21DCAusCheck may undertake new background checks

21DC 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 under subsection 11A(3) for the purposes of paragraph 11A(2)(f) in relation to the application for the original check were not satisfied; or (iv) the advice is inaccurate or incomplete. (2) 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 21DB; and (b) the thing that the Secretary requested be done under subsection 11A(2) in relation to the original check is later done. (3) This section also applies if an individual informs the Secretary, as required under section 21ZB, that the individual has been convicted of a CIRMP level 1 offence or has been convicted of a CIRMP level 2 offence and sentenced to any term of imprisonment for the offence. (4) AusCheck may undertake a new background check of the individual. (5) If AusCheck does so, for the purposes of the AusCheck scheme: (a) the applicant of 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 (if any) for the original check (as affected by subsection 11A(6)).

Note: Paragraph (5)(b) may be relevant to whether the Secretary may make a request under subsection 11A(2) in relation to the application.