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This is a Bill, not an Act. For current law, see the Acts databases.
Commission for Children and Young
People Amendment Bill 2009
No , 2009
A Bill for
An Act to amend the Commission for Children and Young People Act 1998 and the
Criminal Records Act 1991 with respect to the disclosure of information relating to
criminal history; and for other purposes.
Clause 1 Commission for Children and Young People Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Commission for Children and Young People Amendment 3
Act 2009. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Commission for Children and Young People Amendment Bill 2009
Amendment of Commission for Children and Young People Act 1998 No Schedule 1
146
Schedule 1 Amendment of Commission for Children 1
and Young People Act 1998 No 146 2
[1] Section 15 Referral of matters to police and other investigative agencies 3
Omit "Department of Community Services" from section 15 (2). 4
Insert instead "Department of Human Services". 5
[2] Section 15A Reports under Children and Young Persons (Care and 6
Protection) Act 1998 7
Omit "Department of Community Services" from section 15A (1). 8
Insert instead "Department of Human Services". 9
[3] Section 33 Definitions 10
Omit "Department of Community Services" from section 33 (3). 11
Insert instead "Department of Human Services". 12
[4] Section 38 Notification of information relating to relevant criminal 13
records or other orders 14
Omit "Police Service" from section 38 (1). Insert instead "NSW Police Force". 15
[5] Section 38 (5) 16
Omit the subsection. 17
[6] Section 38A 18
Insert after section 38: 19
38A Notification of information relating to criminal history for interstate 20
child-related employment screening 21
(1) The Commissioner of Police may disclose (or arrange for a 22
member of the NSW Police Force to disclose) information 23
relating to any criminal history of persons to the following 24
persons for the purposes of interstate child-related employment 25
screening: 26
(a) CrimTrac, 27
(b) a police force or service of the Commonwealth or another 28
State or Territory, 29
(c) an approved interstate screening agency. 30
(2) A person to whom information is disclosed under subsection (1) 31
may disclose that information to an approved interstate screening 32
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Commission for Children and Young People Amendment Bill 2009
Schedule 1 Amendment of Commission for Children and Young People Act 1998 No
146
agency for the purposes of interstate child-related employment 1
screening undertaken by the agency. 2
(3) The Commissioner of Police may disclose (or arrange for a 3
member of the NSW Police Force to disclose) to an approved 4
interstate screening agency, at the request of the agency, 5
information relating to the circumstances of an offence or alleged 6
offence disclosed under this section for the purposes of interstate 7
child-related employment screening. 8
(4) Subsection (3) applies: 9
(a) for the period of 12 months after the commencement of 10
this section, or 11
(b) for such further period or periods as may be prescribed by 12
the regulations. 13
(5) Information that may be disclosed under this section includes: 14
(a) information relating to convictions, including spent 15
convictions, quashed convictions and offences for which a 16
pardon has been given, despite anything to the contrary in 17
the Criminal Records Act 1991, 18
(b) information relating to criminal charges, whether heard or 19
not heard, proven, dismissed, withdrawn or discharged, 20
(c) information relating to offences, despite anything to the 21
contrary in section 579 of the Crimes Act 1900. 22
(6) This section does not limit the persons to whom, or the 23
circumstances in which, information relating to the criminal 24
history, including the criminal record of persons, may be 25
disclosed apart from this Act. 26
(7) In this section: 27
approved interstate screening agency means: 28
(a) a person or body prescribed by the regulations, or 29
(b) a body that is authorised under a law of the 30
Commonwealth, another State or a Territory to conduct 31
interstate child-related employment screening and is 32
approved by the Minister for the purposes of this section. 33
interstate child-related employment screening means using 34
information about persons who work, or seek to work with 35
children, in a way that is authorised or required under a law of the 36
Commonwealth, another State or a Territory, for the purpose of 37
estimating the risk to the safety of children posed by any such 38
person if working with children. 39
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Commission for Children and Young People Amendment Bill 2009
Amendment of Commission for Children and Young People Act 1998 No Schedule 1
146
[7] Section 44 Effect of Division on other rights and procedures 1
Insert "or interstate child-related employment screening (as referred to in 2
section 38A)" after "Background checking" in section 44 (1). 3
[8] Section 45C Composition of the Team 4
Omit "Department of Community Services" from section 45C (2) (a). 5
Insert instead "Department of Human Services". 6
[9] Section 45C (2) (e)-(g) 7
Omit the paragraphs. Insert instead: 8
(e) the Department of Justice and Attorney General, 9
(f) the Office of the NSW State Coroner, within the 10
Department of Justice and Attorney General, 11
(g) Ageing, Disability and Home Care, within the Department 12
of Human Services. 13
[10] Section 45U Confidentiality of information 14
Omit "Community Services" from section 45U (1) (c) (ii). 15
Insert instead "Human Services". 16
[11] Schedule 3 Savings, transitional and other provisions 17
Insert at the end of clause 1 (1): 18
Commission for Children and Young People Amendment Act 19
2009 20
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Commission for Children and Young People Amendment Bill 2009
Schedule 2 Amendment of Criminal Records Act 1991 No 8
Schedule 2 Amendment of Criminal Records Act 1
1991 No 8 2
Section 13 Unlawful disclosure of information concerning spent 3
convictions 4
Insert "or 38A" after "section 38" in section 13 (4A). 5
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