{"id":"expungement-of-historical-homosexual-offence-records-act-2018","name":"Expungement of Historical Homosexual Offence Records Act 2018","slug":"expungement-of-historical-homosexual-offence-records-act-2018","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30043,"registerId":"nt-expungement-of-historical-homosexual-offence-records-act-2018-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Expungement of Historical Homosexual Offence Records Act 2018","content":"NORTHERN TERRITORY OF AUSTRALIA\nEXPUNGEMENT OF HISTORICAL HOMOSEXUAL OFFENCE RECORDS\nACT 2018\nAs in force at 30 April 2023\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Object of Act .................................................................................... 1\n4 Definitions ........................................................................................ 1\n5 Act binds Crown .............................................................................. 3\n6 Application of Criminal Code ........................................................... 3\nPart 2 Expungement process\n7 Expungable offences ....................................................................... 3\n8 Criteria to expunge charge or conviction ......................................... 3\n9 Application to expunge records ....................................................... 4\n10 Insufficient information ..................................................................... 5\n11 Additional information ...................................................................... 6\n12 Security of information ..................................................................... 6\n13 Withdrawal of application ................................................................. 7\n14 Making inquiries ............................................................................... 7\n15 Consideration of application ............................................................ 8\n16 Proposed refusal ............................................................................. 8\n17 Determination of application ............................................................ 9\n18 Subsequent application ................................................................... 9\n19 Expunging records ........................................................................... 9\n20 Effect of expungement ................................................................... 10\n21 No entitlement to compensation .................................................... 12\nPart 3 Revocation process\n22 Revoking a determination to expunge ........................................... 12\n23 Restoring records .......................................................................... 13\n24 Effect of revocation ........................................................................ 14\nPart 4 Offences\n25 Unlawful disclosure........................................................................ 14\n26 Dishonestly obtaining information .................................................. 15\n\nExpungement of Historical Homosexual Offence Records Act 2018 ii\nPart 5 Administrative matters\n27 Prior lawful acts not affected.......................................................... 16\n28 Protection from liability .................................................................. 16\n29 Powers of Chief Executive Officer ................................................. 16\n30 Review by Northern Territory Civil and Administrative Tribunal ..... 16\n31 Regulations.................................................................................... 17\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 30 April 2023\n____________________\nEXPUNGEMENT OF HISTORICAL HOMOSEXUAL OFFENCE RECORDS\nACT 2018\nAn Act to establish a scheme to expunge historical homosexual\noffences from criminal records, and for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Expungement of Historical\nHomosexual Offence Records Act 2018.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Object of Act\nThe object of this Act is to establish a scheme that:\n(a) provides an application process to expunge charges and\nconvictions for offences involving homosexual activity; and\n(b) treats, as far as practicable in law, a person whose charge or\nconviction is expunged as if it had not occurred.\n4 Definitions\nIn this Act:\napplicant means a person who makes an application or, in respect\nof a revocation, the person who made the application.\napplication means an application to expunge a charge or\nconviction under this Act.\n\nPart 1 Preliminary matters\nExpungement of Historical Homosexual Offence Records Act 2018 2\ncharge means a charge of an expungable offence, including the\nfollowing:\n(a) a charge on an arrest;\n(b) a complaint under an Act;\n(c) a charge by a court;\n(d) an indictment.\nconviction means, in respect of an expungable offence, a finding\nof guilt, or the acceptance of a plea of guilty, by a court, judge,\nmagistrate or person who exercised the jurisdiction of a court,\nwhether or not a conviction is recorded.