a criminal record holder under section 35 of a decision that an expunged conviction or expunged charge is no longer an expunged conviction or expunged charge; and\n- (b) the criminal record holder holds a public record containing information about the conviction or charge.\n- (a) make any necessary changes to the public record so the record no longer indicates the conviction or charge is an expunged conviction or expunged charge; and\n- (b) give the chief executive notice that the changes have been made.","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Deletion of information from public records","content":"### sec.30 Deletion of information from public records\n\nThis Act does not require or authorise a person to destroy a public record or omit information about an expunged conviction or expunged charge from a public record.","sortOrder":36},{"sectionNumber":"pt.4","sectionType":"part","heading":"Revival of expunged conviction or charge","content":"# Revival of expunged conviction or charge","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Chief executive may decide to revive expunged conviction or charge","content":"### sec.31 Chief executive may decide to revive expunged conviction or charge\n\nThe chief executive may decide that an expunged conviction or expunged charge is no longer an expunged conviction or expunged charge if the chief executive is satisfied the conviction or charge became an expunged conviction or expunged charge because of false or misleading information.","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Show cause process","content":"### sec.32 Show cause process\n\nBefore making a decision under section 31 about an expunged conviction or expunged charge, the chief executive must give the applicant for the expungement of the conviction or charge a notice (a show cause notice )—\nstating the chief executive proposes to decide that the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge (the proposed decision ); and\ninforming the applicant of the reasons for the proposed decision; and\ninviting the applicant to make a submission to the chief executive, within a stated period, in relation to the proposed decision.\nThe applicant may make a written submission about the show cause notice to the chief executive in the period mentioned in subsection (1) (c) (an accepted submission ).\n(sec.32-ssec.1) Before making a decision under section 31 about an expunged conviction or expunged charge, the chief executive must give the applicant for the expungement of the conviction or charge a notice (a show cause notice )— stating the chief executive proposes to decide that the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge (the proposed decision ); and informing the applicant of the reasons for the proposed decision; and inviting the applicant to make a submission to the chief executive, within a stated period, in relation to the proposed decision.\n(sec.32-ssec.2) The applicant may make a written submission about the show cause notice to the chief executive in the period mentioned in subsection (1) (c) (an accepted submission ).\n- (a) stating the chief executive proposes to decide that the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge (the proposed decision ); and\n- (b) informing the applicant of the reasons for the proposed decision; and\n- (c) inviting the applicant to make a submission to the chief executive, within a stated period, in relation to the proposed decision.","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.33 Ending show cause process without further action\n\nIf, after considering any accepted submission, the chief executive is no longer satisfied the expunged conviction or expunged charge became an expunged conviction or expunged charge because of false or misleading information, the chief executive—\nmust not take further action about the show cause notice; and\nmust give notice to the applicant for the expungement of the conviction or charge that no further action is to be taken about the show cause notice.\n- (a) must not take further action about the show cause notice; and\n- (b) must give notice to the applicant for the expungement of the conviction or charge that no further action is to be taken about the show cause notice.","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Decision to revive expunged conviction or charge","content":"### sec.34 Decision to revive expunged conviction or charge\n\nIf, after considering any accepted submission, the chief executive is still satisfied the expunged conviction or expunged charge became an expunged conviction or expunged charge because of false or misleading information, the chief executive must—\ndecide the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge; and\ngive the applicant for the expungement of the conviction or charge a QCAT information notice for the decision.\nThe decision takes effect on the day the QCAT information notice is given to the applicant.\n(sec.34-ssec.1) If, after considering any accepted submission, the chief executive is still satisfied the expunged conviction or expunged charge became an expunged conviction or expunged charge because of false or misleading information, the chief executive must— decide the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge; and give the applicant for the expungement of the conviction or charge a QCAT information notice for the decision.\n(sec.34-ssec.2) The decision takes effect on the day the QCAT information notice is given to the applicant.