AUSTRALIA BACKGROUND CHECK

We are working really hard to render our services for background screening checks. We provide our valuable risk management consultancy all over the Australia. Our broad array of network of background screeners and experts makes it possible for us to get a thorough background verification of your employees. We are very well cognizant regarding the rules and regulations of different countries thus act accordingly when doing background screening.

The prime goal of our company is to smooth the progress for our clients to give them resolutions to their issues about background verification. In Australia, we are popular with the people and corporations who are excited to get our services; thus to cater the need of the client we provide our services in cities like Canberra, New South Wales, Sydney, Newcastle, Central Coast, Wollongong, Albury, Maitland, Port Macquarie, Tamworth, Orange, Dubbo, Lismore, Bathurst Coffs Harbour, Richmond, Nowra, Northern Territory, Darwin, Alice Springs, Queensland, Brisbane, Victoria, Melbourne, Geelong, Ballarat, Bendigo, Shepparton, Melton, Mildura, Warrnambool, Sunbury, Western Australia, Perth, Rockingham, Mandurah, Bunbury, Kalgoorlie, Geraldton, Albany etc.

Approaching us with your query is as easy as ABC, just send an email to us at info@backcheckgroup.com, and in no time you will see our qualified team gets in contact with you. We also have a great history of keeping the confidential information secret, so you don’t need to be worried about it.

GENERAL INFORMATION

GDP USD1453bn (World ranking 12, World Bank 2014)
Population 23.5 million (World ranking 52, World Bank 2014)
Form of state Federal Parliamentary Democracy (Commonwealth)
Head of government Malcolm Turnbull (PM-elect after the ousting of Tony ABBOTT)
Next elections 2016, Senated and House of Representatives

 

CURRENT LOCAL TIME

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*Note: This is just a sample report. It may change according to your requirements and country

PRODUCTS IN AUSTRALIA

OUR SERVICES IN AUSTRALIA

If anyone wants to have a sneak into someone’s financial status whether the applicant or candidate is bankrupt or not? Our Bankruptcy Check Service will give them a clear picture about it. We contact the local as well as some national banks here, verify the status and inform you.

This service will cater the need if you want to have a criminal background screening of your employee. We, by reaching the local police stations, get the verification of the candidate, so make sure that your company will remain risk-free from any possible or future danger. There are certain levels of the services in this regard.

Basic Verification, Standard Verification, Advanced Verification. The requirements will be fulfilled as per the chosen field.

In this service we involve the judiciary or courts to verify the background of any applicant. Via this Check we are able to verify if any candidate is ever involved in any case or litigation or there were any charges filed against him. As we have the direct reach to the database of the Australian judiciary, we are certain, when we make verification.

To keep an eye on the financial background of the employee is also necessary. Back check group studies the case of the applicant, and get the verified details about his credit record. This check is based on these.

  • Bankruptcy
  • Insolvency
  • Individual Voluntary Arrangements (IVA)

All of your efforts will go down the drain once your employee catches the attention of the media in any scandal and negative reports go on air. By this service, we make sure to search the relevant media.

Data Protection

Australia

Contribution Details

Alec Christie

Partner

Reyhaneh Saadati

Solicitor

Law

Data protection in Australia is currently a mix of Federal and State/Territory legislation. The Federal Privacy Act 1988 (Cth) and its National Privacy Principles applies to private sector businesses and its Information Privacy Principles apply to all Commonwealth Government and Australian Capital Territory Government agencies (“Privacy Act”).

Australian States and Territories (except for Western Australia and South Australia) each
have their own data protection legislation applying to State Government agencies (and private businesses interaction with them). These acts are:

  • Information Act 2002 (Northern Territory);
  • Privacy and Personal Information Protection Act 1998 (New South Wales);
  • Information Privacy Act 2009 (Queensland);
  • Personal Information and Protection Act 2004 (Tasmania); and
  • Information Privacy Act 2000 (Victoria).

There is also various other State and Federal legislation that relates to data protection.
For example, the Telecommunications Act 1997 (Cth), the National Health Act 1953 (Cth), the Health Records and Information Privacy Act 2002 (NSW) and the Workplace Surveillance Act 2005 (NSW) all impact privacy/data protection for specific types of data or for specific activities. Our focus here, however, is on the application of the Privacy Act to private sector businesses.

The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (“New Act”) was passed by the Australian parliament in December 2012 and comes into force from March 2014. The New Act contains significant reforms to the Privacy Act, including replacing the National Privacy Principles for the private sector and Information Privacy Principles for Commonwealth and Australian Capital Territory Government agencies with a single consolidated set of principles referred to as the Australian Privacy Principles (“Apps”). The New Act also significantly strengthens the powers of the Australian Information Commissioner to conduct investigations and ensure compliance with the amended Privacy Act.

Given the New Act does not come into force until March 2014, here we outline the obligations currently imposed under the Privacy Act and highlight only those key new obligations which will come into force from March 2014.

Definition of Personal Data

Personal Data (which is referred to as ‘personal information’ in Australia) means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Definition of sensitive Personal Data

  • Sensitive Personal Data (which is referred to as ‘sensitive information’ in Australia) means: Information or an opinion about an individual’s:
  •  racial or ethnic origin;
  • political opinions;
  • membership of a political association;
  • religious beliefs or affiliations;
  • philosophical beliefs;
  • membership of a professional or trade association;
  • membership of a trade union;
  • sexual preferences or practices;
  • record; that is also personal information; or
  • health information about an individual; or
  • genetic information about an individual that is not otherwise health information. The New Act expands the definition of ‘sensitive information’ to also include:
  • bio-metric information that is to be used for the purpose of automated bio-metric verification or bio-metric identification; and
  • bio-metric templates.

National Data Protection Authority

The Office of the Australian Information Commissioner is the national data protection regulator responsible for overseeing the Privacy Act.

Registration

Australia does not maintain a register of controllers or of processing activities as in Europe. There is no requirement under the current data protection regime (i.e. the Privacy Act) for an organisation to notify/report to the Office of the Australian Information Commissioner on the processing of personal information.

Data Protection officers

There is no requirement for organisations to appoint a data protection officer, but it is good and usual practice.

Collection and Processing

An organisation must not collect personal information unless the information is necessary for one or more of its functions or activities. The New Act further limits collection of personal information by requiring it to be “reasonably necessary” for one or more of the organisation’s functions or activities.

At or before the time personal information is collected, or as soon as practicable afterwards, an organisation must take reasonable steps to make an individual aware of:

  • its identity and how to contact it;
  • why it is collecting (or how it will use the) information about them;
  • to whom it might give the personal information;
  • the fact that the individual can obtain access to their personal information;
  • any law requiring the collection of personal information; and
  • the main consequences (if any) for the individual if all or part of the information is not provided.

Under the New Act the organisation must also take reasonable steps to make an individual
aware of:

  • the fact that the organisation’s privacy policy contains information about how the individual may access and seek correction of their personal information, how they may make a complaint about a breach of the Apps and how the organisation will deal with such complaint; and
  • whether the organisation is likely to disclose their personal information to overseas recipients and, if so, the countries in which such recipients are likely to be located. Organisations usually comply with this requirement by including the above information in a privacy policy and requiring individuals to accept that privacy policy prior to giving their personal information.
  • An organisation must not use or disclose personal information about an individual unless:
  • it is for the primary purpose of collection or a secondary purpose related to (and, in the case of sensitive information, directly related to) the primary purpose of collection and the individual would reasonably expect the organisation to use or disclose the information for that secondary purpose;
  • the individual consents;
  • the information is not sensitive information and disclosure is for direct marketing and it is impracticable to seek the individual’s consent and (among other things) the individual is told that they can opt out of receiving marketing from the organisation;
  • it is for research or statistics relevant to public health or safety;
  • there is a serious threat to health and safety and using or disclosing personal information will help reduce that threat; or
  • it is required or authorized by law or on behalf of an enforcement agency.
  • Under the New Act, in the case of use and disclosure for the purpose of direct marketing, Organisations are required to also ensure that:
  • each direct marketing communication provides a simple means by which the individual can opt-out; and
  • the individual has not previously requested to opt-out of receiving direct marketing communications.
  • Where “sensitive information” is processed there are additional protections under the Privacy Act which generally provide that an organisation is not allowed to collect sensitive information from an individual unless certain limited requirements are met, including that:
  • the individual has consented (under the New Act, as well as having the consent of the individual the sensitive information must be reasonably necessary for one or more of the entity’s functions or activities);
  • collection is required or authorized by law;
  • the information is required to establish or defend a legal or equitable claim; or
  • the individual is incapable of consenting and the information is needed because of a serious and imminent threat to the life or health of the individual.

An organisation must, on request by an individual, give access to the personal information (and the ability to correct inaccurate information) that is held about the individual unless particular circumstances apply which allow the organisation to limit the extent to which access is given. These include emergency situations, specified business imperatives and law enforcement or other public interests.

Transfer

Personal information may only be transferred outside of Australia or to a different organisation (including a parent company) where:

  • the organisation reasonably believes that the information is subject to a law, binding scheme or contract which effectively provides for no less protection than the Privacy Act (under the New Act there can be no reliance on contractual provisions and the organisation must also ensure that there are mechanisms that the individual can access to take action to enforce the protections of that law or binding scheme);
  • the individual consents to the transfer (under the New Act the organisation must, prior to receiving consent, expressly inform the individual that if he or she consents to the disclosure of the information the organisation will not be required to take reasonable steps to ensure the overseas recipient does not breach the APPs);
  • the transfer is necessary for the performance of a contract between the individual and the organisation, or for the implementation of pre contractual measures taken in response to the individual’s request (under the New Act personal information will no longer be able to be transferred outside of Australia relying on this);
  • where the transfer is for the benefit of the individual, it is impractical to obtain their consent and if it were practical, they would be likely to give their consent (under the New Act personal information will no longer be able to be transferred outside of Australia relying on this); or
  • where the organisation has taken reasonable steps to ensure that the information will not be held, used or disclosed inconsistently with the Privacy Act (under the New Act, where the organisation transfers data to an overseas recipient on this basis, the organisation will remain liable for any breach of the Apps by the overseas recipient).

