AusCheck Legislation Amendment (Major National Events) Regulations 2019 (F2019L01410)

Schedule 1   Amendments

Part 1   Major national events

AusCheck Regulations 2017

22   At the end of Division 5 of Part 2

Add:

Subdivision C - Advice about background checks for major national event purposes

21A Advice about background check of an individual - application made by organising body etc.

(1) This section applies if, under section 11AA, 11AB or 21C, AusCheck undertakes a background check of an individual in connection with the accreditation of the individual in relation to a major national event.

Advice relating to criminal history etc.

(2) The Secretary must advise the organising body for the major national event:

(a) if the background check included an assessment of the individual's criminal history - whether or not the individual has an unfavourable criminal history; and

(b) if the background check included a security assessment of the individual - whether or not the security assessment of the individual is an adverse security assessment or qualified security assessment; and

(c) if the background check included an assessment of information relating to whether the individual is an unlawful non-citizen or holds a visa entitling the individual to work in Australia - the result of that assessment.

(3) If the Secretary advises the organising body under paragraph (2)(a) that the individual has an unfavourable criminal history, the Secretary:

(a) must include in the advice whether the individual has been convicted of an MNE level 1 disqualifying offence, an MNE level 2 offence or an MNE level 3 offence; and

(b) must not include in the advice details of the type of offence of which the individual has been convicted; and

(c) must inform the individual of that advice and the reasons for that advice.

(4) If:

(a) the Secretary has advised the organising body that the individual has been convicted of an MNE level 2 offence or an MNE level 3 offence (the relevant MNE offence ); and

(b) the organising body requests the Secretary, in writing, to provide to the organising body details of the relevant MNE offence; and

(c) the individual provides express consent for the Secretary to provide details of the relevant MNE offence to the organising body;

the Secretary must provide to the organising body a document setting out the details of the relevant MNE offence and any sentence imposed for the offence.

21B Advice about background check that is cancelled

If:

(a) a background check of an individual in connection with the accreditation of the individual in relation to a major national event is cancelled under subsection 11A(7); and

(b) had AusCheck completed the check, the Secretary would have been required or authorised, or would have been so required or authorised depending on the results of the background check, to give to the individual or the organising body for the major national event:

(i) advice; or

(ii) a document;

the Secretary must advise the individual or organising body (as the case requires) that the background check is cancelled.

21C AusCheck may undertake new background checks

(1) This section applies if:

(a) the Secretary gives advice about a background check (the original check ) of an individual under this Subdivision in connection with the accreditation of the individual in relation to a major national event; and

(b) the Secretary later reasonably suspects that:

(i) any of the requirements of this instrument for the application for the original check were not satisfied; or

(ii) the Secretary did not have all of the required information for the individual when AusCheck undertook the original check; or

(iii) any of the requirements specified under subsection 11A(3) for the purposes of paragraph 11A(2)(f) in relation to the application for the original check were not satisfied; or

(iv) the advice is inaccurate or incomplete.

(2) AusCheck may undertake a new background check of the individual.

(3) If AusCheck does so, for the purposes of the AusCheck scheme:

(a) the organising body for the major national event is taken to have applied for the new background check; and

(b) the application for the new background check is taken to be the same as the application (if any) for the original check (as affected by subsection 11A(6)).

Note: Paragraph (3)(b) may be relevant to whether the Secretary may make a request under subsection 11A(2) in relation to the application.

21D Secretary must give further advice if initial advice is inaccurate or incomplete

If the Secretary becomes aware that advice about a background check of an individual that has been given under this Subdivision is inaccurate or incomplete, the Secretary must give further advice in accordance with this Subdivision that is accurate and complete.