New South Wales Consolidated Acts

COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 1998 - SECT 38A

38A Notification of information relating to criminal history for interstate child-related employment screening

(1) The Commissioner of Police may disclose (or arrange for a member of the NSW Police Force to disclose) information relating to any criminal history of persons to the following persons for the purposes of interstate child-related employment screening:

(a) CrimTrac,

(b) a police force or service of the Commonwealth or another State or Territory,

(c) an approved interstate screening agency.

(2) A person to whom information is disclosed under subsection (1) may disclose that information to an approved interstate screening agency for the purposes of interstate child-related employment screening undertaken by the agency.

(3) The Commissioner of Police may disclose (or arrange for a member of the NSW Police Force to disclose) to an approved interstate screening agency, at the request of the agency, information relating to the circumstances of an offence or alleged offence disclosed under this section for the purposes of interstate child-related employment screening.

(4) Subsection (3) applies:

(a) for the period of 12 months after the commencement of this section, or

(b) for such further period or periods as may be prescribed by the regulations.

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

(a) information relating to convictions, including spent convictions, quashed convictions and offences for which a pardon has been given, despite anything to the contrary in the Criminal Records Act 1991 ,

(b) information relating to criminal charges, whether heard or not heard, proven, dismissed, withdrawn or discharged,

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

(6) This section does not limit the persons to whom, or the circumstances in which, information relating to the criminal history, including the criminal record of persons, may be disclosed apart from this Act.

(7) In this section:
"approved interstate screening agency" means:

(a) a person or body prescribed by the regulations, or

(b) a body that is authorised under a law of the Commonwealth, another State or a Territory to conduct interstate child-related employment screening and is approved by the Minister for the purposes of this section.

"interstate child-related employment screening" means using information about persons who work, or seek to work with children, in a way that is authorised or required under a law of the Commonwealth, another State or a Territory, for the purpose of estimating the risk to the safety of children posed by any such person if working with children.