Security

Any personal information that an organisation retains must have appropriate security measures in place to protect that information from misuse and loss and from unauthorized access, modification or disclosure. An organisation must also take reasonable steps to destroy or permanently de identify personal information if it is no longer needed.

Breach Notification

An organisation that breaches the Privacy Act is currently under no legal obligation (and it is not generally current practice) to report that breach to the affected individual(s) or the Australian Information Commissioner.

Enforcement

The Australian Information Commissioner is responsible for the enforcement of the Privacy Act and will investigate an act or practice if the act or practice may be an interference with the
privacy of an individual and a complaint about the act or practice has been made.
Under the New Act the Australian Information Commissioner will also be able to investigate breaches of the new APP 1 regarding “open and transparent management of personal information” on its own initiative (i.e. where no complaint has been made).

After investigating a complaint, the Australian Information Commissioner may dismiss the complaint or find the complaint substantiated and make declarations that the organisation rectify its conduct or that the organisation redress any loss or damage suffered by the complainant. Under the New Act fines of up to A$220,000 for an individual and A$1.1 million for organisations may be requested by the Australian Information Commissioner and imposed by the Courts for serious or repeated interferences with the privacy of individuals.

Electronic Marketing

The sending of electronic marketing (which is referred to as ‘commercial electronic messages’ in Australia) is regulated by the SPAM Act 2003 (Cth) (“SPAM Act”).

Under the SPAM Act a commercial electronic message must not be sent without the prior consent of the recipient. In addition, each electronic message (which the recipient has consented to receive) must contain a functional unsubscribe facility to enable the recipient to opt-out from receiving future electronic marketing.

A failure to comply with the SPAM Act (including unsubscribing a recipient that uses the unsubscribe facility) may have costly consequences, with repeat offenders facing penalties of up to A$1.1 million per day.

E-Privacy and Cookie Compliance

There are no laws or regulations in Australia, beyond the application of the Privacy Act and State and Territory privacy laws specific to e-privacy, the collection of location and traffic data, or the use of cookies (or any similar technologies). If the cookies or other similar technologies collect personal information of a user the organisation must comply with the Privacy Act in respect of collection, use, disclosure and storage of such personal information.

Anti Corruption Laws

(Section 57A (2))

1 Eligibility for appointment

A person is not eligible to be appointed as Inspector or to act in that office if the person is a member of the Legislative Council or of the Legislative Assembly or is a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth.

2 Acting Inspector

(1) The Governor may, from time to time, appoint a person to act in the office of Inspector during the illness or absence of the Inspector. The person, while so acting, has all the functions of the Inspector and is taken to be the Inspector.

(2) The Governor may, at any time, remove a person from the office to which the person was appointed under this clause.

(3) A person while acting under this clause is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine.

(4) For the purposes of this clause, a vacancy in the office of Inspector is taken to be an absence from office of Inspector.

3 Basis of office

(1) The office of Inspector may be a full-time or part-time office, according to the terms of appointment.

(2) The holder of a full-time office referred to in subclause (1) is required to hold it on that basis, except to the extent permitted by the Governor.

4 Terms of office

(1) Subject to this Schedule, the Inspector holds office for such term not exceeding 5 years as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

(2) A person may not hold the office of Inspector for terms totalling more than 5 years.

5 Remuneration

(1) The Inspector is entitled to be paid such remuneration (including travelling and subsistence allowances) as may be specified in the instrument of appointment or as may be afterwards determined by the Governor from time to time.

(2) A determination does not operate so as to reduce the rate at which remuneration is payable during the person’s current term of office.

(3) The Inspector is not, if a Judge of a New South Wales court and while receiving remuneration as such a Judge, entitled to remuneration under this Act.

6 Provisions where Judge is holding office as Inspector

(1) The appointment of a person who is the holder of a judicial office as Inspector or service by a person who is the holder of a judicial office as Inspector does not affect:

(a) the person’s tenure of that judicial office, or

(b) the person’s rank, title, status, remuneration or other rights or privileges as the holder of that judicial office.

(2) The person’s service as Inspector is, for all purposes, taken to be service as the holder of that judicial office.

(3) In this clause:

judicial office means an office of Judge of a court of New South Wales.

7 Vacancy in office

(1) Vacancies

The office of Inspector becomes vacant if the holder:

(a) dies, or

(b) completes a term of office and is not re-appointed, or

(c) holds office for longer than the relevant term mentioned in clause 4, or

(d) resigns the office by instrument in writing addressed to the Governor, or

(e) is nominated for election as a member of the Legislative Council or of the Legislative Assembly or as a member of a House of Parliament or a legislature of another State or Territory or of the Commonwealth, or

(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

(g) becomes a mentally incapacitated person, or

(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or

(i) is removed from office under subclause (2).

(2) Removal from office

The Inspector may be removed from office by the Governor on the address of both Houses of Parliament.

8 Filling of vacancy

If the office of Inspector becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.

9 Effect of certain other Acts

(1) The Public Sector Employment and Management Act 2002 does not apply to the appointment of the Inspector, and the holder of that office is not, as holder, subject to that Act.

(2) If by or under any other Act provision is made:

(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or

(b) prohibiting the person from engaging in employment outside the duties of that office,

the provision does not operate to disqualify the person from holding that office and also the office of Inspector or from accepting and retaining any remuneration payable to the person under this Act as Inspector.

10 Veto of proposed appointment of Inspector

(1) A person is not to be appointed as Inspector until:

(a) a proposal that the person be so appointed has been referred to the Joint Committee under section 64A, and

(b) the period that the Committee has under that section to veto the proposed appointment has ended without the Committee having vetoed the proposed appointment or the Committee notifies the Minister that it has decided not to veto the proposed appointment.

(2) A person may be proposed for appointment on more than one occasion.

(3) In this clause, appointment includes re-appointment.

Schedule 2 (Repealed)

Schedule 3 Rights of certain staff of Commission

(Section 104 (12))

1 Definitions

In this Schedule:

member of staff means a member of staff of the Commission who is employed under section 104 otherwise than on a temporary basis.

proclaimed body means any body or organisation constituted or regulated by or under an Act that is declared by the Governor to be a body or organisation to which this Schedule applies.

superannuation scheme means a scheme, fund or arrangement, under which any superannuation or retirement benefits are provided and which is established by or under any Act.

2 Preservation of rights of staff previously public servants etc

(1) This clause applies where a member of staff was, immediately before being employed as a member of staff:

(a) an officer of the Public Service or the Teaching Service, or

(b) a member of the Police Force, or

(c) a contributor to a superannuation scheme, or

(d) an officer employed by a proclaimed body, or

(e) a person in respect of whom provision was made by any Act for the retention of any rights accrued or accruing to the person as an officer or employee.

(2) The member of staff:

(a) shall retain any rights accrued or accruing to him or her as such an officer, member, contributor or person, and

(b) may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before being employed as a member of staff, and

(c) is entitled to receive any deferred or extended leave and any payment, pension or gratuity,

as if he or she had continued to be such an officer, member, contributor or person during his or her service as a member of staff.

(3) Service as a member of staff shall be regarded as service as an officer or employee for the purposes of any law under which those rights accrued or were accruing, under which he or she continues to contribute or by which that entitlement is conferred.

(4) The member of staff shall be regarded as an officer or employee, and the Commissioner shall be regarded as the employer, for the purposes of the superannuation scheme to which he or she is entitled to contribute under this clause.

(5) If the member of staff would, but for this subclause, be entitled under subclause (2) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme:

(a) he or she is not so entitled on becoming (whether on being employed as a member of staff or at any later time while a member of staff) a contributor to any other superannuation scheme, and

(b) the provisions of subclause (4) cease to apply to or in respect of him or her and the Commissioner in any case where he or she becomes a contributor to any such other superannuation scheme.

(6) Subclause (5) does not prevent the payment to the member of staff (on his or her ceasing to be a contributor to a superannuation scheme) of such amount as would have been payable to him or her if he or she had ceased, because of resignation, to be an officer or employee for the purposes of the scheme.

(7) A member of staff is not, in respect of the same period of service, entitled to dual benefits of the same kind through the operation of this clause.

3 Member of staff entitled to re-appointment to former employment in certain cases

A person who:

(a) being a member of staff, ceases to be employed under section 104 (except through dismissal on the ground of misbehaviour), and

(b) was, immediately before being employed as a member of staff:

(i) an officer of the Public Service or the Teaching Service, or

(ii) an officer employed by a proclaimed body,

(c) (Repealed)

is entitled to be appointed to some position in the Public Service, the Teaching Service or the service of the proclaimed body, as the case may be, not lower in classification and salary than that which the person held immediately before being employed as a member of staff.

4 Rank etc of seconded police

While a police officer is a member of the staff of the Commission by reason of performing services for the Commission, the member shall retain rank, seniority and remuneration as a police officer.

Schedule 4 Savings, transitional and other provisions

(Section 117A)

Part 1 Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Independent Commission Against Corruption (Amendment) Act 1990

Investigative Bodies Legislation Amendment Act 1997

Independent Commission Against Corruption Amendment (Ethics Committee) Act 2003

Independent Commission Against Corruption Amendment Act 2005

Public Sector Employment Legislation Amendment Act 2006, to the extent that it amends this Act

Independent Commission Against Corruption Amendment Act 2008

Independent Commission Against Corruption and Ombudsman Legislation Amendment Act 2009

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 Provisions consequent on enactment of Independent Commission Against Corruption (Amendment) Act 1990

1A Definition

In this Part, amending Act means the Independent Commission Against Corruption (Amendment) Act 1990.

2 Secrecy—task force and members

Section 16 applies as amended by the amending Act to information disseminated before or after the commencement of the amendment to a task force or member of a task force.

3 Effect of pending proceedings on Commission’s powers

Section 18 applies as amended by the amending Act to and in respect of proceedings whether the proceedings were commenced before or after the commencement of the amendment.

