New South Wales Consolidated Acts

COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 1998 - SECT 35

35 Guidelines relating to procedures and standards for background checking

(1) The Minister must publish guidelines from time to time relating to the procedures and standards for background checking.

(2) Without limiting subsection (1), the guidelines must contain procedures and standards relating to:

(a) the confidentiality of information obtained for or as a result of background checking,

(b) the information to be provided to persons subject to background checking (including procedures enabling those persons to correct any such information),

(c) the information to be provided to (or withheld from) employers by agencies carrying out background checking on their behalf.

(3) The guidelines must contain provision for notifying applicants for child-related employment of information obtained about them during background checking that may adversely affect their application. The guidelines must also deal with access by employees or prospective employees to information that is or may be used in background checking.

(6) The Minister may, from time to time, amend or revoke guidelines published under this section.

(7) Guidelines made under this section, or amendments to guidelines, are to be published in the Gazette and take effect from the date of publication or such later date as is specified in the guidelines or amendments.