Working with Vulnerable People (Background Checking) Act 2011
33Commissioner may request information from an entity to
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33 Commissioner may request information from an entity to conduct risk assessments (1) The commissioner may, in writing, request information or advice from any entity the commissioner considers may be able to give information or advice that will assist the commissioner in conducting a risk assessment for a person. Examples—entity 1 the chief police officer 2 an administrative unit 3 an employer for a regulated activity (2) An entity that receives a request from the commissioner must, as far as practicable, comply with the request.
(3) An entity that gives the commissioner information or advice in response to a request under this section does not contravene any duty of confidentiality the entity has under a territory law or agreement, despite anything to the contrary in the law or agreement. (4) An entity commits an offence if— (a) the commissioner makes a request under subsection (1); and (b) the entity fails to comply with the request. (5) Subsection (4) does not apply if the entity has a reasonable excuse for failing to comply with the request. (6) An offence against this section is a strict liability offence. (7) In this section: information does not include information that, under the Children and Young People Act 2008, section 857, must not be given to a