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New South Wales
Independent Commission Against
Corruption and Other Legislation
Amendment Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Independent Commission Against Corruption
Act 1988 No 35 3
Schedule 2 Amendment of Crime Commission Act 2012 No 66 7
Schedule 3 Amendment of Ombudsman Act 1974 No 68 11
Schedule 4 Amendment of Police Act 1990 No 47 12
Schedule 5 Amendment of Police Integrity Commission Act 1996 No 28 16
Schedule 6 Amendment of Young Offenders Act 1997 No 54 20
b2013-020-07.d23
New South Wales
Independent Commission Against
Corruption and Other Legislation
Amendment Bill 2013
No , 2013
A Bill for
An Act to amend the Independent Commission Against Corruption Act 1988 and
other Acts with respect to the vetting of applicants for employment and the provision
of information to the Ombudsman about young offenders and other matters; and for
other purposes.
Independent Commission Against Corruption and Other Legislation
Clause 1 Amendment Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Independent Commission Against Corruption and Other 3
Legislation Amendment Act 2013. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Amendment of Independent Commission Against Corruption Act 1988 No Schedule 1
35
Schedule 1 Amendment of Independent 1
Commission Against Corruption Act 2
1988 No 35 3
[1] Sections 104C and 104D 4
Insert after section 104B: 5
104C Vetting of prospective staff or consultants 6
(1) Vetting information that is held by the Inspector or Commission 7
or obtained under this section may be used in determining 8
whether to appoint a person (an applicant) as an officer of the 9
Inspector or the Commission. 10
(2) For the purposes of this section, vetting information is 11
information of the following kind about an applicant, or about an 12
associate or relative of an applicant: 13
(a) any criminal intelligence report or other criminal 14
information, 15
(b) information held in the Births, Deaths and Marriages 16
Register, 17
(c) information held by Roads and Maritime Services relating 18
to licences or other authorities, offences or penalties, 19
(d) information held by Corrective Services NSW, 20
Department of Attorney General and Justice, 21
(e) information held by CrimTrac, 22
(f) information held by a law enforcement agency, 23
(g) information held by an agency of the Commonwealth or of 24
the State or another State or Territory investigating public 25
sector corruption, 26
(h) information held by an agency of a jurisdiction outside 27
Australia, being an agency responsible for the enforcement 28
of laws of that jurisdiction, 29
(i) information prescribed by the regulations that is held by a 30
public authority or held by a Government agency of 31
another jurisdiction (whether in or outside Australia). 32
(3) The Inspector or Commission may, with the consent of an 33
applicant, request a public authority or other person or body to 34
disclose vetting information about the applicant. 35
(4) The Inspector or Commission may also, without consent, request 36
a public authority or other person or body (not being an agency 37
Page 3
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Schedule 1 Amendment of Independent Commission Against Corruption Act 1988 No
35
of a jurisdiction outside Australia) to disclose vetting information 1
about associates or relatives of the applicant. 2
(5) A public authority that holds, or is responsible for the disclosure 3
of, vetting information is authorised to disclose the information 4
to the Inspector or Commission for the purposes of this section. 5
(6) The Commissioner of Police is authorised at any time to disclose 6
(or arrange for a member of the NSW Police Force to disclose) to 7
the Inspector or Commission information about the criminal 8
history of a person for the purposes of this section, including the 9
following: 10
(a) information relating to spent convictions, despite anything 11
to the contrary in the Criminal Records Act 1991, 12
(b) information relating to criminal charges, whether or not 13
heard, proven, dismissed, withdrawn or discharged, 14
(c) information relating to offences, despite anything to the 15
contrary in section 579 of the Crimes Act 1900. 16
(7) For the purposes of the collection, disclosure or use of vetting 17
information under this section or section 104D, the information 18
may be collected, disclosed or used despite any other Act or law. 19
Note. Section 111 makes it an offence for an officer or former officer of 20
the Inspector or Commission to disclose information obtained in the 21
exercise of functions under this Act. 22
(8) This section does not restrict or prevent: 23
(a) the Inspector or Commission or any other person from 24
collecting, disclosing or using any information that the 25
Inspector, Commission or other person may otherwise 26
lawfully collect, disclose or use, or 27
(b) the Inspector or Commission from considering 28
