Auditor-General Act 2009

To decide if a person is suitable to be employed under section 22 or 26, or engaged under section 27, the auditor-general may ask the commissioner of the police service for—

a written report about the criminal history of the person; and

a brief description of the circumstances of a conviction mentioned in the criminal history.

However, the auditor-general may make the request only if the person has given the auditor-general written consent for the request.

The commissioner of the police service must comply with the request.

However, the duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.

Before using information obtained under subsection (1) to decide if the person should be employed or engaged, the auditor-general must—

disclose the information to the person; and

allow the person a reasonable opportunity to make representations to the auditor-general about the information.

In this section—criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986.