Matters covered by AusCheck scheme—background checks required or permitted under regulations made under this Act

In force

(1)

The AusCheck scheme may, for the purposes of paragraph 8(1)(c), make provision for and in relation to the following:

(a)

the giving to the Secretary of information, relating to an individual in respect of whom a background check is conducted, that is directly necessary for the purpose of conducting the background check;

(b)

the criteria against which a background check is to be assessed;

(c)

the decision or decisions that may be made as a result of a background check;

(d)

the form of advice to be given to an individual in respect of whom a background check is conducted;

(e)

the form of advice to be given to other persons about the outcome of a background check.

(2)

The matters referred to in subsection (1) may relate to:

(a)

all background checks to be conducted for the purposes of paragraph 8(1)(c); or

(b)

a specified class of background checks.

(3)

The AusCheck scheme may, for the purposes of paragraph 8(1)(c), make provision for and in relation to an individual or an issuing body notifying the Secretary of specified matters if:

(a)

one of the following applies:

(i)

the individual has applied to an issuing body for an ASIC or MSIC, and the issuing body has neither issued, nor refused to issue, the ASIC or MSIC;

(ii)

the individual or an issuing body has applied under regulations made under the Aviation Transport Security Act 2004 or the Maritime Transport and Offshore Facilities Security Act 2003 for approval to issue an ASIC or MSIC to the individual, and the application has not been determined;

(iii)

the individual is the holder of an ASIC or MSIC;

(iv)

the individual or an issuing body has applied under regulations made under either of those Acts to set aside the cancellation of an ASIC or MSIC issued to the individual;

(v)

the individual has applied to the Administrative Review Tribunal for review of a decision made under regulations made under either of those Acts, or a decision made under the AusCheck scheme, relating to the issue, suspension or cancellation of an ASIC or MSIC, and the application has not been determined; and

(b)

the individual has been charged with a serious offence, or a charge for a serious offence has been resolved in relation to the individual; and

(c)

in the case of an issuing body:

(i)

the individual applied to the issuing body for the ASIC or MSIC; or

(ii)

the issuing body issued the ASIC or MSIC to the individual.

This Act’s bill:Explanatory memorandum Second reading speech

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10 Matters covered by AusCheck scheme—background checks required or permitted under regulations made under this Act