New South Wales Consolidated Acts

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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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