This section describes and links the Act’s statutory concepts and their legal effects as defined or used in the Act.

Historical offence (s 3): The Act defines “historical offence” to include (a) homosexual offences, (b) cross‑dressing offences (as amended , see s 3 and the 2025 amendment notes), and (c) related offences (s 3). Each of these categories is further defined. A “homosexual offence” covers sexual or public‑morality offences as they existed at any time that criminalised sexual activity of a homosexual nature (s 3). “Public morality offence” is defined as a non‑sexual offence whose essence is maintenance of public decency or morality and by which homosexual behaviour could be punished (s 3). “Cross‑dressing offence” is defined by reference to a historic provision of the Police Offences Act 1935 and attempt/incitement/abetting of such an offence (s 3). “Related offence” is limited to specified offences under the Police Offences Act 1935 s 34B or provisions with substantially the same effect (s 3, later amendment).

Charge and conviction (s 3): “Charge” includes arrest charges, complaints, court charges and indictments. “Conviction” is a recorded conviction “whether on indictment or summarily” (s 3). For this Act a judicial finding where no conviction is recorded is nevertheless treated as a conviction for the Act’s purposes (s 3(2)).

Applicant, eligible person, eligible recipient (s 3, s 6, s 19A): “Applicant” is the person making an application (s 3). An “eligible person” covers those who can be the subject of an application, including deceased or incapacitated persons (s 3). The Act sets out who may apply when the person charged is deceased or lacks capacity: spouse, adult children, parents, adult siblings, nieces/nephews, legal personal representative or a Secretary‑appointed appropriate representative (s 6(3)-(4)). Part 3A later defines “eligible recipient” for redress payments as a person whose application led to expungement (s 19A).

Data controller (s 3): A data controller is a specified list: Registrar of the Supreme Court, Administrator of the Magistrates Court, Commissioner of Police, and the Director of Public Prosecutions (s 3). The Act imposes duties on data controllers to comply with information requirements and to remove or annotate official records (s 8(8)-(9), s 15).

Official criminal record and secondary electronic record (s 3, s 15): “Official criminal record” includes records kept by courts or State departments/authorities (s 3). The Act separately recognises “secondary electronic records” (amended definition) as duplicates, derivatives or generated records of existing official records regardless of custodian (s 3). The differential treatment in s 15 requires, where possible, erasing or de‑identifying secondary electronic records; if technologically impossible, annotation is permitted (s 15(2)-(2A)).

Expunged charge/conviction and legal effect (ss 12, 15-17): When the Secretary decides to expunge a charge, the charge and any conviction are expunged after a 90‑day waiting period (s 12(6)) subject to review effects (s 12(7)). The Secretary notifies data controllers who must act to erase or annotate records (s 15). Once expunged, the person is not required to disclose information about the expunged charge, the expunged information is treated as not forming part of the official criminal record, and references to convictions or charges are taken not to refer to expunged ones (s 16). There are express non‑use protections for employment, appointments and character assessments (s 16(e)).

Confidentiality and disclosure controls (ss 13, 17-19): The Act imposes a general confidentiality obligation in s 13 with a 50 penalty‑unit fine, subject to authorisations for Act purposes and standard legal exceptions (s 13(2)-(3)). Section 17 prohibits persons with access to official records from disclosing expunged‑charge information without consent or Secretary authorisation, with exceptions for archives, the Department notifying data controllers, and disclosure by the Commissioner of Police to national police sharing systems such as the ACC’s National Police Reference System (s 17(2)(a)-(c)). The Act criminalises fraudulent or dishonest obtaining of expunged information (s 19).

Investigative and procedural standards (ss 8-12): The Secretary has broad factual enquiry powers (s 8(1)), may require documents and answers from persons (s 8(8)), and must notify applicants of records obtained within 42 days (s 9(2)). Importantly, the Secretary must not conduct oral hearings (s 8(2)) and may refuse to consider an application if an applicant fails to comply with a valid information notice (s 8(4)-(5)). For homosexual offences the Secretary must be satisfied on reasonable grounds that the charge was made because the person was suspected of engaging in homosexual conduct and that the conduct, if committed today, would not be an offence (s 10(1)(b)(i)-(ii)). Where consent is in issue, s 10(3) restricts the Secretary to written evidence from official records or persons involved, and only in limited circumstances from other persons with knowledge.

Review and remedies (s 21): Decisions to expunge, refuse expungement and determinations that expungement has ceased are reviewable by an “interested person” at the Tasmanian Civil and Administrative Tribunal (s 21(1)-(3)). The Act defines who is an interested person and mandates that Tribunal reviews be held in private (s 21(3)-(4)). The Act preserves the royal prerogative of mercy and denies compensation except as provided under the Act (s 23, s 22).

Redress payment scheme (Part 3A: ss 19A-19G): Inserted by 2025 amendments, Part 3A creates automatic entitlements to monetary redress once expungement is achieved for eligible recipients (s 19B). Amounts are tiered according to whether the eligible recipient was convicted and whether court‑imposed sanctions applied (s 19C(2)): fixed amounts pre‑30 June 2026 ($15,000; $45,000; $75,000) and CPI‑indexed amounts thereafter (s 19C(3)-(4)). The Act treats ex gratia State payments as offsets (s 19D), allows recovery where expungement ceases due to materially false information (s 19E), provides mechanisms to vary incorrect payments and recover overpayments or make additional payments (s 19F), and permits instalment arrangements or write‑offs (s 19G).

Administrative and cross‑statutory features: The Act binds the Crown (s 4), prevails over inconsistent Acts (s 5), protects the integrity of records (s 24), allows information‑sharing for Act purposes notwithstanding the Personal Information Protection Act (s 28), and contains an RTI exemption for information in the possession of relevant persons for the purposes of the Act (s 28A). The Secretary must report annually and is initially assigned administration of the Act to the Minister for Justice and Department of Justice until administrative arrangements change (s 30, s 33).

These concepts establish: who may apply, what is in scope, how the Secretary must decide, what data controllers must do, the legal consequences of expungement, the confidentiality and disclosure perimeter, and a new financial redress framework with defined entitlements, offsets and recovery mechanisms.

The Act creates identifiable categories of persons and bodies that carry rights or duties, and that will experience compliance costs, procedural burdens, or benefits. The statutory actors and affected groups, as defined or invoked in the Act, include the following.