information other than vetting information in determining 29
whether or not to appoint an applicant as an officer of the 30
Inspector or Commission. 31
(9) In this section and section 104D: 32
appoint includes engage, make use of the services of and second. 33
law enforcement agency means the following: 34
(a) the NSW Police Force, 35
(b) a Police Force of another State or Territory, 36
(c) the Australian Federal Police, 37
Page 4
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Amendment of Independent Commission Against Corruption Act 1988 No Schedule 1
35
(d) any other authority or person responsible for the 1
enforcement of the laws of the Commonwealth or of the 2
State or another State or Territory. 3
officer of the Inspector includes a person engaged by the 4
Inspector under section 57E (3). 5
104D Safeguards relating to use of vetting information 6
(1) The relevant body for a record must, for the period of 2 years 7
commencing on the commencement of this section (the review 8
period), keep a record of each occasion when vetting information 9
about an associate or a relative of an applicant is considered 10
under section 104C. 11
(2) The relevant body is to record whether vetting information was 12
the basis (wholly or partly) of a decision not to appoint the 13
applicant and the information relied on for that purpose. 14
(3) A person appointed by the Attorney General is to review the 15
records kept under this section at the end of the review period. 16
(4) The person appointed must be a person who is: 17
(a) a former Judge of the Supreme Court of the State or of any 18
other State or Territory, a former Judge of the Federal 19
Court of Australia or a former Justice of the High Court of 20
Australia, or 21
(b) a person qualified to be appointed as (but who is not) a 22
Judge or Justice of any such court. 23
(5) The relevant body may, at the request of the person conducting 24
the review, make available any records kept by the body under 25
this section and any further information requested by the person 26
that is reasonably related to the review. 27
(6) The person conducting the review must, not later than 6 months 28
after the end of the review period, report on the records to the 29
Minister and the Attorney General and provide a copy of the 30
report to the relevant body. 31
(7) A report may contain recommendations relating to the collection, 32
use and disclosure of vetting information under section 104C and 33
related procedures or practices of the relevant body. 34
(8) The relevant body for a record relating to the use of information 35
about an associate or a relative of an applicant for appointment in 36
a position: 37
(a) as an officer of the Inspector--is the Inspector, or 38
(b) as an officer of the Commission--is the Commission. 39
Page 5
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Schedule 1 Amendment of Independent Commission Against Corruption Act 1988 No
35
[2] Section 111 Secrecy 1
Insert after section 111 (1) (b): 2
(c) a person who conducts a review under section 104D, but 3
only in relation to the person's functions under that 4
section, and 5
[3] Schedule 4 Savings, transitional and other provisions 6
Insert at the end of clause 1 (1): 7
any other Act that amends this Act 8
[4] Schedule 4 9
Insert at the end of the Schedule with appropriate Part and clause numbering: 10
Part Provisions consequent on enactment of 11
Independent Commission Against 12
Corruption and Other Legislation 13
Amendment Act 2013 14
Previous collection, use and disclosure of vetting information 15
Any collection, use or disclosure of vetting information to or by 16
the Inspector or the Commission that occurred before the 17
commencement of section 104C, as inserted by the Independent 18
Commission Against Corruption and Other Legislation 19
Amendment Act 2013, is taken to have been validly done if the 20
collection, use or disclosure would have been valid if done on or 21
after that commencement. 22
Page 6
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Amendment of Crime Commission Act 2012 No 66 Schedule 2
Schedule 2 Amendment of Crime Commission Act 1
2012 No 66 2
[1] Sections 78A and 78B 3
Insert before section 79: 4
78A Vetting of prospective staff 5
(1) Vetting information that is held by the Inspector or Commission 6
or obtained under this section may be used in determining 7
whether to appoint a person (an applicant) as an officer of the 8
Inspector or the Commission. 9
(2) For the purposes of this section, vetting information is 10
information of the following kind about an applicant, or about an 11
associate or relative of an applicant: 12
(a) any criminal intelligence report or other criminal 13
information, 14
(b) information held in the Births, Deaths and Marriages 15
Register, 16
(c) information held by Roads and Maritime Services relating 17
to licences or other authorities, offences or penalties, 18
(d) information held by Corrective Services NSW, 19
