126Suitability checks

126 Suitability checks (1) This section applies for the ICAC determining whether a person is a suitable person: (a) to be or remain as a member of ICAC staff; or (b) to be appointed or remain as an authorised officer; or (c) to be delegated functions under section 125; or (d) to perform functions under this Act in relation to a matter being dealt with by the ICAC. (2) The ICAC may request the person to do any of the following: (a) provide or consent to a criminal history check and, if necessary, provide biometric data for that purpose; (b) undergo a police intelligence or integrity check; (c) declare personal interests the ICAC considers relevant;

Independent Commissioner Against Corruption Act 2017 97 (d) undergo a medical or psychological assessment; (e) make a statutory declaration in relation to matters determined by the ICAC to be relevant to the person's suitability. (3) The ICAC may take into account the person's irrelevant criminal record, if: (a) it appears relevant to the person's ability to be involved in a particular matter in a way that will be and appear to be impartial; or (b) it may generally bring the ICAC's reputation for impartiality and integrity into disrepute; or (c) it may affect the person's ability to carry out substantial parts of the person's role. (3A) A person who has a recent political affiliation is not suitable to be a member of ICAC staff unless the person: (a) in the case of a person referred to in section 123(1)(a), (b), (c) or (e) – satisfies both the ICAC and the Inspector that the person's past and present political opinion, affiliation or activity is sufficiently minor or remote so as not to affect the person's suitability to be a member of ICAC staff; or (b) in the case of a person referred to in section 123(1)(d) – satisfies the ICAC that the person's past and present political opinion, affiliation or activity is sufficiently minor or remote so as not to affect the person's suitability to be a member of ICAC staff. (4) The acts mentioned in subsections (2), (3) and (3A) are specifically authorised for section 53 of the Anti-Discrimination Act 1992. (5) This section does not apply in relation to the suitability of a person who is an Acting ICAC unless the person is also a member of ICAC staff.