Spent Convictions Act 2009

The following persons, in addition to a convicted person, may apply for a spent conviction order to be made in respect of a conviction for a designated sex‑related offence or a prescribed public decency offence:

if the convicted person is a person with a mental incapacity—

the convicted person's spouse or domestic partner; or

an adult who is a sibling or child of the convicted person; or

a person appointed as a guardian of the convicted person; or

any other person a qualified magistrate considers to be an appropriate person to make an application in the circumstances of the particular case;

if the convicted person is deceased—

the person who was the convicted person's spouse or domestic partner at the time of death; or

an adult who is a sibling or child of the convicted person; or

the executor or administrator of the convicted person's estate; or

any other person a qualified magistrate considers to be an appropriate person to make an application in the circumstances of the particular case.

For the purposes of this section, a person is, on a certain date, the domestic partner of another if—

the person is, on that date, in a registered relationship with the other; or

the person is, on that date, living with the other in a close personal relationship.

In this section—

close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their sex or gender identity) who live together as a couple on a genuine domestic basis, but does not include a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;

mental incapacity means the inability of a person to look after the person's own health, safety or welfare or to manage the person's own affairs, as a result of—

any damage to, or any illness, disorder, imperfect or delayed development, impairment or deterioration of, the brain or mind; or

any physical illness or condition that renders the person unable to communicate the person's intentions or wishes in any manner whatsoever;

registered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act.