Department of Attorney General and Justice, 20
(e) information held by CrimTrac, 21
(f) information held by a law enforcement agency, 22
(g) information held by an agency of the Commonwealth or of 23
the State or another State or Territory investigating public 24
sector corruption, 25
(h) information held by an agency of a jurisdiction outside 26
Australia, being an agency responsible for the enforcement 27
of laws of that jurisdiction, 28
(i) information prescribed by the regulations that is held by a 29
public authority or held by a Government agency of 30
another jurisdiction (whether in or outside Australia). 31
(3) The Inspector or Commission may, with the consent of an 32
applicant, request a public authority or other person or body to 33
disclose vetting information about the applicant. 34
(4) The Inspector or Commission may also, without consent, request 35
a public authority or other person or body (not being an agency 36
of a jurisdiction outside Australia) to disclose vetting information 37
about associates or relatives of the applicant. 38
Page 7
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Schedule 2 Amendment of Crime Commission Act 2012 No 66
(5) A public authority that holds, or is responsible for the disclosure 1
of, vetting information is authorised to disclose the information 2
to the Inspector or Commission for the purposes of this section. 3
(6) The Commissioner of Police is authorised at any time to disclose 4
(or arrange for a member of the NSW Police Force to disclose) to 5
the Inspector or Commission information about the criminal 6
history of a person for the purposes of this section, including the 7
following: 8
(a) information relating to spent convictions, despite anything 9
to the contrary in the Criminal Records Act 1991, 10
(b) information relating to criminal charges, whether or not 11
heard, proven, dismissed, withdrawn or discharged, 12
(c) information relating to offences, despite anything to the 13
contrary in section 579 of the Crimes Act 1900. 14
(7) For the purposes of the collection, disclosure or use of vetting 15
information under this section or section 78B, the information 16
may be collected, disclosed or used despite any other Act or law. 17
Note. Section 80 makes it an offence for an officer or former officer of 18
the Inspector or Commission to disclose information obtained in the 19
exercise of functions under this Act. 20
(8) This section does not restrict or prevent: 21
(a) the Inspector or Commission or any other person from 22
collecting, disclosing or using any information that the 23
Inspector, Commission or other person may otherwise 24
lawfully collect, disclose or use, or 25
(b) the Inspector or Commission from considering 26
information other than vetting information in determining 27
whether or not to appoint an applicant as an officer of the 28
Inspector or Commission. 29
(9) In this section and section 78B: 30
appoint includes engage, make use of the services of and second. 31
law enforcement agency means the following: 32
(a) the NSW Police Force, 33
(b) a Police Force of another State or Territory, 34
(c) the Australian Federal Police, 35
(d) any other authority or person responsible for the 36
enforcement of the laws of the Commonwealth or of the 37
State or another State or Territory. 38
Page 8
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Amendment of Crime Commission Act 2012 No 66 Schedule 2
public authority has the same meaning as it has in the 1
Independent Commission Against Corruption Act 1988. 2
78B Safeguards relating to use of vetting information 3
(1) The relevant body for a record must, for the period of 2 years 4
commencing on the commencement of this section (the review 5
period), keep a record of each occasion when vetting information 6
about an associate or a relative of an applicant is considered 7
under section 78A. 8
(2) The relevant body is to record whether vetting information was 9
the basis (wholly or partly) of a decision not to appoint the 10
applicant and the information relied on for that purpose. 11
(3) A person appointed by the Attorney General is to review the 12
records kept under this section at the end of the review period. 13
(4) The person appointed must be a person who is: 14
(a) a former Judge of the Supreme Court of the State or of any 15
other State or Territory, a former Judge of the Federal 16
Court of Australia or a former Justice of the High Court of 17
Australia, or 18
(b) a person qualified to be appointed as (but who is not) a 19
Judge or Justice of any such court. 20
(5) The relevant body may, at the request of the person conducting 21
the review, make available any records kept by the body under 22
this section and any further information requested by the person 23
that is reasonably related to the review. 24
(6) The person conducting the review must, not later than 6 months 25
after the end of the review period, report on the records to the 26
Minister and the Attorney General and provide a copy of the 27
