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MAJOR SPORTS FACILITIES AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 18

Insertion of new ss 17A to 17C

18 Insertion of new ss 17A to 17C

Part 3, division 3—
insert—

17A Criminal history report
(1) To decide if a person is qualified to be or continue as a director, the chief executive may ask the commissioner of the police service for—
(a) a written report about the criminal history of the person; and
(b) a brief description of the circumstances of a conviction mentioned in the criminal history.
(2) However, the chief executive may make the request only if the person has given the chief executive written consent for the request.
(3) The commissioner of the police service must comply with the request.
(4) However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.
(5) After receiving the report, the chief executive must—
(a) disclose the contents of the report to the person; and
(b) allow the person a reasonable opportunity to make written representations to the chief executive about the report.
(6) 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 to the extent the criminal history relates to convictions for indictable offences, other than spent convictions.

"spent conviction" means a conviction—
(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and
(b) that is not revived as prescribed by section 11 of that Act.
17C New convictions must be disclosed
(1) This section applies if a person who is a director is convicted of an indictable offence during the term of the director’s appointment.
(2) The person must, unless the person has a reasonable excuse, immediately give notice of the conviction to the chief executive.
Penalty—
Maximum penalty—100 penalty units.
(3) The notice must include all of the following—
(a) the existence of the conviction;
(b) when the offence was committed;
(c) details adequate to identify the offence;
(d) the sentence imposed on the person.
17D Confidentiality of criminal history information
(1) This section applies to a person who possesses either of the following because the person is or was an officer, employee or agent of the department—
(a) a report or information given to the chief executive under section 17A;
(b) a notice or information given to the chief executive under section 17C.
(2) The report, notice or information is
"criminal history information" .
(3) The person must not, directly or indirectly, disclose criminal history information to any other person unless the disclosure is permitted under subsection (4).
Penalty—
Maximum penalty—100 penalty units.
(4) The person is permitted to disclose the criminal history information to another person—
(a) to the extent necessary to perform the person’s functions under this Act; or
(b) if the disclosure is authorised under an Act; or
(c) if the disclosure is otherwise required or permitted by law; or
(d) if the person to whom the information relates consents to the disclosure; or
(e) if the disclosure is in a form that does not identify the person to whom the information relates; or
(f) if the information is, or has been, lawfully accessible to the public.
(5) The chief executive must ensure a document containing criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.



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