\n- (a) decide the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge; and\n- (b) give the applicant for the expungement of the conviction or charge a QCAT information notice for the decision.","sortOrder":41},{"sectionNumber":"sec.35","sectionType":"section","heading":"Notice of revival of expunged conviction or charge to criminal record holder","content":"### sec.35 Notice of revival of expunged conviction or charge to criminal record holder\n\nThis section applies if the chief executive decides that an expunged conviction or expunged charge is no longer an expunged conviction or expunged charge and—\nthe applicant for the expungement of the conviction or charge has not applied for a review of the decision within the time allowed under the QCAT Act , section 33 (3) ; or\nif the applicant for the expungement of the conviction or charge applied for a review of the decision—the review has been finally decided and the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge.\nThe chief executive must give each criminal record holder notice that the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge.\n(sec.35-ssec.1) This section applies if the chief executive decides that an expunged conviction or expunged charge is no longer an expunged conviction or expunged charge and— the applicant for the expungement of the conviction or charge has not applied for a review of the decision within the time allowed under the QCAT Act , section 33 (3) ; or if the applicant for the expungement of the conviction or charge applied for a review of the decision—the review has been finally decided and the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge.\n(sec.35-ssec.2) The chief executive must give each criminal record holder notice that the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge.\n- (a) the applicant for the expungement of the conviction or charge has not applied for a review of the decision within the time allowed under the QCAT Act , section 33 (3) ; or\n- (b) if the applicant for the expungement of the conviction or charge applied for a review of the decision—the review has been finally decided and the expunged conviction or expunged charge is no longer an expunged conviction or expunged charge.","sortOrder":42},{"sectionNumber":"pt.5","sectionType":"part","heading":"Reviews, evidence, legal proceedings and offences","content":"# Reviews, evidence, legal proceedings and offences","sortOrder":43},{"sectionNumber":"sec.36","sectionType":"section","heading":"Review by QCAT","content":"### sec.36 Review by QCAT\n\nA person given, or entitled to be given, a QCAT information notice for a decision may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\nThe QCAT Act , section 22 (3) provides that QCAT may stay the operation of the decision, either on application by a person or on its own initiative.","sortOrder":44},{"sectionNumber":"sec.37","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.37 Evidentiary provisions\n\nThis section applies to a proceeding under this Act.\nThe appointment or power of the chief executive must be presumed unless a party to the proceeding, by reasonable notice, requires proof of—\nthe appointment; or\nthe power to do anything under this Act.\nA signature purporting to be the signature of the chief executive is evidence of the signature it purports to be.\nA certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—\nthat a conviction or charge of a stated eligible person for a stated eligible offence was or was not expunged under this Act;\non a stated day, a stated person was given a stated notice under this Act;\non a stated day, a stated request was made of a stated person or entity.\nIn a complaint starting the proceeding, a statement that the offence in the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.\n(sec.37-ssec.1) This section applies to a proceeding under this Act.\n(sec.37-ssec.2) The appointment or power of the chief executive must be presumed unless a party to the proceeding, by reasonable notice, requires proof of— the appointment; or the power to do anything under this Act.\n(sec.37-ssec.3) A signature purporting to be the signature of the chief executive is evidence of the signature it purports to be.\n(sec.37-ssec.4) A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— that a conviction or charge of a stated eligible person for a stated eligible offence was or was not expunged under this Act; on a stated day, a stated person was given a stated notice under this Act; on a stated day, a stated request was made of a stated person or entity.\n(sec.37-ssec.5) In a complaint starting the proceeding, a statement that the offence in the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.\n- (a) the appointment; or\n- (b) the power to do anything under this Act.