Document ID: chunk:federal_register_of_legislation:F2024C00968:reg:21da
Version: federal_register_of_legislation:F2024C00968
Segment Type: reg
Provision Reference: reg 21DA
Character Range: 71213–73492

21DA  Advice about background check of an individual
 (1) This section applies if AusCheck undertakes a background check of an individual under section 11AD, 11AE or 21DC.

Advice relating to criminal history etc.
 (2) The Secretary must advise the responsible entity in relation to whom the CIRMP applies:
 (a) if the background check included an assessment of the individual's criminal history—whether or not the individual has an unfavourable criminal history; and
 (b) if the background check included a security assessment of the individual—whether or not the security assessment of the individual is an adverse security assessment or qualified security assessment; and
 (c) if the background check included an assessment of information relating to whether the individual holds a visa entitling the individual to work in Australia—whether or not the individual has a right to work in Australia, and if so, the class of visa held.
 (3) If the Secretary advises the responsible entity under paragraph (2)(a) that the individual has an unfavourable criminal history, the Secretary:
 (a) must include in the advice details of the type of offence of which the individual has been convicted; and
 (b) must inform the individual of that advice and the reasons for that advice.
 (4) If:
 (a) the Secretary has advised the responsible entity in relation to a previous background check of the individual; and
 (b) the advice in relation to the previous background check was that the individual had an unfavourable criminal history;
the Secretary must also advise the responsible entity whether there has been a material change in the individual's criminal history.
 (5) If:
 (a) the Secretary has advised the responsible entity that the individual has been convicted of a CIRMP‑security‑relevant offence (the relevant CIRMP offence); and
 (b) the responsible entity requests the Secretary, in writing, to provide the responsible entity with details of the relevant CIRMP offence; and
 (c) the individual provides express consent for the Secretary to provide details of the relevant CIRMP offence to the responsible entity;
the Secretary must provide to the responsible entity a document setting out the details of the relevant CIRMP offence and any sentence imposed for the offence.