Applicants and eligible persons (s 3, s 6, s 7): Any person who has been charged with a historical offence may apply to the Secretary for expungement (s 6(2)). Where the charged person is deceased or lacks legal capacity, the Act prescribes a priority list of persons who may apply on that person’s behalf: an available spouse (including a person in a significant relationship), adult child, parent, adult sibling, niece or nephew, the legal personal representative, or an appropriate representative appointed by the Secretary (s 6(3)-(4)). The application must include specified particulars (s 7(1)) and consent for the Secretary to check criminal history and relevant information (s 7(2)). Persons who made the application are the primary beneficiaries of an expungement and, since the 2025 amendments, may be eligible recipients of redress payments if charges are expunged (s 19A-19B).

Persons associated with the conduct (s 7(1)(c), s 8(6), s 10(3)): Individuals who were involved in the conduct constituting the historical offence are often relevant to evidentiary issues such as consent and age (s 10(2)-(3)). The Secretary must give each person whom the Secretary believes to have been involved a reasonable opportunity to make a submission (s 8(6)). Those persons may therefore be consultees and are deemed “interested persons” for review purposes if they made submissions (s 21(3)(a)(i)).

Data controllers and record holders (s 3, s 8(9), s 15): The Registrar of the Supreme Court, Administrator of the Magistrates Court, Commissioner of Police, and the Director of Public Prosecutions are specified “data controllers” (s 3). These entities must comply with Secretary notices to provide official criminal records (s 8(9)), and, upon notification of expungement, must act within prescribed timeframes to erase, de‑identify or annotate records and report actions back to the Secretary (s 15(1)-(3)). Other public bodies holding official criminal records (State departments and authorities) are also affected by the statutory removal/annotation obligations (s 3, s 15).

The Secretary and Departmental officers (ss 6-12, 15, 30): The Secretary administers intake, investigation and decision‑making functions under the Act. The Secretary has investigative powers (s 8), must notify applicants and data controllers of decisions and timings (s 9, s 12, s 15), may determine appropriate representatives for incapacitated or deceased persons (s 6(4)), and must prepare annual reports and assist the Minister’s review functions (s 30, s 32). The Secretary may delegate functions other than the power of delegation (s 27), and the regulations may make the Secretary the approving body for forms and procedures (s 6(5)(a), s 31(4)).

Police and national policing systems (s 3, s 17(2)(c), s 10(1A)(a)): The Commissioner of Police is a data controller and also must provide advice to the Secretary in relation to related offences before expungement of such offences (s 10(1A)(a)). The Commissioner may disclose the fact of an expungement to the Australian Crime Commission or its successor for incorporation into the National Police Reference System, or any system that replaces it (s 17(2)(c)). The ACC as defined in s 3 appears where national police information sharing is involved.

Researchers and archives (s 18, s 17(2)(a)): Researchers seeking access to expunged records for sentencing, criminal justice or related research may apply to the Secretary; the Secretary must notify the person whose charge was expunged and secure consent where possible, and can grant access subject to conditions to avoid identifying third parties (s 18). Archives and libraries that make material normally available to the public are expressly excepted from the s 17 non‑disclosure prohibition (s 17(2)(a)).

Interested persons and review applicants (s 21): Persons who made submissions under s 8(6) and data controllers holding relevant records are “interested persons” for decisions to expunge; applicants are interested persons for refusals to expunge; and the applicant is an interested person for determinations that expungement has ceased (s 21(3)). Such persons have standing to apply to the Tasmanian Civil and Administrative Tribunal for review of reviewable decisions (s 21(2)).

Employers, regulators and decision‑makers who rely on criminal history (s 16): The Act gives persons whose charges have been expunged statutory protection against disclosure of expunged information and against adverse decisions based on expunged information (s 16). Practically, employers, registration bodies and tribunals that ask about criminal history must treat expunged convictions or charges as non‑existent for their statutory or contractual purposes (s 16(d)-(e)), subject to limited exceptions in the Act.

Persons or bodies required to provide information under the Act (s 8): Any person may be required to answer specified questions or provide documents relevant to an application except the applicant (s 8(8)). Failing to comply without reasonable excuse attracts a penalty of up to 10 penalty units (s 8(10)).

Persons affected by the redress scheme (Part 3A): Persons who are eligible recipients under s 19A and whose charges become expunged are entitled to redress payments (s 19B), subject to exclusions such as where at the time of the application the eligible recipient was deceased (s 19B(3)). The State is the payer, but redress amounts may be adjusted, offset by ex gratia payments, and recovered if expungement is later set aside because the original application contained material falsehoods (s 19C-19E).

Legal practitioners and tribunals (s 13(3)(c), s 21): Legal practitioners appear as recipients of confidential information where necessary for legal advice or representation (s 13(3)(c)). The Tasmanian Civil and Administrative Tribunal hears reviews in private and treats applicants as parties to review proceedings (s 21(4)-(5)).

Finally, the Crown and public administration are affected as the Act binds the Crown (s 4), the Act prevails over inconsistent legislation (s 5), and information sharing for Act‑related purposes is carved out from privacy legislation (s 28) and from the Right to Information Act in certain circumstances (s 28A). The Secretary must publish annual redress amounts for future financial years on the Department’s website if CPI indexing applies (s 19C(4)).

In short, the Act affects a mix of private individuals (applicants, third parties to offences), institutional record holders and law enforcement (data controllers, Commissioner of Police, ACC), researchers, employers and regulators, and the Department and Secretary who administer the regime.

This section enumerates the statutory duties the Act imposes and the rights it confers, with the relevant provisions cited.

Primary rights conferred

• Right to apply for expungement: Any person charged with a historical offence may apply to the Secretary for expungement (s 6(2)). Where the person is deceased or lacks capacity, a hierarchy of relatives, personal representative, or an appropriate representative may apply (s 6(3)-(4)).
• Right to be informed and to respond: If the Secretary intends to refuse to expunge a charge, the Secretary must inform the applicant in writing of that intention and the reasons, provide relevant records (subject to personal‑information limits), and give the applicant 28 days to submit further material (s 12(3)). Where the Secretary obtains records in relation to an application, the Secretary must give the applicant a copy of the record (except personal information about other persons) within 42 days and delay determination for at least 28 days after giving the applicant the copy (s 9(2)).
• Rights to review: Decisions to expunge or to refuse to expunge, and determinations that expungement has ceased, are reviewable by an interested person at the Tasmanian Civil and Administrative Tribunal (s 21(1)-(2)). Applicants are taken to be parties to review proceedings (s 21(5)).
• Right to confidentiality and non‑disclosure of expunged information: Once a charge is expunged, the person is not required to disclose information about the expunged charge; the information is not part of the official criminal record and must not be used in character assessments or for refusing appointments (s 16). Persons with access to official criminal records are prohibited from disclosing expunged information except as authorised (s 17(1)).
• Right to redress payments (subject to Part 3A): The Secretary must make a redress payment to an eligible recipient whose charges are expunged (s 19B(2)), subject to the eligibility rules in s 19A and the exclusions of s 19B(3).

