sec.43Criminal history checks

sec.43 Criminal history checks

This section applies only to the extent necessary to enable the chief executive to decide whether to apply for an injunction against a private employment agent under part 6 . The chief executive may ask the commissioner of the police service for a written report about— the private employment agent’s criminal history; or the criminal history of— an executive officer of a corporation that is a private employment agent; or an employee of a private employment agent. Subject to subsection (4) , the commissioner of the police service must give the report to the chief executive. The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access. If, after making the decision mentioned in subsection (1) , the person’s criminal history report is no longer required to be kept for the purposes of part 6 , the chief executive must destroy the report. In this section— criminal history , of a person, includes a finding of guilty of an offence, on a plea of guilty or otherwise, whether or not a conviction was recorded. (sec.43-ssec.1) This section applies only to the extent necessary to enable the chief executive to decide whether to apply for an injunction against a private employment agent under part 6 . (sec.43-ssec.2) The chief executive may ask the commissioner of the police service for a written report about— the private employment agent’s criminal history; or the criminal history of— an executive officer of a corporation that is a private employment agent; or an employee of a private employment agent. (sec.43-ssec.3) Subject to subsection (4) , the commissioner of the police service must give the report to the chief executive. (sec.43-ssec.4) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access. (sec.43-ssec.5) If, after making the decision mentioned in subsection (1) , the person’s criminal history report is no longer required to be kept for the purposes of part 6 , the chief executive must destroy the report. (sec.43-ssec.6) In this section— criminal history , of a person, includes a finding of guilty of an offence, on a plea of guilty or otherwise, whether or not a conviction was recorded.

• (a) the private employment agent’s criminal history; or
• (b) the criminal history of— (i) an executive officer of a corporation that is a private employment agent; or (ii) an employee of a private employment agent.
• (i) an executive officer of a corporation that is a private employment agent; or
• (ii) an employee of a private employment agent.
• (i) an executive officer of a corporation that is a private employment agent; or