report to the relevant body. 28
(7) A report may contain recommendations relating to the collection, 29
use and disclosure of vetting information under section 78A and 30
related procedures or practices of the relevant body. 31
(8) The relevant body for a record relating to the use of information 32
about an associate or a relative of an applicant for appointment in 33
a position: 34
(a) as an officer of the Inspector--is the Inspector, or 35
(b) as an officer of the Commission--is the Commission. 36
Page 9
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Schedule 2 Amendment of Crime Commission Act 2012 No 66
[2] Section 80 Secrecy 1
Insert after section 80 (1): 2
(1A) This section applies to a person conducting a review under 3
section 78B in relation to the person's functions under that 4
section. 5
[3] Schedule 2 Provisions relating to the members and procedure of the 6
Management Committee 7
Insert "a former Judge of the District Court of New South Wales," before "a 8
former Judge" where firstly occurring in clause 2 (1). 9
[4] Schedule 4 Savings, transitional and other provisions 10
Insert after Part 2: 11
Part 3 Provisions relating to Independent 12
Commission Against Corruption and Other 13
Legislation Amendment Act 2013 14
10 Validation 15
A person who was appointed to the Management Committee 16
before the commencement of Schedule 2 [3] to the Independent 17
Commission Against Corruption and Other Legislation 18
Amendment Act 2013 and who would be eligible to be so 19
appointed on that commencement is taken to have been validly 20
appointed from the date of the person's appointment. 21
11 Previous collection, use and disclosure of vetting information 22
Any collection, use or disclosure of vetting information to or by 23
the Inspector or the Commission that occurred before the 24
commencement of section 78A, as inserted by the Independent 25
Commission Against Corruption and Other Legislation 26
Amendment Act 2013, is taken to have been validly done if the 27
collection, use or disclosure would have been valid if done on or 28
after that commencement. 29
Page 10
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Amendment of Ombudsman Act 1974 No 68 Schedule 3
Schedule 3 Amendment of Ombudsman Act 1974 1
No 68 2
Section 13AA Preliminary inquiries 3
Insert after section 13AA (3): 4
(4) A public authority that discloses information to the Ombudsman 5
in response to an inquiry under this section is not required to 6
comply with section 16, 17, 18 or 19 (1) of the Privacy and 7
Personal Information Protection Act 1998. 8
Page 11
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Schedule 4 Amendment of Police Act 1990 No 47
Schedule 4 Amendment of Police Act 1990 No 47 1
[1] Sections 96B-96D 2
Insert after section 96A: 3
96B Vetting of prospective members of NSW Police Force or 4
consultants 5
(1) Vetting information that is held by the Commissioner or obtained 6
under this section may be used in determining whether to appoint 7
an applicant as a member of the NSW Police Force or to engage 8
an applicant as a consultant to the NSW Police Force. 9
(2) For the purposes of this section, vetting information is 10
information of the following kind about an applicant, or about an 11
associate or relative of an applicant: 12
(a) any criminal intelligence report or other criminal 13
information, 14
(b) information held in the Births, Deaths and Marriages 15
Register, 16
(c) information held by Roads and Maritime Services relating 17
to licences or other authorities, offences or penalties, 18
(d) information held by Corrective Services NSW, 19
Department of Attorney General and Justice, 20
(e) information held by CrimTrac, 21
(f) information held by a law enforcement agency, 22
(g) information held by an agency of the Commonwealth or of 23
the State or another State or Territory investigating public 24
sector corruption, 25
(h) information held by an agency of a jurisdiction outside 26
Australia, being an agency responsible for the enforcement 27
of laws of that jurisdiction, 28
(i) information prescribed by the regulations that is held by a 29
public authority or held by a Government agency of 30
another jurisdiction (whether in or outside Australia). 31
(3) The Commissioner may, with the consent of an applicant, request 32
a public authority or other person or body to disclose vetting 33
information about the applicant. 34
(4) The Commissioner may also, without consent, request a public 35
authority or other person or body (not being an agency of a 36
jurisdiction outside Australia) to disclose vetting information 37
about associates or relatives of the applicant. 38
Page 12
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Amendment of Police Act 1990 No 47 Schedule 4
(5) A public authority that holds, or is responsible for the disclosure 1
of, vetting information is authorised to disclose the information 2
to the Commissioner for the purposes of this section. 3