4 Commission’s powers to make and report findings etc

(1) In this clause:

the relevant amendments means the amendments made to this Act by Schedule 1 (6)–(10) to the amending Act.

(2) Anything done or purporting to have been done by the Commission before the commencement of the relevant amendments which would have been validly done if those amendments had then been in force is to be considered to have been, and always to have been, validly done.

(3) This Act applies as amended by the relevant amendments to and in respect of a report under section 74:

(a) even if the report relates to a reference made or an investigation or hearing commenced or completed before the commencement of those amendments, and

(b) even if the report was prepared before, or its preparation was begun before, the commencement of those amendments.

Part 3 Provision consequent on enactment of Statute Law Revision (Local Government) Act 1995

5 Saving provision

An investigation may be commenced and completed in relation to a reference made in accordance with this Act before the amendment of section 3 by the Statute Law Revision (Local Government) Act 1995 in respect of an urban committee or a person or body exercising all or any of the functions of such a committee as if that section had not been so amended.

Part 4 Provisions consequent on the enactment of Schedule 4 to Investigative Bodies Legislation Amendment Act 1997

6 Definition

In this Part, amending Act means the Investigative Bodies Legislation Amendment Act 1997.

7 Conditional release

(1) Section 36A only applies to any release ordered on or after the commencement of that section.

(2) Section 36B only applies to any decision, failure or order made or occurring on or after the commencement of that section.

8 Preventing witness from attending

A reference in section 92 (3), as inserted by the amending Act, to a person who is in detention includes a reference to a person in detention at the commencement of that subsection even if the person was detained before that commencement.

9 Release of contemnor

(1) The power, contained in section 100A, to release an offender detained under section 100 may be exercised in relation to an offender already in detention at the commencement of section 100A or detained at any time afterwards.

(2) Section 100B only applies to any decision, failure or order made or occurring on or after the commencement of that section.

10 Secrecy of identity and location of witness

A reference in section 112, as amended by the amending Act, to a person who has given evidence includes a reference to a person who has given evidence before the commencement of that amendment.

Part 5 Provisions consequent on enactment of Independent Commission Against Corruption Amendment Act 2005

11 Definition

In this Part, amending Act means the Independent Commission Against Corruption Amendment Act 2005.

12 Pending investigations

(1) The amendments made by the amending Act apply to and in respect of a complaint or report made to, or investigation commenced by, the Commission before the commencement of this clause.

(2) Despite subclause (1), the amendments made by the amending Act (other than those made to Part 10 (Contempt of Commission)) do not affect or apply to or in respect of any investigation in which a public hearing has commenced before the commencement of this clause.

(3) In particular, the amendments made by the amending Act do not affect any step taken in respect of the public hearing or in connection with a hearing.

13 Annual reports

The amendments made to section 76 by the amending Act extend to the annual report for the year ended, except as provided by the regulations.

14 References to hearings

In any statutory instrument other than this Act, a reference to a hearing held under this Act is to be read as a reference to a compulsory examination or public inquiry as the case requires.

15 Inspector

Part 5A, as inserted by the amending Act, extends to complaints made, and conduct of the Commission or officers of the Commission that occurred, before the commencement of this clause, and it does not matter that any person or persons involved are no longer public officials.

Part 6 Provisions consequent on enactment of Public Sector Employment Legislation Amendment Act 2006

16 Definitions

In this Part:

amending Act means the Public Sector Employment Legislation Amendment Act 2006.

relevant commencement means the date on which Schedule 5.5 to the amending Act commences.

17 Existing staff of Commission

(1) Each person who, immediately before the relevant commencement:

(a) was employed by the Commission under section 104 is, on that commencement, taken to have been appointed, in accordance with section 104 as substituted by the amending Act, as a member of staff of the Commission and to hold the same staff position that the person held immediately before that commencement, and

(b) was a member of staff of the Commission pursuant to any arrangements under section 104 is, on that commencement, taken to be a member of staff under section 104A (as inserted by the amending Act).

(2) Any such person who, pursuant to subclause (1) (a), is taken to be appointed and employed as a member of staff of the Commission:

(a) retains any rights to leave (including annual leave, extended leave and sick leave) accrued or accruing to the person as an employee of the Commission before the relevant commencement, and

(b) is, until such time as provision is otherwise made under this or any other Act or law, to continue to be employed in accordance with any State industrial instrument or determination that applied to the person as an employee of the Commission.

Part 7 Provisions consequent on enactment of Independent Commission Against Corruption Amendment (Operations Review Committee) Act 2006

18 Definition

In this Part:

amending Act means the Independent Commission Against Corruption Amendment (Operations Review Committee) Act 2006.

19 Abolition of Committee

(1) The Operations Review Committee is abolished.

(2) A person who ceases to hold office as a member of the Operations Review Committee because of its abolition is not entitled to any remuneration or compensation because of the loss of that office.

20 Existing complaints and other matters

Despite the Interpretation Act 1987 or any other law, the Operations Review Committee does not continue in existence to provide advice with respect to:

(a) the investigation of any complaint, or

(b) any other matter referred to the Committee by the Commissioner,

because the complaint was made, or the matter was referred, before the repeal of Part 6 of this Act by the amending Act.

21 Secrecy

Despite the repeal of section 111 (1) (c) by the amending Act, section 111 continues to apply to and in respect of a person who was a member of the Operations Review Committee as if that paragraph had not been repealed.

Part 8 Provisions consequent on enactment of Independent Commission Against Corruption Amendment Act 2008

22 Definition

In this Part:

amending Act means the Independent Commission Against Corruption Amendment Act 2008.

23 Restriction on publication of written submissions

The amendment made to section 112 by the amending Act extends to any written submissions received by the Commission before the commencement of the amendment.

24 Commencement of proceedings under section 82 or 95

The amendment made to section 116 by the amending Act extends to offences committed, or alleged to have been committed, before the commencement of the amendment.

25 Operation of amendments to section 11

Section 11, as amended by the amending Act, extends to possible corrupt conduct that occurred before the date of assent to that Act.

Part 9 Use of unlawful surveillance device recordings concerning Mr Michael Loch McGurk—2009 amending Act

26 Definitions

In this Part:

Commission includes an officer of the Commission.

relevant recording means a recording of any private conversation to which Mr Michael Loch McGurk, deceased former resident of Cremorne, was a party or was apparently a party.

surveillance device means a surveillance device within the meaning of the Surveillance Devices Act 2007.

27 Use etc of relevant recordings despite Surveillance Devices Act 2007

(1) Part 2 of the Surveillance Devices Act 2007 is not contravened by:

(a) the Commission obtaining, possessing, publishing or communicating, before 31 December 2010, in accordance with a provision of this Act, any relevant recording that has been obtained by the use of a surveillance device in contravention of Part 2 of that Act, or

(b) a person providing any such relevant recording to the Commission, before 31 December 2010, in accordance with a requirement made of the person under this Act, or

(c) the possession, publication or communication at any time of a report of the Commission made before 31 December 2010 concerning any such relevant recording (or of any information in the report).

(2) The Commission is to ensure that the publication or communication of a relevant recording referred to in subclause (1) is made only for the purposes of investigating or reporting on particular alleged corrupt conduct.

28 Operation of this Part

(1) This Part extends to relevant recordings obtained by a person by the use of a surveillance device before the commencement of this Part.

(2) Anything done by the Commission or other person before the commencement of this Part that would not have contravened Part 2 of the Surveillance Devices Act 2007 if it had been done after that commencement is taken not to have been a contravention of that Part.

Part 10 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 2010

29 Maximum period for which Assistant Commissioners may be appointed

Clause 4 (3) of Schedule 1, as amended by the Statute Law (Miscellaneous Provisions) Act (No 2) 2010, applies in relation to a term of office whether served before or after the commencement of the amendment.

Part 11 Miscellaneous

102 Act binds Crown

This Act binds the Crown.

103 Provisions relating to Commissioner and Assistant Commissioners

Schedule 1 has effect.

104 Appointment of staff

(1) The Commissioner may appoint, as members of staff of the Commission, such persons (including a Director of Operations and a Director of Administration) as may be necessary to enable the Commission to exercise its functions.

(2) Those persons are taken to be employed by the Government of New South Wales in the service of the Crown, except as provided by subsection (9).

(3) Each person who is appointed as a member of staff of the Commission under this section:

(a) continues, subject to the provisions of this section and the terms of the person’s appointment, to be employed as a member of staff at the discretion of the Commissioner, and

(b) is, in the person’s capacity as such a member, subject to the control and direction of the Commissioner.

(4) Chapter 1A of the Public Sector Employment and Management Act 2002 does not apply to the appointment or employment of a person under this section as a member of staff of the Commission.

(5) The person appointed as the Director of Operations or as the Director of Administration is to be appointed for a term not exceeding 5 years, but is eligible for re-appointment.

(6) The Commissioner may fix the salaries, wages, allowances and conditions of employment of the staff employed under this section in so far as they are not fixed by or under another Act or law.

(7) The Commissioner may enter into an agreement with any association or organisation representing a group or class of staff employed under this section with respect to industrial matters. Any such agreement binds all persons in the class or group affected by the agreement, and no such person (whether a member of the association or organisation with which the agreement was entered into or not) has any right of appeal against the terms of the agreement.

(8) An agreement under subsection (7) is not an enterprise agreement within the meaning of the Industrial Relations Act 1996. However, the Commissioner may enter into such an enterprise agreement as the employer of the members of staff concerned.

(9) The Commissioner is, for the purposes of any proceedings relating to staff employed under this section held before a competent tribunal having jurisdiction to deal with such matters, taken to be the employer of the staff.

(10) An appeal does not lie to the Industrial Relations Commission concerning a promotional or disciplinary matter affecting any staff employed under this section.

(11) None of the following matters, and no matter, question or dispute relating to any of the following matters, is an industrial matter for the purposes of the Industrial Relations Act 1996:

(a) the appointment of, or failure to appoint, a person to any position as a member of staff of the Commission,

(b) the removal, retirement, termination of employment or other cessation of office of a person in any such position,

(c) any disciplinary proceedings or disciplinary action taken against a person employed under this section.

