New South Wales Consolidated Acts

CASINO, LIQUOR AND GAMING CONTROL AUTHORITY ACT 2007 - SECT 14

14 Persons engaged in administration of gaming and liquor legislation to be of highest integrity

(1) This section applies to the following positions:

(a) member of the Authority,

(b) member of staff designated by the Authority in writing for the purposes of this section,

(c) consultant to the Authority designated by the Authority in writing for the purposes of this section.

(2) A person is not eligible to be appointed to, or to hold, a position to which this section applies unless the person possesses the highest standard of integrity.

(3) The question of whether a person possesses the highest standard of integrity is to be determined by the person responsible for the position concerned, namely:

(a) the Minister-in the case of the position of member of the Authority, or

(b) the Authority-in the case of the position of member of staff or consultant to the Authority.

(4) For the purpose of making such a determination, the person responsible for the position must (in the case of proposed appointments) and may (in all other cases) cause to be carried out all such investigations and inquiries as the person considers proper and, in particular, must (in the case of proposed appointments) and may (in all other cases) obtain and consider a report from the Commissioner of Police in relation to any person being considered for appointment to the position, or the holder of the position, as the case requires.

(5) In carrying out any investigation or inquiry for the purposes of this section, the Authority must comply with such guidelines as the Authority may from time to time establish in connection with the conduct of such an investigation or inquiry.

(6) The Commissioner of Police is to furnish such a report at the request of the person responsible for the position and may for the purpose of the report require a person to whom the report relates to consent to having his or her photograph, finger prints and palm prints taken.

(7) If a person fails to co-operate with an investigation or inquiry under subsection (4) in relation to a position to which this section applies:

(a) in the case of a candidate for appointment to such a position, the person is not eligible to be appointed to the position, and

(b) in the case of the holder of such a position, that person is liable to be removed from the position.

(8) For the purposes of subsection (7), a person fails to co-operate with an investigation or inquiry under subsection (4) if:

(a) the person refuses or fails to comply with a request for information from the person conducting the investigation or inquiry, or

(b) the person refuses or fails to comply with a request for information from the Commissioner of Police in relation to the preparation of a report under subsection (6), or

(c) the person refuses or fails to comply with a request for consent under subsection (6).

(9) No compensation is payable to any person as a consequence of the holder of a position to which this section applies being removed from the position under subsection (7).

(10) A person is not eligible to be appointed to, or to hold, a position to which this section applies if:

(a) the person is, or was at any time during the previous 4 years, an employee of a person who is the holder of, or a close associate of the holder of, a casino licence or a party to a controlled contract with the holder of a casino licence, or

(b) the person has, or had at any time during the previous 4 years, directly or indirectly any business or financial association with, or any business or financial interest in any matter in conjunction with, a person who is the holder of, or a close associate of the holder of, a casino licence or a party to a controlled contract with the holder of a casino licence.

(11) For the purposes of subsection (10), "casino licence" includes any licence or other form of authorisation that authorises its holder to conduct casino style gaming in any place outside the State (including outside Australia).

(12) In the case of the position of a member of staff or consultant to the Authority, the Authority may waive the operation of subsection (10) in a particular case.