Spent Convictions Act 2000

On application by a person under section 19B (Application to have conviction extinguished), the director-general must—

extinguish a conviction; or

refuse to extinguish a conviction.

The director-general must not extinguish the conviction unless satisfied—

if the conviction was for an offence that involved sexual activity—that the convicted person is eligible to have the conviction extinguished under section 19E; and

of any other matters prescribed by regulation.

The director-general must not refuse to extinguish a conviction unless—

the director-general has given the applicant written notice of the proposed refusal; and

the notice—

states the reasons for the proposed refusal; and

includes a copy of any records relating to the conviction held by or accessible to the director-general; and

states that further information may be given to the director‑general in relation to the application not later than 14 days after the day the notice is given to the applicant; and

For how documents may be given, see the Legislation Act, pt 19.5.

the director-general has considered any further information given by the applicant to the director-general under paragraph (b) (iii).

The director-general must tell the applicant, in writing, of the decision under subsection (1) and, if the decision is to refuse to extinguish the conviction, the reasons for it.

If the director-general extinguishes the conviction the director‑general must tell the chief police officer about the decision.

The director-general must also give the person a reviewable decision notice in relation to a decision to refuse to extinguish the conviction (see s 19L).