11ASecretary may request information etc. for background checks

11A Secretary may request information etc. for background checks

(1) This section applies if an application is made for one or more background checks of an individual. Secretary may request information etc. (2) The Secretary may, in writing, request: (a) the individual; or (aa) if the individual is not the applicant—the applicant; (b) the issuing body, NHS entity, organising body or responsible entity that applied for the background check (if the individual did not apply for the background check); or (c) if the individual holds an ASIC or MSIC—the issuing body that issued the card; to do a specified thing (including giving specified information) if the Secretary reasonably suspects that doing the thing is necessary for the purposes of: (d) meeting any requirements of this instrument for the application; or

Example: The requirements of subsection 8(3), (4), (5) or 11(3).

(e) ensuring that the Secretary has all of the required information for the individual; or
(f) if the application is made under subsection 9(2), 10(2), 11(2), 11AJ(3), 16A(3), 20B(3), 21C(3) or 21DC(5)—meeting any requirements specified for the purposes of this paragraph under subsection (3) of this section in relation to the application; or
(g) completing the background check.

(3) The Secretary may, by notifiable instrument, specify requirements for the purposes of paragraph (2)(f). Day by which request must be complied with (4) The request must specify the day on or before which the thing must be done. The day must be at least 30 days after the date of the notice. (5) The Secretary may, on application in writing, extend the time for doing the thing and specify a later day on or before which the thing must be done. Information taken to be included in application (6) For the purposes of the AusCheck scheme, any information given to the Secretary in response to the request is taken to form part of the application for the background check. Consequences if request not complied with (7) The Secretary may cancel the background check if the thing is not done by the specified day.

Note: See also sections 15A and 20A (AusCheck may advise issuing body etc. of the cancellation).