19Advice about background check of an individual—application made by an NHS entity

19 Advice about background check of an individual—application made by an NHS entity

(1) This section applies if: (a) an application for a background check of an individual is made by an NHS entity under the provision referred to in subsection 11(1); and (b) AusCheck undertakes a background check of the individual. Advice relating to criminal history etc. (2) The Secretary must advise the NHS entity: (a) whether or not the individual has an unfavourable criminal history; and (b) whether or not a security assessment of the individual is an adverse security assessment or qualified security assessment; and (c) if the background check includes an assessment of information relating to whether the individual is an unlawful non‑citizen or holds a visa entitling the individual to work in Australia—the result of that assessment. (3) If the Secretary advises the NHS entity under paragraph (2)(a) that the individual has a qualified criminal record, the advice must be accompanied by a document setting out the health security relevant offences to which the qualified criminal record relates. (4) If the Secretary advises the NHS entity under paragraph (2)(a) that the individual has an unfavourable criminal history, the Secretary must inform the individual of that advice and the reasons for that advice.