\ncourt means any of the following:\n(a) a Local Court;\n(b) the Supreme Court;\n(c) the Youth Justice Court.\ndetermination means a decision by the Chief Executive Officer\nwhether to expunge a charge or conviction under this Act.\nexpungable offence, see section 7.\npersonal information, see section 4A of the Information Act 2002.\nrecord means recorded information in any form (including data in a\ncomputer system) that is required to be kept by the following\norganisations as evidence of the activities or operations of the\norganisation, or its predecessor, and includes part of a record and a\ncopy of a record:\n(a) the Police Force;\n(b) the Director of Public Prosecutions;\n(c) a court;\n(d) the archives service established to perform the archives\nfunctions for the Territory under the Information Act 2002.\nrevocation means a revocation of a determination to expunge a\ncharge or conviction under this Act.\n\nPart 2 Expungement process\nExpungement of Historical Homosexual Offence Records Act 2018 3\n5 Act binds Crown\n(1) This Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n(2) This Act does not affect the Royal Prerogative of Mercy.\n6 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 6\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Expungement process\n7 Expungable offences\nThe offences that may be expunged under this Act are the\nfollowing:\n(a) an offence against section 71 or 72 of the Criminal Law\nConsolidation Act, 1876 (SA) before its repeal by the Criminal\nCode Act on 1 January 1984;\n(b) an offence against section 127 or 128 of the Criminal Code\nbefore its repeal by the Law Reform (Gender, Sexuality and\nDe Facto Relationships) Act 2003 on 17 March 2004;\n(c) an offence, prescribed by regulation, that involves consensual\nsexual activity between persons of the same sex;\n(d) an offence against public decency or morality by which\nhomosexual behaviour could be punished;\n(e) an offence of attempting, or of conspiracy or incitement, to\ncommit an offence mentioned in paragraphs (a) to (d).\n8 Criteria to expunge charge or conviction\nA person's charge or conviction may only be expunged if:\n(a) the offence is an expungable offence; and\n\nPart 2 Expungement process\nExpungement of Historical Homosexual Offence Records Act 2018 4\n(b) the person would not have been charged with the offence but\nfor the fact that the conduct engaged in by the person or\nconstituting the offence was suspected of being, or connected\nto, homosexual activity; and\n(c) the conduct engaged in by the person or constituting the\noffence would not, at the time an application is considered,\nconstitute an offence under the law of the Territory.\n9 Application to expunge records\n(1) A person who was convicted of, or charged with, an expungable\noffence may apply to the Chief Executive Officer for the records of\nthe person's charge or conviction to be expunged.\n(2) An application may be made on behalf of a deceased person by:\n(a) the executor or administrator of the person's estate; or\n(b) the person's surviving spouse or de facto partner; or\n(c) the person's parent, child or sibling; or\n(d) a person who was in a close personal relationship with the\nperson before the person died; or\n(e) a person who was involved in the conduct that was the subject\nof the charge or conviction.\n(3) An application may be made on behalf of a person with impaired\ndecision-making capacity by:\n(a) a guardian appointed for the person under a guardianship\norder; or\n(b) if the Public Guardian is a guardian for the person under the\nGuardianship of Adults Act 2016 – the Public Guardian; or\n(c) an attorney appointed under an enduring power of attorney\n(under Part III of the Powers of Attorney Act 1980); or\n(d) a decision-maker appointed under the Advance Personal\nPlanning Act 2013; or\n(e) the person's spouse or de facto partner; or\n(f) the person's parent, child or sibling; or\n(g) a person who is in a close personal relationship with the\nperson; or\n\nPart 2 Expungement process\nExpungement of Historical Homosexual Offence Records Act 2018 5\n(h) a person who was involved in the conduct that was the subject\nof the charge or conviction.\n(4) The application must be in the approved form and contain the\nfollowing information:\n(a) the full name, date of birth and contact details of the person,\nincluding any difference in that information from the time of the\ncharge or conviction;\n(b) if the application is being made on behalf of another person –\nthe name and contact details of the applicant;\n(c) any particulars of the charge or conviction known to the\napplicant, including:\n(i) a description of the offence; and\n(ii) the date of the charge or conviction; and\n(iii) the place and court (if any) of the charge or conviction;\n(d) a copy of any transcript or sentencing remarks related to the\ncharge or conviction in the possession of the applicant;\n(e) a consent from the applicant authorising:\n(i) the Chief Executive Officer to inquire into the charge or\nconviction; and\n(ii) the disclosure to the Chief Executive Officer of any\ninformation or document relating to the application;\n(f) any other information the applicant considers may help the\nChief Executive Officer determine whether to expunge the\ncharge or conviction.