8Investigation of application

8 Investigation of application

(1)  Subject to subsection (2) , in considering an application, the Secretary may take all steps, and make all inquiries, that are reasonable and appropriate to consider the application properly.

(2)  The Secretary must not hold an oral hearing for the purpose of determining the application.

(3)  The Secretary may, by written notice, require an applicant to provide additional information or additional documents if the Secretary believes on reasonable grounds that the information or documents are necessary to consider the application properly.

(4)  If an applicant does not comply with a notice under subsection (3) , the Secretary may refuse to consider the application further.

(5)  If the Secretary intends to refuse to consider an application further under subsection (4) , the Secretary is to –

(a) notify the applicant in writing of that intention; and

(b) give the applicant a reasonable opportunity to make a submission as to why the Secretary should not refuse to consider the application further; and

(c) take into consideration any such submission when deciding whether to refuse to consider an application further under subsection (4) .

(6)  In considering an application, the Secretary is to –

(a) give each person, who the Secretary believes to have been involved in the conduct constituting a historical offence to which the application relates, a reasonable opportunity to make a submission in relation to the decision whether to expunge the charge for that historical offence; and

(b) take into consideration any such submissions.

(7)  When contacting, or attempting to contact a person for the purposes of subsection (6)(a) , the Secretary is to –

(a) contact, or attempt to contact that person, in a manner that is appropriate to the circumstances; and

(b) have regard to the sensitivity of the information, confidentiality and the privacy of the applicant and the person contacted.