Commonwealth Consolidated Regulations

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AUSCHECK REGULATIONS 2017 - REG 21A

Advice about background check of an individual--application made by organising body etc.

  (1)   This section applies if, under section   11AA, 11AB or 21C, AusCheck undertakes a background check of an individual in connection with the accreditation of the individual in relation to a major national event.

Advice relating to criminal history etc.

  (2)   The Secretary must advise the organising body for the major national event:

  (a)   if the background check included an assessment of the individual's criminal history--whether or not the individual has an unfavourable criminal history; and

  (b)   if the background check included a security assessment of the individual--whether or not the security assessment of the individual is an adverse security assessment or qualified security assessment; and

  (c)   if the background check included an assessment of information relating to whether the individual is an unlawful non - citizen or holds a visa entitling the individual to work in Australia--the result of that assessment.

  (3)   If the Secretary advises the organising body under paragraph   (2)(a) that the individual has an unfavourable criminal history, the Secretary:

  (a)   must include in the advice whether the individual has been convicted of an MNE level 1 disqualifying offence, an MNE level 2 offence or an MNE level 3 offence; and

  (b)   must not include in the advice details of the type of offence of which the individual has been convicted; and

  (c)   must inform the individual of that advice and the reasons for that advice.

  (4)   If:

  (a)   the Secretary has advised the organising body that the individual has been convicted of an MNE level 2 offence or an MNE level 3 offence (the relevant MNE offence ); and

  (b)   the organising body requests the Secretary, in writing, to provide to the organising body details of the relevant MNE offence; and

  (c)   the individual provides express consent for the Secretary to provide details of the relevant MNE offence to the organising body;

the Secretary must provide to the organising body a document setting out the details of the relevant MNE offence and any sentence imposed for the offence.



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