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ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) ACT 1984 - SECT 21
Investigations about suitability of community justice group members
(1) The chief executive may make inquiries to decide whether a person is
suitable for appointment as, or to continue as, a member of a
community justice group.
(2) Without limiting subsection (1) , the chief
executive may ask the commissioner of the police service for the following
information— (a) a written report about the person’s criminal history;
(b) a brief description of the circumstances of any conviction mentioned in
the criminal history.
(3) The commissioner of the police service must comply
with a request under subsection (2) .
(4) However, the chief executive may
make a request about a person under subsection (2) only if the person has
given the chief executive written consent for the request.
(5) If the person
does not give the written consent to the chief executive, it is taken that the
person is not suitable for appointment as, or to continue as, a member of a
community justice group.
(6) The duty imposed on the commissioner of the
police service to comply with the request applies only to information in the
commissioner’s possession or to which the commissioner has access.
(7) The
chief executive must ensure information given to the chief executive under
subsection (3) is destroyed as soon as practicable after it is no longer
needed for the purpose for which it was requested.
(8) The chief executive
must give the person a copy of information given to the chief executive under
subsection (3) .
(9) The chief executive may delegate the chief executive’s
powers under this section to an appropriately qualified public service
officer.
(10) In this section—
"criminal history" , of a person, means the person’s criminal history as
defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other
than for a spent conviction.
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