(2) For the
purposes of this section,
"vetting information" is information of the following kind about an applicant,
or about an associate or relative of an applicant--
(a) any criminal
intelligence report or other criminal information,
(b) information held in
the Births, Deaths and Marriages Register,
(c) information held by Transport
for NSW relating to licences or other authorities, offences or penalties,
(d)
information held by Corrective Services NSW, Department of Attorney General
and Justice,
(e) information held by the Australian Crime Commission,
(g) information held by an
agency of the Commonwealth or of the State or another State or Territory
investigating public sector corruption,
(h) information held by an agency of
a jurisdiction outside Australia, being an agency responsible for the
enforcement of laws of that jurisdiction,
(i) information prescribed by the
regulations that is held by a public authority or held by a Government agency
of another jurisdiction (whether in or outside Australia).
(5) The Inspector or Commission
must notify an applicant that the Inspector or Commission has the power under
this section to request a public authority or other person or body (not being
an agency of a jurisdiction outside Australia) to disclose vetting information
about associates or relatives of the applicant. The notice must be given when
the consent of the applicant is sought under subsection (3) or, if consent has
not been sought for the purposes of that subsection, before the first request
for information about associates or relatives of the applicant is made under
this section.
(7) The
Commissioner of Police is authorised at any time to disclose (or arrange for a
member of the NSW Police Force to disclose) to the Inspector or Commission
information about the criminal history of a person for the purposes of this
section, including the following--
(a) information relating to spent
convictions, despite anything to the contrary in the Criminal Records Act
1991 ,
(b) information relating to criminal charges, whether 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proven, dismissed, withdrawn or discharged,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 .
(8) For the purposes of the collection, disclosure or use of
vetting information under this section or section 104D, the information may be
collected, disclosed or used despite any other Act or law.
(a) the Inspector
or Commission or any other person from collecting, disclosing or using any
information that the Inspector, Commission or other person may otherwise
lawfully collect, disclose or use, or