Principal duties imposed

• Secretary’s procedural duties: The Secretary must determine applications as soon as practicable (s 12(1)), must notify applicants and persons who made submissions of decisions and rights of review (s 12(4)(a)-(b)), and must notify data controllers of expungement decisions (s 12(5)). The Secretary must also, as soon as possible after charges have been expunged, notify any relevant data controller of the expungement so the controllers can act under s 15 (s 15(1)).
• Investigatory and compulsory powers: The Secretary may take reasonable steps and inquiries in considering applications and may serve written notices to require additional information and documents from applicants and other persons (s 8(1), s 8(3), s 8(8)). If an applicant fails to comply with a requirement for information, the Secretary may refuse to consider the application further, after giving the applicant reasonable opportunity to respond (s 8(4)-(5)).
• Data controller obligations on receipt of notification: Upon notification of an expungement, a data controller must, within 28 days, erase or remove secondary electronic records identifying the expunged matter, or remove identifying information or links, or alternatively annotate other official records to state they contain information about an expunged charge and that disclosure is an offence (s 15(2)(a)-(b)). If technological limitations prevent erasure of secondary electronic records, annotation is permitted (s 15(2A)). Data controllers must notify the Secretary of action taken (s 15(3)).
• Confidentiality duties: Persons must not record, disclose or communicate information relating to an application acquired for Act purposes, except where necessary for Act purposes, with consent, to courts, to legal practitioners, or as authorised under this or other Acts (s 13(1)-(3)). Breach carries a fine not exceeding 50 penalty units (s 13(1)).
• Non‑disclosure obligations for record holders: Persons with access to official criminal records must not disclose expunged information without consent or Secretary authorisation, subject to specified exceptions (s 17(1)-(2)). Offence carries up to 50 penalty units (s 17(1)).
• Duties related to researcher access: The Secretary must notify the person whose charge was expunged when a researcher applies to access expunged information, give them a copy of the research application as it relates to the person, and may only grant authorisation if consent is provided or reasonable effort to obtain consent fails (s 18(2)-(3)). Authorisations may be conditional and must not identify third parties (s 18(4)-(5)).

Timeframes and staged effects

• Records disclosure timeline: The Secretary must give the applicant a copy of any obtained record within 42 days of obtaining it, and must not proceed to determine the application until at least 28 days after giving that copy (s 9(2)).
• Decision notification: The Secretary must give satisfaction notices to applicants and persons who made submissions within 28 days after making a determination (s 12(4)).
• Expungement effective date: On expungement, the charge and any conviction are expunged at the expiration of 90 days after the Secretary’s decision, but any review filed by an interested person during that 90 days freezes the expungement until all reviews are determined (s 12(6)-(7)).
• Data controller compliance: Data controllers must take action under s 15 within 28 days of being notified by the Secretary (s 15(2)).

Penalties and recovery rights

• Offences and penalties: The Act sets monetary penalties for non‑compliance with information notices (s 8(10) , 10 penalty units), confidentiality breaches and unauthorised disclosure (s 13(1), s 17(1) , 50 penalty units), fraudulent obtaining of expunged information (s 19 , 50 penalty units) and providing false or misleading information under the Act (s 26 , 30 penalty units).
• Redress recovery: If expungement ceases because the application included false or misleading information in a material particular, the Secretary may require repayment of redress in whole or part as a debt to the Crown (s 19E(1)-(2)). The Secretary can vary and recover incorrectly calculated redress under s 19F.

Interaction rights

• Exceptions for legal process and research: Confidentiality and non‑disclosure duties contain specific process exceptions allowing disclosure to courts, legal practitioners, and for Act purposes (s 13(3), s 17(3)), and a controlled researcher access route exists (s 18).
• Right to a private review: Reviews by the Tribunal are to be private (s 21(4)), which affects the transparency of judicial scrutiny and public access.

Delegations and subsidiary rights

• Delegation: The Secretary may delegate functions under the Act, other than the power of delegation itself (s 27). Regulations may allow matters to be determined by the Secretary (s 31(4)), and the Governor may make regulations imposing offences or penalties (s 31(3)).

In essence, the Act confers a right to administrative expungement and in the amended scheme a right to monetary redress, and imposes duties on the Secretary, data controllers and record holders to investigate, protect confidentiality, adjust records, and pay or recover redress, all within prescribed timeframes and with specified penalties for non‑compliance.

The Act creates a mix of civil‑style administrative enforcement measures, criminalised behaviours with monetary penalties, regulatory infringement‑notice mechanisms, and debt recovery powers for the redress scheme. The main enforcement features are as follows.

Statutory offences and penalty units

• Failure to comply with a Secretary’s written notice to provide information or documents (s 8(8)) is an offence attracting a penalty of a fine not exceeding 10 penalty units (s 8(10)). This targets persons other than applicants who are compellable sources of information.
• Unauthorised recording or disclosure of information acquired for the purposes of the Act carries a penalty of up to 50 penalty units (s 13(1)). The obligation is broad and the exceptions are narrowly framed to Act purposes, consent, courts, orders and legal practitioners (s 13(2)-(3)).
• Persons with access to official criminal records who directly or indirectly disclose information about another person’s expunged charge or conviction without authorisation face a fine of up to 50 penalty units (s 17(1)). Defences include honest belief of lawful authority, belief the matter was not expunged, or belief that the applicant had consented (s 17(5)).
• Fraudulently or dishonestly obtaining information about another person’s expunged charge or conviction from an official criminal record is an offence carrying up to 50 penalty units (s 19).
• Providing false or misleading information, omitting material matters to make a statement false or misleading, or knowingly providing a false or misleading document under the Act is an offence with a penalty of up to 30 penalty units (s 26). This provision is central to the integrity and recoverability rules for redress (s 19E, s 19F).

