New South Wales Consolidated Acts

COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 1998 - SECT 38

38 Notification of information relating to relevant criminal records or other orders

(1) The Commissioner of Police may, in accordance with this Division and the regulations, disclose (or arrange for a member of the NSW Police Force to disclose) to the Commission, and to any employer (or employer-related body) approved by the Minister, information relating to any relevant criminal record of persons, or any relevant apprehended violence orders in respect of persons, or any child protection prohibition orders in respect of persons, for the purposes of background checking.

(2) The Commission and any such approved employer (or employer-related body) may, in accordance with this Division and the regulations, disclose that information to other employers for the purposes of background checking undertaken by the Commission or approved employer (or employer-related body).

(3) Information that may be disclosed under this section includes:

(a) information relating to spent convictions, despite anything to the contrary in the Criminal Records Act 1991 , and

(b) information relating to criminal charges, whether or not heard, proven, dismissed, withdrawn or discharged, and

(c) information relating to offences, despite anything to the contrary in section 579 of the Crimes Act 1900 .

(4) This section does not limit the persons to whom, or the circumstances in which, the criminal record of persons, or information relating to relevant apprehended violence orders in respect of persons, may be disclosed apart from this Act.