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Residential Services (Accreditation) Act 2002
sec.23Criminal history
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### sec.23 Criminal history
In deciding if a person is a suitable person, the chief executive may have regard to the person’s criminal history including, in particular, any convictions of the person for an offence against a residential services Act or a similar law of another jurisdiction.
If an individual has been convicted within the previous 5 years of a disqualifying offence, the chief executive must decide the individual is not a suitable person unless the chief executive is satisfied it would be reasonable to decide otherwise because of the exceptional circumstances of the case.
If an individual refuses a request by the chief executive for a signed consent to a criminal history check of the individual, the chief executive must decide the individual is not a suitable person.
(sec.23-ssec.1) In deciding if a person is a suitable person, the chief executive may have regard to the person’s criminal history including, in particular, any convictions of the person for an offence against a residential services Act or a similar law of another jurisdiction.
(sec.23-ssec.2) If an individual has been convicted within the previous 5 years of a disqualifying offence, the chief executive must decide the individual is not a suitable person unless the chief executive is satisfied it would be reasonable to decide otherwise because of the exceptional circumstances of the case.
(sec.23-ssec.3) If an individual refuses a request by the chief executive for a signed consent to a criminal history check of the individual, the chief executive must decide the individual is not a suitable person.