Administrative enforcement, notices and compliance

• The Secretary may issue written notices for documentary or informational compliance (s 8(3), s 8(8)). Non‑compliance risks the refusal by the Secretary to consider an application further (s 8(4)-(5)). The refusal process itself triggers procedural protections: notice, opportunity to make submissions and consideration of those submissions (s 8(5)).
• The Secretary is obliged to notify data controllers of expungements (s 12(5), s 15(1)). Data controllers must act within 28 days to erase, remove identifiers, or annotate records and to notify the Secretary of actions taken (s 15(2)-(3)). Failure to do so could potentially expose data controllers to administrative consequences under the Act or to secondary regulatory exposure under other applicable records rules; the Act itself implements a mandatory timetable and a statutory duty.

Infringement notices and regulations

• The Secretary may issue infringement notices for offences prescribed by regulation as infringement offences (s 29(2)). The content and format of infringement notices must comply with the Monetary Penalties Enforcement Act 2005 (s 29(4)). The regulations may prescribe penalties for infringement notices and may differentiate between bodies corporate and individuals (s 29(5)).
• The Governor may make regulations under s 31 that create offences and set penalties up to 50 penalty units, and continuing fines for ongoing contraventions (s 31(3)). Regulations could therefore expand or refine the enforcement toolkit.

Redress enforcement and recovery

• Part 3A provides that the Secretary must make redress payments to eligible recipients (s 19B-19C). If expungement ceases because the original application included false or misleading material in a material particular, the Secretary may determine that redress paid must be repaid and that amount becomes a debt due and payable to the Crown (s 19E(1)-(2)). The Secretary may recover variation amounts where a redress payment was incorrectly calculated (s 19F(2)-(3)).
• The Secretary has discretion to enter into instalment arrangements for repayment or to write off part or all of a liability where recovery is impracticable or unwarranted (s 19G(1)-(2)). These provisions provide administrative flexibility on enforcement of recovery and debts.

Procedural enforcement mechanisms

• The 90‑day buffer after an expungement decision (s 12(6)) and the cascade that halts the effect of expungement if an interested person applies for review within that 90 days (s 12(7)) operate as procedural enforcement gates. Interested persons (including data controllers and persons who submitted under s 8(6)) may defend the existing record entries by seeking Tribunal review (s 21). Reviews before the Tasmanian Civil and Administrative Tribunal are to be held in private (s 21(4)), which may limit public scrutiny of enforcement outcomes.
• The Secretary’s ability to demand records and compel answers from persons and data controllers (s 8(8)-(9)) is central to the Secretary’s investigative enforcement capacity. Practical enforcement of obligations to erase or annotate records rests with the data controllers themselves and on the Secretary to supervise compliance and receive notifications (s 15(3)).

Limitations, defences and cross‑cutting protections

• The Act provides defences for good faith providers of information to the Secretary who may otherwise be exposed to civil or professional liability for disclosing information for Act purposes (s 8(11)). This reduces barriers for record holders to comply and supports enforcement by the Secretary.
• The defence to unauthorised disclosure under s 17(5) for honest beliefs about authority, non‑expungement or consent provides a potential evidentiary basis to resist criminal liability where a discloser acted in apparent compliance without wilful misconduct.

Administrative reporting and oversight

• The Secretary must prepare an annual report on the Act’s administration (s 30), and the Minister must cause an independent review of the Act within six months after the second anniversary of commencement (s 32). These reporting and review duties enable parliamentary and public oversight of how enforcement powers and penalties are exercised.

In synthesis, the Act uses a mix of coercive information‑gathering powers, statutory duties on data controllers with tight timeframes, monetary penalties for disclosure and falsehoods, and debt recovery powers for recouping redress where expungement is later revoked. The Secretary is the central enforcement actor with administrative flexibility for instalments and write‑offs, while the Tribunal provides a private review forum for interested persons to challenge decisions.

The Act is closely interwoven with other Tasmanian and Commonwealth statutes. The statute itself incorporates, modifies and sets priorities vis‑à‑vis other legislation in several specified ways.

Express cross‑references and embedded definitions

• Police Offences Act 1935: The Act defines “cross‑dressing offence” by reference to s 8(1)(d) of the Police Offences Act 1935 as in force before 12 April 2001 (s 3). It also identifies “related offence” with reference to s 34B of that Act or provisions with substantially the same effect (s 3). Those cross‑references determine which historic police offences are captured by the expungement regime.
• Personal Information Protection Act 2004: The Act adopts the definition of “personal information” as in the Personal Information Protection Act 2004 (s 3), and separately provides that personal information custodians are not taken to contravene that Act by collecting, using or disclosing personal information for the purposes of this Act (s 28). This creates a narrow statutory carve‑out allowing necessary information flows for expungement without triggering privacy offences.
• Justices Act 1959, Magistrates Court Act 1987, Director of Public Prosecutions Act 1973: The Act uses these Acts to define the types of charge (complaint under the Justices Act), to name specific data controllers (administrator of the Magistrates Court, Registrar of the Supreme Court, Director of Public Prosecutions) and to anchor institutional responsibilities (s 3).

Priority of the Act and the Crown

• Section 5 provides that if any provision of this Act is inconsistent with another Act, this Act prevails to the extent of the inconsistency (s 5). Section 4 confirms the Act binds the Crown in right of Tasmania and, so far as Parliament’s legislative power permits, in other capacities (s 4). These provisions establish the Act’s primacy in the Tasmanian statutory hierarchy for matters within its field.

Right to Information and secrecy provisions

• The Act inserts a targeted Right to Information exemption. Section 28A provides that the Right to Information Act 2009 does not apply to information in the possession of a “relevant person” for the purposes of this Act unless the information relates to the administration of a public authority within the meaning of that Act (s 28A). “Relevant person” includes the Secretary, data controllers and persons engaged in the administration of the Act, among others. This narrows RTI access to Act‑related materials and prioritises confidentiality for handling expungement material.
• The Act’s confidentiality provision (s 13) and the prohibition on disclosure of expunged records (s 17) operate despite specific provisions in other Acts. The Act expressly states that s 17 has effect despite sections 77(4), 79(3) and 135(3) of the Health Practitioner Regulation National Law (Tasmania) (s 17(6)). This ensures that the non‑disclosure protections apply even in the healthcare regulation context, although the Act does allow particular exceptions.