\n- (a) that a conviction or charge of a stated eligible person for a stated eligible offence was or was not expunged under this Act;\n- (b) on a stated day, a stated person was given a stated notice under this Act;\n- (c) on a stated day, a stated request was made of a stated person or entity.","sortOrder":45},{"sectionNumber":"sec.38","sectionType":"section","heading":"Proceeding for offences","content":"### sec.38 Proceeding for offences\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\nA proceeding may be started within—\n1 year after the offence is committed; or\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n(sec.38-ssec.1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.38-ssec.2) A proceeding may be started within— 1 year after the offence is committed; or 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n- (a) 1 year after the offence is committed; or\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":46},{"sectionNumber":"sec.39","sectionType":"section","heading":"False or misleading information","content":"### sec.39 False or misleading information\n\nA person must not, in relation to the administration of this Act, give the chief executive information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person if the person, when giving information in a document—\ntells the chief executive, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.39-ssec.1) A person must not, in relation to the administration of this Act, give the chief executive information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.39-ssec.2) Subsection (1) does not apply to a person if the person, when giving information in a document— tells the chief executive, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the chief executive, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":47},{"sectionNumber":"sec.40","sectionType":"section","heading":"Confidentiality of information","content":"### sec.40 Confidentiality of information\n\nThis section applies to the following persons (each an informed person )—\na person who acquires or gains access to confidential information through the person’s involvement in the administration of this Act or because of an opportunity provided by the person’s involvement in the administration of this Act;\na person who acquires or gains access to confidential information, whether directly or indirectly, from a person mentioned in paragraph (a) .\nThe informed person must not disclose or give access to confidential information acquired or gained by the person to anyone other than under subsection (3) .\nMaximum penalty—100 penalty units.\nThe informed person may disclose or give access to confidential information—\nfor or under this Act; or\nas authorised or required under another law; or\nto, or with the written consent of, the person to whom the information relates; or\nfor a proceeding under this Act.\n(sec.40-ssec.1) This section applies to the following persons (each an informed person )— a person who acquires or gains access to confidential information through the person’s involvement in the administration of this Act or because of an opportunity provided by the person’s involvement in the administration of this Act; a person who acquires or gains access to confidential information, whether directly or indirectly, from a person mentioned in paragraph (a) .\n(sec.40-ssec.2) The informed person must not disclose or give access to confidential information acquired or gained by the person to anyone other than under subsection (3) . Maximum penalty—100 penalty units.\n(sec.40-ssec.3) The informed person may disclose or give access to confidential information— for or under this Act; or as authorised or required under another law; or to, or with the written consent of, the person to whom the information relates; or for a proceeding under this Act.\n- (a) a person who acquires or gains access to confidential information through the person’s involvement in the administration of this Act or because of an opportunity provided by the person’s involvement in the administration of this Act;\n- (b) a person who acquires or gains access to confidential information, whether directly or indirectly, from a person mentioned in paragraph (a) .\n- (a) for or under this Act; or\n- (b) as authorised or required under another law; or\n- (c) to, or with the written consent of, the person to whom the information relates; or\n- (d) for a proceeding under this Act.","sortOrder":48},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Chief executive may appoint lawyer to help","content":"### sec.41 Chief executive may appoint lawyer to help\n\nThe chief executive may appoint a lawyer of at least 5 years standing to help the chief executive in relation to an expungement application.\nThe lawyer holds office on the conditions stated in—\nthe lawyer’s instrument of appointment; or\na notice signed by the chief executive and given to the lawyer.\nA lawyer appointed under this section is appointed under this Act, and not under the Public Sector Act 2022 .\ns 41 amd 2022 No. 34 s 365 sch 3\n(sec.41-ssec.1) The chief executive may appoint a lawyer of at least 5 years standing to help the chief executive in relation to an expungement application.\n(sec.41-ssec.2) The lawyer holds office on the conditions stated in— the lawyer’s instrument of appointment; or a notice signed by the chief executive and given to the lawyer.\n(sec.41-ssec.3) A lawyer appointed under this section is appointed under this Act, and not under the Public Sector Act 2022 .\n- (a) the lawyer’s instrument of appointment; or\n- (b) a notice signed by the chief executive and given to the lawyer.","sortOrder":50},{"sectionNumber":"sec.42","sectionType":"section","heading":"Royal prerogative of mercy","content":"### sec.42 Royal prerogative of mercy\n\nThis Act does not affect the royal prerogative of mercy.","sortOrder":51},{"sectionNumber":"sec.43","sectionType":"section","heading":"Delegation","content":"### sec.43 Delegation\n\nThe chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified senior executive or senior officer under the Public Sector Act 2022 .\nIn this section—\nfunction includes power.\ns 43 amd 2022 No. 34 s 365 sch 3\n(sec.43-ssec.1) The chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified senior executive or senior officer under the Public Sector Act 2022 .