(12) Schedule 3 has effect with respect to the rights of staff employed under this section.

104A Arrangements for use of services of other staff

(1) The Commission may:

(a) with the approval of the Minister responsible for the department or authority concerned, and

(b) on such terms and conditions as may be approved by the Minister administering this Act,

arrange for the use (by secondment or otherwise) of the services of any staff or facilities of a government department or public authority.

(2) The Commission may:

(a) with the approval of the Minister for Police after that Minister has consulted the Commissioner of Police, and

(b) on such terms and conditions as may be approved by the Minister administering this Act,

arrange for one or more police officers to be made available (by way of secondment or otherwise) to perform services for the Commission.

(3) The Public Sector Employment and Management Act 2002 does not apply in relation to any such members of staff of the Commission and such a member of staff is not subject to that Act.

(4) Members of the staff of the Commission referred to in this section are under the control and direction of the Commissioner in their capacity as such members.

(5) The Commission may terminate an arrangement under subsection (1) or (2) at any time, and no appeal or other proceedings may be brought, in respect of the termination, by or on behalf of the person concerned.

(6) After the termination of such an arrangement respecting a former member of the staff of the Commission:

(a) disciplinary proceedings or disciplinary action may, in accordance with the procedures applicable to his or her principal employment, be taken against the former member in connection with any act or omission committed while a member of that staff, and

(b) any such act or omission shall, for the purposes of paragraph (a), be taken to have been committed by the former member in the course of or during his or her principal employment, and

(c) no court or tribunal may make an order reinstating or having the effect of reinstating the former member as a member of the staff of the Commission.

104B Commission may engage consultants

The Commission may engage any suitably qualified person to provide the Commission with services, information or advice.

105 Powers of seconded police

While a member of the Police Force is a member of the staff of the Commission, the member may continue to act as a constable.

106 Counsel assisting Commission

The Commissioner may appoint an Australian legal practitioner to assist the Commission as counsel, either generally or in relation to a particular matter or matters.

107 Delegation

(1) The Commission may delegate to an Assistant Commissioner or an officer of the Commission any of its functions.

(2) The Commissioner may delegate to an Assistant Commissioner or an officer of the Commission any of his or her functions.

(3) An Assistant Commissioner or officer of the Commission may delegate to an officer of the Commission any of the functions delegated to the Assistant Commissioner or officer, subject to any conditions to which the delegation is subject.

(4) The following functions may not be delegated:

(a) a power of delegation conferred by this section,

(b) a function of making a report under this Act,

(c) the power of the Commissioner to issue a warrant for the arrest of a person under section 36 or 100,

(d) the power of the Commissioner to issue search warrants under section 40,

(e) the power of the Commissioner to certify as referred to in section 111 (4) (c).

(5) The following functions may be delegated only to an Assistant Commissioner:

(a) the power to require a public authority or public official to produce a statement of information under section 21,

(b) the power to require a person to attend and produce a document or other thing under section 22,

(c) the power to authorise an officer of the Commission to enter premises under section 23,

(d) the making of an application for an injunction under section 27,

(e) the powers of the Commission or the Commissioner under Division 3 of Part 4 at or in connection with a compulsory examination or public inquiry, except the power to issue a warrant for the arrest of a person under section 36,

(f) the powers of the Commissioner under Part 10 at or in connection with a hearing.

(6) The functions referred to in subsection (4) may however be delegated to an Assistant Commissioner (and to an Assistant Commissioner only) if the Commissioner is of the opinion that there would or might be a conflict of interest or that it would be in the interests of justice to do so.

(7) No person shall be concerned to inquire whether circumstances exist warranting a delegation under subsection (6), and a statement in the instrument of delegation of the Commissioner’s opinion referred to in that subsection is sufficient.

108 Service of documents

For the purposes of this Act, service of a document on a person may be effected:

(a) on a natural person:

(i) by delivering it to the person personally, or

(ii) by leaving it at, or by sending it by pre-paid post to, the residential or business address of the person last known to the person serving the document, or

(b) on a body corporate—by leaving it at, or by sending it by pre-paid post to, the head office, a registered office or a principal office of the body corporate,

or in any other way in which service could have been effected had this section not been enacted.

109 Protection from liability

(1) No matter or thing done by the Commission, the Commissioner, the Inspector or any person acting under the direction of the Commission, the Commissioner or the Inspector shall, if the matter or thing was done in good faith for the purpose of executing this or any other Act, subject the Commissioner, the Inspector or a person so acting personally to any action, liability, claim or demand.

(2) (Repealed)

(3) An Australian legal practitioner assisting the Commission or representing a person before the Commission has the same protection and immunity as a barrister (within the meaning of the Legal Profession Act 2004) has in appearing for a party in proceedings in the Supreme Court.

(4) Subject to this Act, a person summoned to attend or appearing before the Commission as a witness, or producing a document or other thing to the Commission, has the same protection as a witness in proceedings in the Supreme Court.

(5) No criminal or civil liability (apart from this Act) attaches to any person for compliance, or purported compliance in good faith, with any requirement made under this Act.

(6) In particular, if a person gives any statement of information or produces any document or other thing under section 21 or 22, no civil liability attaches to the person for doing so, whether that liability would arise under a contract or otherwise.

110 Disclosure of pecuniary interests and other matters

The regulations may make provision for or with respect to:

(a) the disclosure by officers of the Commission of all or any of the following pecuniary interests or other matters:

(i) real or personal property,

(ii) income,

(iii) gifts,

(iv) financial or other contributions to any travel,

(v) shareholdings or other beneficial interests in corporations,

(vi) partnerships,

(vii) trusts,

(viii) positions (whether remunerated or not) held in, or membership of, corporations, trade unions, professional associations or other organisations or associations,

(ix) occupations, trades, professions or vocations,

(x) debts,

(xi) payments of money or transfers of property to relatives or other persons by, or under arrangements made by, officers of the Commission,

(xii) any other direct or indirect benefits, advantages or liabilities, whether pecuniary or not, of a kind specified in the regulations, and

(b) prescribing the manner in which, and the times at which, pecuniary interests or other matters shall be disclosed and providing for the verification by statutory declaration or otherwise of any such disclosure, and

(c) the compilation and maintenance of registers of pecuniary interests or other matters by officers of the Commission and the inspection and publication of any such register.

111 Secrecy

(1) This section applies to:

(a) a person who is or was an officer of the Commission, and

(b) a person who is or was an Australian legal practitioner appointed to assist the Commission or who is or was a person who assists, or performs services for or on behalf of, such an Australian legal practitioner in the exercise of the Australian legal practitioner’s functions as counsel to the Commission, and

(c) (Repealed)

(d) a person or body referred to in section 14 (3), 16 (4) or 53 (6), and

(e) a person who is or was an officer of the Inspector.

(2) A person to whom this section applies shall not, directly or indirectly, except for the purposes of this Act or otherwise in connection with the exercise of the person’s functions under this Act:

(a) make a record of any information, or

(b) divulge or communicate to any person any information,

being information acquired by the person by reason of, or in the course of, the exercise of the person’s functions under this Act.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(3) A person to whom this section applies shall not be required:

(a) to produce in any court any document or other thing that has come into the person’s possession, custody or control by reason of, or in the course of, the exercise of the person’s functions under this Act, or

(b) to divulge or communicate to any court any matter or thing that has come to the person’s notice in the exercise of the person’s functions under this Act,

except for the purposes of a prosecution or disciplinary proceedings instituted as a result of an investigation conducted by the Commission in the exercise of its functions.

(4) Despite this section, a person to whom this section applies may divulge any such information:

(a) for the purposes of and in accordance with this Act, or

(b) for the purposes of a prosecution or disciplinary proceedings instituted as a result of an investigation conducted by the Commission in the exercise of its functions, or

(c) in accordance with a direction of the Commissioner or Inspector, if the Commissioner or Inspector certifies that it is necessary to do so in the public interest, or

(d) to any prescribed authority or person.

(5) An authority or person to whom information is divulged under subsection (4), and any person or employee under the control of that authority or person, shall, in respect of that information, be subject to the same rights, privileges, obligations and liabilities under subsections (2) and (3) as if he or she were a person to whom this section applies and had acquired the information in the exercise of functions under this Act.

(6) In this section:

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

produce includes permit access to.

111A Secrecy provisions in other Acts

The following provisions do not apply to the divulging of information, or the production of any document or other thing, pursuant to a requirement made by or under this Act:

(a) section 15 (Secrecy) of the Companies (Administration) Act 1981.

(b) (Repealed)

111B Privacy and Personal Information Protection Act 1998

Section 67 of the Privacy and Personal Information Protection Act 1998 does not apply to the disclosure of information for the purposes of any proceedings for an offence under this Act.

111C Relationship with Ombudsman regarding conduct of Commission and Inspector

Conduct of the Commissioner or an officer or former officer of the Commission cannot be made the subject of a complaint, inquiry, investigation or other action under the Ombudsman Act 1974, except in relation to matters referred to the Ombudsman by the Inspector.

111D Complaints by public officials

(1) A public official within the meaning of the Public Interest Disclosures Act 1994 may complain to the Inspector (orally or in writing) about the conduct of the Commission, an officer or former officer of the Commission or an officer of the Inspector.

(2) In this section:

conduct includes conduct by way of action or inaction or alleged action or inaction.

111E Public authority response to corruption prevention recommendations of Commission

(1) As soon as practicable after making a recommendation under section 13 (3) (b) for a specified public authority to take action to reduce the likelihood of corrupt conduct occurring, the Commission must furnish a copy of the recommendation to the authority and to the Minister for the authority.

(2) The public authority must inform the Commission in writing within 3 months (or such longer period as the Commission may agree to in writing) after receiving the recommendation, whether it proposes to implement any plan of action in response to the recommendation and, if so, of the plan of action.

(3) A public authority that informs the Commission of such a plan must provide a written report to the Commission of any progress in implementing the plan:

(a) 12 months after informing the Commission of the plan, and

(b) if the plan is not then fully implemented, 12 months after that.

