CORRECTIONAL SERVICES ACT 1982 - SECT 85CB
CORRECTIONAL SERVICES ACT 1982 - SECT 85CB
85CB—Disclosure of information relating to criminal history
(1) The CE may request
the Commissioner of Police to provide to the CE any prescribed information
about a relevant person to which the Commissioner has access.
(2) Nothing in
subsection (1) is to be taken to require the Commissioner of Police to
provide information that the Commissioner considers—
(a) may
prejudice or otherwise hinder an investigation to which the information may be
relevant; or
(b) may
lead to the identification of an informant; or
(c) may
affect the safety of a police officer, complainant or other person.
(3) To avoid doubt, a
request may be made and prescribed information may be provided under this
section without the consent of the relevant person to whom the information
relates.
(4) Without limiting
section 6 but despite any other Act or law, if, in relation to an
application of—
(a) a
person applying for appointment as an officer or employee of the Department;
or
(b) an
officer or employee of the Department applying for appointment to a
designated position,
the CE refuses the application on the basis of prescribed information provided
under this section, the CE is not required to provide to the applicant any
grounds or reasons for the refusal other than that it was made in the public
interest or that it would be contrary to the public interest if the
application were not refused.
(5) In this
section—
"designated position" means an appointment to a position in the Department
designated by the CE;
"prescribed information", in relation to a relevant person, means the
following information:
(a)
information or a report about the person's criminal history;
(b)
other information that relates to whether the person is suitable—
(i)
to be, or to continue to be, employed or engaged by the
Department or a service provider; or
(ii)
to perform voluntary work or other activities in a
correctional institution;
"relevant person" means any of the following persons:
(a) an
officer or employee of the Department;
(b) a
person applying for appointment as an officer or employee of the Department;
(c) any
other person who performs a function under this Act;
(d) a
service provider;
(e) a
person who performs or seeks to perform voluntary work or other activities in
a correctional institution;
"service provider"—if services are to be provided by a person or body in
connection with the performance of functions of the Minister, CE or Department
under an agreement or arrangement with the Minister, CE or Department, the
person or body who provides the services is a service provider.