sec.246JPublic sector entity to be given particular advice

sec.246J Public sector entity to be given particular advice

This section applies if— the chief executive issues— a working with children clearance to a person; or a working with children exemption to a person; and the chief executive of another public sector entity (the other chief executive ) proposes to start employing, or continue employing, the person in regulated employment; and the other chief executive asks the chief executive for advice under this section. The chief executive may advise the other chief executive that the other chief executive may need to undertake a further assessment of the person under the Public Sector Act 2022 , chapter 3 , part 5 , division 4 to decide whether the other chief executive should employ, or continue employing, the person in regulated employment. The Public Sector Act 2022 , chapter 3 , part 5 , division 4 does not apply in relation to the engagement of particular persons by a public sector entity. See section 64 of that Act. However, the chief executive may give the advice mentioned in subsection (2) only if the chief executive is aware that the person has a criminal history. If the chief executive gives advice under subsection (2) , the advice must be accompanied by a written notice stating that no adverse inference about the person’s criminal history or suitability for employment, or continued employment, by the other public sector entity should be made because the advice was given. s 246J ins 2024 No. 50 s 56 (sec.246J-ssec.1) This section applies if— the chief executive issues— a working with children clearance to a person; or a working with children exemption to a person; and the chief executive of another public sector entity (the other chief executive ) proposes to start employing, or continue employing, the person in regulated employment; and the other chief executive asks the chief executive for advice under this section. (sec.246J-ssec.2) The chief executive may advise the other chief executive that the other chief executive may need to undertake a further assessment of the person under the Public Sector Act 2022 , chapter 3 , part 5 , division 4 to decide whether the other chief executive should employ, or continue employing, the person in regulated employment. The Public Sector Act 2022 , chapter 3 , part 5 , division 4 does not apply in relation to the engagement of particular persons by a public sector entity. See section 64 of that Act. (sec.246J-ssec.3) However, the chief executive may give the advice mentioned in subsection (2) only if the chief executive is aware that the person has a criminal history. (sec.246J-ssec.4) If the chief executive gives advice under subsection (2) , the advice must be accompanied by a written notice stating that no adverse inference about the person’s criminal history or suitability for employment, or continued employment, by the other public sector entity should be made because the advice was given.