Application for a spent conviction order—designated sex‑related offences and prescribed public decency offences
1A Application for a spent conviction order—designated sex‑related offences and prescribed public decency offences
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.
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