New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 40A
Power to audit declarations made by exempt workers
40A Power to audit declarations made by exempt workers
(1) This section applies to a statutory declaration provided to an employer by
an exempt worker that contains information relating to the offences specified
in Schedule 2.
(2) The Children's Guardian may audit the accuracy of the
statutory declaration, or may authorise a person to carry out such an audit.
(3) The Children's Guardian may authorise a person under this section only if
the Privacy Commissioner advises the Children's Guardian, in writing, that the
Privacy Commissioner is satisfied that the person is able to adequately
provide for the security of any information obtained in the exercise of
functions pursuant to the authorisation.
(4) The Commissioner of Police is
authorised to disclose (or arrange for a member of the NSW Police Force to
disclose) the following information for the purposes of this section-- (a)
information relating to spent convictions, despite anything to the contrary in
the Criminal Records Act 1991 ,
(b) information relating to offences,
despite anything to the contrary in section 579 of the Crimes Act 1900 .
(5)
If a person authorised under this section reasonably believes that a statutory
declaration is inaccurate, the person must, as soon as practicable, inform the
Children's Guardian and provide any information relevant to that belief to the
Children's Guardian.
(6) The Children's Guardian may disclose information
obtained under this section to the following persons-- (a) the person who made
the statutory declaration,
(b) the employer of that person,
(c) a police
officer of the State or of the Commonwealth or another State or Territory,
(d) the Ombudsman,
(e) any other investigative agency that the Children's
Guardian considers appropriate,
(f) the Department,
(g) the Director of
Public Prosecutions,
(h) a court or tribunal,
(i) an approved interstate
screening agency,
(j) the Minister,
(k) the Privacy Commissioner,
(l) any
other person approved by the Privacy Commissioner and prescribed in the
regulations.
(7) The Minister may give the Children's Guardian a written
direction on the exercise of functions under this section and the Children's
Guardian is to comply with the direction.
(8) In this section,
"exempt worker" means a worker who is exempted by the regulations from the
requirement to hold a clearance.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback