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INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 104D
Safeguards relating to use of vetting information
104D Safeguards relating to use of vetting information
(1) The relevant body for a record must, for the period of 2 years commencing
on the commencement of this section (the
"review period" ), keep a record of each occasion when vetting information
about an associate or a relative of an applicant is considered under
section 104C.
(2) The relevant body is to record whether vetting information
was the basis (wholly or partly) of a decision not to appoint the applicant
and the information relied on for that purpose.
(3) A person appointed by the
Attorney General is to review the records kept under this section at the end
of the review period.
(4) The person appointed must be a person who is-- (a)
a former Judge of the Supreme Court of the State or of any other State or
Territory, a former Judge of the Federal Court of Australia or a former
Justice of the High Court of Australia, or
(b) a person qualified to be
appointed as (but who is not) a Judge or Justice of any such court.
(5) The
relevant body may, at the request of the person conducting the review, make
available any records kept by the body under this section and any further
information requested by the person that is reasonably related to the review.
(6) The person conducting the review must, not later than 6 months after the
end of the review period, report on the records to the Minister and the
Attorney General and provide a copy of the report to the relevant body.
(7) A
report may contain recommendations relating to the collection, use and
disclosure of vetting information under section 104C and related procedures or
practices of the relevant body.
(8) The
"relevant body" for a record relating to the use of information about an
associate or a relative of an applicant for appointment in a position-- (a) as
an officer of the Inspector--is the Inspector, or
(b) as an
officer of the Commission--is the Commission.
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