112 Restriction on publication of evidence

(1) The Commission may direct that:

(a) any evidence given before it, or

(b) the contents of any document, or a description of any thing, produced to the Commission or seized under a search warrant issued under this Act, or

(c) any information that might enable a person who has given or may be about to give evidence before the Commission to be identified or located, or

(d) the fact that any person has given or may be about to give evidence at a compulsory examination or public inquiry, or

(e) any written submissions received by the Commission (including, but not limited to, submissions made by Counsel assisting the Commission),

shall not be published or shall not be published except in such manner, and to such persons, as the Commission specifies.

(1A) The Commission is not to give a direction under this section unless satisfied that the direction is necessary or desirable in the public interest.

(2) A person shall not make a publication in contravention of a direction given under this section.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

113 Evidence in criminal proceedings

(1) If:

(a) a person has been charged with an offence before a court of the State, and

(b) the court considers that it is desirable in the interests of justice that particular evidence given before the Commission, being evidence in relation to which the Commission has given a direction under section 112, be made available to the person or to an Australian legal practitioner representing the person or to the prosecutor,

the court may give to the Commission a certificate to that effect.

(2) The Commissioner may appear before the court for the purpose of making representations concerning the giving of such a certificate.

(3) On such a certificate being given, the Commission shall make the evidence or information available to the court.

(4) The court may make the evidence or information available to the person charged with the offence concerned, to an Australian legal practitioner representing the person charged or to the prosecutor, if the court has examined the evidence or information and is satisfied that the interests of justice so require.

(5) Nothing in section 111 prevents a person to whom that section applies from producing any document or other thing, or divulging or communicating any matter or thing, to the extent necessary to give effect to this section.

(6) Nothing in section 112 prevents the evidence or information being made available under this section.

114 Disclosures prejudicing investigations

(1) A person who is required:

(a) by a notice under section 21 or 22 to produce a statement of information or to attend and produce a document or other thing, or

(b) by a summons under section 35 to give evidence or to produce a document or other thing,

shall not disclose any information about the notice or summons that is likely to prejudice the investigation to which it relates.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(2) Subsection (1) does not apply to a notice or summons unless it specifies that information about the notice or summons must not be disclosed.

(3) A person does not contravene this section if:

(a) the disclosure is made to an employee, agent or other person in order to obtain information to comply with the notice or summons and the employee, agent or other person is directed not to inform the person to whom the information relates about the matter, or

(b) the disclosure is made to obtain legal advice or representation in relation to the notice or summons, or

(c) the disclosure is made for the purposes of, or in the course of, legal proceedings.

(4) A reference in this section to the disclosure of any information about a notice or summons includes a reference to:

(a) a disclosure about the existence or nature of the notice or summons or of the investigation to which it relates, and

(b) a disclosure of any information to a person from which the person could reasonably be expected to infer the existence or nature of the notice or summons or of the investigation to which it relates.

115 Penalties for offences committed by corporations

The maximum penalty applicable to a corporation convicted of an offence against this Act or the regulations is (except in so far as other provision is made by section 116) double the pecuniary penalty otherwise applying to the offence.

116 Proceedings for offences

(1) Except where otherwise expressly provided by this Act, proceedings for an offence against this Act or the regulations shall be dealt with summarily before the Local Court.

(2) If an offence against this Act is an indictable offence, the Local Court may nevertheless hear and determine the proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and prosecutor consent.

(3) If, in accordance with subsection (2), the Local Court convicts a person of such an offence, the maximum penalty that the court may impose is:

(a) in the case of an individual—the smaller of:

(i) a fine of 50 penalty units or imprisonment for 2 years, or both, or

(ii) the maximum penalty otherwise applicable to the offence when committed by an individual, or

(b) in the case of a corporation—the smaller of:

(i) a fine of 100 penalty units, or

(ii) the maximum penalty otherwise applicable to the offence when committed by a corporation.

(4) Proceedings for an alleged offence under section 80 (c), 81, 82 or 95 may be commenced within 3 years after the commission of the alleged offence.

(5) Proceedings for an alleged offence under section 112 may be commenced within 2 years after the commission of the alleged offence.

117 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, the regulations may make provision for or with respect to:

(a) the appointment, conditions of employment, discipline, code of conduct and termination of employment of staff of the Commission, and

(b) security checks of officers of the Commission and applicants for appointment or engagement as officers of the Commission, and

(c) the service of a notice to an occupier whose premises are entered under a search warrant, and

(d) the issue of identity cards to officers of the Commission and their use, and

(e) forms to be used for the purposes of this Act, and

(f) the use and custody of the seal of the Commission.

(3) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.

(4) Regulations may be made only on the recommendation of the Commissioner, except regulations made under section 110.

117A Savings, transitional and other provisions

Schedule 4 has effect.

118–121 (Repealed)

122 Parliament

Nothing in this Act shall be taken to affect the rights and privileges of Parliament in relation to the freedom of speech, and debates and proceedings, in Parliament.

Schedule 1 Provisions relating to Commissioner and Assistant Commissioners

(Section 103)

1 Eligibility for appointment

(1) A person is not eligible to be appointed as Commissioner or Assistant Commissioner or to act in either of those offices unless the person is:

(a) qualified to be appointed as a Judge of the Supreme Court of the State or of any other State or Territory, a Judge of the Federal Court of Australia or a Justice of the High Court of Australia, or

(b) a former judge of any court of the State or elsewhere in Australia or a former Justice of the High Court.

(2) A person is not eligible to be appointed as Commissioner or Assistant Commissioner if the person is:

(a) the holder of any judicial office, or

(b) a member of the Legislative Council or the Legislative Assembly or is a member of a House of Parliament of another State or of the Commonwealth.

2 Acting Commissioner or Assistant Commissioner

(1) The Governor may, from time to time, appoint a person to act in the office of Commissioner or Assistant Commissioner during the illness or absence of the Commissioner or Assistant Commissioner, and the person, while so acting, has all the functions of the Commissioner or Assistant Commissioner and shall be taken to be the Commissioner or Assistant Commissioner.

(2) The Governor may, at any time, remove a person from the office to which the person was appointed under this clause.

(3) A person while acting under this clause is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine.

(4) For the purposes of this clause:

(a) a vacancy in the office of Commissioner or Assistant Commissioner shall be regarded as an absence from office of Commissioner or Assistant Commissioner, and

(b) an Assistant Commissioner shall be regarded as absent from office as an Assistant Commissioner during any period when the Assistant Commissioner acts in the office of the Commissioner pursuant to an appointment under this clause.

3 Basis of offices

(1) The office of Commissioner is a full-time office.

(2) The office of Assistant Commissioner may be a full-time office or a part-time office, according to the terms of appointment.

(3) The holder of a full-time office referred to in subclause (1) or (2) is required to hold it on that basis, except to the extent permitted by the Governor.

4 Terms of office

(1) Subject to this Schedule, the Commissioner shall hold office for such term not exceeding 5 years as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

(1A) Subject to this Schedule, an Assistant Commissioner is to hold office for such term not exceeding 7 years as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

(2) A person may not hold the office of Commissioner for terms totalling more than 5 years.

(3) A person may not hold the office of Assistant Commissioner for terms totalling more than 7 years.

5 Remuneration

(1) The Commissioner or an Assistant Commissioner is entitled to be paid such remuneration (including travelling and subsistence allowances) as may be specified in the instrument of appointment or as may be afterwards determined by the Governor from time to time.

(2) A determination does not operate so as to reduce the rate at which remuneration is payable during the person’s current term of office.

(3) Remuneration is payable out of the Consolidated Fund, which is accordingly appropriated to the necessary extent.

6 Vacancy in office

(1) The office of Commissioner or Assistant Commissioner becomes vacant if the holder:

(a) dies, or

(b) completes a term of office and is not re-appointed, or

(c) holds office for longer than the relevant period mentioned in clause 4, or

(d) resigns the office by instrument in writing addressed to the Governor, or

(e) becomes the holder of a judicial office, or

(f) is nominated for election as a member of the Legislative Council or the Legislative Assembly or as a member of a House of Parliament of another State or of the Commonwealth, or

(g) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

(h) becomes a mentally incapacitated person, or

(i) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or

(j) is removed from office under subclause (2) or (3).

(2) The Commissioner may be removed from office by the Governor on the address of both Houses of Parliament.

(3) The Governor may remove an Assistant Commissioner from office for incapacity, incompetence or misbehaviour.

7 Filling of vacancy

(1) If the office of Commissioner becomes vacant, a person shall, subject to this Act, be appointed to fill the vacancy.

(2) If the office of Assistant Commissioner becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy.

8 Public Sector Management Act 1988

The Public Sector Management Act 1988 does not apply to the appointment of the Commissioner or an Assistant Commissioner, and the holder of either office is not, as holder, subject to that Act.

9 Judicial office

In this Schedule, judicial office means a judicial office of the State or elsewhere in Australia.

71 Application of certain Acts etc

For the purposes of the Parliamentary Evidence Act 1901 and the Parliamentary Papers (Supplementary Provisions) Act 1975 and for any other purposes:

(a) the Joint Committee shall be taken to be a joint committee of the Legislative Council and Legislative Assembly, and

(b) the proposal for the appointment of the Joint Committee shall be taken to have originated in the Legislative Assembly.

72 Validity of certain acts or proceedings

Any act or proceeding of the Joint Committee is, even though at the time when the act or proceeding was done, taken or commenced there was:

(a) a vacancy in the office of a member of the Committee, or

(b) any defect in the appointment, or any disqualification, of a member of the Committee,

as valid as if the vacancy, defect or disqualification did not exist and the Committee were fully and properly constituted.

Part 7A Parliamentary ethical standards

Division 1 Legislative Council

72A Definition

In this Division:

designated committee means the committee of the Legislative Council that is for the time being designated under section 72B.

72B Designation of committee

(1) As soon as practicable after the commencement of this Division and the commencement of the first session of each Parliament, a committee of the Legislative Council is to be designated by resolution of the Legislative Council as the designated committee for the purposes of this Division.

(2) Another committee of the Legislative Council may be designated by such a resolution from time to time in place of any previously designated.

(3) The designation of a committee under this section does not affect the functions that the committee has apart from this Division.

72C Functions of committee

(1) The functions of the designated committee are:

(a) to prepare for consideration by the Legislative Council draft codes of conduct for members of the Legislative Council and draft amendments to codes of conduct already adopted, and

(b) to carry out educative work relating to ethical standards applying to members of the Legislative Council, and

(c) to give advice in relation to such ethical standards in response to requests for advice by the Legislative Council, but not in relation to actual or alleged conduct of any particular person.

(2) The designated committee may seek comments from the public in relation to any of its functions under this section.

(3) Before presenting a draft code of conduct for consideration by the Legislative Council, the designated committee must:

(a) give public notice of the place at which, the dates on which, and the times during which, a draft code of conduct may be inspected by the public, and

(b) publicly exhibit a copy of the draft code of conduct at the place, on the dates and during the times set out in the notice, and

(c) specify, in the notice, the period during which submissions may be made to the committee.

(4) Any person may, during the period referred to in subsection (3) (c), make submissions in writing to the designated committee with respect to the provisions of the draft code of conduct. The committee must take any such submissions into consideration.

(5) The designated committee is to review a code of conduct adopted by the Legislative Council at least once every 4 years.

(6) (Repealed)

Division 2 Legislative Assembly

72D Definition

In this Division:

designated committee means the committee of the Legislative Assembly that is for the time being designated under section 72DA.

72DA Designation of committee

(1) As soon as practicable after the commencement of this section and the commencement of the first session of each Parliament, a committee of the Legislative Assembly is to be designated by resolution of the Legislative Assembly as the designated committee for the purposes of this Division.

(2) Another committee of the Legislative Assembly may be designated by such a resolution from time to time in place of any previously designated.

(3) The designation of a committee under this section does not affect the functions that the committee has apart from this Division.

72E Functions of committee

(1) The functions of the designated committee are:

(a) to prepare for consideration by the Legislative Assembly draft codes of conduct for members of the Legislative Assembly and draft amendments to codes of conduct already adopted, and

(b) to carry out educative work relating to ethical standards applying to members of the Legislative Assembly, and

(c) to give advice in relation to such ethical standards in response to requests for advice by the Legislative Assembly, but not in relation to actual or alleged conduct of any particular person.

(1A) The designated committee may appoint any member of the public for the purpose of assisting the committee to carry out any of its functions under this section in relation to a code of conduct.

(2) The designated committee may seek comments from the public in relation to any of its functions under this section.

(3) Before presenting a draft code of conduct for consideration by the Legislative Assembly, the designated committee must:

(a) give public notice of the place at which, the dates on which, and the times during which, a draft code of conduct may be inspected by the public, and

(b) publicly exhibit a copy of the draft code of conduct at the place, on the dates and during the times set out in the notice, and

(c) specify, in the notice, the period during which submissions may be made to the committee.

(4) Any person may, during the period referred to in subsection (3) (c), make submissions in writing to the designated committee with respect to the provisions of the draft code of conduct. The committee must take any such submissions into consideration.

(5) The designated committee is to review a code of conduct adopted by the Legislative Assembly at least once every 4 years.

(6) (Repealed)

72F–72K (Repealed)

Part 8 References by and reports to Parliament

Division 1 References to Commission by, and reports by Commission to, Parliament

73 References by Parliament

(1) Both Houses of Parliament may, by resolution of each House, refer to the Commission any matter as referred to in section 13.

(2) It is the duty of the Commission to fully investigate a matter so referred to it for investigation.

(3) It is the duty of the Commission to comply as fully as possible with any directions contained in a reference of a matter referred to in section 13 (1) (k).

(4) Both Houses of Parliament may, by resolution of each House, amend or revoke a reference made under this section.

74 Reports on referred matters etc

(1) The Commission may prepare reports in relation to any matter that has been or is the subject of an investigation.

(2) The Commission shall prepare reports in relation to a matter referred to the Commission by both Houses of Parliament, as directed by those Houses.

(3) The Commission shall prepare reports in relation to matters as to which the Commission has conducted a public inquiry, unless the Houses of Parliament have given different directions under subsection (2).

(4) The Commission shall furnish reports prepared under this section to the Presiding Officer of each House of Parliament.

(5), (6) (Repealed)

(7) A report required under this section shall be furnished as soon as possible after the Commission has concluded its involvement in the matter.

(8) The Commission may defer making a report under this section if it is satisfied that it is desirable to do so in the public interest, except as regards a matter referred to the Commission by both Houses of Parliament.

(9) (Repealed)

74A Content of reports to Parliament

(1) The Commission is authorised to include in a report under section 74:

(a) statements as to any of its findings, opinions and recommendations, and

(b) statements as to the Commission’s reasons for any of its findings, opinions and recommendations.

(2) The report must include, in respect of each “affected” person, a statement as to whether or not in all the circumstances the Commission is of the opinion that consideration should be given to the following:

(a) obtaining the advice of the Director of Public Prosecutions with respect to the prosecution of the person for a specified criminal offence,

(b) the taking of action against the person for a specified disciplinary offence,

(c) the taking of action against the person as a public official on specified grounds, with a view to dismissing, dispensing with the services of or otherwise terminating the services of the public official.

(3) An “affected” person is a person described as such in the reference made by both Houses of Parliament or against whom, in the Commission’s opinion, substantial allegations have been made in the course of or in connection with the investigation concerned.

(4) Subsection (2) does not limit the kinds of statement that a report can contain concerning any such “affected” person and does not prevent a report from containing a statement described in that subsection in respect of any other person.

74B Report not to include findings etc of guilt or recommending prosecution

(1) The Commission is not authorised to include in a report under section 74 a statement as to:

(a) a finding or opinion that a specified person is guilty of or has committed, is committing or is about to commit a criminal offence or disciplinary offence (whether or not a specified criminal offence or disciplinary offence), or

(b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence or disciplinary offence (whether or not a specified criminal offence or disciplinary offence).

(2) A finding or opinion that a person has engaged, is engaging or is about to engage:

(a) in corrupt conduct (whether or not specified corrupt conduct), or

(b) in specified conduct (being conduct that constitutes or involves or could constitute or involve corrupt conduct),

is not a finding or opinion that the person is guilty of or has committed, is committing or is about to commit a criminal offence or disciplinary offence.

(3) In this section and section 74A, criminal offence and disciplinary offence have the same meanings as in section 9.

74C Reports relating to local government and planning authorities

(1) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the making of a proclamation under the Local Government Act 1993 that all civic offices in relation to a local government authority be declared vacant if the Commission is of the opinion that systemic corruption exists within the local government authority.

(2) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the suspension of a councillor from civic office under the Local Government Act 1993 with a view to his or her dismissal for serious corrupt conduct.

(2A) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the suspension of a councillor from civic office under Division 3 (Misbehaviour) of Part 1 of Chapter 14 of the Local Government Act 1993.

(3) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the suspension from duty of a member of the staff of a local government authority with a view to the institution of disciplinary or criminal proceedings against the member of staff for serious corrupt conduct.

(3A) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the appointment of a person under section 118 of the Environmental Planning and Assessment Act 1979 to administer functions of a council under that Act because of serious corrupt conduct by any of the councillors in connection with the exercise or purported exercise of those functions.

(3B) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the suspension of a development consent granted by a consent authority under the Environmental Planning and Assessment Act 1979, or of a modification of such a consent, with a view to its revocation because of serious corrupt conduct by the consent authority or by a councillor or other officer or member of staff of the consent authority in connection with the grant of the consent or modification.

(3C) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to the removal from office under the Environmental Planning and Assessment Act 1979 of a member of the Planning Assessment Commission or of a joint regional planning panel because of corrupt conduct by the member.

(4) The Commission is not to make a recommendation under this section unless the Commission is of the opinion that prompt action is required in the public interest.

(5) This section does not limit any other recommendation that the Commission is authorised to include in a report under section 74 in relation to a local government authority, councillor or member of staff.

(6) This section extends to a report in relation to a matter that has been the subject of an investigation conducted before the commencement of this section.

74D Reports relating to Aboriginal Land Councils

(1) The Commission is authorised to include in a report under section 74 a recommendation that consideration be given to:

(a) the suspension of a councillor or Board member from office under Division 3A of Part 10 of the Aboriginal Land Rights Act 1983, or

(b) the taking of action against a member of staff of an Aboriginal Land Council under that Division.

(2) The Commission is not to make a recommendation under this section unless the Commission is of the opinion that prompt action is required in the public interest.

(3) This section does not limit any other recommendation that the Commission is authorised to include in a report under section 74 in relation to a councillor, Board member or member of staff.

(4) This section extends to a report in relation to a matter that has been the subject of an investigation conducted before the commencement of this section.

75 Special reports

The Commission may, at any time, make a special report to the Presiding Officer of each House of Parliament on any administrative or general policy matter relating to the functions of the Commission.

76 Annual reports

(1) The Commission shall, within the period of 4 months after each 30 June, prepare a report of its operations during the year ended on that 30 June and furnish the report to the Presiding Officer of each House of Parliament.

(2) A report by the Commission under this section in relation to a year shall include the following:

(a) a description of the matters that were referred to the Commission,

(b) a description of the matters investigated by the Commission,

(ba) the following details with respect to matters investigated by the Commission:

(i) the time interval between the lodging of each complaint and the Commission deciding to investigate the complaint,

(ii) the number of complaints commenced to be investigated but not finally dealt with during the year,

(iii) the average time taken to deal with complaints and the actual time taken to investigate any matter in respect of which a report is made,

(iv) the total number of compulsory examinations and public inquiries conducted during the year,

(v) the number of days spent during the year in conducting public inquiries,

(vi) the time interval between the completion of each public inquiry conducted during the year and the furnishing of a report on the matter,

(c) any recommendations for changes in the laws of the State, or for administrative action, that the Commission considers should be made as a result of the exercise of its functions,

(d) the general nature and extent of any information furnished under this Act by the Commission during the year to a law enforcement agency,

(e) the extent to which its investigations have resulted in prosecutions or disciplinary action in that year,

(f) the number of search warrants issued by authorised officers and the Commissioner respectively under this Act in that year,

(g) a description of its activities during that year in relation to its educating and advising functions.