\n(5) For avoidance of doubt, an application may relate to more than one\ncharge or conviction.\n10 Insufficient information\n(1) If an application does not contain the information required under\nsection 9(4), the Chief Executive Officer may, by written notice,\nrequire the applicant to give the Chief Executive Officer that\ninformation within 28 days, or such longer period as is specified in\nthe notice.\n\nPart 2 Expungement process\nExpungement of Historical Homosexual Offence Records Act 2018 6\n(2) An applicant may give the Chief Executive Officer documents or\ninformation required under section 9(4) at any time before the\napplication is determined by the Chief Executive Officer.\n(3) An application that does not include all the information required\nunder section 9(4) may still be considered by the Chief Executive\nOfficer.\n(4) An applicant is taken to have complied with a requirement under\nsubsection (1) to provide information if the applicant satisfies the\nChief Executive Officer that the applicant is unable to comply with\nthe requirement.\n11 Additional information\n(1) The Chief Executive Officer may, by written notice, request the\napplicant to give further information or documents that the Chief\nExecutive Officer considers are reasonably required to determine\nthe application.\n(2) The Chief Executive Officer may give the applicant any information\nor document about the charge or conviction in the Chief Executive\nOfficer's possession or control.\n12 Security of information\n(1) The Chief Executive Officer must ensure that information given to\nan applicant under this Act does not include personal information\nconcerning any person, other than the person who is the subject of\nthe application.\n(2) The Chief Executive Officer may, by written notice, require the\napplicant to verify, by statutory declaration, any information or\ndocument given by the applicant.\n(3) To the extent that a person or body, in good faith, gives information\nor documents to the Chief Executive Officer in response to a\nrequest under section 10, 11 or 14, the person or body, in giving the\ninformation or documents:\n(a) does not incur any civil, professional or criminal liability; and\n(b) cannot be held to have:\n(i) breached any code of professional etiquette or ethics; or\n(ii) departed from any accepted standard of professional\nconduct; or\n(iii) contravened any Act.\n\nPart 2 Expungement process\nExpungement of Historical Homosexual Offence Records Act 2018 7\n13 Withdrawal of application\n(1) An applicant may withdraw the application before the Chief\nExecutive Officer makes a determination on it.\n(2) The Chief Executive Officer may treat an application as having\nbeen withdrawn if the applicant does not comply with a requirement\nto give information under section 10(1) or 11(1).\n(3) The withdrawal of an application does not, in itself, prevent a further\napplication being made in relation to the same person, charge or\nconviction.\n14 Making inquiries\n(1) The Chief Executive Officer must take reasonable steps to inquire\ninto the charge or conviction relevant to an application.\n(2) The Chief Executive Officer may, by written notice, request the\nfollowing persons to give the Chief Executive Officer any\ninformation or document in the person's possession or control that\nis relevant to an application:\n(a) the holder of any information or document relating to charges\nor convictions;\n(b) the Director of Public Prosecutions;\n(c) the registrar of a court;\n(d) the Commissioner of Police;\n(e) a public sector employee;\n(f) any person or body prescribed by regulation.\n(3) The Chief Executive Officer may, in the notice:\n(a) request a particular item of information or document or a class\nof information or documents; and\n(b) specify the manner and form of the requested information or\ndocuments; and\n(c) specify the time for giving them.\n(4) A person given a notice under subsection (1) must take all\nreasonable steps to comply with the notice.\n\nPart 2 Expungement process\nExpungement of Historical Homosexual Offence Records Act 2018 8\n15 Consideration of application\n(1) The Chief Executive Officer must consider an application as soon\nas practicable after it is received to determine whether to expunge\nthe charge or conviction.\n(2) No oral hearing is to be held in connection with the determination of\nan application.\n(3) When considering whether an application meets the criteria\nmentioned in section 8, the Chief Executive Officer must have\nregard to the following:\n(a) whether any person involved in the conduct that was the\nsubject of the charge or conviction did or did not consent to\nthe conduct;\n(b) the ages and respective ages of any persons involved in the\nconduct that was the subject of the charge or conviction;\n(c) any other matter the Chief Executive Officer reasonably\nconsiders relevant in the circumstances.