\n(sec.43-ssec.2) In this section— function includes power.","sortOrder":52},{"sectionNumber":"sec.44","sectionType":"section","heading":"Approved forms","content":"### sec.44 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":53},{"sectionNumber":"sec.45","sectionType":"section","heading":"Regulation-making power","content":"### sec.45 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":54}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a targeted scheme for expunging historical homosexual convictions. The structure covers the complete lifecycle: application, decision-making criteria, consequences of expungement, revival procedures, and enforcement. While there are regulation-making powers for additional offences and criteria, these appear to be anticipated expansion mechanisms rather than scope creep beyond the original intent."},"complexity_factors":["Multiple defined terms (8+ key definitions including 'eligible person', 'eligible offence', 'Criminal Code male homosexual offence', 'public morality offence')","Nested conditional criteria for different offence types (ss 18-20) with alternative pathways for public place offences","Cross-references to external legislation (Criminal Code, Guardianship and Administration Act 2000, Public Records Act 2023, QCAT Act, etc.)","Hierarchical application process with multiple decision points and procedural safeguards (show cause process for revivals, QCAT review rights)","Detailed record-keeping and annotation requirements for criminal record holders","Specific evidentiary presumptions and proof requirements in proceedings","Complex eligibility hierarchy for applicants when the eligible person is deceased or has impaired capacity (s 11)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a scheme to wipe (\"expunge\") old criminal convictions and charges for homosexual activity that occurred before 19 January 1991. It recognises that laws criminalising consensual same-sex activity were unjust, and allows people to apply to have these historical records cleared.\n\n**Who it affects:**\n\n- **Directly:** People convicted or charged with homosexual offences before 1991 (or their representatives if they have died or lack capacity)\n- **Indirectly:** Employers, government agencies, and anyone who holds criminal records\n\n**How it works:**\n\n- Eligible people (or their guardians, family members, or estate representatives) apply to a government official (the \"chief executive\")\n- The chief executive decides whether to expunge based on specific criteria, including whether the activity was consensual and between adults\n- If expunged, the person is treated legally as if the conviction never happened — they don't have to disclose it, it won't appear in criminal history checks, and it can't be used against them in employment or licensing\n\n**Key limitations:**\n\n- Only applies to offences before 19 January 1991\n- No compensation is payable\n- Doesn't affect things that were lawfully done before expungement (like completed sentences)\n- Convictions can be \"revived\" if obtained through false information\n\n**Why it matters:**\n\nThis is a form of restorative justice for people harmed by historical discrimination. It removes the ongoing stigma and practical barriers (like employment discrimination) that come with having a criminal record for activity that is now legal and socially accepted."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains narrowly focused on providing an administrative pathway to expunge historical convictions or charges involving homosexual activity that occurred before 19 January 1991 (s3, s8). Subsequent amendments reflected in the text update administrative cross‑references (for example to the Public Records Act 2023 and updated birth/death registration Acts) and clarify processes (s12, s25–26) but do not materially expand the substantive purpose. The Act does permit regulations to prescribe additional eligible offences from before 19 January 1991 (s8(1)(c)) and to set criteria for them (s20), which allows limited, controlled extension within the original temporal and subject‑matter scope rather than a substantive change of purpose."},"complexity_factors":["Multiple offence categories with distinct criteria (Criminal Code male homosexual offences, public morality offences, other offences) (ss9–10, 18–20)","Cross‑references to many external Acts: Criminal Code, Vagrants, Gaming and Other Offences Act 1931, Guardianship and Administration Act 2000, Powers of Attorney Act 1998, Acts Interpretation Act 1954, Public Records Act 2023, QCAT Act, Public Sector Act 2022, Justices Act 1886 (see ss9–11, 15, 25, 36, 41, 43, 38)","Administrative discretion concentrated in the chief executive with delegated functions, appointment powers, and investigatory powers (ss14–17, 31–35, 41, 43)","Procedural layers: application requirements, requests for further information, proposed refusal with chance to respond, final decision, annotation, potential revival, QCAT review (ss12–23, 28–35, 36)","Evidentiary standard and sources: balance of probabilities and reliance on public records, third‑party information and statutory declarations (ss18–19, 14–16, 37)","Regulation‑making openings that can add offences and set criteria (ss8(c), 20, 45)","Confidentiality and criminal penalties for disclosure and dishonest obtaining of information; exceptions and limits create conditional logic (ss26–27, 39–40)","Temporal limitation and conditional regulatory prescription: only offences before 19 January 1991, and regulations may only prescribe offences to that extent (s3, s8(2))","References to a separate dictionary/schedule and to amended provisions (schedule 1 referenced; s12 amended by later Acts), indicating cross‑document definitions","Multiple actors required to act (applicants, chief executive, criminal record holders, other public authorities, QCAT) increasing coordination complexity"],"plain_english_summary":"**What this law does (mechanics)**\n\n- Establishes an administrative scheme to expunge (formally erase in law) certain historic convictions or charges for offences involving homosexual activity if they happened before 19 January 1991 (s3, s8).