National policing information sharing

• The Act permits the Commissioner of Police to disclose to the Australian Crime Commission or its successor the fact that a charge or conviction has become an expunged charge or expunged conviction for incorporation into the National Police Reference System or any replacement system (s 17(2)(c)). The Act defines ACC and contemplates substitution by any successor body carrying out substantially similar national policing information functions (s 3). Thus, expungement is communicated to national police information systems, and the Act calibrates an exception to its non‑disclosure rule for that purpose.

Administrative Arrangements and the Secretary’s delegated role

• Until an Administrative Arrangements Order allocates responsibilities under s 4 of the Administrative Arrangements Act 1990, administration of the Act is assigned to the Minister for Justice and the Department of Justice (s 33). This ties the Act into existing administrative frameworks and departmental responsibilities.

Monetary penalties and enforcement integration

• Infringement notices under s 29 must be in accordance with s 14 of the Monetary Penalties Enforcement Act 2005 (s 29(4)). Regulations made under s 31 may prescribe infringement offences and penalties. This integrates the Act’s enforcement into the State’s monetary penalties enforcement architecture.

Records integrity and archival law

• Section 24 protects the integrity of official criminal records by stating that nothing in the Act authorises or requires the destruction, culling or editing of paper documents containing official criminal records, subject to s 15(2). This must be read together with archival obligations and records‑management law. The Act therefore imposes a specific deletion or annotation obligation for electronic secondary records and annotations for other records, while preserving the broader archival and records integrity obligations that apply to official documents.

Compensation and prerogative

• Section 22 denies entitlement to compensation except as provided under the Act. This limits tortious or other statutory compensation claims for matters resulting from historical offences being expunged, and interacts with other compensation frameworks. Section 23 expressly preserves the royal prerogative of mercy.

Evidence and legal proceedings

• Section 13(3)(a)-(d) allows disclosure of information acquired under this Act to courts or tribunals in the course of legal proceedings, under court order, or to legal practitioners for legal advice or representation. Section 16 provides that an expunged person is not required to disclose expunged information when giving evidence under oath. The Act therefore modifies evidentiary expectations in a limited way for the benefit of persons whose records are expunged.

Regulatory interplays created by the redress scheme

• Part 3A’s redress payments can be reduced by ex gratia payments made by the State (s 19D) and are recoverable if the expungement ceases due to materially false or misleading information (s 19E). These provisions interact with public finance and debt recovery law and place the State both as payer and capable recoverer of mistaken or fraudulent payments.

In summary, the Act is designed to sit alongside and in some cases override or qualify other Tasmanian and Commonwealth regulatory regimes: it creates carve‑outs from privacy laws for Act purposes, limits RTI access to Act‑held information in many cases, integrates with national policing databases, imposes specific record alteration duties while preserving document integrity obligations, and links the redress scheme to public finance recovery mechanisms. Practitioners should read the cross‑references carefully when advising on overlap with privacy, RTI, archival, policing and health practitioner regulation matters.

The source text shows the Act has been amended, notably in 2025. The schedule annotations in the text identify amendments by their Act numbers and applied dates. The following summarises the amendment material as recorded in the provided text, with section references.

2025 amendments by No. 21 of 2025 (applied 27 November 2025) , multiple insertions and substitutions

• Section 3: Multiple subsections were amended by No. 21 of 2025, s 4 (applied 27 Nov 2025). The amendments affected the definitions block, including adding cross‑dressing offence as an express category, introducing the “related offence” definition, modifying the definition of “personal information” to mirror the Personal Information Protection Act 2004, and introducing the definition of “secondary electronic record” (s 3; annotated in line with the text as “[Section 3 Subsection (1) amended by No. 21 of 2025, s. 4, Applied:27 Nov 2025]”). These changes broaden the Act’s design to capture additional historic offences and to deal specifically with electronic duplications of records.
• Section 9: Subsection (1) was amended by No. 21 of 2025, s 5 (applied 27 Nov 2025). The amendment clarified the meaning of “record” in relation to an application.
• Section 10: Subsections were amended and an additional subsection (1A) inserted by No. 21 of 2025, s 6 (applied 27 Nov 2025). These amendments added procedural protections and an advice requirement from the Commissioner of Police before expunging related offences, and tightened evidentiary pathways for proving consent issues (s 10(1A), s 10(3) amendment annotation).
• Section 12: Subsection (3) was amended by No. 21 of 2025, s 7 (applied 27 Nov 2025) to require the Secretary to provide a copy of any relevant records, subject to personal‑information carve‑outs, when informing the applicant of an intention to refuse expungement.
• Section 15: Subsection (2) was substituted and subsection (2A) inserted by No. 21 of 2025, s 8 (applied 27 Nov 2025). The substitution and insertion implemented specific duties on data controllers to erase, remove identifiers or de‑link secondary electronic records within 28 days or else annotate entries, and to permit annotation where technological constraints prevent erasure (s 15(2)-(2A)). Section 15(3) was likewise altered to require notification to the Secretary of actions taken.
• Part 3A (ss 19A-19G) was inserted by No. 21 of 2025, s 9 (applied 27 Nov 2025). This is a substantive amendment adding a redress payments regime: defining “eligible recipient” (s 19A), mandating redress payments and their timings (s 19B), setting amounts and indexing methodology (s 19C), providing for ex gratia offsets (s 19D), permitting cessation and recovery where expungement is invalidated (s 19E), allowing variation and recovery of incorrectly paid redress (s 19F), and permitting payment arrangements and write‑offs (s 19G).
• Section 22: Subsection language was amended by No. 21 of 2025, s 10 (applied 27 Nov 2025). The amendment clarifies that, other than as provided under the Act, no entitlement to compensation arises from expungement (s 22 annotation).
• Section 28A: This section was inserted by No. 21 of 2025, s 11 (applied 27 Nov 2025), creating an RTI exemption for information in possession of “relevant persons” for the purposes of the Act unless the information relates to the administration of a public authority within the Right to Information Act 2009 (s 28A).

2025 amendments by No. 7 of 2025 (applied 1 July 2025)

• Section 21: Subsections were substituted by No. 7 of 2025, s 98 (applied 1 Jul 2025) to change the review architecture. The new s 21(2) confirms that review of reviewable decisions made by the Secretary or a delegate is to the Tasmanian Civil and Administrative Tribunal. New subsections (4) and (5) require reviews by the Tribunal to be held in private and treat the applicant as a party to review proceedings (s 21(4)-(5)). These amendments alter the process and privacy settings for judicial review of administrative decisions.

