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PUBLIC SERVICE ACT 2008 - SECT 165A
Chief executive may decide to obtain criminal history
165A Chief executive may decide to obtain criminal history
(1) This section applies if the chief executive (employment screening)— (a)
issues a working with children authority to a person to be engaged by a
department to perform either or both of the following (
"prescribed duties" )— (i) child-related duties;
(ii) regulated employment;
and
(b) under the Working with Children Act , section 235 or 293 , gives the
chief executive of the department a notice stating that the chief executive
may need to undertake a further assessment of the person under this division
to decide whether or not the department should engage the person.
(2) If the
chief executive proposes to engage the person to perform the
prescribed duties, the chief executive may, under a part 6 directive, ask the
person for written consent for the chief executive to obtain the person’s
criminal history under this division.
(3) Subsection (2) applies even if the
person is an employee of the department at the time the chief executive
proposes to engage the person to perform the prescribed duties.
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