256Power to obtain criminal history report

256 Power to obtain criminal history report

(1) The Board or the Commission, as the case requires, may request by notice an entity referred to in subsection (2) to provide a written report about criminal history of—

(a) an applicant for registration or a person whom the Board is considering whether to register as a disability student; or

(b) a registered disability worker or a disability student; or

(c) an unregistered disability worker.

(2) A criminal history report referred to in subsection (1) may be requested from any of the following entities—

(a) the ACC;

(b) the Chief Commissioner;

S. 256(2)(c) amended by No. 34/2020 s. 205(a).

(c) an entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction;

S. 256(2)(d) inserted by No. 34/2020 s. 205(b).

(d) a prescribed entity.

(3) Without limiting subsection (1), a criminal history report may be requested—

(a) to enable the Board to check a statement made by a registered disability worker or disability student in the application for renewal of registration; or

(b) as part of an audit carried out by the Board, to check statements made by registered disability workers or disability students; or

(c) to enable the Commissioner to determine whether to make an interim prohibition order or prohibition order in relation to an unregistered disability worker.

(4) A criminal history law does not apply to a criminal history report.

(5) An entity to which a notice under subsection (1) is given is authorised to give the Board or the Commission, as the case requires, the information requested in the notice.

S. 256(6) amended by No. 58/2025 s. 24.

(6) For the purpose of a request under subsection (1), the Board or the Commission, as the case requires, may give the entity any information concerning the applicant, registered disability worker, disability student or unregistered disability worker that is necessary to conduct a check on any criminal record of that person.

S. 257 (Heading) amended by Nos 19/2019 s. 233(1), 9/2023 s. 139(1).