\n16 Proposed refusal\n(1) If the Chief Executive Officer proposes to refuse to expunge a\ncharge or conviction after considering an application, the Chief\nExecutive Officer must give the applicant written notice of the\nproposed refusal.\n(2) The notice of the proposed refusal must include:\n(a) the reasons for the proposed refusal; and\n(b) a copy of any information or document that the Chief\nExecutive Officer is relying on to support the proposed refusal;\nand\n(c) a statement explaining the applicant's right to object to the\nproposed refusal and to give further submissions, information\nand documents in support of the application within 28 days of\nreceiving the notice; and\n(d) a statement explaining the applicant's right to have any\ndetermination reviewed by the Civil and Administrative\nTribunal.\n(3) Within 28 days of receiving the notice mentioned in subsection (1),\nthe applicant may give further submissions, information and\ndocuments to respond to the proposed refusal.\n\nPart 2 Expungement process\nExpungement of Historical Homosexual Offence Records Act 2018 9\n(4) Before making a decision to refuse to expunge a charge or\nconviction, the Chief Executive Officer must consider any further\nsubmissions, information or documents given by the applicant.\n17 Determination of application\n(1) The Chief Executive Officer must approve an application and\nexpunge the charge or conviction if satisfied, on the balance of\nprobabilities, that the application meets the criteria mentioned in\nsection 8.\n(2) The Chief Executive Officer must refuse an application and refuse\nto expunge the charge or conviction if not satisfied, on the balance\nof probabilities, that the application meets the criteria mentioned in\nsection 8.\n(3) The Chief Executive Officer must, as soon as practicable, give\nwritten notice of the determination to:\n(a) the applicant; and\n(b) the holder of any record of the charge or conviction.\n(4) The determination takes effect on the day the notice is given to the\napplicant.\n(5) The notice must include the reasons for the determination.\n18 Subsequent application\nIf an application is refused, no subsequent application may be\nmade in respect of the same charge or conviction unless new and\nrelevant evidence becomes available or there are extenuating\ncircumstances.\n19 Expunging records\n(1) The holder of a record of a charge or conviction who receives\nnotice from the Chief Executive Officer under section 17(3)(b) that\nthe charge or conviction is expunged must, as soon as practicable:\n(a) take all reasonable steps to change the record to show that\nthe charge or conviction is expunged; and\n(b) include a warning in the record that it is an offence to disclose\na charge or conviction that is expunged; and\n(c) include in the record any statement or information prescribed\nby regulation.\n\nPart 2 Expungement process\nExpungement of Historical Homosexual Offence Records Act 2018 10\n(2) The holder of the record must, within 28 days of receiving the\nnotice, advise the Chief Executive Officer, in writing, of:\n(a) the date of compliance with subsection (1); or\n(b) the extent to which and reasons why the holder of the record\nwas unable to comply with subsection (1).\n(3) If the Chief Executive Officer receives advice under\nsubsection (2)(b), the Chief Executive Officer may give the holder of\nthe record written directions on what further steps the holder is\nrequired to take to comply with subsection (1).\n(4) The holder of the record is taken to have complied with\nsubsection (1) if the holder has done all that is reasonably\npracticable to comply with that subsection, including following any\ndirections given by the Chief Executive Officer under\nsubsection (3).\n(5) The Chief Executive Officer must give the applicant written notice\nof:\n(a) the date of compliance with subsection (1); or\n(b) the date for which compliance is to be taken and the extent to\nwhich and reasons why, if any, the holder of the record was\nunable to fully comply with subsection (1).\n(6) A decision to expunge a charge or conviction from records does not\nauthorise the destruction of any information or document.\n20 Effect of expungement\n(1) A person whose charge or conviction is expunged under this Act is\nto be treated in law as if the person had never committed or been\ncharged with, prosecuted for, convicted of or sentenced for the\noffence, as the case may be.\n(2) A reference in an agreement, an arrangement, any other Act or a\nstatutory instrument to a charge or conviction is taken not to include\none expunged under this Act.