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 |
Designated 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 | Person 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 | Offence involving violence |
7 | Person 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 | Offence 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 | Drug 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 | Drug offence |
11 | Person 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 |
Drug offence |
12 | Public library, university library, public archives office or Australian War Memorial | Making available material for research, reference or study | Any offence |
13 | Issuing body (within the meaning of the Aviation Transport Security Regulations 2005 ) |
Assessing whether to issue an ASIC (within the meaning of the Aviation Transport Security Regulations 2005 ) to a person in accordance with Part 6 of that instrument | Aviation security offence |
14 |
Person 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 | Designated 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 | Person 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 | Offence against the person |
18 | Person or body that employs or otherwise engages persons to care for or control detainees 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 | Offence involving violence |
19 | Issuing body (within the meaning of the Maritime Transport and Offshore Facilities Security Regulations 2003 ) |
Assessing whether to issue an MSIC (within the meaning of the Maritime Transport and Offshore Facilities Security Regulations 2003 ) 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 an AusCheck staff member (within the meaning of that Act) | The 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, an MSIC (within the meaning of the AusCheck Act 2007 )--maritime security offence; or (c) for an individual required to undergo, or who has undergone, an NHS check (within the meaning of the Security Sensitive Biological Agent (SSBA) Standards determined under section 35 of the National Health Security Act 2007 )--health security offence |
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 2005 ) 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 2003 ) to a person in accordance with regulation 6.08F of that instrument |
Maritime security offence |
23 | Entity 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 |
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 |