(6) The following information about the criminal history of a person 4
may be disclosed and considered for the purposes of this section: 5
(a) information relating to spent convictions, despite anything 6
to the contrary in the Criminal Records Act 1991, 7
(b) information relating to criminal charges, whether or not 8
heard, proven, dismissed, withdrawn or discharged, 9
(c) information relating to offences, despite anything to the 10
contrary in section 579 of the Crimes Act 1900. 11
(7) For the purposes of the collection, disclosure or use of vetting 12
information under this section or section 96C, the information 13
may be collected, disclosed or used despite any other Act or law. 14
Note. Section 62 of the Privacy and Personal Information Protection Act 15
1998 makes it an offence for a public sector official (including a member 16
of the NSW Police Force) to disclose personal information, other than for 17
official purposes, about a person to which the official has had access in 18
an official capacity. 19
(8) This section does not restrict or prevent: 20
(a) the Commissioner or any other person from collecting, 21
disclosing or using any information that the Commissioner 22
or other person may otherwise lawfully collect, disclose or 23
use, or 24
(b) the Commissioner from considering information other 25
than vetting information in determining whether or not to 26
appoint an applicant as a member of the NSW Police Force 27
or to engage an applicant as a consultant to the NSW 28
Police Force. 29
(9) In this section: 30
law enforcement agency means the following: 31
(a) a Police Force of another State or Territory, 32
(b) the Australian Federal Police, 33
(c) any other authority or person responsible for the 34
enforcement of the laws of the Commonwealth or of the 35
State or another State or Territory. 36
public authority has the same meaning as it has in the 37
Independent Commission Against Corruption Act 1988. 38
Page 13
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Schedule 4 Amendment of Police Act 1990 No 47
96C Safeguards relating to use of vetting information 1
(1) The Commissioner must, for the period of 2 years commencing 2
on the commencement of this section (the review period), keep a 3
record of each occasion when vetting information about an 4
associate or a relative of an applicant is considered under section 5
96B. 6
(2) The Commissioner is to record whether vetting information was 7
the basis (wholly or partly) of a decision not to appoint or engage 8
the applicant and the information relied on for that purpose. 9
(3) A person appointed by the Attorney General is to review the 10
records kept under this section at the end of the review period. 11
(4) The person appointed must be a person who is: 12
(a) a former Judge of the Supreme Court of the State or of any 13
other State or Territory, a former Judge of the Federal 14
Court of Australia or a former Justice of the High Court of 15
Australia, or 16
(b) a person qualified to be appointed as (but who is not) a 17
Judge or Justice of any such court. 18
(5) The Commissioner may, at the request of the person conducting 19
the review, make available any records kept by the 20
Commissioner under this section and any further information 21
requested by the person that is reasonably related to the review. 22
(6) The person conducting the review must, not later than 6 months 23
after the end of the review period, report on the records to the 24
Minister and the Attorney General and provide a copy of the 25
report to the Commissioner. 26
(7) A report may contain recommendations relating to the collection, 27
use and disclosure of vetting information under section 96B and 28
related procedures or practices of the Commissioner. 29
96D Secrecy--review information 30
(1) The person who conducts the review under section 96C must not, 31
directly or indirectly, except for the purposes of this Act or 32
otherwise in connection with the exercise of the person's 33
functions under this Act: 34
(a) make a record of any communication, or 35
(b) divulge or communicate to any person any information, 36
being information acquired by the person by reason of, or in the 37
course of, the exercise of the person's functions under this Act. 38
Page 14
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Amendment of Police Act 1990 No 47 Schedule 4
(2) The person who conducts the review under section 96C cannot be 1
required: 2
(a) to produce in any court any document or other thing that 3
has come into the person's possession, custody or control 4
by reason of, or in the course of, the exercise of the 5
person's functions under this Act, or 6
(b) to divulge or communicate to any court any matter or thing 7
that has come to the person's notice in the exercise of the 8
person's functions under this Act. 9
(3) Despite this section, the person may divulge any such 10
information: 11
(a) for the purposes of and in accordance with this Act, or 12