77 Reports relating to authorities

(1) The Commission may furnish to the Presiding Officer of each House of Parliament a report setting out a recommendation referred to in section 55 which it is of the opinion should be adopted and the reasons for its opinion.

(2) Such a report shall not be furnished until after the period of 21 days referred to in section 55 (3) has passed.

Division 2 Reports by Inspector

77A Special reports

The Inspector may, at any time, make a special report to the Presiding Officer of each House of Parliament on:

(a) any matters affecting the Commission, including, for example, its operational effectiveness or needs, and

(b) any administrative or general policy matter relating to the functions of the Inspector.

77B Annual reports of Inspector

The Inspector is required to prepare, within the period of 4 months after each 30 June, a report of the Inspector’s operations during the year ended on that 30 June and furnish the report to the Presiding Officer of each House of Parliament.

Division 3 General

78 Provisions relating to reports

(1) A copy of a report furnished to the Presiding Officer of a House of Parliament under this Part shall be laid before that House within 15 sitting days of that House after it is received by the Presiding Officer.

(1A) The Inspector may include in a report a recommendation that the report be made public forthwith.

(2) The Commission may include in a report a recommendation that the report be made public forthwith.

(3) If a report includes a recommendation by the Commission or the Inspector that the report be made public forthwith, a Presiding Officer of a House of Parliament may make it public whether or not that House is in session and whether or not the report has been laid before that House.

(4) If such a report is made public by the Presiding Officer of a House of Parliament before it is laid before that House, it attracts the same privileges and immunities as if it had been laid before that House.

(5) A Presiding Officer need not inquire whether all or any conditions precedent have been satisfied as regards a report purporting to have been made and furnished in accordance with this Act.

79 References to Presiding Officers

(1) References in this Part to a Presiding Officer are references to the President of the Legislative Council or the Speaker of the Legislative Assembly.

(2) If there is a vacancy in the office of President, the reference to the President shall be taken to be a reference to the Clerk of the Legislative Council.

(3) If there is a vacancy in the office of Speaker, the reference to the Speaker shall be taken to be a reference to the Clerk of the Legislative Assembly.

Part 9 Certain offences

80 Obstruction of Commission, Inspector and others

A person shall not:

(a) without reasonable excuse, wilfully obstruct, hinder, resist or threaten:

(i) the Commission or an officer of the Commission in the exercise of functions under this Act, or

(ii) the Inspector or an officer of the Inspector in the exercise of functions under this Act, or

(iii) an Australian legal practitioner appointed by the Commission to assist the Commission as counsel in the exercise of functions as such counsel, or

(iv) an Australian legal practitioner or other person authorised to appear before the Commission in relation to that appearance, or

(b) without reasonable excuse, refuse or wilfully fail to comply with any lawful requirement of the Commission or an officer of the Commission, or the Inspector or an officer of the Inspector, under this Act, or

(c) wilfully make any false statement to or mislead, or attempt to mislead, the Commission or an officer of the Commission, or the Inspector or an officer of the Inspector, in the exercise of functions under this Act, or

(d) disrupt a compulsory examination or public inquiry before the Commission.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

81 Complaints about possible corrupt conduct

A person shall not, in making a complaint under this Act, wilfully make any false statement to or mislead, or attempt to mislead, the Commission or an officer of the Commission.

Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.

82 Offences relating to obtaining information

A person shall not:

(a) without reasonable excuse, fail to comply with a notice served on the person under section 21, or

(b) in purported compliance with a notice served on the person or some other person under that section, knowingly furnish information that is false or misleading in a material particular.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

83 Offences relating to obtaining documents etc

A person shall not, without reasonable excuse, refuse or fail to comply with a notice served on the person under section 22.

Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.

84 Obstruction of person executing search warrant

A person shall not, without reasonable excuse, obstruct or hinder a person executing a search warrant.

Maximum penalty: 20 penalty units or imprisonment for 2 years, or both.

85 Compulsory examinations and public inquiries

A person who is present at a compulsory examination or public inquiry in contravention of section 31A is guilty of an offence.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

86 Failure to attend etc

(1) A person summoned to attend or appearing before the Commission at a compulsory examination or public inquiry shall not, without reasonable excuse, fail:

(a) to attend before the Commission in accordance with the summons, or

(b) to be sworn or to make an affirmation, or

(c) to answer any question relevant to an investigation put to the person by the Commissioner or other person presiding at the compulsory examination or public inquiry, or

(d) to produce any document or other thing in the person’s custody or control which the person is required by the summons or by the person presiding to produce.

Maximum penalty: 20 penalty units or imprisonment for 2 years, or both.

(2) It is a defence to a prosecution for failing without reasonable excuse to produce a document or other thing if the defendant establishes that the document or other thing was not relevant to an investigation.

(3) A person who without reasonable excuse fails to comply with a condition to which the release of the person under section 36 (6) or 100A is subject, is guilty of an offence.

Maximum penalty: 20 penalty units or imprisonment for 2 years, or both.

87 False and misleading evidence

(1) A person who, at a compulsory examination or public inquiry conducted by the Commission, gives evidence that is false or misleading in a material particular knowing it to be false or misleading, or not believing it to be true, is guilty of an indictable offence.

Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.

(2) Sections 331 and 332 of the Crimes Act 1900 apply to proceedings for an offence against this section in the same way as they apply to proceedings for an offence under section 330 of that Act.

88 Offences relating to documents or other things

(1) A person who, knowing that any document or other thing is or may be required in connection with an investigation, wilfully destroys it or renders it incapable of identification or, in the case of a document, renders it illegible, indecipherable or unusable, with intent to prevent it from being used in connection with the investigation, is guilty of an indictable offence.

Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.

(2) A person who, with intent to delay or obstruct the carrying out by the Commission of any investigation:

(a) destroys or alters any document or other thing relating to the subject-matter of the investigation, or

(b) sends or attempts to send, or conspires with any other person to send, out of New South Wales any such document or other thing, or any property of any description belonging to or in the disposition of or under the control of any person whose affairs are the subject-matter of the investigation,

is guilty of an indictable offence.

Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.

(3) A person who, with intent to delay or obstruct the carrying out by the Commission of any investigation, or with intent to mislead the Commission, fabricates any document or other thing is guilty of an indictable offence, if the document or other thing is produced in evidence to the Commission or is produced in purported compliance with a requirement under section 21 or 22.

Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.

(4) If in any prosecution for an offence against subsection (2) it is proved that the person charged with the offence has destroyed or altered any document or other thing, or has sent or attempted to send, or conspired to send, out of New South Wales any such document or other thing, the onus of proving that in so doing the person had not acted in contravention of this section is on the person.

89 Procuring false testimony by witness

A person who procures or causes or attempts or conspires to procure or cause:

(a) the giving of false testimony at a compulsory examination or public inquiry before the Commission, or

(b) in purported compliance with a notice served on any person under section 21, the furnishing of information that is, to the knowledge of the person so served, false or misleading in a material particular,

is guilty of an indictable offence.

Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.

90 Bribery of witness

A person who:

(a) gives, confers or procures, or promises to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, on or for any person, on any agreement or understanding that any person called or to be called as a witness before the Commission will give false testimony or withhold true testimony, or

(b) attempts by any means to induce a person called or to be called before the Commission to give false testimony, or to withhold true testimony, or

(c) asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or herself, or for any other person, on any agreement or understanding that any person will as a witness before the Commission give false testimony or withhold true testimony,

is guilty of an indictable offence.

Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.

91 Fraud on witness

A person who practises any fraud or deceit on, or knowingly makes or exhibits any false statement, representation or writing to, any person:

(a) called or to be called as a witness before the Commission with intent to affect the testimony of that person as a witness, or

(b) required to comply with a notice under section 21 or 22 with intent to affect that person’s compliance with the notice,

is guilty of an indictable offence.

Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.

92 Preventing witness from attending

(1) A person who wilfully prevents or wilfully endeavours to prevent any person who has been summoned to attend as a witness before the Commission from attending as a witness or from producing anything in evidence pursuant to a summons to attend is guilty of an indictable offence.

Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.

(2) A person who wilfully prevents or wilfully endeavours to prevent any person from complying with a requirement under section 21 or 22 is guilty of an indictable offence.

Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.

(3) A reference in subsection (1) to a person who has been summoned to attend as a witness before the Commission includes a reference to a person who is in detention under a warrant under section 36 (6) or who, having been released under that subsection on condition that the person appear and report himself or herself before the Commission, is still subject to that condition.

93 Injury to witness or person assisting Commission

(1) A person who uses, causes, inflicts or procures, or threatens to use, cause, inflict or procure, any violence, punishment, damage, loss or disadvantage to any person for or on account of:

(a) his or her assisting the Commission, or

(b) any evidence given by him or her before the Commission,

is guilty of an indictable offence.

Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.

(2) In this section, a reference to a person assisting the Commission is a reference to a person who:

(a) has appeared, is appearing or is to appear as a witness before the Commission, or

(b) has complied with or proposes to comply with a requirement under section 21 or 22, or

(c) has assisted, is assisting or is to assist the Commission in some other manner.

94 Dismissal of witness, or person assisting Commission, by employer

(1) An employer who dismisses any employee from his or her employment, or prejudices any employee in his or her employment, for or on account of the employee assisting the Commission is guilty of an indictable offence.

Maximum penalty: 200 penalty units or imprisonment for 5 years, or both.

(2) In this section, a reference to a person assisting the Commission is a reference to a person who:

(a) has appeared, is appearing or is to appear as a witness before the Commission, or

(b) has complied with or proposes to comply with a requirement under section 21 or 22, or

(c) has assisted, is assisting or is to assist the Commission in some other manner.

(3) In any proceedings for an offence against this section, it lies on the employer to prove that any employee shown to have been dismissed or prejudiced in his or her employment was so dismissed or prejudiced for some reason other than the reasons mentioned in subsection (1).

