sec.12ASuitability to work in child-related field—interstate information

sec.12A Suitability to work in child-related field—interstate information

In considering whether a person is suitable to work in a child-related field as mentioned in section 12 (1) (b) , the college must consider whether the person poses a risk of harm to children. In considering whether the person poses a risk of harm to children, the college must have regard to— the person’s expanded interstate criminal history; and any other information, that relates to the person’s expanded interstate criminal history, disclosed by the commissioner of police under section 15 , or an interstate commissioner of police under section 15A . In having regard to the matters mentioned in subsection (2) , the college must consider the following matters relating to information about the commission, or alleged or possible commission, of an offence by the person— when the offence was committed, is alleged to have been committed or may possibly have been committed; the nature of the offence and its relevance to the duties of a teacher; anything else the college considers relevant to deciding whether the person poses a risk of harm to children. This section does not limit the matters the college may consider under section 11 (2) or 12 (1) (b) . However, despite section 11 or 12 , in considering whether a person is suitable to teach, the college may have regard to the person’s expanded interstate criminal history, or information of the type mentioned in subsection (2) (b) , only to consider whether the person poses a risk of harm to children. This section implements the Council of Australian Governments’ (COAG) agreement dated 29 November 2008 to facilitate the inter-jurisdictional exchange of criminal history information for people working with children. A copy of COAG’s communiqué about the agreement is available on COAG’s website. s 12A ins 2009 No. 48 s 48 (sec.12A-ssec.1) In considering whether a person is suitable to work in a child-related field as mentioned in section 12 (1) (b) , the college must consider whether the person poses a risk of harm to children. (sec.12A-ssec.2) In considering whether the person poses a risk of harm to children, the college must have regard to— the person’s expanded interstate criminal history; and any other information, that relates to the person’s expanded interstate criminal history, disclosed by the commissioner of police under section 15 , or an interstate commissioner of police under section 15A . (sec.12A-ssec.3) In having regard to the matters mentioned in subsection (2) , the college must consider the following matters relating to information about the commission, or alleged or possible commission, of an offence by the person— when the offence was committed, is alleged to have been committed or may possibly have been committed; the nature of the offence and its relevance to the duties of a teacher; anything else the college considers relevant to deciding whether the person poses a risk of harm to children. (sec.12A-ssec.4) This section does not limit the matters the college may consider under section 11 (2) or 12 (1) (b) . (sec.12A-ssec.5) However, despite section 11 or 12 , in considering whether a person is suitable to teach, the college may have regard to the person’s expanded interstate criminal history, or information of the type mentioned in subsection (2) (b) , only to consider whether the person poses a risk of harm to children. This section implements the Council of Australian Governments’ (COAG) agreement dated 29 November 2008 to facilitate the inter-jurisdictional exchange of criminal history information for people working with children. A copy of COAG’s communiqué about the agreement is available on COAG’s website.