sec.5AA.12Particular persons to be advised if person unsuitable

### sec.5AA.12 Particular persons to be advised if person unsuitable If, because of information relied on by the commissioner under this part, the commissioner considers a person, other than an external service provider, may not be suitable to be, or continue to be, engaged by the service, the commissioner must, before deciding the person is not suitable— disclose the information to the person; and give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service; and allow the person a reasonable opportunity to make representations to the commissioner about the information. However, the commissioner is not required to disclose the information or give reasons under subsection (1) if the commissioner considers the disclosure or giving of reasons may— prejudice the investigation of a contravention or possible contravention of the law; or enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or endanger a person’s life or physical safety; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or prejudice national security; or be prohibited under a law of this or any other State or the Commonwealth. If, after considering any representations made under subsection (1) (c) , the commissioner decides the person is not suitable to be, or continue to be, engaged by the service, the commissioner must give the person a written notice stating that the person is not suitable to be, or continue to be, engaged by the service. Information relied on under this section to decide that a person is not suitable to be engaged by the service can not be used for any other purpose, unless its disclosure is authorised under section 5AA .14(3). s 5AA.12 ins 2003 No. 92 s 32 amd 2014 No. 17 s 138 ; 2021 No. 12 s 188 ; 2023 No. 7 s 34 (sec.5AA.12-ssec.1) If, because of information relied on by the commissioner under this part, the commissioner considers a person, other than an external service provider, may not be suitable to be, or continue to be, engaged by the service, the commissioner must, before deciding the person is not suitable— disclose the information to the person; and give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service; and allow the person a reasonable opportunity to make representations to the commissioner about the information. (sec.5AA.12-ssec.2) However, the commissioner is not required to disclose the information or give reasons under subsection (1) if the commissioner considers the disclosure or giving of reasons may— prejudice the investigation of a contravention or possible contravention of the law; or enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or endanger a person’s life or physical safety; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or prejudice national security; or be prohibited under a law of this or any other State or the Commonwealth. (sec.5AA.12-ssec.3) If, after considering any representations made under subsection (1) (c) , the commissioner decides the person is not suitable to be, or continue to be, engaged by the service, the commissioner must give the person a written notice stating that the person is not suitable to be, or continue to be, engaged by the service. (sec.5AA.12-ssec.4) Information relied on under this section to decide that a person is not suitable to be engaged by the service can not be used for any other purpose, unless its disclosure is authorised under section 5AA .14(3). - (a) disclose the information to the person; and - (b) give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service; and - (c) allow the person a reasonable opportunity to make representations to the commissioner about the information. - (a) prejudice the investigation of a contravention or possible contravention of the law; or - (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or - (c) endanger a person’s life or physical safety; or - (d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or - (e) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or - (f) prejudice national security; or - (g) be prohibited under a law of this or any other State or the Commonwealth.