sec.12BCriteria for deciding applications

sec.12B Criteria for deciding applications

The chief inspector may decide to give a security clearance to the applicant only if satisfied the applicant is a suitable person to hold the security clearance. In deciding whether the applicant is a suitable person to hold the security clearance, the chief inspector— must consider— the applicant’s criminal history; and whether the applicant has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and whether release conditions have, at any time, been imposed on the applicant under the Domestic and Family Violence Protection Act 2012 , section 125 ; and may consider— the applicant’s mental health; and information about the applicant that indicates the applicant is a risk to public safety or it would be contrary to the public interest for the applicant to hold the security clearance; and anything else relevant to the applicant’s suitability to hold the security clearance. The applicant is not a suitable person to hold the security clearance if— the applicant is named as the respondent in a domestic violence order, police protection direction, or police protection notice, that is in force; or release conditions have been imposed on the applicant under the Domestic and Family Violence Protection Act 2012 , section 125 and the release conditions are in force. s 12B ins 2019 No. 7 s 24 amd 2025 No. 18 s 54 (sec.12B-ssec.1) The chief inspector may decide to give a security clearance to the applicant only if satisfied the applicant is a suitable person to hold the security clearance. (sec.12B-ssec.2) In deciding whether the applicant is a suitable person to hold the security clearance, the chief inspector— must consider— the applicant’s criminal history; and whether the applicant has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and whether release conditions have, at any time, been imposed on the applicant under the Domestic and Family Violence Protection Act 2012 , section 125 ; and may consider— the applicant’s mental health; and information about the applicant that indicates the applicant is a risk to public safety or it would be contrary to the public interest for the applicant to hold the security clearance; and anything else relevant to the applicant’s suitability to hold the security clearance. (sec.12B-ssec.3) The applicant is not a suitable person to hold the security clearance if— the applicant is named as the respondent in a domestic violence order, police protection direction, or police protection notice, that is in force; or release conditions have been imposed on the applicant under the Domestic and Family Violence Protection Act 2012 , section 125 and the release conditions are in force.

• (a) must consider— (i) the applicant’s criminal history; and (ii) whether the applicant has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and (iii) whether release conditions have, at any time, been imposed on the applicant under the Domestic and Family Violence Protection Act 2012 , section 125 ; and