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PUBLIC SECTOR ACT 2022 - SECT 80
Commissioner must make directive for this part
80 Commissioner must make directive for this part
(1) The commissioner must make a directive for this part.
(2) The directive
must include provision for— (a) the circumstances in which a chief executive
may decide it is necessary to obtain the criminal history of a person; and
(b) the following matters— (i) the types of places a chief executive may
decide are places at which services are provided only or mainly to a child or
children;
(ii) the types of roles a chief executive may decide involve
providing services only or mainly to a child or children;
(iii) the duties
that involve contact with a child or children that is of a type, or happens in
a context, that may create an unacceptable level of risk for the child or
children; and
(c) giving a person a reasonable opportunity to make written
representations about a criminal history report before an adverse decision
relating to the person is made.
(3) In this section—
"adverse decision" , relating to a person, means a decision about the
person’s suitability for engagement or continued engagement to perform—
(a) relevant duties in relation to which a criminal history report was
obtained, other than a decision that the person is suitable for engagement to
perform the relevant duties; or
(b) child-related duties, other than a
decision that the person is suitable for engagement to perform the
child-related duties; or
(c) duties that are regulated employment, other than
a decision that the person is suitable to perform the duties.
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