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CHILD PROTECTION ACT 1999 - SECT 140A
Chief executive to give particular information to chief executive (employment screening)
140A Chief executive to give particular information to chief executive
(employment screening)
(1) This section applies if the chief executive— (a) amends, suspends or
cancels a person’s certificate of approval under this division (a
"disciplinary action" ); and
(b) reasonably believes the disciplinary action
may be relevant to the functions or powers of the chief executive (employment
screening) under the Working with Children Act .
(2) The chief executive must
give written notice of the disciplinary action to the chief executive
(employment screening).
(3) A notice under subsection (2) must state the
following— (a) the person’s name and address;
(b) the person’s date and
place of birth;
(c) that disciplinary action has been taken against the
person, without stating anything further about the disciplinary action.
(4)
Subsection (5) applies if the chief executive (employment screening)— (a)
requests further information about the disciplinary action; and
(b) notifies
the chief executive that the person holds a working with children authority or
has made a working with children check application.
(5) The chief executive
must give the chief executive (employment screening) a written notice stating
the following— (a) the form of disciplinary action taken;
(b) when the
conduct happened that constituted a ground for the disciplinary action;
(c)
the nature of the conduct that constituted a ground for the
disciplinary action;
(d) any other information about the disciplinary action
the chief executive considers may be relevant to employment screening under
the Working with Children Act , chapter 8 , including, for example, details
about the nature of the disciplinary action.
(6) A notice given under
subsection (2) or (5) must not contain information that identifies, or is
likely to identify, a particular child.
(7) If the chief executive gives the
chief executive (employment screening) information under subsection (5) about
disciplinary action and the disciplinary action is set aside on review or
appeal, the chief executive must notify the chief executive (employment
screening) of the following— (a) the disciplinary action has been set aside;
(b) the reasons given by the entity that set the disciplinary action aside for
setting it aside.
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