Other drafting and commencement notes

• The Act’s short title and commencement provisions remain as originally drafted: “Expungement of Historical Offences Act 2017” with commencement on a day to be proclaimed (s 1-2).
• The schedule (Schedule 1) refers to consequential amendments, including to the Anti‑Discrimination Act 1998 (Schedule 1), though the body text provided does not elaborate the Schedule content beyond the cross‑reference (Schedule 1 heading present).
• Administrative provisions are retained, including assignment of the Act’s administration to the Minister for Justice and the Department of Justice until Administrative Arrangements Orders define otherwise (s 33).

Scope and sequencing

• The inserted Part 3A explicitly applies regardless of whether expungement occurred before or after its commencement (s 19B(1)), but excludes eligible recipients who were deceased at the time of their application (s 19B(3)).
• The redress amounts contain transitional provisions: fixed amounts for expungements before 30 June 2026, and CPI‑indexed amounts for subsequent financial years (s 19C(2)-(3)). The Department must publish indexed amounts for subsequent years prior to their commencement (s 19C(4)).

The amendments change the Act from a purely record‑cleansing and confidentiality statute to one that includes monetary compensation (redress), detailed electronic record handling obligations, and restricted public access to administrative reviews. Practitioners should note the applied dates annotated in the text (1 July 2025 and 27 November 2025) and confirm current in‑force dates in official consolidated versions before advising.

The provided text contains no reported case law, no citations to judicial decisions, and no references to litigation arising under the Act. The Act itself, however, builds statutory pathways that create potential future litigation channels and identifiable procedural bottlenecks likely to generate disputes, as follows.

Statutory basis for review

• The Act designates reviewable decisions and expressly provides for review by the Tasmanian Civil and Administrative Tribunal (TCAT) for reviewable decisions made by the Secretary or a delegate (s 21(1)-(2)). This creates a statutory right of administrative review, and TCAT’s private hearings (s 21(4)) will be the forum for any judicial challenges under the Act. Because the Act provides a statutory right of review, primary litigation under the Act will be administrative review proceedings in TCAT, rather than common law writs, insofar as TCAT is the designated internal tribunal.

Potential issues that could generate litigation

• Interpretation of “historical offence” and related definitions: Questions about whether a particular past offence qualifies as a homosexual offence, cross‑dressing offence, or related offence may produce disputes requiring interpretation of s 3 and its cross‑references to historic provisions of the Police Offences Act 1935 and other Acts. The Secretary’s duty to be satisfied on reasonable grounds under s 10(1)-(1A) could generate challenges to the sufficiency of evidence or to the standard of proof applied.
• Procedural fairness and evidence: The Act forbids oral hearings (s 8(2)) yet requires reasonable opportunities to make submissions to persons identified as being involved in the conduct (s 8(6)). Disagreements about the adequacy of notification, the reasonableness of inquiries, or the Secretary’s handling of submissions and evidence may be litigated in TCAT.
• Data controller compliance and technical feasibility: The Act requires data controllers to erase or de‑identify secondary electronic records where possible and to annotate other records (s 15(2)-(2A)). Disputes may arise if data controllers claim technological limitations beyond those contemplated by the Act, or if the Secretary determines inadequate compliance. Litigation could involve review of administrative decisions and technical evidence about record systems.
• Confidentiality breaches and disclosure: Enforcement actions or prosecutions for unauthorised disclosure, fraudulent obtaining of information, or other offences could lead to criminal prosecutions. Defences such as honest belief in lawful authority under s 17(5) or the s 8(11) protection for good faith providers may be raised.
• Redress recovery: Part 3A’s provisions allowing recovery of redress where expungement is set aside for false or misleading material (s 19E) or where redress was incorrectly calculated (s 19F) create financial recoveries that could be contested in administrative and civil enforcement contexts. Questions about materiality, causation of the expungement decision, and calculation of varied amounts are likely to be litigious.
• Interaction with other statutory regimes: Where an applicant’s expunged record interacts with professional regulation, registration decisions, or employer conduct, disputes may arise about whether an employer or regulator lawfully relied on non‑expunged materials, the scope of s 16 non‑use protections, and the interface with other statutory duties to disclose in specified occupations.

Existing procedural features relevant to litigation

• Reviews before TCAT are to be held in private (s 21(4)), and the applicant is a party to reviews of expungement decisions (s 21(5)). This confidentiality may limit publicly available litigation precedents for the Act and means decisions may not be readily accessible to inform practice. However, internal TCAT decisions and any subsequent appeals could establish interpretive authority over time.
• The Act’s explicit preservation of the royal prerogative of mercy (s 23) and denial of compensation except as provided in the Act (s 22) will shape remedies available to litigants: monetary remedies outside the redress scheme may be restricted.

Because the source text does not list any cases, this section cannot cite judicial decisions. Practitioners should monitor TCAT dockets for early test cases on (a) the interpretation of historical offence categories, (b) evidentiary standards under s 10, (c) data‑controller compliance with electronic deletion and annotation obligations under s 15, and (d) redress recovery under Part 3A. Those areas are the most likely to generate litigation as the regime is implemented.

This section lists concrete, source‑grounded practical traps and pitfalls that arise from the Act’s text and structure.

1. 90‑day hold and review freeze (s 12(6)-(7))

   • Expungement does not take immediate effect on the Secretary’s decision; it becomes effective only 90 days after the decision (s 12(6)). If an “interested person” applies for review within that 90 days, the expungement does not take effect until all reviews are determined (s 12(7)). Practically, an opposed data controller or a person who made a submission under s 8(6) can delay the effect of expungement by timely filing for review, keeping the original records live for an extended period.

2. Strict evidentiary route for consent issues (s 10(3))

   • If consent is an issue for a homosexual‑offence charge, the Secretary may be satisfied only by written evidence from official criminal records or by written evidence from a person involved in the conduct, or, if those cannot be found after reasonable enquiries, by another person with knowledge (s 10(3)). Oral evidence and informal attestations will generally not suffice. Applicants must therefore proactively secure written evidence from third parties or official records documenting consent and ages at the time of conduct (s 10(2)-(3)).

3. Secretary cannot hold an oral hearing (s 8(2))

   • The Secretary “must not hold an oral hearing” (s 8(2)). Applicants and third parties should not expect an in‑person adversarial hearing and should prepare comprehensive written material, because there is no administrative oral forum to present live testimony.

