78AVetting of prospective staff

78A Vetting of prospective staff

78A Vetting of prospective staff

(1) Vetting information that is held by the Commission or obtained under this section may be used in determining whether to appoint a person (an applicant) as an officer of the Commission.

(2) For the purposes of this section, vetting information is information of the following kind about an applicant, or about an associate or relative of an applicant—

(a) any criminal intelligence report or other criminal information,

(b) information held in the Births, Deaths and Marriages Register,

(c) information held by Transport for NSW relating to licences or other authorities, offences or penalties,

(d) information held by Corrective Services NSW, Department of Justice,

(e) information held by the Australian Crime Commission,

(f) information held by a law enforcement agency,

(g) information held by an agency of the Commonwealth or of the State or another State or Territory investigating public sector corruption,

(h) information held by an agency of a jurisdiction outside Australia, being an agency responsible for the enforcement of laws of that jurisdiction,

(i) information prescribed by the regulations that is held by a public authority or held by a Government agency of another jurisdiction (whether in or outside Australia).

(3) The Commission may, with the consent of an applicant, request a public authority or other person or body to disclose vetting information about the applicant.

(4) The Commission may also, without consent, request a public authority or other person or body (not being an agency of a jurisdiction outside Australia) to disclose vetting information about associates or relatives of the applicant.

(5) The Commission must notify an applicant that the Commission has the power under this section to request a public authority or other person or body (not being an agency of a jurisdiction outside Australia) to disclose vetting information about associates or relatives of the applicant. The notice must be given when the consent of the applicant is sought under subsection (3) or, if consent has not been sought for the purposes of that subsection, before the first request for information about associates or relatives of the applicant is made under this section.