\n- Sets who can apply: the person affected, a lawful substitute if they lack capacity, or close relatives/representatives if the person has died (s11).  \n- Requires an application in an approved form with identity evidence and information about each offence; the chief executive can request further documents or information (s12, s14).  \n- The chief executive decides whether to expunge each conviction or charge without holding an oral hearing (s17). Different sets of statutory criteria apply depending on the type of historic offence (Criminal Code male homosexual offences, public morality offences, or other offences prescribed by regulation) (ss18–20). The decision standard is the balance of probabilities (ss18–20).\n- If the chief executive proposes to refuse, the applicant gets notice explaining reasons and an opportunity to submit further material before the final decision (s21).  \n- Successful expungement takes effect on notice to the applicant and criminal record holders, who must annotate public records to show the conviction/charge is expunged (s22, s28).  \n- The chief executive can later “revive” (undo) an expungement if satisfied it was obtained because of false or misleading information, after a show‑cause process and right to make submissions (ss31–35).  \n- Decisions can be reviewed by the Queensland Civil and Administrative Tribunal (QCAT) where a QCAT information notice is issued (s36).  \n- The Act creates criminal penalties for supplying false or misleading information to the chief executive, and for unauthorised disclosure or dishonest obtaining of public record information about expunged convictions (ss39, 26–27).  \n- The chief executive has administrative powers including delegations and appointing a lawyer to assist (ss41, 43), and regulations may add offences and set further criteria (ss8, 20, 45).\n\n**Who is affected**\n\n- Primary beneficiaries: people convicted or charged before 19 January 1991 of the specific categories of offences listed (eligible persons) and their authorised representatives (s7–s11).\n- Administration: the chief executive (decision‑maker), criminal record holders and other public authorities asked to supply records or annotate them (ss15, 28).\n- Third parties: employers, licensing bodies, tribunals and private entities that use criminal history information. Once expunged, the conviction or charge generally must be treated as if it never occurred for legal and administrative purposes (s24).\n\n**Why it matters (official purpose and operational consequences)**\n\n- Officially, the Act’s purpose is to allow certain historical convictions and charges for homosexual activity to be legally removed so affected people are treated in law as if those convictions or charges never occurred (s3).\n\n- Operational consequences: an expunged conviction is excluded from references to criminal history in other laws, is not admissible in proceedings to prove the conviction, and need not be disclosed to anyone; it cannot properly be used as a ground to refuse or dismiss someone from an office, profession or employment (s24). Public records must be annotated rather than destroyed (ss28, 30). Unauthorised disclosure of expunged conviction information in public records is a punishable offence (s26).\n\n**Costs, incentives, trade‑offs and implementation issues**\n\n- Who decides and who pays: decisions and record annotation are exercised by the chief executive and by criminal record holders; the administrative costs (processing applications, annotating records, handling reviews and any QCAT matters) fall on government agencies and public authorities (ss14–16, 22, 28). Criminal record holders must comply with information requests about public records (s15).\n- Compliance burden on applicants: Applicants must assemble identity evidence and historical particulars (which may be hard to obtain for decades‑old matters) and may need to provide statutory declarations or additional documents if requested (s12, s14). The process requires applicants’ consent to information exchange with records holders (s12, s15).  \n- Bureaucratic discretion: the chief executive has broad discretionary powers to request information, refuse or grant expungement, and to revive an expungement if false information is discovered. Delegation and appointment powers provide administrative flexibility but concentrate decision power in the chief executive’s office (ss14, 17, 31–35, 41, 43).  \n- Evidentiary and verification risk: the standard is the balance of probabilities and the chief executive may rely on public records and third‑party material (ss18–19). Verifying consent and age decades after events may be difficult where records or witnesses are missing, increasing the risk of both false negatives (genuine cases refused) and false positives (fraudulent claims later revived) (ss18–19, 31–34).  \n- Effects on private actors and markets: employers, licensing bodies and private screening services must treat expunged convictions as non‑existent for legal and most practical purposes (s24). This reduces the availability of historic conviction data to those private actors and therefore affects background‑check businesses and how private contracts handle criminal history clauses. No direct effect on prices or market structure is mandated, but businesses that sell criminal history checks will need to change practices to respect annotations and non‑disclosure obligations (ss24, 26, 28).  \n- Speech and information access: the law restricts disclosure of expunged conviction information held in public records and makes dishonest obtaining an offence (ss26–27). This narrows lawful public access to certain historic criminal records, subject to specific exceptions (s26(3)).  \n- Concentrated benefits and diffuse costs: benefits are concentrated on applicants with eligible historic convictions; costs (administrative processing, annotation, policing unlawful disclosures) are spread across public agencies and record holders.  \n- Regulatory extension risk: the Governor in Council may add other eligible offences by regulation (s8(c)), and the chief executive applies criteria prescribed by regulation for such offences (s20). That regulatory power allows modest growth in scope without further primary‑legislation debate, constrained by the Act’s temporal limit (only to the extent the offence happened before 19 January 1991) (s8(2)).\n\n**Practical behavioural effects**\n\n- Applicants: may apply to have qualifying convictions treated as never having occurred; if successful they can lawfully deny the conviction and will not be required to disclose it (s24).  \n- Public authorities/criminal record holders: must annotate records to reflect expungement and restrict disclosure; they must comply with information requests from the chief executive when the applicant consents (ss15, 28).  \n- Employers/licensing bodies: must not rely on expunged convictions as a ground to refuse or dismiss, and may need to change screening procedures (s24).\n\n**Key statutory references**: purpose and scope (s3, s8), who may apply and application content (ss11–12), decisionmaker and process (ss14–22), statutory criteria by offence type (ss18–20), legal effects of expungement (s24), annotation and disclosure rules for public records (ss26–30), revival and show‑cause (ss31–35), offences and penalties (ss26–27, 39)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act's scope is consistent with its stated purpose: expunging historical convictions for male homosexual conduct that occurred before decriminalisation in Queensland in 1991. The scheme is deliberately narrow — it does not cover female homosexual conduct, does not provide compensation, does not destroy records, and includes safeguards (consent, age, and the 'still legal today' test) that keep it focused on clearly unjust historical convictions."},"complexity_factors":["Multiple categories of eligible offences requiring cross-referencing with repealed historical legislation (Criminal Code provisions and the Vagrants, Gaming and Other Offences Act 1931)","Tiered applicant eligibility with priority ordering and multiple sub-categories for deceased persons and persons with impaired capacity","Nuanced criteria for expungement — particularly the 'public place' exception requiring assessment of whether conduct would still be an offence today and whether it was observable without abnormal effort","Multi-stage administrative process involving information gathering, proposed refusal notices, submission periods, and final decisions","Revival mechanism allowing expunged convictions to be reinstated if obtained by false information, with its own show-cause process","Interplay with multiple other Acts (Guardianship and Administration Act, Powers of Attorney Act, Public Records Act, QCAT Act, Justices Act, Public Sector Act)","Confidentiality obligations with complex exceptions applying to different categories of people","Regulation-making powers that can expand the scope of eligible offences and criteria, making the full scheme indeterminate from the Act alone"],"plain_english_summary":"This Queensland law lets people (or, if deceased or incapacitated, certain family/representatives) apply to have criminal convictions or charges for consensual male homosexual activity before 19 January 1991 expunged. The chief executive must be satisfied the conduct involved consenting adults and wouldn’t be an offence today. Expungement lets applicants lawfully deny the conviction in most contexts, but doesn’t provide compensation, won’t undo past lawful actions, and excludes other kinds of historical offences; unlawful disclosure carries penalties."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-law-historical-homosexual-convictions-expungement-act-2017","history":"/api/acts/criminal-law-historical-homosexual-convictions-expungement-act-2017/history","analysis":"/api/acts/criminal-law-historical-homosexual-convictions-expungement-act-2017/analysis","conflicts":"/api/acts/criminal-law-historical-homosexual-convictions-expungement-act-2017/conflicts","importantCases":"/api/acts/criminal-law-historical-homosexual-convictions-expungement-act-2017/important-cases","documents":"/api/acts/criminal-law-historical-homosexual-convictions-expungement-act-2017/documents"}}