OMBUDSMAN ACT 2001 - SECT 78B Criminal history report

OMBUDSMAN ACT 2001 - SECT 78B

78B Criminal history report

(1) To decide if a person is suitable to be employed under section 76 or 78 , or seconded under section 77 , the ombudsman may ask the commissioner of the police service for—

(a) a written report about the criminal history of the person; and

(b) a brief description of the circumstances of a conviction mentioned in the criminal history.

(2) However, the ombudsman may make the request only if the person has given the ombudsman written consent for the request.

(3) The commissioner of the police service must comply with the request.

(4) However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.

(5) Before using information obtained under subsection (1) to decide if the person should be employed or seconded, the ombudsman must—

(a) disclose the information to the person; and

(b) allow the person a reasonable opportunity to make representations to the ombudsman about the information.