Note: See section 21.
1 Exclusions from Division 3 of Part VIIC of the Act (spent convictions)
For the purposes of paragraph 85ZZH(k) of the Act, Division 3 of Part VIIC of the Act does not apply in relation to the disclosure of information to or by, or the taking into account of information by a person or body mentioned in column 1 of an item in the following table, for a purpose mentioned in column 2 of the item, in relation to a conviction for an offence mentioned in column 3 of the item .
Exclusions from Division 3 of Part VIIC of the Act | |||
Item | Column 1 Person or body | Column 2 Purpose | Column 3 Offence |
1 | Commonwealth authority | (a) Assessing the suitability of a person to be employed or otherwise engaged in work that is likely to involve access to national security information classified as secret or top secret; or (b) providing assistance to a person referred to in paragraph 85ZZH(d) of the Act in relation to the making of a decision referred to in that paragraph ( immigration and citizenship decisions) | Any offence |
2 | Defence Force | Assessing the suitability of a person for appointment to a position involving the care, instruction or supervision of minors | D esignated offence |
3 | (a) Director of Military Prosecutions (within the meaning of the Defence Force Discipline Act 1982 ); or (b) a prosecutor required under that Act to present evidence of a defendant's prior convictions | Considering whether to prosecute and making submissions and decisions as to sentence | Any offence |
4 | (a) Australian Border Force Commissioner (within the meaning of the Australian Border Force Act 2015 ); or (b) Secretary of the Department administered by the Minister administering Part XII of the Customs Act 1901 (officers) | (a) Assessing the suitability of a person to have responsibility for matters relating to law enforcement; or (b) considering whether to prosecute and making submissions as to sentence | Any offence |
5 | Government of New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory or the Northern Territory | Assessing the suitability of a person for appointment as a justice of the peace | Any offence |
6 | P erson or body that administers a prison in New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania , the Australian Capital Territory or the Northern Territory | Assessing the suitability of a person to have responsibility for the care or control of prisoners | O ffence involving violence |
7 | P erson or body that employs or otherwise engages persons to provide care for persons with disabilities in residential settings in Victoria | Assessing the suitability of a person to have responsibility for the care of persons with disabilities in a residential setting | O ffence involving violence |
8 | (a) Commonwealth Government ; or (b) Government of New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory or the Northern Territory | Assessing the suitability of a person to be licensed as director, or appointed as the chief executive, of a casino | Any offence |
9 | Government of Tasmania | Assessing the suitability of a person for appointment to the Poppy Advisory and Control Board mentioned in section 59H of the Poisons Act 1971 (Tas . ) as in force from time to time | D rug offence |
10 | Poppy Advisory and Control Board mentioned in section 59H of the Poisons Act 1971 (Tas . ) as in force from time to time | (a) Assessing the suitability of a person to be the holder of a licence to grow alkaloid poppies; or (b) assessing the suitability of a person to be employed or otherwise engaged by the Poppy Advisory and Control Board in connection with: (i) processing applications for licences to grow alkaloid poppies; or (ii) monitoring the growing of alkaloid poppies | D rug offence |
11 | P erson or body that is lawfully engaged in the growing of alkaloid poppies (within the meaning of the Poisons Act 1971 (Tas . )) or the production of opiate alkaloids | Assessing the suitability of a person to be employed or otherwise engaged in connection with the growing of alkaloid poppies or the production of opiate alkaloids | D rug offence |
12 | Public library , university librar y, public archives office or Australian War Memorial | Making available material for research, reference or study | Any offence |
13 | I ssuing body (within the meaning of the Aviation Transport Security Regulations 2 005 ) | Assessing whether to issue an ASIC (within the meaning of the Aviation Transport Security Regulations 2 005 ) to a person in accordance with Part 6 of that instrument | Aviation security offence |
