Criminal Law (Historical Homosexual Convictions Expungement) Bill 2017

Introduced: 11/5/2017By: Hon Y D'Ath MPStatus: PASSED with amendment

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Plain English Summary

Overview

This bill creates a scheme for people to apply to have historical convictions or charges for consensual adult homosexual activity wiped from their criminal records. It covers offences from before homosexuality was decriminalised in Queensland on 19 January 1991. Once expunged, a person is treated in law as never having been convicted or charged.

Who it affects

People convicted before 1991 of consensual adult homosexual acts, and their families if the person has died since then, can apply to clear these records. LGBTIQ+ Queenslanders who have carried the stigma and disclosure burden of a historical conviction gain a formal route to remove it.

Key changes

Creates an application scheme run by the Department of Justice and Attorney-General to expunge pre-1991 homosexual convictions and charges
Covers Criminal Code male homosexual offences and certain public order offences, provided the activity was between consenting adults aged 18 or over and would not be an offence today
Allows applications on behalf of people who have died after 1991 (by spouse, parent, adult child, sibling or personal representative) and on behalf of people with impaired capacity
Makes expunged convictions invisible in law: no duty to disclose, cannot be used to refuse jobs, licences or appointments, and not counted in criminal history
Creates new offences (up to 100 penalty units) for disclosing expunged record information, dishonestly obtaining it, or giving the decision-maker false information
Allows applicants to seek QCAT review if their application is refused, and provides safeguards to revive an expungement obtained through false information

How this affects you

Justice & Rights

•If you were convicted before 1991 of consensual adult homosexual activity, you can apply to have the conviction or charge wiped from your criminal recordClause 11An eligible person may apply to the chief executive for a conviction or charge of the eligible person for an eligible offence to be expunged.
•Once expunged, you can lawfully say you were never convicted and you don't have to disclose the charge on forms or under oathClause 24It is lawful for the person to claim, on oath or otherwise, including in a proceeding before any court or tribunal, that the person was not convicted of, or charged with, the offence.
•Families can apply on behalf of a relative who died after 1991, including spouses, parents, adult children, siblings or close-relationship partnersClause 11(3)If the eligible person died after 19 January 1991, the application may be made by the personal representative, spouse, parent, adult child, adult sibling, or a person in a close personal relationship with them.
•If your application is refused you can ask QCAT to review the decision, and you can re-apply if new evidence becomes availableClauses 23 and 36A person given a QCAT information notice may apply to QCAT for a review of the decision.

Work & Employment

•An expunged conviction cannot lawfully be used to refuse you a job, dismiss you, or deny you a professional appointment or licenceClause 24(2)(f)The conviction or charge is not a proper ground for refusing to appoint the person to any office, profession or employment; or excluding or dismissing the person from any office, profession or employment.
•You no longer have to answer 'yes' to criminal history questions on job applications or working-with-children checks for expunged offencesClauses 24, 49 and 51Amendments to the Child Protection Act 1999 and Family Responsibilities Commission Act 2008 confirm expunged convictions and charges are not 'relevant information'.
•Anyone who improperly discloses or dishonestly obtains information about an expunged conviction can be fined up to 100 penalty unitsClauses 26, 27 and 40Maximum penalty of 100 penalty units for disclosing information from public records about expunged convictions, dishonestly obtaining such information, or breaching confidentiality.

Bill Journey

Introduced11 May 2017

First Reading

Committee

Committee Report14 July 2017

Committee report tabled

Second Reading

In Detail

Third Reading

Royal Assent23 Oct 2017

Referenced Entities

Legislation

Sectors Affected

Civil Law Criminal Law Policing

Classified using AGIFT/ANZSIC Australian government standards

Source Documents

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