12Determination of application

12 Determination of application

(1)  The Secretary must determine an application as soon as practicable after it is received.

(2)  In determining an application, the Secretary is to, in respect of each charge to which the application relates, decide to –

(a) expunge the charge for that offence; or

(b) refuse to expunge the charge for that offence.

(3)  If the Secretary intends to make a decision to refuse to expunge a charge, the Secretary must –

(a) by notice in writing, inform the applicant of that intention and the reasons for the intended decision; and

(b) [Section 12 Subsection (3) amended by No. 21 of 2025, s. 7, Applied:27 Nov 2025] provide the applicant with a copy of any relevant records, relating to the application, in the possession of the Secretary except so far as those records contain personal information relating to a person other than the eligible person; and

(c) give the applicant 28 days from the date of that notice to submit further information to the Secretary regarding the charge.

(4)  The Secretary must, within 28 days after a decision under this section is made, give –

(a) the applicant written notice of the decision and, if the decision is to refuse to expunge a charge, inform the applicant of –

(i) the reasons for the decision; and

(ii) the applicant's right to have the decision reviewed under section 21 ; and

(b) any person who has made a submission pursuant to section 8(6) written notice of the decision and, if the decision is to expunge a charge, inform the person of –

(i) the reasons for the decision; and

(ii) the person's right to have the decision reviewed under section 21 .

(5)  On making a decision to expunge a charge, the Secretary must, within 28 days, notify any relevant data controller of –