Interventions not to be disclosed as criminal history
68 Interventions not to be disclosed as criminal history
If a person has been the subject of a warning, caution or conference under this Act—
the person is not required to disclose to any other person for any purpose information concerning the warning, caution or conference, and
a question concerning the person’s criminal history is taken not to refer to any such warning, caution or conference, and
in the application to the person of a provision of an Act or statutory instrument, a reference in the provision to the person’s character or fitness is not to be interpreted as permitting or requiring account to be taken of any such warning, caution or conference.
In so far as a caution or conference is concerned, subsection (1) does not apply in relation to—
an application by a person for appointment or employment as a judge, justice of the peace, police officer, prison officer, teacher or teachers aide, or
an offence of arson or attempted arson if the person seeks to be appointed or employed in fire fighting or fire prevention, or
proceedings before the Children’s Court (including a decision concerning sentencing), or
an application by a person for a clearance, the risk assessment of a person, or an application for review of a decision, under the Child Protection (Working with Children) Act 2012 or the National Disability Insurance Scheme (Worker Checks) Act 2018.
This Act’s bill:Explanatory memorandumSecond reading speech
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