sec.15Obtaining police information about applicant

sec.15 Obtaining police information about applicant

The college must ask the commissioner of police for a written report containing details of the police information, if any, existing in relation to an applicant for registration or permission to teach. Also, the college may ask the commissioner of police for the following information about the applicant— a brief description of the circumstances of a conviction or charge, for an offence, mentioned in the applicant’s criminal history; information about any investigation relating to the possible commission of a serious offence or a disqualifying offence by the applicant. For subsections (1) and (2) , the college’s request may include the following information— the applicant’s name and any other name the college believes the applicant may use or have used; the applicant’s gender and date and place of birth; the applicant’s address. Subject to subsections (5) and (6) , the commissioner of police must comply with a request under subsection (1) or (2) . The commissioner of police’s obligation to comply with the request applies only to information in the possession of the commissioner or to which the commissioner has access. The commissioner of police must not give information about an investigation relating to the possible commission of a serious offence or a disqualifying offence by the applicant if— the commissioner is reasonably satisfied that giving the information— may prejudice or otherwise hinder an investigation to which the information may be relevant; or may lead to the identification of an informant; or may affect the safety of a police officer, complainant or other person; or for an investigation that has been completed—the investigation has not led, and the commissioner is reasonably satisfied it is unlikely to lead, to a reasonable suspicion that the applicant committed a serious offence or a disqualifying offence; or for an investigation that has not been completed—the commissioner is reasonably satisfied the investigation is unlikely to lead to a reasonable suspicion that the applicant committed a serious offence or a disqualifying offence. If the commissioner of police gives a written report in response to a request under subsection (1) about a person who is or has been a relevant excluded person, the report must include the following information— that the person is or has been a relevant excluded person; if the person is or has been subject to an offender prohibition order— a brief description of the conduct that gave rise to the order; and the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order; if the person is or has been subject to an offender prohibition disqualification order—the duration and details of the disqualification order. If the commissioner of police gives a written report in response to a request under subsection (1) about a person who is or has been named as the respondent for an application for an offender prohibition order, or the subject of an application for an offender prohibition disqualification order, and the order was not made, the report must include the following information— that the person is or has been named as the respondent for an application for an offender prohibition order, or the subject of an application for an offender prohibition disqualification order, and the order was not made; the reasons why the application was made; the reasons why the order was not made; if the application was for an offender prohibition order and the magistrate or court hearing the application decided not to make an offender prohibition disqualification order for the person—the reasons why the offender prohibition disqualification order was not made. The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the information mentioned in subsection (1) , (2) , (6A) or (6B) . To remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9 , the commissioner of police may disclose information to which that part applies to the college for complying with a request under subsection (1) or (2) . This section does not apply if— the college— has, under section 15D , been advised that the applicant is the holder of a working with children clearance under the Working with Children Check Act 2000 that has not been suspended under that Act; and has not, under section 15D , been advised that the college may need to have regard to the matters mentioned in section 11 (1) for deciding whether the applicant is suitable to teach; and having regard to advice given to the college under section 15D and any other information about the applicant the college is aware of, the college is reasonably satisfied that there is no police information in relation to the applicant. s 15 amd 2010 No. 5 s 175 ; 2011 No. 39 s 17 ; 2014 No. 28 s 105 sch 1 ; 2017 No. 14 s 50 sch 1 ; 2019 No. 18 s 86 (2) sch 2 ; 2024 No. 50 s 140 sch 1 ; 2024 No. 49 s 130 sch 4 pt 2 (sec.15-ssec.1) The college must ask the commissioner of police for a written report containing details of the police information, if any, existing in relation to an applicant for registration or permission to teach. (sec.15-ssec.2) Also, the college may ask the commissioner of police for the following information about the applicant— a brief description of the circumstances of a conviction or charge, for an offence, mentioned in the applicant’s criminal history; information about any investigation relating to the possible commission of a serious offence or a disqualifying offence by the applicant. (sec.15-ssec.3) For subsections (1) and (2) , the college’s request may include the following information— the applicant’s name and any other name the college believes the applicant may use or have used; the applicant’s gender and date and place of birth; the applicant’s address. (sec.15-ssec.4) Subject to subsections (5) and (6) , the commissioner of police must comply with a request under subsection (1) or (2) . (sec.15-ssec.5) The commissioner of police’s obligation to comply with the request applies only to information in the possession of the commissioner or to which the commissioner has access. (sec.15-ssec.6) The commissioner of police must not give information about an investigation relating to the possible commission of a serious offence or a disqualifying offence by the applicant if— the commissioner is reasonably satisfied that giving the information— may prejudice or otherwise hinder an investigation to which the information may be relevant; or may lead to the identification of an informant; or may affect the safety of a police officer, complainant or other person; or for an investigation that has been completed—the investigation has not led, and the commissioner is reasonably satisfied it is unlikely to lead, to a reasonable suspicion that the applicant committed a serious offence or a disqualifying offence; or for an investigation that has not been completed—the commissioner is reasonably satisfied the investigation is unlikely to lead to a reasonable suspicion that the applicant committed a serious offence or a disqualifying offence. (sec.15-ssec.6A) If the commissioner of police gives a written report in response to a request under subsection (1) about a person who is or has been a relevant excluded person, the report must include the following information— that the person is or has been a relevant excluded person; if the person is or has been subject to an offender prohibition order— a brief description of the conduct that gave rise to the order; and the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order; if the person is or has been subject to an offender prohibition disqualification order—the duration and details of the disqualification order. (sec.15-ssec.6B) If the commissioner of police gives a written report in response to a request under subsection (1) about a person who is or has been named as the respondent for an application for an offender prohibition order, or the subject of an application for an offender prohibition disqualification order, and the order was not made, the report must include the following information— that the person is or has been named as the respondent for an application for an offender prohibition order, or the subject of an application for an offender prohibition disqualification order, and the order was not made; the reasons why the application was made; the reasons why the order was not made; if the application was for an offender prohibition order and the magistrate or court hearing the application decided not to make an offender prohibition disqualification order for the person—the reasons why the offender prohibition disqualification order was not made. (sec.15-ssec.7) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the information mentioned in subsection (1) , (2) , (6A) or (6B) . (sec.15-ssec.8) To remove any doubt, it is declared that, despite the Youth Justice Act 1992 , part 9 , the commissioner of police may disclose information to which that part applies to the college for complying with a request under subsection (1) or (2) . (sec.15-ssec.9) This section does not apply if— the college— has, under section 15D , been advised that the applicant is the holder of a working with children clearance under the Working with Children Check Act 2000 that has not been suspended under that Act; and has not, under section 15D , been advised that the college may need to have regard to the matters mentioned in section 11 (1) for deciding whether the applicant is suitable to teach; and having regard to advice given to the college under section 15D and any other information about the applicant the college is aware of, the college is reasonably satisfied that there is no police information in relation to the applicant.