21Review of decisions

21 Review of decisions

(1)  In this section –

reviewable decision means –

(a) a decision to expunge a charge under section 12(2)(a) ; or

(b) a decision to refuse to expunge a charge under section 12(2)(b) ; or

(c) a determination that a charge has ceased to be expunged under section 20(1) .

(2)  [Section 21 Subsection (2) substituted by No. 7 of 2025, s. 98, Applied:01 Jul 2025] If the Secretary, or a person acting as the delegate of the Secretary, makes a reviewable decision, an interested person may apply to the Tasmanian Civil and Administrative Tribunal for a review of the decision.

(3)  For the purposes of this section, each of the following persons is taken to be an interested person:

(a) for a decision to expunge a charge under section 12(2)(a)  –

(i) a person who has made a submission pursuant to section 8(6) in relation to the charge; and

(ii) a data controller who has any official criminal records relating to the charge under their management or control;

(b) for a decision to refuse to expunge a charge under section 12(2)(b) , the applicant;

(c) for a determination that a charge has ceased to be expunged, the person who made the application to have the charge expunged.

(4)  [Section 21 Subsection (4) substituted by No. 7 of 2025, s. 98, Applied:01 Jul 2025] The review by the Tasmanian Civil and Administrative Tribunal of a reviewable decision made under this Act is to be held in private.

(5)  [Section 21 Subsection (5) substituted by No. 7 of 2025, s. 98, Applied:01 Jul 2025] A person who made an application to have a charge expunged is taken to be a party to any proceedings before the Tasmanian Civil and Administrative Tribunal for a review of the decision to expunge that charge under .