5Definition of background check

5 Definition of background check

A background check, in relation to an individual, is an assessment of information relating to one or more of the following: (a) the individual’s criminal history; (aa) if required or permitted under a regulation made under subsection 8(3): (i) whether the individual has been charged with a serious offence; or (ii) whether a charge for a serious offence has been resolved in relation to the individual; (b) matters relevant to a security assessment (as defined in subsection 35(1) of the Australian Security Intelligence Organisation Act 1979) of the individual; (ba) if the background check is conducted for the purposes of paragraph 8(1)(a) or (f)—matters relevant to a criminal intelligence assessment (within the meaning of Part III of the Australian Crime Commission Act 2002) of the individual; (bb) if the background check is conducted for the purposes of paragraph 8(1)(e)—whether a court martial or a Defence Force magistrate: (i) has convicted the individual of a service offence (other than a Schedule 1A offence); or (ii) has convicted the individual of a Schedule 1A offence and imposed a punishment of imprisonment on the individual; (c) the individual’s citizenship status, residency status or the individual’s entitlement to work in Australia, including but not limited to, whether the person is an Australian citizen, a permanent resident or an unlawful non‑citizen; (d) the identity of the individual.