20BAusCheck may undertake new background checks

20B AusCheck may undertake new background checks

(1) This section applies if: (a) the Secretary gives advice about a background check (the original check) of an individual under this Subdivision; and (b) the Secretary later reasonably suspects that: (i) any of the requirements of this instrument for the application for the original check were not satisfied; or (ii) the Secretary did not have all of the required information for the individual when AusCheck undertook the original check; or (iii) any of the requirements specified for the purposes of paragraph 11A(2)(f) under subsection 11A(3) in relation to the application for the original check were not satisfied; or (iv) the advice is inaccurate or incomplete. (1A) This section also applies if: (a) the Secretary cancels a background check (the original check) of an individual under subsection 11A(7) and gives advice of the cancellation under section 20A; and (b) the thing that the Secretary requested be done under subsection 11A(2) in relation to the original check is later done. (2) AusCheck may undertake a new background check of the individual. (3) If AusCheck does so, for the purposes of the AusCheck scheme: (a) the NHS entity that applied for the original check is taken to have applied for the new background check; and (b) the application for the new background check is taken to be the same as the application for the original check (as affected by subsection 11A(6)).

Note: Paragraph (b) may be relevant to whether the Secretary may make a request under subsection 11A(2) in relation to the application.