(b) to any prescribed authority or person. 13
[2] Schedule 4 Savings, transitional and other provisions 14
Insert at the end of the Schedule with appropriate Part and clause numbering: 15
Part Provisions consequent on enactment of 16
Independent Commission Against 17
Corruption and Other Legislation 18
Amendment Act 2013 19
Previous collection, use and disclosure of vetting information 20
Any collection, use or disclosure of vetting information to or by 21
the Commissioner that occurred before the commencement of 22
section 96B, as inserted by the Independent Commission Against 23
Corruption and Other Legislation Amendment Act 2013, is taken 24
to have been validly done if the collection, use or disclosure 25
would have been valid if done on or after that commencement. 26
Page 15
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Schedule 5 Amendment of Police Integrity Commission Act 1996 No 28
Schedule 5 Amendment of Police Integrity 1
Commission Act 1996 No 28 2
[1] Section 56 Secrecy 3
Insert at the end of section 56 (1) (e): 4
, and 5
(f) a person who conducts a review under section 136B, but 6
only in relation to the exercise of the person's functions 7
under that section. 8
[2] Section 124 Firearms and other police equipment 9
Insert "or appropriately trained officers" after "police officers" where 10
secondly occurring in section 124 (1) and (2). 11
[3] Section 124 (2) 12
Omit "handcuffs and body armour vests". 13
Insert instead "anti-personnel spray, batons, magazines for semi-automatic 14
pistols, handcuffs and body armour vests". 15
[4] Section 124 (3) 16
Insert after section 124 (2): 17
(3) An officer is an appropriately trained officer if the 18
Commissioner certifies in writing that the officer is an 19
appropriately trained officer for the purposes of this section. 20
[5] Sections 136A and 136B 21
Insert after section 136: 22
136A Vetting of prospective staff or consultants 23
(1) Vetting information that is held by the Inspector or Commission 24
or obtained under this section may be used in determining 25
whether to appoint a person (an applicant) as an officer of the 26
Inspector or the Commission. 27
(2) For the purposes of this section, vetting information is 28
information of the following kind about an applicant, or about an 29
associate or relative of an applicant: 30
(a) any criminal intelligence report or other criminal 31
information, 32
(b) information held in the Births, Deaths and Marriages 33
Register, 34
Page 16
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Amendment of Police Integrity Commission Act 1996 No 28 Schedule 5
(c) information held by Roads and Maritime Services relating 1
to licences or other authorities, offences or penalties, 2
(d) information held by Corrective Services NSW, 3
Department of Attorney General and Justice, 4
(e) information held by CrimTrac, 5
(f) information held by a law enforcement agency, 6
(g) information held by an agency of the Commonwealth or of 7
the State or another State or Territory investigating public 8
sector corruption, 9
(h) information held by an agency of a jurisdiction outside 10
Australia, being an agency responsible for the enforcement 11
of laws of that jurisdiction, 12
(i) information prescribed by the regulations that is held by a 13
public authority or held by a Government agency of 14
another jurisdiction (whether in or outside Australia). 15
(3) The Inspector or Commission may, with the consent of an 16
applicant, request a public authority or other person or body to 17
disclose vetting information about the applicant. 18
(4) The Inspector or Commission may also, without consent, request 19
a public authority or other person or body (not being an agency 20
of a jurisdiction outside Australia) to disclose vetting information 21
about associates or relatives of the applicant. 22
(5) A public authority that holds, or is responsible for the disclosure 23
of, vetting information is authorised to disclose the information 24
to the Inspector or Commission for the purposes of this section. 25
(6) The Commissioner of Police is authorised at any time to disclose 26
(or arrange for a member of the NSW Police Force to disclose) to 27
the Inspector or Commission information about the criminal 28
history of a person for the purposes of this section, including the 29
following: 30
(a) information relating to spent convictions, despite anything 31
to the contrary in the Criminal Records Act 1991, 32
(b) information relating to criminal charges, whether or not 33
heard, proven, dismissed, withdrawn or discharged, 34
(c) information relating to offences, despite anything to the 35
contrary in section 579 of the Crimes Act 1900. 36
Page 17
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Schedule 5 Amendment of Police Integrity Commission Act 1996 No 28
(7) For the purposes of the collection, disclosure or use of vetting 1
information under this section or section 136B the information 2