4. Data controllers’ technological constraints and secondary electronic records (s 15(2)-(2A))

   • The Act requires erasure or removal of secondary electronic records within 28 days or, if impossible due to technological limitations, annotation (s 15(2)-(2A)). Data controllers must be ready to explain technical constraints. The “secondary electronic record” definition is broad and designed to capture duplicates or derivative electronic traces, so legacy systems and backups pose compliance challenges.

5. Confidentiality and reporting restrictions restrict public access (s 13, s 28A, s 21(4))

   • The Act imposes a broad confidentiality duty with a high penalty (s 13), creates RTI exemptions for Act‑held information (s 28A), and mandates private Tribunal reviews (s 21(4)). Those provisions sharply limit public transparency. Practitioners must be cautious about public reporting and media strategies, and must not assume RTI will yield administrative materials in many cases.

6. Redress payment eligibility contingent on application status at time of application (s 19B(3))

   • Part 3A states that redress payments do not apply to an eligible recipient if, at the time the application was made to have the charge expunged, the eligible recipient was deceased (s 19B(3)). Therefore the timing of a representative application for a deceased person may affect redress entitlement.

7. One redress only and offsets for ex gratia payments (s 19C(5), s 19D)

   • Eligible recipients get only a single redress payment (s 19C(5)). Any prior ex gratia payment by the State is offset against redress (s 19D). Parties should track prior State payments carefully.

8. Redress repayment where original application contains material falsehoods (s 20, s 19E)

   • The Secretary may determine that a charge has ceased to be expunged where the original application included false or misleading information or documents in a material particular (s 20(1)). If expungement ceases, the Secretary may require repayment of redress as a debt to the Crown (s 19E). Practitioners should ensure accuracy and corroboration for factual claims in applications.

9. Short statutory deadlines for data controller actions and notifications (s 15(2)-(3), s 12(4)-(5))

   • Data controllers have 28 days to act on removal or annotation (s 15(2)), and the Secretary has 28 days to notify parties of decisions (s 12(4)). Missing these windows may affect rights and expose actors to further administrative complexity.

10. Confusion about scope of “official criminal record” (s 3)

    • “Official criminal record” is limited to records kept by courts of the State or State departments/authorities (s 3). Records held by non‑State actors or private background‑checking entities may not be “official criminal records” under the Act and may not be subject to the same automatic erasure obligations, although the Act’s non‑disclosure provisions restrict persons with access to official criminal records from disclosing expunged details and the Secretary can require information from persons generally (s 8). Clients should map where their records are held.

11. Potential misalignment with national systems (s 17(2)(c))

    • The Commissioner of Police may disclose to ACC or successor systems the fact an expungement has occurred (s 17(2)(c)). Practitioners must check how national systems treat expunged markers, since the Act allows such disclosures to national police databases and does not, in itself, guarantee erasure from those shared systems.

12. Penalties and enforcement are monetary but significant (ss 8(10), 13(1), 17(1), 19, 26)

    • Several provisions create monetary penalties up to 50 penalty units. Practitioners and data controllers must be careful to comply with notices and confidentiality obligations; inadvertent breaches can attract non‑trivial fines.

13. Delegation and decision‑making by delegate (s 27, s 21(2))

    • The Secretary may delegate functions under the Act (s 27). Decisions by delegates are reviewable in TCAT (s 21(2)). Practitioners should ascertain whether a decision was taken by the Secretary personally or by a delegate, as case management and challenge strategies may differ.

14. Interaction with other statutory inquiries and pre‑existing lawful acts (ss 24-25)

    • Section 24 confirms the Act does not authorise destruction or editing of paper documents (subject to s 15(2)), and s 25 preserves prior lawful acts. Be mindful that pre‑existing lawful uses of the records (for example, sentencing, past regulatory processes) remain legally intact even where records are expunged for future purposes.

Each “gotcha” is grounded in specific sections. The interplay of private‑law records, national police systems, technological constraints on deletion, the 90‑day freeze, strict evidentiary routes for consent and the newly added redress recovery mechanisms are the most material operational risks.

This section provides concrete, step‑by‑step guidance, grounded in the Act’s provisions, for applicants, data controllers, the Secretary’s office, researchers and other professionals to comply with obligations and to preserve rights.

For applicants and their advisers

1. Prepare the application form and contents (s 6(5), s 7)

   • Use the form approved by the Secretary and ensure it contains the required information in s 7(1): full name, date and place of birth of the eligible person, applicant’s contact details, and for each historical offence, the eligible person’s address at the time, conviction dates and courts if convicted, and names of any other persons involved. Include consent for the Secretary to check criminal history and relevant information (s 7(2)).

2. Assemble documentary evidence addressing s 10 tests

   • For homosexual offences, the Secretary must be satisfied on reasonable grounds that the person was charged because of suspicion of homosexual‑nature conduct and that the conduct, if committed today, would not be an offence (s 10(1)(b)). If consent is an issue, secure written evidence from official criminal records or from persons involved in the conduct, or otherwise locate persons with knowledge if the primary sources cannot be found (s 10(3)). Where ages are relevant, produce contemporaneous documents establishing ages at the time (s 10(2)).

3. Expect written investigations and avoid dependence on oral hearings (s 8(1)-(2))

   • The Secretary may make inquiries and require documents, but must not hold an oral hearing (s 8(2)). Provide thorough written submissions and any supporting witnesses’ written statements. Keep copies of all materials provided.

4. Respond promptly to information notices (s 8(3)-(5))

   • If the Secretary requires additional information, comply promptly since failure to comply may result in the Secretary refusing to consider the application further (s 8(4)). If notified of an intention to refuse, use the 28‑day opportunity under s 12(3) to submit further material.

5. Track timelines and prepare for the 90‑day period (s 12(6)-(7))

   • Even if the Secretary decides to expunge, the decision takes effect only after 90 days and may be stayed by a review application by an interested person (s 12(6)-(7)). Counsel applicants accordingly about continued exposure during this period.

6. Prepare for data‑controller obligations and notification (s 15)

   • After expungement becomes effective, the Secretary will notify data controllers and the applicant will be informed once all necessary action is taken (s 15(1), (4)).

7. Redress eligibility and documentation (ss 19A-19C)

   • If seeking redress under Part 3A, confirm that the applicant qualifies as an “eligible recipient” (s 19A) and was alive at time of the application if that is material (s 19B(3)). Document convictions and whether court‑imposed sanctions applied to establish the correct redress tier (s 19C(2)). Track whether ex gratia payments have been received previously (s 19D).

