Queensland Consolidated Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 199

199 Criminal history checks

(1) This section applies in relation to the following persons—

(a) an adjudicator;

(b) a person who is being considered for appointment as an adjudicator (a
"prospective adjudicator" ).

(2) The Minister may ask the commissioner of the police service for—

(a) a written report about the person’s criminal history; and

(b) a brief description of the circumstances of a conviction or charge mentioned in the person’s criminal history.

(3) However, if the request relates to a prospective adjudicator, the Minister may make the request only if the person has given the Minister written consent for the request.

(4) The commissioner of the police service 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 to be an adjudicator or be nominated for appointment as an adjudicator 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.