\n(3) If a person's charge or conviction is expunged:\n(a) it is lawful for the person to claim, on oath or otherwise,\nincluding in a proceeding before any court, tribunal or entity,\nthat the person was not charged with or convicted of the\noffence; and\n\nPart 2 Expungement process\nExpungement of Historical Homosexual Offence Records Act 2018 11\n(b) evidence is not admissible in a proceeding before any court,\ntribunal or entity to prove the person was charged with or\nconvicted of the offence; and\n(c) the person's criminal history no longer includes the charge or\nconviction; and\n(d) the person is not required to disclose information about the\ncharge or conviction; and\n(e) a reference to the person's character, however expressed,\ndoes not require or allow anyone to take the charge or\nconviction into account; and\n(f) the charge or conviction, or non-disclosure of the charge or\nconviction, is not a ground for discriminating against,\nprejudicing or engaging in adverse conduct against the person\nin any way, including in respect of the following matters:\n(i) any appointment, employment, exclusion or dismissal in\nrespect of an office, profession, occupation or\nemployment;\n(ii) any grant, issuance, suspension, refusal or revocation of\nan approval, authorisation, licence, permit or registration;\nand\n(g) the person may, without waiting any minimum period, reapply\nfor any approval, authorisation, licence, permit or registration\nrefused or revoked because of the charge or conviction before\nit was expunged.\n(4) Subsection (3) applies in respect of an indirect reference to an\nexpunged charge or conviction, including a reference to any of the\nfollowing that may have occurred in relation to the expunged charge\nor conviction:\n(a) an arrest;\n(b) an investigation or prosecution;\n(c) an appearance in court;\n(d) a penalty, sentence or incarceration.\n(5) This section has effect despite any other law to the contrary,\nincluding:\n(a) sections 77(4), 79(3) and 135(3) of the Health Practitioner\nRegulation National Law (NT); and\n\nPart 3 Revocation process\nExpungement of Historical Homosexual Offence Records Act 2018 12\n(b) the Criminal Record (Spent Convictions) Act 1992; and\n(c) any other law that allows or requires the disclosure of\ninformation relating to a charge, conviction, criminal record or\ncriminal history.\n21 No entitlement to compensation\nNo person is entitled to compensation of any kind by reason that:\n(a) the person was charged with, or prosecuted for, an\nexpungable offence; or\n(b) the person was found guilty of, convicted of, or sentenced for,\nan expungable offence; or\n(c) the person served a sentence for an expungable offence; or\n(d) the person was required to pay a fine, costs, restitution,\ncompensation or other money on account of being convicted\nof, or sentenced for, an expungable offence; or\n(e) the person has an expunged charge or conviction; or\n(f) a charge or conviction is expunged under this Act; or\n(g) the person incurred any loss, or suffered any consequence, as\na result of an event mentioned in paragraph (a), (b), (c), (d),\n(e) or (f), whether or not that person was the person whose\ncharge or conviction was expunged.\nPart 3 Revocation process\n22 Revoking a determination to expunge\n(1) The Chief Executive Officer may revoke a determination to expunge\na charge or conviction, if satisfied that the determination was made\nbecause of false or misleading information or documents in the\napplication.\n(2) If the Chief Executive Officer proposes to revoke a determination to\nexpunge a charge or conviction, the Chief Executive Officer must\ngive the applicant written notice of the proposed revocation.\n(3) The notice of the proposed revocation must include:\n(a) the reasons for the proposed revocation; and\n\nPart 3 Revocation process\nExpungement of Historical Homosexual Offence Records Act 2018 13\n(b) copies of all information and documents that the Chief\nExecutive Officer is relying on to support the proposed\nrevocation; and\n(c) a statement explaining the applicant's right to object to the\nproposed revocation and to give submissions, information and\ndocuments in support of the objection within 28 days of\nreceiving the notice; and\n(d) a statement explaining the applicant's right to have any\nrevocation reviewed by the Civil and Administrative Tribunal.\n(4) Within 28 days of receiving the notice mentioned in subsection (2),\nthe applicant may give further submissions, information and\ndocuments to respond to the proposed revocation.\n(5) Before making a decision to revoke a determination to expunge a\ncharge or conviction, the Chief Executive Officer must consider any\nsubmissions, information and documents given by the applicant.\n(6) The Chief Executive Officer must, as soon as practicable, give\nwritten notice of the decision on revocation to:\n(a) the applicant; and\n(b) the holder of any record of the charge or conviction.\n(7) The decision takes effect on the day the notice is given to the\napplicant.\n(8) The notice must include the reasons for the decision.\n23 Restoring records\n(1) The holder of a record of a charge or conviction that was expunged\nwho receives notice from the Chief Executive Officer under\nsection 22(6)(b) that the expungement is revoked must, as soon as\npracticable:\n(a) take all reasonable steps to change the record to show that\nthe charge or conviction is no longer expunged; and\n(b) remove from the record the warning previously included under\nsection 19(1)(b); and\n(c) remove from the record any prescribed statement or\ninformation previously included under section 19(1)(c).