AusCheck Act 2007

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

the making of applications for a background check by the individual to whom the background check relates;

the making of applications for a background check by a person other than the individual to whom the background check relates, with the consent of the individual to whom the background check relates;

the information that is to be contained in an application for a background check;

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

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

the form of advice to be given to the applicant for a background check;

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

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

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

all background checks to be conducted for the purposes of paragraphs 8(1)(a) and (b); or

a specified class of background checks.

Without limiting the way in which a class of background checks may be described for the purposes of subsection (2), a class may be described by reference to a specified legislative or non‑legislative scheme, a specified law of the Commonwealth, specified provisions of a law of the Commonwealth or specified purposes.

For the purposes of paragraph (1)(b), an individual is taken to have given consent to another person making an application for a background check in relation to the individual if:

the individual has applied for:

an ASIC or MSIC; or

any other card, licence, permit or authorisation; and

before making the application referred to in paragraph (a), the individual was advised by the person to whom that application was made, in accordance with the requirements (if any) specified in the regulations, that a background check was a precondition to:

the issuing of the card, licence, permit or authorisation; or

if the background check is required or permitted to be conducted as referred to in paragraph 8(1)(a) in a particular circumstance—the individual’s continuing eligibility to hold the card in that circumstance.