sec.12HCommissioner must give notice of particular matters

sec.12H Commissioner must give notice of particular matters

This section applies if— the commissioner reasonably suspects a person is— an applicant for a security clearance; or the holder of a security clearance; and any of the following events happens after the application is made or during the term of the security clearance— the person’s criminal history changes; the person is named as the respondent in a domestic violence order, police protection direction or police protection notice; release conditions are imposed on the person under the Domestic and Family Violence Protection Act 2012 , section 125 . The commissioner must give the chief inspector a written notice about the event. The notice must— state— the person’s name and any other name the commissioner believes the person may use or may have used; and the person’s date and place of birth; and if subsection (1) (b) (i) applies—include a brief description of the nature of the offence or alleged offence giving rise to the conviction or charge to which the change relates; and if subsection (1) (b) (ii) or (iii) applies—be accompanied by a copy of the domestic violence order, police protection direction, police protection notice or release conditions. The chief inspector may confirm the suspicions of the commissioner mentioned in subsection (1) (a) . For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history. s 12H ins 2019 No. 7 s 24 amd 2025 No. 18 s 56 (sec.12H-ssec.1) This section applies if— the commissioner reasonably suspects a person is— an applicant for a security clearance; or the holder of a security clearance; and any of the following events happens after the application is made or during the term of the security clearance— the person’s criminal history changes; the person is named as the respondent in a domestic violence order, police protection direction or police protection notice; release conditions are imposed on the person under the Domestic and Family Violence Protection Act 2012 , section 125 . (sec.12H-ssec.2) The commissioner must give the chief inspector a written notice about the event. (sec.12H-ssec.3) The notice must— state— the person’s name and any other name the commissioner believes the person may use or may have used; and the person’s date and place of birth; and if subsection (1) (b) (i) applies—include a brief description of the nature of the offence or alleged offence giving rise to the conviction or charge to which the change relates; and if subsection (1) (b) (ii) or (iii) applies—be accompanied by a copy of the domestic violence order, police protection direction, police protection notice or release conditions. (sec.12H-ssec.4) The chief inspector may confirm the suspicions of the commissioner mentioned in subsection (1) (a) . (sec.12H-ssec.5) For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.