96BVetting of prospective members of NSW Police Force or consultants

#### 96B Vetting of prospective members of NSW Police Force or consultants 96B Vetting of prospective members of NSW Police Force or consultants > > (1) Vetting information that is held by the Commissioner or obtained under this section may be used in determining whether to appoint an applicant as a member of the NSW Police Force or to engage an applicant as a consultant to the NSW Police Force. > > > (2) For the purposes of this section, vetting information is information of the following kind about an applicant, or about an associate or relative of an applicant— > > > > > (a) any criminal intelligence report or other criminal information, > > > > > (b) information held in the Births, Deaths and Marriages Register, > > > > > (c) information held by Transport for NSW relating to licences or other authorities, offences or penalties, > > > > > (d) information held by Corrective Services NSW, Department of Attorney General and Justice, > > > > > (e) information held by the Australian Crime Commission, > > > > > (f) information held by a law enforcement agency, > > > > > (g) information held by an agency of the Commonwealth or of the State or another State or Territory investigating public sector corruption, > > > > > (h) information held by an agency of a jurisdiction outside Australia, being an agency responsible for the enforcement of laws of that jurisdiction, > > > > > (i) information prescribed by the regulations that is held by a public authority or held by a Government agency of another jurisdiction (whether in or outside Australia). > > > (3) The Commissioner may, with the consent of an applicant, request a public authority or other person or body to disclose vetting information about the applicant. > > > (4) The Commissioner may also, without consent, request a public authority or other person or body (not being an agency of a jurisdiction outside Australia) to disclose vetting information about associates or relatives of the applicant. > > > (5) The Commissioner must notify an applicant that the Commissioner has the power under this section to request a public authority or other person or body (not being an agency of a jurisdiction outside Australia) to disclose vetting information about associates or relatives of the applicant. The notice must be given when the consent of the applicant is sought under subsection (3) or, if consent has not been sought for the purposes of that subsection, before the first request for information about associates or relatives of the applicant is made under this section. > > > (6) A public authority that holds, or is responsible for the disclosure of, vetting information is authorised to disclose the information to the Commissioner for the purposes of this section. > > > (7) The following information about the criminal history of a person may be disclosed and considered for the purposes of this section— > > > > > (a) information relating to spent convictions, despite anything to the contrary in the [Criminal Records Act 1991](/view/html/inforce/current/act-1991-008), > > > > > (b) information relating to criminal charges, whether or not heard, proven, dismissed, withdrawn or discharged, > > > > > (c) information relating to offences, despite anything to the contrary in section 579 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040). > > > (8) For the purposes of the collection, disclosure or use of vetting information under this section or section 96C, the information may be collected, disclosed or used despite any other Act or law. > > > > Note. > > > > Section 62 of the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133) makes it an offence for a public sector official (including a member of the NSW Police Force) to disclose personal information, other than for official purposes, about a person to which the official has had access in an official capacity. > > > (9) This section does not restrict or prevent— > > > > > (a) the Commissioner or any other person from collecting, disclosing or using any information that the Commissioner or other person may otherwise lawfully collect, disclose or use, or > > > > > (b) the Commissioner from considering information other than vetting information in determining whether or not to appoint an applicant as a member of the NSW Police Force or to engage an applicant as a consultant to the NSW Police Force. > > > (10) In this section— > > > > law enforcement agency means the following— > > > > > (a) a Police Force of another State or Territory, > > > > > (b) the Australian Federal Police, > > > > > (c) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of the State or another State or Territory. > > > > public authority has the same meaning as it has in the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035). > > **s 96B:** Ins 2013 No 35, Sch 4 \[1\]. Am 2016 No 55, Sch 2.8; 2020 No 30, Sch 4.72.