sec.15BObtaining information from director of public prosecutions

sec.15B Obtaining information from director of public prosecutions

If the college becomes aware that an applicant for registration or permission to teach has been charged with or convicted of an offence, the college may, by notice, ask the director of public prosecutions for the following— a written statement briefly describing the circumstances of a charge or conviction for the offence; a copy or written summary of evidentiary material about the offence; if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with. 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 director of public prosecutions may comply with a request under subsection (1) if the director reasonably believes the statement, copy or summary may help the college in deciding whether the applicant is suitable to teach. Without limiting subsection (3) , the director of public prosecutions must not give the college a copy or written summary of evidentiary material about the offence that relates only to a person other than the applicant. The director of public prosecutions must not give information, or a document containing information, to the college under this section if the director is reasonably satisfied that giving the information may do any of the following— prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; endanger a person’s life or physical safety; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before a court. The giving of information, or a document containing information, under this section by the director of public prosecutions is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See section 283 for restrictions on disclosing or giving access to information or documents obtained under this Act. Without limiting subsection (6) , this section applies despite the Director of Public Prosecutions Act 1984 , section 24A . s 15B ins 2010 No. 5 s 176 amd 2016 No. 46 s 21 (sec.15B-ssec.1) If the college becomes aware that an applicant for registration or permission to teach has been charged with or convicted of an offence, the college may, by notice, ask the director of public prosecutions for the following— a written statement briefly describing the circumstances of a charge or conviction for the offence; a copy or written summary of evidentiary material about the offence; if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with. (sec.15B-ssec.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. (sec.15B-ssec.3) The director of public prosecutions may comply with a request under subsection (1) if the director reasonably believes the statement, copy or summary may help the college in deciding whether the applicant is suitable to teach. (sec.15B-ssec.4) Without limiting subsection (3) , the director of public prosecutions must not give the college a copy or written summary of evidentiary material about the offence that relates only to a person other than the applicant. (sec.15B-ssec.5) The director of public prosecutions must not give information, or a document containing information, to the college under this section if the director is reasonably satisfied that giving the information may do any of the following— prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; endanger a person’s life or physical safety; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a prosecution or another matter before a court. (sec.15B-ssec.6) The giving of information, or a document containing information, under this section by the director of public prosecutions is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. See section 283 for restrictions on disclosing or giving access to information or documents obtained under this Act. (sec.15B-ssec.7) Without limiting subsection (6) , this section applies despite the Director of Public Prosecutions Act 1984 , section 24A .