\n\nPart 4 Offences\nExpungement of Historical Homosexual Offence Records Act 2018 14\n(2) The holder of the record must, within 28 days of receiving the\nnotice, advise the Chief Executive Officer of:\n(a) the date of compliance with subsection (1); or\n(b) the extent to which and reasons why the holder of the record\nwas unable to comply with subsection (1).\n(3) If the Chief Executive Officer receives advice under\nsubsection (2)(b), the Chief Executive Officer may give the holder of\nthe record written directions on what further steps the holder is\nrequired to take to comply with subsection (1).\n(4) The holder of the record is taken to have complied with\nsubsection (1) if the holder has done all that is reasonably\npracticable to comply with that subsection, including following any\ndirections given by the Chief Executive Officer under\nsubsection (3).\n(5) The Chief Executive Officer must give the applicant written notice\nof:\n(a) the date of compliance with subsection (1); or\n(b) the date for which compliance is to be taken and the extent to\nwhich and reasons why, if any, the holder of the record was\nunable to fully comply with subsection (1).\n24 Effect of revocation\nSection 20 does not apply in respect of a person if the\ndetermination to expunge the person's charge or conviction is\nrevoked.\nPart 4 Offences\n25 Unlawful disclosure\n(1) A person commits an offence if:\n(a) the person has access to records of charges or\nconvictions; and\n(b) the person intentionally engages in conduct; and\n\nPart 4 Offences\nExpungement of Historical Homosexual Offence Records Act 2018 15\n(c) the conduct results in the disclosure of information about a\ncharge or conviction expunged under this Act and the person\nis reckless in relation to that result.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n(2) Strict liability applies to subsection (1)(a).\n(3) Subsection (1) does not apply if:\n(a) the disclosure is authorised or required under this Act; or\n(b) the disclosure is necessary for the performance of a function\nor the exercise of a power under this Act; or\n(c) the disclosure is made with the written consent of the person\nwhose charge or conviction was expunged; or\n(d) the information was made available by an archive or library, or\nan authorised officer of an archive or library, in a form\nnormally available for public use and in accordance with the\nnormal procedures of the archive or library; or\n(e) the disclosure is for statistical or research purposes in a form\nthat cannot identify the person whose charge or conviction\nwas expunged.\nNote for subsection (3)\nThe defendant has an evidential burden in relation to the matters mentioned (see\nsection 43BU of the Criminal Code).\n26 Dishonestly obtaining information\n(1) A person commits an offence if:\n(a) the person intentionally obtains information; and\n(b) the information is contained in a record; and\n(c) the information is about a charge or conviction that is\nexpunged; and\n(d) the conduct mentioned in paragraph (a) is dishonest.\nNote for subsection (1)(d)\nSee section 43AGA of the Criminal Code in relation to the meaning of and fault\nelement for dishonest conduct.\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n\nPart 5 Administrative matters\nExpungement of Historical Homosexual Offence Records Act 2018 16\n(2) Absolute liability applies to subsection (1)(b).\n(3) Strict liability applies to subsection (1)(c).\nPart 5 Administrative matters\n27 Prior lawful acts not affected\nNothing in this Act affects anything lawfully done before a charge or\nconviction is expunged.\n28 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith when acting, or purportedly\nacting, in the exercise of a power or performance of a function by\nthe person under this Act.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n29 Powers of Chief Executive Officer\n(1) The Chief Executive Officer has the powers necessary to perform\nthe Chief Executive Officer's functions.\n(2) The Chief Executive Officer may approve forms for this Act.\n(3) The Chief Executive Officer may delegate any of the Chief\nExecutive Officer's powers and functions under this Act to a person.\n30 Review by Northern Territory Civil and Administrative Tribunal\n(1) The Civil and Administrative Tribunal has jurisdiction to review:\n(a) a decision to refuse to expunge a charge or conviction; and\n(b) a decision to revoke a determination to expunge a charge or\nconviction.\n(2) The following persons may apply to the Civil and Administrative\nTribunal for a review of the decision:\n(a) the applicant;\n(b) the person who is the subject of the application, if that person\nis not the applicant.