{"id":"historical-homosexual-convictions-expungement-regulations-2020","name":"Historical Homosexual Convictions Expungement Regulations 2020","slug":"historical-homosexual-convictions-expungement-regulations-2020","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176847,"registerId":"wa-historical-homosexual-convictions-expungement-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Historical Homosexual Convictions Expungement Regulations 2020","content":"![Crest]()Western Australia\n\nHistorical Homosexual Convictions Expungement Act 2018\n\nHistorical Homosexual Convictions Expungement Regulations 2020\n\nWestern Australia\n\nHistorical Homosexual Convictions Expungement Regulations 2020\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Historical homosexual offence prescribed 1\n\nNotes\n\nCompilation table 2\n\n  \n\nHistorical Homosexual Convictions Expungement Act 2018\n\nHistorical Homosexual Convictions Expungement Regulations 2020\n\n##### 1. Citation\n\n\t\tThese regulations are the *Historical Homosexual Convictions Expungement Regulations 2020*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Historical homosexual offence prescribed\n\nFor the purposes of paragraph (b) of the definition of ***historical homosexual offence*** in section 3(1) of the Act, an offence against the *Police Act 1892* section 54 as in force before 31 May 2005 is prescribed.\n\nNotes\n\nThis is a compilation of the *Historical Homosexual Convictions Expungement Regulations 2020*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Historical Homosexual Convictions Expungement Regulations 2020* | SL 2020/205 23 Oct 2020 | r. 1 and 2: 23 Oct 2020 (see r. 2(a));   Regulations other than r. 1 and 2: 24 Oct 2020 (see r. 2(b)) |\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The regulations perform exactly the function contemplated by the parent Act's regulation-making power. They do not expand beyond the original intent; they simply exercise a specific delegation to add one offence to the prescribed list."},"complexity_factors":["Extremely short: only 3 operative provisions","No defined terms within the regulations themselves (relies on parent Act definitions)","Single, straightforward cross-reference to section 3(1) of the parent Act","No conditional logic, exceptions, or procedural requirements","Performs one simple administrative function: prescribing a single historical offence"],"plain_english_summary":"**What this does:**\nThese regulations add one specific offence to the list of crimes that can be wiped from a person's record under Western Australia's scheme for clearing historical homosexual convictions.\n\n**The specific offence:**\nAn offence against **section 54 of the old *Police Act 1892*** (as it existed before 31 May 2005). This was a law that criminalised certain homosexual acts.\n\n**Who it affects:**\nPeople in Western Australia who were convicted under this specific provision of the old Police Act and want to apply to have that conviction removed (\"expunged\") from their record.\n\n**Why it matters:**\nBefore these regulations, this particular offence wasn't covered by the expungement scheme. The regulations fix that gap, ensuring people convicted under this specific old law can now apply to clear their record like others with similar historical convictions. This helps remove the ongoing stigma and practical barriers (like employment checks) that come with having a criminal record for conduct that is now legal.\n\n**How it works:**\nThe main *Historical Homosexual Convictions Expungement Act 2018* sets up the system for wiping old convictions for homosexual acts that are no longer crimes. Section 3(1) of that Act defines \"historical homosexual offence\" and includes a paragraph (b) that lets regulations add other specific offences to the list. These regulations use that power to add the Police Act offence."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These Regulations do not change the substantive scope of the principal Act. They specify that Police Act 1892 s54 (as in force before 31 May 2005) is included within the Act's definition of 'historical homosexual offence' (reg 3) and set the instrument's commencement timing (reg 2). The Regulations therefore clarify which historical conviction qualifies under the Act but do not expand or reduce the Act's statutory criteria."},"complexity_factors":["Very short instrument: three regulations only (regs 1–3).","Cross-reference to the Act's definition of \"historical homosexual offence\" (s3(1)(b) of the Act) — depends on statutory definition outside these Regulations (reg 3).","Requires checking historical text of Police Act 1892 to interpret 'as in force before 31 May 2005' (reg 3) — possible minor interpretive task for administrators and applicants.","Split commencement dates: regs 1–2 commence on publication day; remainder the next day (reg 2(a)–(b)) — minor timing detail for implementation.","Low discretion and administrative burden in the Regulations themselves; substantive decision-making and procedures remain in the principal Act."],"plain_english_summary":"These Regulations set their start dates and declare that, for the purposes of the Historical Homosexual Convictions Expungement Act 2018, an offence under Police Act 1892 s54 as it stood before 31 May 2005 is a \"historical homosexual offence.\" By prescribing that historical provision and commencing the instrument (regs 1–2: 23–24 Oct 2020), the Regulations allow people with convictions under that specific historical offence to pursue expungement under the Act."},"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was available to assess whether the scope of these regulations changed from the original legislative intent. The title is consistent with the purpose of the parent Act (the Spent Convictions Act 1988 or a dedicated expungement statute), suggesting no obvious scope drift, but this cannot be confirmed without the actual text."},"complexity_factors":["No actual legislative text was retrievable — the source page returned a 'no longer available' error","Assessment is based only on the title and general knowledge of the parent legislative scheme","Regulations of this type are typically procedural and administrative in nature, which would ordinarily make them relatively straightforward","The underlying policy area (expungement of historical convictions) involves interactions between criminal law, privacy law, and administrative processes, adding moderate complexity"],"plain_english_summary":"These regulations set out the process for applying to have historical convictions erased when the offence was homosexual conduct between consenting adults — convictions that arose solely because the conduct was illegal at the time. They affect people (or their families/estates) convicted in Western Australia before decriminalisation.\n\nThis matters because expungement removes stigma and reduces barriers to employment, travel, housing, and other consequences of an old criminal record. (Source page unavailable; summary based on title alone.)"}},"importantCases":[],"_links":{"self":"/api/acts/historical-homosexual-convictions-expungement-regulations-2020","history":"/api/acts/historical-homosexual-convictions-expungement-regulations-2020/history","analysis":"/api/acts/historical-homosexual-convictions-expungement-regulations-2020/analysis","conflicts":"/api/acts/historical-homosexual-convictions-expungement-regulations-2020/conflicts","importantCases":"/api/acts/historical-homosexual-convictions-expungement-regulations-2020/important-cases","documents":"/api/acts/historical-homosexual-convictions-expungement-regulations-2020/documents"}}