95 Impersonation of officer of Commission

(1) A person shall not directly or indirectly represent that he or she is an officer of the Commission (whether generally or of a particular class of officer), unless the person is such an officer (or of that class).

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(2) For the purposes of subsection (1), a person represents that a state of affairs exists if the person does or says anything, or causes, permits or suffers anything to be done or said,

Police Background Check Procedures

Who can apply?

•  Individuals and CrimTrac accredited agencies only.
Where?
•  All internal and external applications must be directly posted to the Australian Federal Police
(AFP) at the address listed below.
•  Applications through CrimTrac accredited agencies are subject to different processes, depending on the agency chosen by the applicant.

What must the applicant supply?*

•  Completed application (available at link below);
•  Authorised copy of photographic ID (e.g. passport or drivers licence)
*Rare cases may require fingerprints, where applicant will be notified.

What are the costs / turnaround times?

AFP applications fee schedule:
•  $43.00 -$145 (around £24 -£80) for a National Police Check depending on who the employer and is whether fingerprints are supplied with or taken upon the application.
•  Turnaround for direct applications to AFP is around 15 days (inside Australia) on receipt of posted forms. International postage timings will vary.
•  CrimTrac applications: Individual brokers will disclose their fee on application. Application form download (where applicable):
•  http://www.afp.gov.au/what-we-do/police-checks/national-police-checks.aspx
•  http://www.afp.gov.au/what-we-do/police-checks/national-policechecks.aspx#process

Contact Details

Applications to be posted to:
Australian Federal Police,
Criminal Records
Locked Bag 8550
CANBERRA CITY ACT 2601
Tel: + (02) 6202 3333
Email:
vetting@afp.gov.au
Website: www.afp.gov.au

Australia – Know Your Customer (KYC) Rules

Australia is a regional financial center. The majority of illegal proceeds are derived from fraud-related offenses, though narcotics offenses provide a substantial source of crime proceeds.
The Government of Australia (GOA) maintains a comprehensive system to detect, prevent, and prosecute money laundering. Australian law enforcement agencies investigate an increasing number of cases that directly involve offenses committed overseas. Continuous consultation between government agencies and the private sector enables Australia to identify and address new money laundering and terrorist financing risks.

 

KNOW-YOUR-CUSTOMER (KYC) RULES:

Enhanced due diligence procedures for PEPs:

A PEP is an abbreviation for Politically Exposed Person, a term that describes a person who has been entrusted with a prominent public function, or an individual who is closely related to such a person. The terms PEP, Politically Exposed Person and Senior Foreign Political Figure are often used interchangeably
Foreign PEP: YES
Domestic PEP: YES

Australia – KYC covered entities

The following is a list of Know Your Customer entities covered by Australian Law:
Banks
Gaming and bookmaking establishments and casinos
Bullion and cash dealers and money exchanges and remitters, including electronic funds transferors
Insurers and insurance intermediaries
Securities or derivatives dealers
Registrars and trustees
Issuers, sellers or redeemers of travelers checks, money orders or similar instruments
Preparers of payroll in whole or in part in currency on behalf of other persons
Currency couriers

Australia – Suspicious Transaction Reporting (STR) Requirements:

Number of STRs received and time frame: 44,775 from January 2010 to October 2011
Number of CTRs received and time frame: 30,342 from January 2010 to October 2011
The following is a list of STR covered entities covered by Australian Law:
Banks
Gaming and bookmaking establishments and casinos
Bullion and cash dealers and money exchanges and remitters, including electronic funds transferors
Insurers and insurance intermediaries
Securities or derivatives dealers
Registrars and trustees
Issuers, sellers or redeemers of travelers checks, money orders or similar instruments
Preparers of payroll in whole or in part in currency on behalf of other persons
Currency couriers

MONEY LAUNDERING CRIMINAL PROSECUTIONS/CONVICTIONS:

Prosecutions: 224 from January 2010 to October 2011
Convictions: 104 from January 2010 to October 2011

ENFORCEMENT AND IMPLEMENTATION ISSUES AND COMMENTS:

Australia has a robust regime to detect and deter money laundering and terrorism financing. The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) provides the legal framework and establishes obligations. The Attorney-General‘s Department is the policy agency responsible for the AML/CTF Act. The Australian Transaction Reports and Analysis Centre (AUSTRAC) administers the Act, is Australia‘s financial intelligence unit and also the country‘s anti-money laundering regulator.
As of November 2011, the GOA extended its AML/CFT regulation to cover non-financial businesses and professions such as lawyers, accountants, jewelers, and real estate agents. In comparison to the size of the Australian economy and the comprehensive anti-money laundering countermeasures in place, the number of convictions for money laundering remains very low.
Third-party deposits, which can be used as vehicles to facilitate money laundering, are legal in Australia. However, authorities are working to limit the associated risks in Australia‘s financial system. On October 1, 2011, additional AML/CFT provisions came into effect, which require banking institutions to identify third parties undertaking transactions of $10,000 or more. This obligation is in addition to reporting the details of the account holder involved in the transaction, and builds on existing customer due diligence and STR obligations.
The Australian government recently established a new Criminal Assets Confiscation Taskforce, which brings together agencies with key roles in the investigation and litigation of proceeds of crime matters, to enhance the identification of potential asset confiscation matters and strengthen their pursuit.

Risk

Sovereign risk

Sovereign risk

Political risk

The government has a clear majority in the House of Representatives (the lower house of Parliament) but lacks a majority in the Senate (the Upper House), meaning that the government will not be able to pass whatever law it wished to; this it will be slow to legislate its policy agenda in some areas. Prime Minister, Tony Abbott, may be replaced by a member of his Liberal Party in 2015, increasing political uncertainty.

Economic structure risk

The economy’s reliance on commodity exports and the high level of household indebtedness are the biggest structural risks to the economy. We upgraded the rating for economic structure risk from BB to BBB in April. The improved rating was primarily owing to a change in the model with which we rate risk for Australia.

Travel Risk

Security

Travel at your own responsibility. You are also accountable for your own safety while traveling abroad. The aim of this Travel Advice is to provide up-to-date info to enable you to make well-informed decisions.

Crime

Violent crime rate is rare, but petty crime such as pickpocketing and bag snatching occurs in larger cities. Vehicle break-ins are common. Exercise caution in the more popular tourist areas (St. Kilda in Melbourne; Kings Cross, downtown George Street, Darling Harbor, Bondi Beach and The Rocks, in Sydney; Cairns and the Gold Coast, in Queensland), where thieves target foreigners. Hitchhiking should be avoided at all times, and women should not travel alone after dark.

Never leave food or drinks unattended or in the care of strangers. Be wary of accepting snacks, beverages, gum, or cigarettes from new people, as they may contain drugs that could put you at risk of sexual assault and robbery.

Attacks on tourists have occurred. Ensure that your personal belongings are secure, particularly in crowded places. Robberies of safe-deposit facilities are common at inexpensive hotels and hostels.

Terrorism

In September 2014, the Government of Australia raised its National Terrorism Public Alert level from Medium to High due to a perceived increase in the likelihood of a terrorist attack in the country. Visit the website of the Australian National Security for more information. Continue to exercise normal security precautions.

Transportation

Traffic drives on the left. Exercise caution when driving in rural areas, particularly in the Northern Territory, due to roaming animals, excessive speeding and “road-trains” (trucks pulling two or more trailers). Pull over and allow oncoming road-trains to pass to avoid being sideswiped. Access to some remote locations may be impossible during inclement weather. When travelling by car, plan your route carefully due to the great distances between settlements and the isolation of many outback areas. Provide a friend or relative with your itinerary, and ensure that your vehicle is in good repair. Carry sufficient supplies of gasoline, water and food, as well as a cellular telephone. Permits are required when travelling on aboriginal territory.

Public transportation is safe and reliable.

See Transportation Safety in order to verify if national airlines meet safety standards.

Remote areas

Many regions in the interior of Australia are remote, with small populations and few services. Overland travellers may have limited access to telephones and other facilities. Flash floods and bushfires occur in many parts of the country. Monitor news reports carefully. For more information, consult the publication entitled National Visitor Safety Handbook published by Tourism Queensland.

Swimming

Riptides in coastal areas can be strong, including at popular tourist destinations. Several drownings occur each year. Obey the lifeguards, heed flag warnings and under no circumstances swim when a red flag is displayed.

Emergency services

Dial 000 for emergency services.

Requirements

Scanned Documents & Forms Scanned documents may be submitted via electronic copy.
International Authorization Form Must include candidate’s signatureSignature date must be 30 days old or lessMust include candidate’s printed first and last nameMust be legible
National Police Check Application Form Candidate must complete all sections of the form EXCEPT Sections 6 and 7.*Note: If you have not resided in your current location for 10 years or greater, please provide details of your previous residential address(es). To record additional addresses, please use Attachment C (page 5).
National Police Check Consent Form Candidate MUST complete ALL of this 2-page Consent Form.
Proof of Identity:A passport MUST be provided asproof of identity. *Unless thecandidate is applying for a

position within the country

he/she has citizenship.

Scanned passport page to include photo & biographical details*Must be government-issued*Must have a photo on the ID*Scanned color copy

*Must be legible

 

*Note: A minimum of 100 points of identification has to be provided with the candidate’s application.

Address Format

RECIPIENT

[FLOOR] [/] [APARTMENT] HOUSE_NUMBER STREET_NAME STREET_TYPE
LOCALITY PROVINCE_ABBREVIATION POSTAL_CODE
AUSTRALIA

Sample

MICHAEL HOWARD
7/25 ADELAIDE ST
BRISBANE CITY QLD 4000
AUSTRALIA

 

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2014-09-03 02:30 AM Q2 3.1% 3.5% 3.0% 3%
2014-12-03 12:30 AM Q3 2.7% 2.7% (R) 3.1% 3.0%
2015-03-04 12:30 AM Q4 2.5% 2.7% 2.5% 2.5%
2015-06-03 02:30 AM Q1 2.5% 2.79%
2015-09-02 02:30 AM Q2 2.74%
2015-12-02 12:30 AM Q3 2.72%
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