\n\nPart 5 Administrative matters\nExpungement of Historical Homosexual Offence Records Act 2018 17\n(3) Despite section 60 of the Northern Territory Civil and Administrative\nTribunal Act 2014:\n(a) the hearing of the review is closed to the public; and\n(b) the publication of information about proceedings that identifies\nthe person to whom the hearing relates or enables the identity\nof the person to be ascertained is prohibited.\n(4) However, the Civil and Administrative Tribunal may make an order\nauthorising the publication of information that is otherwise\nprohibited under subsection (3), if satisfied that the benefit of\npublication outweighs the interference with the person's privacy.\nNote for section 30\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to the Tribunal for review and other relevant matters in\nrelation to reviews.\n31 Regulations\nThe Administrator may make regulations under this Act.\n\nENDNOTES\nExpungement of Historical Homosexual Offence Records Act 2018 18\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nExpungement of Historical Homosexual Offence Records Act 2018 (Act No. 8, 2018)\nAssent date 23 May 2018\nCommenced 14 November 2018 (Gaz G46, 14 November 2018, p 1)\nCriminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022)\nAssent date 31 October 2022\nCommenced 30 April 2023 (Gaz G8, 13 April 2023, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 4, 9, 20 and 30.\n4 LIST OF AMENDMENTS\ns 26 amd No. 24, 2022, s 25\npt 6 hdg exp No. 8, 2018, s 40\npt 6\ndiv 1 hdg exp No. 8, 2018, s 40\nss 32 – 33 exp No. 8, 2018, s 40\npt 6\ndiv 2 hdg exp No. 8, 2018, s 40\nss 34 – 35 exp No. 8, 2018, s 40\npt 6\ndiv 3 hdg exp No. 8, 2018, s 40\nss 36 – 37 exp No. 8, 2018, s 40\npt 6\ndiv 4 hdg exp No. 8, 2018, s 40\nss 38 – 39 exp No. 8, 2018, s 40\n\nENDNOTES\nExpungement of Historical Homosexual Offence Records Act 2018 19\npt 6\ndiv 5 hdg exp No. 8, 2018, s 40\ns 40 exp No. 8, 2018, s 40","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[{"severity":"medium","section_a":"16(2)(d)","section_b":"30(1)","confidence":0.96,"description":"The proposed-refusal notice must describe a right to review any determination, but the Tribunal is given jurisdiction only over a determination refusing expungement.","source_quotes":["determination means a decision by the Chief Executive Officer whether to expunge a charge or conviction under this Act.","a statement explaining the applicant's right to have any determination reviewed by the Civil and Administrative Tribunal.","The Civil and Administrative Tribunal has jurisdiction to review:\n(a) a decision to refuse to expunge a charge or conviction; and\n(b) a decision to revoke a determination to expunge a charge or conviction."]}]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This version of the Act does not appear to have expanded the scheme's substantive scope beyond the original object of expunging historical homosexual‑related charges and convictions. Amendments noted in the endnotes (for example, a 2022 amendment to section 26 and some formal/interpretative adjustments) are technical or operational in nature (penalty/fault element or drafting changes) and do not broaden the categories of eligible offences, alter the core eligibility criteria (s 8), or create new classes of beneficiaries. The central purpose — an administrative expungement scheme with CEO decision‑making, record‑holder obligations, protections against disclosure, and Tribunal review — remains unchanged."},"complexity_factors":["Relatively short Act: 31 substantive sections (plus endnotes)","A small interpretation section with key defined terms (s 4) but multiple cross‑references to external laws (Criminal Code, Information Act 2002, Health Practitioner Regulation National Law (NT), Criminal Record (Spent Convictions) Act 1992) increasing legal interaction points","Conditional eligibility with three cumulative criteria (s 8) and an open‑ended delegation to regulations for additional expungable offences (s 7(c))","Administrative procedure with multiple procedural steps, timelines and notice obligations (ss 9–19, 22), including 'proposed refusal' and 28‑day response windows (s 16)","Discretion concentrated in the Chief Executive Officer but paired with review rights to the Tribunal and closed hearings (ss 15–17, 22, 30)","Offences with mixed fault elements and liability types (strict/absolute liability references in ss 25–26), requiring attention to Criminal Code fault definitions","Requirements on multiple classes of record holders to update records and report compliance within statutory periods (s 19) and the prohibition on destroying documents (s 19(6))","Revocation mechanisms that re‑open concluded matters if false or misleading information is later discovered (ss 22–24)"],"plain_english_summary":"The Act creates an administrative scheme, run by a Chief Executive Officer, allowing people (or authorised representatives) to apply to have historical charges or convictions related to homosexual activity expunged from Territory records. Successful expungement treats the event as if it never occurred, requires public record‑holders to annotate and protect records, and criminalises unauthorised disclosure or dishonest obtaining of expunged information. Decisions may be reviewed by the Tribunal; the Act does not provide compensation for past harms."