National Disability Insurance Scheme (Worker Checks) Act 2018
33Access to police information
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33 Access to police information
33 Access to police information
(1) The Commissioner of Police is authorised to disclose (or arrange for a member of the NSW Police Force to disclose) the following information for the purpose of the use of the information in assessing and determining whether a person who engages or proposes to engage in NDIS work poses a risk of harm to persons with disability—
(a) information relating to any matter that may cause a person to be a disqualified person or require a risk assessment of a person, under this Act or a corresponding law,
(b) information relating to the criminal history of a person,
(c) without limiting paragraph (a) or (b), information relating to the circumstances of an offence or other matter disclosed under this section.
(2) The disclosure of information under this section is limited to disclosure to any of the following—
(a) the Screening Agency,
(b) an interstate screening agency,
(c) the Australian Criminal Intelligence Commission,
(d) a law enforcement agency of the Commonwealth or another State or Territory.
(3) A person to whom information is disclosed under the authority of this section may disclose that information to an interstate screening agency for the purposes of the use of the information in assessing and determining whether a person who engages or proposes to engage in NDIS work poses a risk of harm to persons with disability.
(4) Information relating to a person’s criminal history may be disclosed under this section whether or not the information relates to offences that cause or may cause the person to be a disqualified person or require a risk assessment of the person, under this Act or a corresponding law.
(5) This section does not limit the persons to whom, or the circumstances in which, information relating to the criminal history, including the criminal record, of persons may be disclosed apart from this Act.
(6) This section does not limit the powers of the Commissioner of Police to disclose relevant information as an authorised person under this Part.
(7) In this section—
interstate screening agency means a person or body exercising functions in the execution or administration of a corresponding law.