12Preliminary assessment by Secretary that an individual has an unfavourable criminal history

12 Preliminary assessment by Secretary that an individual has an unfavourable criminal history

(1) This section applies if: (a) AusCheck is undertaking a background check of an individual; and (b) the Secretary makes a preliminary assessment that the individual has an unfavourable criminal history. (2) The Secretary must give the individual a written notice that: (a) set outs the preliminary assessment and the reasons for the preliminary assessment; and (b) informs the individual that the individual may, on or before a day (the specified day) specified in the notice, make representations to the Secretary about the preliminary assessment. (3) The specified day must be at least: (a) if the application for the background check of the individual was made under a provision referred to in paragraph 8(1)(a) or subsection 11(1), or under section 21G—28 days after the notice is given; or (b) otherwise—14 days after the notice is given. (4) The individual may, before the specified day, request the Secretary to specify a later day for the making of representations about the preliminary assessment. (5) If the individual makes a request under subsection (4), the Secretary may, by written notice given to the individual, specify a later day for the making of representations about the preliminary assessment. (6) The Secretary must not give advice about the background check of the individual under Division 5 of this Part before: (a) if the individual makes representations about the preliminary assessment on or before the specified day (or any later day specified under subsection (5))—those representations are considered by the Secretary; or (b) otherwise—the end of the specified day (or any later day specified under subsection (5)).