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing a scheme to expunge historical homosexual offences. The only amendments visible in the endnotes are minor updates to section 26 (dishonestly obtaining information) and the expiration of transitional provisions in Part 6 that were always intended to be temporary. The core scheme has not expanded beyond its original intent."},"complexity_factors":["Moderate length (31 sections plus endnotes) but highly structured with clear Parts","14 defined terms in section 4, including recursive definitions (e.g., 'applicant' defined differently for revocation contexts)","Multiple overlapping application pathways: deceased persons (5 categories), impaired capacity (8 categories), and living applicants","Cross-references to external legislation: Criminal Code (Part IIAA), Information Act 2002, Guardianship of Adults Act 2016, Powers of Attorney Act 1980, Advance Personal Planning Act 2013, Health Practitioner Regulation National Law, Criminal Record (Spent Convictions) Act 1992, and Northern Territory Civil and Administrative Tribunal Act 2014","Conditional logic in section 8 requiring three cumulative criteria to be met for expungement","Nested procedural requirements: application → information requests → inquiries → proposed refusal notice → submissions → determination → record modification","Exception to the general rule in section 20(5): 'despite any other law to the contrary' clause with specific enumerated overrides","Strict liability and absolute liability offences in Part 4 with evidential burdens noted","Revocation process mirrors expungement process but with different evidentiary threshold (false/misleading information)","Expired transitional provisions (Part 6) visible in endnotes indicating original complexity that has since been removed"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a formal process for people in the Northern Territory to have old criminal records wiped clean for historical offences involving consensual homosexual activity. Before homosexuality was decriminalised, many people were charged or convicted under laws that are now considered unjust. This law allows those people (or their representatives) to apply to have those records **expunged** (permanently removed from official records).\n\n**Who it affects:**\n\n- **Directly:** Anyone who was charged with or convicted of a homosexual offence under old Northern Territory laws (before 1984 under the South Australian Criminal Law Consolidation Act, or before 2004 under the NT Criminal Code).\n- **Representatives:** Family members, partners, executors, or close friends can apply on behalf of someone who has died or who cannot make decisions for themselves.\n- **Government agencies:** Police, courts, the Director of Public Prosecutions, and archives must comply with orders to remove or annotate records.\n\n**How it works:**\n\n1. **Application:** A person (or their representative) applies to the Chief Executive Officer with details of the old charge or conviction.\n2. **Criteria:** The offence must be an \"expungable offence\" (essentially, consensual same-sex activity that is no longer illegal), and the person must have been charged only because the conduct was homosexual in nature.\n3. **Decision:** The Chief Executive Officer investigates and decides whether to approve the application. If refused, the applicant can appeal to the Civil and Administrative Tribunal.\n4. **Effect:** Once expunged, the person is treated legally as if the offence never happened. They don't have to disclose it, it won't appear in police checks, and it can't be used against them in employment or licensing.\n\n**Important limitations:**\n\n- **No compensation:** The law explicitly states nobody can claim money for having been convicted, imprisoned, or fined under these old laws.\n- **Revocation:** If someone lied in their application, the expungement can be reversed.\n- **Privacy protections:** It's a criminal offence (up to 6 months jail) for officials to improperly disclose information about an expunged conviction.\n\n**Why it matters:**\n\nThis is a **historical justice measure**. It recognises that consensual same-sex relationships were wrongly criminalised in the past and removes the ongoing stigma and practical barriers (like employment discrimination) that these old convictions can still cause today."}},"importantCases":[],"_links":{"self":"/api/acts/expungement-of-historical-homosexual-offence-records-act-2018","history":"/api/acts/expungement-of-historical-homosexual-offence-records-act-2018/history","analysis":"/api/acts/expungement-of-historical-homosexual-offence-records-act-2018/analysis","conflicts":"/api/acts/expungement-of-historical-homosexual-offence-records-act-2018/conflicts","importantCases":"/api/acts/expungement-of-historical-homosexual-offence-records-act-2018/important-cases","documents":"/api/acts/expungement-of-historical-homosexual-offence-records-act-2018/documents"}}