21AAdvice about background check of an individual—application made by organising body etc.

21A Advice about background check of an individual—application made by organising body etc.

(1) This section applies if, under section 11AA, 11AB or 21C, AusCheck undertakes a background check of an individual in connection with the accreditation of the individual in relation to a major national event. Advice relating to criminal history etc. (2) The Secretary must advise the organising body for the major national event: (a) if the background check included an assessment of the individual’s criminal history—whether or not the individual has an unfavourable criminal history; and (b) if the background check included a security assessment of the individual—whether or not the security assessment of the individual is an adverse security assessment or qualified security assessment; and (c) if the background check included 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 organising body under paragraph (2)(a) that the individual has an unfavourable criminal history, the Secretary: (a) must include in the advice whether the individual has been convicted of an MNE level 1 disqualifying offence, an MNE level 2 offence or an MNE level 3 offence; and (b) must not include in the advice details of the type of offence of which the individual has been convicted; and (c) must inform the individual of that advice and the reasons for that advice. (4) If: (a) the Secretary has advised the organising body that the individual has been convicted of an MNE level 2 offence or an MNE level 3 offence (the relevant MNE offence); and (b) the organising body requests the Secretary, in writing, to provide to the organising body details of the relevant MNE offence; and (c) the individual provides express consent for the Secretary to provide details of the relevant MNE offence to the organising body; the Secretary must provide to the organising body a document setting out the details of the relevant MNE offence and any sentence imposed for the offence.