14 | P erson or body that employs or otherwise engages another person to provide services or undertake work at a place where care, instruction or supervision services for minors are provided | Assessing the suitability of a person to be employed or otherwise engaged in work that is likely to involve direct contact with minors | D esignated offence |
15 | Australian Securities and Investments Commission | (a) Considering whether to prosecute and making submissions as to sentence; or (b) assessing prospective employees or prospective members of the Australian Securities and Investments Commission; or (c) assessing persons proposed to be engaged as consultants to, or to perform services for, the Australian Securities and Investments Commission | Any offence |
16 | Minister administering the Australian Securities and Investments Commission Act 2001 | Assessing prospective members of the Australian Securities and Investments Commission | Any offence |
17 | P erson or body that employs or otherwise engages persons to provide advocacy or care for persons with intellectual disabilities | Assessing the suitability of a person: (a) to act as an advocate for a person with an intellectual disability; or (b) to have responsibility for the care of a person with an intellectual disability | O ffence against the person |
18 | P erson or body that employs or otherw ise engages persons to care for or control detainee s under the Migration Act 1958 | Assessing the suitability of a person to have responsibility for the care or control of a detainee under the Migration Act 1958 | O ffence involving violence |
19 | I ssuing body (within the meaning of the Maritime Transport and Offshore Facilities Security Regulations 2 003 ) | Assessing whether to issue a n MSIC (within the meaning of the Maritime Transport and Offshore Facilities Security Regulations 2 003 ) to a person in accordance with Subdivision 6 . 1A . 4 of that instrument | Maritime security offence |
20 | Secretary (within the meaning of the AusCheck Act 2007 ) or a n AusCheck staff member (within the meaning of that Act) | T he purposes of the AusCheck scheme (within the meaning of the AusCheck Act 2007 ) | (a) For an applicant for, or holder of, an ASIC (within the meaning of the AusCheck Act 2007 )--aviation security offence; or (b) for an applicant for, or holder of, a n MSIC (within the meaning of the AusCheck Act 2007 )--maritime security offence; or (c) for an individual required to undergo, or who has undergone, a n NHS check (within the meaning of the Security S ensitive Biological Agent (SSBA) Standards determined under section 35 of the National Health Security Act 2007 )--health security offence ; or (d) for an applicant for, or holder of, an MNE accreditation (within the meaning of the AusCheck Regulations 2 017 )--MNE level 1 disqualifying offence (within the meaning of that instrument). |
21 | Secretary (within the meaning of the Aviation Transport Security Act 2004 ) | Assessing whether to approve the issue of an ASIC (within the meaning of the Aviation Transport Security Regulations 2 005 ) to a person in accordance with regulation 6 . 29 of that instrument | Aviation security offence |
22 | Secretary (within the meaning of the Maritime Transport and Offshore Facilities Security Act 2003 ) | Assessing whether to approve the issue of an MSIC (within the meaning of the Maritime Transport and Offshore Facilities Security Regulations 2 003 ) to a person in accordance with regulation 6 . 08F of that instrument | Maritime security offence |
23 | E ntity to which Division 5 of Part 3 of the National Health Security Act 2007 applies (entities that handle security - sensitive biological agents) | Assessing whether to authorise a person under clause 3 . 3 of the Security Sensitive Biological Agent (SSBA) Standards determined under section 35 of the National Health Security Act 2007 | Health security offence |
23A | Organising body (within the meaning of the AusCheck Regulations 2 017 ) | Assessing whether to issue an MNE accreditation (within the meaning of the AusCheck Regulations 2 017 ) to an individual in accordance with Part 2 of that instrument | MNE level 1 disqualifying offence (within the meaning of the AusCheck Regulations 2 017 ) |
24 | Secretary (within the meaning of the Narcotic Drugs Act 1967 ) | Assessing whether a person is a fit and proper person to: (a) hold a licence (within the meaning of the Narcotic Drugs Act 1967 ); or (b) be associated with the holder of such a licence | Any offence |