Victorian Consolidated Legislation

Corrections Act 1986 - SECT 9B

Police inquiry and report

9B. Police inquiry and report





(1) Before-

   (a)  the Minister enters into an agreement under section 8B(1); or





   (b)  the Secretary enters into an agreement under section 9(1); or



   (c)  the Secretary authorises a person under section 9A(1) to exercise any
        functions or powers-

the Secretary must request the Chief Commissioner of Police to inquire into
and report to him or her on the character, honesty and integrity of any
relevant person.

(1A) Before the Chief Commissioner of Police-

   (a)  enters into an agreement under section 9AA; or

   (b)  authorises a person under section 9A(1A) or (1B) to exercise any
        functions or powers-

the Chief Commissioner of Police must inquire into the character, honesty and
integrity of any relevant person.

(2) For the purposes of this section a person is a relevant person if he or
she-

   (a)  is the proposed contractor; or

   (b)  holds or will hold a position of director, manager or secretary or any
        other executive position (however designated) whether in his or her
        own right or on behalf of any other person, in the proposed business
        of the contractor as a provider of services under this Act; or

   (c)  has or will have a share in the capital of, or an entitlement to
        receive any income derived from, the proposed business of the
        contractor as a provider of services under this Act and as a result is
        or will be able to exercise a significant influence over or with
        respect to the management or operation of that business; or

   (d)  is or will be entitled to exercise a power (whether by voting or
        otherwise and whether alone or in association with others)-

   (i)  to participate in any directorial, managerial or executive decision of
        the contractor as a provider of services under this Act; or

   (ii) to elect or appoint any person to a position referred to in paragraph
        (b); or

   (e)  is employed or will be employed by the contractor or proposed
        contractor.

(3) The Chief Commissioner of Police must cause appropriate enquiries to be
made in response to a request made under subsection (1) and report the results
of those enquiries to the Secretary.

(4) The Secretary must give a copy of a report under subsection (3) to the
Minister if it was sought in relation to a proposed agreement under section
8B(1).