may be collected, disclosed or used despite any other Act or law. 3
Note. Section 56 makes it an offence for an officer or former officer of 4
the Inspector or Commission to disclose information obtained in the 5
exercise of functions under this Act. 6
(8) This section does not restrict or prevent: 7
(a) the Inspector or Commission or any other person from 8
collecting, disclosing or using any information that the 9
Inspector, Commission or other person may otherwise 10
lawfully collect, disclose or use, or 11
(b) the Inspector or Commission from considering 12
information other than vetting information in determining 13
whether or not to appoint an applicant as an officer of the 14
Inspector or Commission. 15
(9) In this section and section 136B: 16
appoint includes engage, make use of the services of and second. 17
law enforcement agency means the following: 18
(a) the NSW Police Force, 19
(b) a Police Force of another State or Territory, 20
(c) the Australian Federal Police, 21
(d) any other authority or person responsible for the 22
enforcement of the laws of the Commonwealth or of the 23
State or another State or Territory. 24
136B Safeguards relating to use of vetting information 25
(1) The relevant body for a record must, for the period of 2 years 26
commencing on the commencement of this section (the review 27
period), keep a record of each occasion when vetting information 28
about an associate or a relative of an applicant is considered 29
under section 136A. 30
(2) The relevant body is to record whether vetting information was 31
the basis (wholly or partly) of a decision not to appoint the 32
applicant and the information relied on for that purpose. 33
(3) A person appointed by the Attorney General is to review the 34
records kept under this section at the end of the review period. 35
(4) The person appointed must be a person who is: 36
(a) a former Judge of the Supreme Court of the State or of any 37
other State or Territory, a former Judge of the Federal 38
Page 18
Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Amendment of Police Integrity Commission Act 1996 No 28 Schedule 5
Court of Australia or a former Justice of the High Court of 1
Australia, or 2
(b) a person qualified to be appointed as (but who is not) a 3
Judge or Justice of any such court. 4
(5) The relevant body may, at the request of the person conducting 5
the review, make available any records kept by the body under 6
this section and any further information requested by the person 7
that is reasonably related to the review. 8
(6) The person conducting the review must, not later than 6 months 9
after the end of the review period, report on the records to the 10
Minister and the Attorney General and provide a copy of the 11
report to the relevant body. 12
(7) A report may contain recommendations relating to the collection, 13
use and disclosure of vetting information under section 136A and 14
related procedures or practices of the relevant body. 15
(8) The relevant body for a record relating to the use of information 16
about an associate or a relative of an applicant for appointment in 17
a position: 18
(a) as an officer of the Inspector--is the Inspector, or 19
(b) as an officer of the Commission--is the Commission. 20
[6] Schedule 3 Savings, transitional and other provisions 21
Insert at the end of the Schedule with appropriate Part and clause numbering: 22
Part Provisions consequent on enactment of 23
Independent Commission Against 24
Corruption and Other Legislation 25
Amendment Act 2013 26
Previous collection, use and disclosure of vetting information 27
Any collection, use or disclosure of vetting information to or by 28
the Inspector or the Commission that occurred before the 29
commencement of section 136A, as inserted by the Independent 30
Commission Against Corruption and Other Legislation 31
Amendment Act 2013, is taken to have been validly done if the 32
collection, use or disclosure would have been valid if done on or 33
after that commencement. 34
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Independent Commission Against Corruption and Other Legislation
Amendment Bill 2013
Schedule 6 Amendment of Young Offenders Act 1997 No 54
Schedule 6 Amendment of Young Offenders Act 1
1997 No 54 2
[1] Section 17 Records of warnings 3
Insert "or the Ombudsman" after "Bureau of Crime Statistics and Research" 4
in section 17 (4). 5
[2] Section 17 (4) 6
Insert "or Ombudsman" after "Bureau" where secondly occurring. 7
[3] Section 66 Disclosure of records 8
Insert after section 66 (2): 9
(2A) Despite subsection (1), information (including records) referred 10
to in that subsection may (subject to any regulations made for the 11
purposes of subsection (3)) be divulged to the Ombudsman, or a 12
person authorised by the Ombudsman, for the purposes of the 13
exercise of any of the functions of the Ombudsman. 14
[4] Section 66 (3) 15
Insert "or (2A)" after "subsection (2) (e) or (f)". 16
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