QLDIn ForceAct
Police Service Administration Act 1990
sec.10.2ADisclosure of criminal history for employment screening under commercial or other arrangement
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### sec.10.2A Disclosure of criminal history for employment screening under commercial or other arrangement
This section applies in relation to the disclosure of the criminal history of a person ( relevant person ) if—
the disclosure is to be made to a relevant agency; and
the purpose of the disclosure is to facilitate the release of the relevant person’s criminal history by the relevant agency to someone else (the third party ) under an arrangement; and
the arrangement provides for the use of the relevant person’s criminal history only for employment screening purposes.
The commissioner may disclose the relevant person’s criminal history to the relevant agency as a function of the service.
However, the commissioner may disclose the relevant person’s criminal history to the relevant agency for disclosure to the third party only with the person’s written consent and only if the commissioner is satisfied the disclosure—
is for a national criminal history check for employment screening purposes under a service provided by the relevant agency; and
is, or is likely to be, of benefit to the community or a section of the community.
In this section—
arrangement includes an intergovernmental arrangement and a commercial arrangement.
employment includes engagement on a voluntary basis.
s 10.2A ins 2006 No. 58 s 8
amd 2008 No. 49 s 7 ; 2010 No. 45 s 6
(sec.10.2A-ssec.1) This section applies in relation to the disclosure of the criminal history of a person ( relevant person ) if— the disclosure is to be made to a relevant agency; and the purpose of the disclosure is to facilitate the release of the relevant person’s criminal history by the relevant agency to someone else (the third party ) under an arrangement; and the arrangement provides for the use of the relevant person’s criminal history only for employment screening purposes.
(sec.10.2A-ssec.2) The commissioner may disclose the relevant person’s criminal history to the relevant agency as a function of the service.
(sec.10.2A-ssec.3) However, the commissioner may disclose the relevant person’s criminal history to the relevant agency for disclosure to the third party only with the person’s written consent and only if the commissioner is satisfied the disclosure— is for a national criminal history check for employment screening purposes under a service provided by the relevant agency; and is, or is likely to be, of benefit to the community or a section of the community.
(sec.10.2A-ssec.4) In this section— arrangement includes an intergovernmental arrangement and a commercial arrangement. employment includes engagement on a voluntary basis.
- (a) the disclosure is to be made to a relevant agency; and
- (b) the purpose of the disclosure is to facilitate the release of the relevant person’s criminal history by the relevant agency to someone else (the third party ) under an arrangement; and
- (c) the arrangement provides for the use of the relevant person’s criminal history only for employment screening purposes.
- (a) is for a national criminal history check for employment screening purposes under a service provided by the relevant agency; and
- (b) is, or is likely to be, of benefit to the community or a section of the community.