For data controllers and record holders

1. Receive and action Secretary notification (s 15(1)-(3))

   • On notification, within 28 days either: (a) for secondary electronic records, erase/remove the record or remove identifiers or links (s 15(2)(a)(i)-(iii)); or (b) for other official criminal records, annotate the entry to state it contains information about an expunged charge and that disclosure is an offence (s 15(2)(b)). If technological limitations prevent erasure of secondary electronic records annotate instead (s 15(2A)). Notify the Secretary of actions taken as soon as possible (s 15(3)).

2. Map systems for “secondary electronic records” and backups (s 3, s 15(2A))

   • Identify all duplicates, derivatives, backups and linked datasets that might constitute secondary electronic records so you can either erase or de‑identify them. If erasure is impossible, make consistent, prominent annotations.

3. Comply with Secretary information notices (s 8(8)-(10))

   • If the Secretary issues a written notice to provide documents or answer questions, comply or risk the 10‑penalty‑unit fine under s 8(10). Keep records of compliance and any claimed reasonable excuses.

4. Protect confidentiality but coordinate with legal exceptions (s 13)

   • Do not disclose information about applications except where necessary for Act purposes, with the person’s written consent, to courts under order, to legal practitioners for advice, or where other Acts authorise disclosure (s 13(2)-(3)). Train staff and implement internal protocols to prevent inadvertent disclosure (s 13(1), 50 penalty units).

5. Maintain documentation for audit and TCAT review (s 21)

   • Keep clear records of decisions and actions taken, including technical reasons for any inability to erase electronic records, to support Secretary audit and to defend any TCAT review.

For researchers seeking access (s 18)

1. Apply in writing and expect Secretary notification requirements (s 18(1)-(3))

   • Submit a written application specifying the sentencing, criminal justice or related research purpose and the expunged‑charge information sought. The Secretary must notify the person whose charge was expunged and give them a copy of the research application as it relates to their charge (s 18(2)). Access may be granted only with the person’s consent, or if the Secretary has been unable to notify and has made every reasonable effort, or if the person does not respond within 90 days (s 18(3)).

2. Be prepared for conditions and de‑identification (s 18(4)-(5))

   • Authorisations are subject to conditions the Secretary may impose, and the Secretary may only authorise access if the information will not identify other persons. Prepare ethics approvals and data-security plans demonstrating how identification risks will be mitigated.

For the Secretary’s office and administration (ss 8-12, s 30, s 32)

1. Adopt clear application forms and guidance (s 6(5), s 7)

   • Publish approved application forms and guidance on required evidentiary material, particularly for proving consent and age issues under s 10. Make forms and guidance available online and in accessible formats.

2. Implement procedures for information requests and responses (s 8(3), s 8(8))

   • Standardise written notices for additional material and for requiring documents or answers. Log service of notices, responses, and any follow‑up steps under s 8(5).

3. Manage data‑controller notifications and tracking (s 15)

   • Maintain a tracking system for data‑controller notifications, actions and confirmations. Verify deletions, annotations or de‑linking and document technological limitations where they apply (s 15(2A)).

4. Coordinate with police and ACC for related offences and national systems (s 10(1A), s 17(2)(c))

   • For related offences, obtain the Commissioner of Police’s advice as required by s 10(1A). When expungements are finalised, ensure appropriate notification to national police information systems in accordance with s 17(2)(c).

5. Publish redress payment amounts and manage payments (s 19C(4), s 19B)

   • Where Part 3A applies, publish the CPI‑indexed redress amounts prior to each financial year (s 19C(4)), implement payment processes for eligible recipients, and establish mechanisms for offsets, variations, recovery and write‑offs (ss 19D-19G). Keep financial and audit trails.

6. Ensure protection under privacy law and RTI exemptions where relevant (s 28, s 28A)

   • Record the legal basis for any personal information collection and ensure compliance with the Personal Information Protection Act via the Act’s carve‑out (s 28). Apply s 28A where RTI requests interact with information held for the Act.

Cross‑cutting operational controls

1. Training and SOPs

   • Train staff across courts, police, DPP, and Departmental units about the Act’s timelines, notice templates, confidentiality obligations, researcher protocol, and penalties for breaches.

2. Technical audits and records mapping

   • Conduct audits of electronic records, backups and third‑party data flows to identify secondary electronic records. Plan for erasure, de‑identification or annotation consistent with s 15 and document technical constraints.

3. Legal oversight and privileges

   • Implement legal review for requests and disclosures, especially where disclosures to national police systems, researchers or other agencies are contemplated. Use s 13(3)(c) exceptions to provide legal advice but maintain strict confidentiality.

4. Communication protocols

   • Because reviews are to be private (s 21(4)) and RTI responses may be limited (s 28A), develop recipient‑facing communications that reflect the Act’s confidentiality limits and the 90‑day hold period.

5. Risk management for redress recovery

   • For redress payments, maintain checks to mitigate overpayment risk, verify applicant status at the time of application (alive or incapacitated), and keep processes to support recovery if expungement is later set aside for material falsehoods (s 19E, s 19F).

Checklist for a typical application pathway

• Step 1: Complete Secretary’s approved form with detailed biographical and charge information and provide written consent for history checks (s 6(5), s 7(2)).
• Step 2: Provide corroborative written evidence concerning consent and ages where relevant (s 10(2)-(3)).
• Step 3: Respond promptly to Secretary requests for further information (s 8(3)-(5)).
• Step 4: If the Secretary obtains official records, review them and consider submitting further material within the 28‑day period after receiving the record (s 9(2), s 12(3)).
• Step 5: If the Secretary decides to expunge, monitor the 90‑day effective window and be ready for possible interested‑person reviews (s 12(6)-(7)).
• Step 6: Once expungement is final, confirm data controllers have acted and the Secretary has notified the applicant that necessary actions have been taken (s 15(3)-(4)).
• Step 7: For redress, verify eligibility, confirm prior ex gratia payments, and ensure correct tiering for payment (s 19B-19C).

Adherence to these steps and the Act’s procedural rules will mitigate the most common compliance risks, reduce the likelihood of refusals under s 8(4), avoid exposure to monetary penalties for disclosure or non‑compliance, and secure any redress entitlement available under the amended scheme.