sec.5AA.11Assessment of suitability

### sec.5AA.11 Assessment of suitability This section applies to the commissioner in considering the suitability of a person to be, or continue to be, engaged by the service. When making the assessment, the commissioner may have regard to all relevant information available to the commissioner, including, but not limited to— information that is disclosed to the commissioner under this part; and information that is made available by a declared agency or a law enforcement agency of another country because of a request made under this part; and disciplinary information given to the commissioner by a chief executive of another department under section 5AA .10A; and information that is stored on— a database kept by the commissioner; or a database kept by another law enforcement agency to which the commissioner has access; and information that is otherwise available to the commissioner. information obtained from previous employment checks fingerprint checks DNA tests In addition, information obtained under this part may be taken into account in deciding a question of merit under a merit provision. Subsection (3) is in addition to and does not limit a merit provision. In this section— merit provision means— section 5 .2; or the Public Sector Act 2022 , chapter 3 , part 3 . s 5AA.11 ins 2003 No. 92 s 32 amd 2008 No. 49 s 6 ; 2009 No. 25 ss 37 , 83 sch ; 2022 No. 34 s 365 sch 3 ; 2023 No. 7 s 33 (sec.5AA.11-ssec.1) This section applies to the commissioner in considering the suitability of a person to be, or continue to be, engaged by the service. (sec.5AA.11-ssec.2) When making the assessment, the commissioner may have regard to all relevant information available to the commissioner, including, but not limited to— information that is disclosed to the commissioner under this part; and information that is made available by a declared agency or a law enforcement agency of another country because of a request made under this part; and disciplinary information given to the commissioner by a chief executive of another department under section 5AA .10A; and information that is stored on— a database kept by the commissioner; or a database kept by another law enforcement agency to which the commissioner has access; and information that is otherwise available to the commissioner. information obtained from previous employment checks fingerprint checks DNA tests (sec.5AA.11-ssec.3) In addition, information obtained under this part may be taken into account in deciding a question of merit under a merit provision. (sec.5AA.11-ssec.4) Subsection (3) is in addition to and does not limit a merit provision. (sec.5AA.11-ssec.5) In this section— merit provision means— section 5 .2; or the Public Sector Act 2022 , chapter 3 , part 3 . - (a) information that is disclosed to the commissioner under this part; and - (b) information that is made available by a declared agency or a law enforcement agency of another country because of a request made under this part; and - (ba) disciplinary information given to the commissioner by a chief executive of another department under section 5AA .10A; and - (c) information that is stored on— (i) a database kept by the commissioner; or (ii) a database kept by another law enforcement agency to which the commissioner has access; and - (i) a database kept by the commissioner; or - (ii) a database kept by another law enforcement agency to which the commissioner has access; and - (d) information that is otherwise available to the commissioner. - (i) a database kept by the commissioner; or - (ii) a database kept by another law enforcement agency to which the commissioner has access; and - 1 information obtained from previous employment checks - 2 fingerprint checks - 3 DNA tests - (a) section 5 .2; or - (b) the Public Sector Act 2022 , chapter 3 , part 3 .