sec.5AA.13External service provider to be advised if person unsuitable

### sec.5AA.13 External service provider to be advised if person unsuitable If, because of information relied on by the commissioner under this part, the commissioner considers a person who is 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 the chief executive officer of the relevant entity; 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 and the chief executive officer a reasonable opportunity to make representations to the commissioner about the information; and allow the person a reasonable opportunity to make representations to the commissioner about any representations made to the commissioner by the chief executive officer. 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) or (d) , the commissioner decides the person is not suitable to be, or continue to be, engaged by the service, the commissioner must give the person and the chief executive officer of the relevant entity a written notice stating that the person is not suitable to be, or continue to be, engaged by the service. If the person is already employed or engaged by the entity, the chief executive officer must— have regard to the commissioner’s decision that the person is not suitable to be engaged by the police service and the reasons for the decision; and consider whether appropriate steps may be taken to minimise— the potential adverse effects of the assessment; and the person’s access to information in the possession of the commissioner; and advise the commissioner of the chief executive officer’s decision. If the commissioner considers the steps taken do not adequately minimise the person’s access to information in the possession of the commissioner, the commissioner may ask the chairperson of the Crime and Corruption Commission to review the chief executive officer’s decision. A review conducted under this section— must be conducted in private; and must be conducted in the way decided by the chairperson; and if the chairperson considers it appropriate, may be conducted on the papers, without hearing submissions from any person; and is not a hearing or investigation of a kind the chairperson may hold under the Crime and Corruption Act 2001 . The chairperson’s decision on the review— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground. Information disclosed to the chief executive officer of the entity under subsection (3) must not be disclosed to a member of a selection panel or to anyone else, unless this or another Act permits or requires the disclosure. s 5AA.13 ins 2003 No. 92 s 32 amd 2014 No. 17 s 139 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 ; 2021 No. 12 s 189 ; 2023 No. 7 s 35 (sec.5AA.13-ssec.1) If, because of information relied on by the commissioner under this part, the commissioner considers a person who is 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 the chief executive officer of the relevant entity; 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 and the chief executive officer a reasonable opportunity to make representations to the commissioner about the information; and allow the person a reasonable opportunity to make representations to the commissioner about any representations made to the commissioner by the chief executive officer. (sec.5AA.13-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.13-ssec.3) If, after considering any representations made under subsection (1) (c) or (d) , the commissioner decides the person is not suitable to be, or continue to be, engaged by the service, the commissioner must give the person and the chief executive officer of the relevant entity a written notice stating that the person is not suitable to be, or continue to be, engaged by the service. (sec.5AA.13-ssec.4) If the person is already employed or engaged by the entity, the chief executive officer must— have regard to the commissioner’s decision that the person is not suitable to be engaged by the police service and the reasons for the decision; and consider whether appropriate steps may be taken to minimise— the potential adverse effects of the assessment; and the person’s access to information in the possession of the commissioner; and advise the commissioner of the chief executive officer’s decision. (sec.5AA.13-ssec.5) If the commissioner considers the steps taken do not adequately minimise the person’s access to information in the possession of the commissioner, the commissioner may ask the chairperson of the Crime and Corruption Commission to review the chief executive officer’s decision. (sec.5AA.13-ssec.6) A review conducted under this section— must be conducted in private; and must be conducted in the way decided by the chairperson; and if the chairperson considers it appropriate, may be conducted on the papers, without hearing submissions from any person; and is not a hearing or investigation of a kind the chairperson may hold under the Crime and Corruption Act 2001 . (sec.5AA.13-ssec.7) The chairperson’s decision on the review— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground. (sec.5AA.13-ssec.8) Information disclosed to the chief executive officer of the entity under subsection (3) must not be disclosed to a member of a selection panel or to anyone else, unless this or another Act permits or requires the disclosure. - (a) disclose the information to the person and the chief executive officer of the relevant entity; 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 and the chief executive officer a reasonable opportunity to make representations to the commissioner about the information; and - (d) allow the person a reasonable opportunity to make representations to the commissioner about any representations made to the commissioner by the chief executive officer. - (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. - (a) have regard to the commissioner’s decision that the person is not suitable to be engaged by the police service and the reasons for the decision; and - (b) consider whether appropriate steps may be taken to minimise— (i) the potential adverse effects of the assessment; and (ii) the person’s access to information in the possession of the commissioner; and - (i) the potential adverse effects of the assessment; and - (ii) the person’s access to information in the possession of the commissioner; and - (c) advise the commissioner of the chief executive officer’s decision. - (i) the potential adverse effects of the assessment; and - (ii) the person’s access to information in the possession of the commissioner; and - (a) must be conducted in private; and - (b) must be conducted in the way decided by the chairperson; and - (c) if the chairperson considers it appropriate, may be conducted on the papers, without hearing submissions from any person; and - (d) is not a hearing or investigation of a kind the chairperson may hold under the Crime and Corruption Act 2001 . - (a) is final and conclusive; and - (b) can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and - (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.