469Expungement of charge or conviction

469 Expungement of charge or conviction (1) Any charge or conviction against a person for an offence committed before the end date or alleged to have been committed before the end date when the person was under 12 years of age is expunged. (2) Subject to sections 470 and 471, a person whose charge or conviction is expunged under this section is to be treated in law as if the person had never committed or been charged with, prosecuted for, convicted of or sentenced for the offence, as the case may be. (3) A reference in an agreement, an arrangement, any other Act or a statutory instrument to a charge or conviction is taken not to include one expunged under this section. Criminal Code Act 1983 334 (4) If a person's charge or conviction is expunged under this section: (a) it is lawful for the person to claim, on oath or otherwise, including in a proceeding before any court, tribunal or entity, that the person was not charged with or convicted of the offence; and (b) evidence is not admissible in a proceeding before any court, tribunal or entity to prove the person was charged with or convicted of the offence; and (c) the person's criminal history no longer includes the charge or conviction; and (d) the person is not required to disclose information about the charge or conviction; and (e) a reference to the person's character, however expressed, does not require or allow anyone to take the charge or conviction into account; and (f) the charge or conviction, or non-disclosure of the charge or conviction, is not a ground for discriminating against, prejudicing or engaging in adverse conduct against the person in any way, including in respect of the following matters: (i) any appointment, employment, exclusion or dismissal in respect of an office, profession, occupation or employment; (ii) any grant, issuance, suspension, refusal or revocation of an approval, authorisation, licence, permit or registration; and (g) the person may, without waiting any minimum period, reapply for any approval, authorisation, licence, permit or registration refused or revoked because of the charge or conviction before it was expunged. (5) Subsection (4) applies in respect of an indirect reference to an expunged charge or conviction, including a reference to any of the following that may have occurred in relation to the expunged charge or conviction: (a) an arrest; (b) an investigation or prosecution; (c) an appearance in court; Criminal Code Act 1983 335 (d) a penalty, sentence or incarceration. (6) This section has effect despite any other law to the contrary, including: (a) sections 77(4), 79(3) and 135(3) of the Health Practitioner Regulation National Law (NT); and (b) the Criminal Records (Spent Convictions) Act 1992; and (c) any other law that allows or requires the disclosure of information relating to a charge, conviction, criminal record or criminal history.