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PROSTITUTION ACT 1999 - SECT 108B
Extended criminal history checks
108B Extended criminal history checks
(1) This section applies in relation to the following persons— (a) a member
of the Authority;
(b) a person who is being considered for appointment as a
member of the Authority (a
"prospective member" ).
(2) The Minister may ask the commissioner for a
written report about the person’s extended criminal history.
(3) However,
if the request relates to a prospective member, the Minister may make the
request only if the person has given the Minister written consent for the
request.
(4) The commissioner must comply with the request.
(5) However,
subsection (4) applies only to information in the commissioner’s possession
or to which the commissioner has access.
(6) Before using information
obtained under subsection (2) to decide whether a person should continue or be
recommended for appointment as member of the Authority, the Minister must—
(a) disclose the information to the person; and
(b) allow the person a
reasonable opportunity to make representations to the Minister about the
information.
(7) The Minister must ensure a report given under this section
is destroyed as soon as practicable after it is no longer needed for the
purpose for which it was requested.
(8) The
Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the
asking for, or giving of, the information mentioned in subsection (2) .
(9)
To remove any doubt, it is declared that, despite the Youth Justice Act 1992 ,
part 9 , the commissioner may disclose information to which that part applies
to the Minister for complying with a request under subsection (2) .
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