Document ID: chunk:federal_register_of_legislation:F2024C00968:reg:13
Version: federal_register_of_legislation:F2024C00968
Segment Type: reg
Provision Reference: reg 13
Character Range: 51879–54670

13  Advice about background check of an individual—application made, or taken to have been made, by an issuing body
 (1) This section applies if:
 (a) an application for a background check of an individual:
 (i) is made by an issuing body under a provision referred to in paragraph 8(1)(a) or subsection 8(2); or
 (ii) is taken to have been made by an issuing body under subsection 10(2) or 16A(3); and
 (b) AusCheck undertakes a background check of the individual.

Advice relating to criminal history
 (2) The Secretary must advise the issuing body whether or not the individual has an unfavourable criminal history.
 (3) If:
 (a) the individual holds an ASIC or MSIC; and
 (b) the issuing body has been advised in relation to a previous background check of the individual; and
 (c) the advice in relation to the previous background check was that the individual had an unfavourable criminal history;
the Secretary must also advise the issuing body whether there has been a material change in the individual's criminal history.
 (4) If the Secretary advises the issuing body under subsection (2) that the individual has an unfavourable criminal history, the Secretary must inform the individual of that advice and the reasons for that advice.

Advice relating to high risk criminal intelligence assessment
 (4A) The Secretary must advise the issuing body whether or not the Department has been given a high risk criminal intelligence assessment of the individual.

Advice relating to security assessment
 (5) If the application is made under a provision referred to in paragraph 8(1)(a) or is taken to have been made under subsection 10(2) or 16A(3), the Secretary must advise the issuing body whether or not a security assessment of the individual is an adverse security assessment or qualified security assessment.

Advice relating to whether the individual is an unlawful non‑citizen etc.
 (7) If:
 (a) the application is made under a provision referred to in paragraph 8(1)(a) or is taken to have been made under subsection 10(2) or 16A(3); and
 (b) the background check includes an assessment of information relating to whether the individual is an unlawful non‑citizen or holds a visa entitling the individual to work in Australia;
the Secretary must advise the issuing body of the result of that assessment.

Advice relating to identity of individual
 (8) If:
 (a) the application is made under a provision referred to in paragraph 8(1)(a); and
 (b) the background check includes an assessment of information relating to the identity of the individual;
the Secretary must advise the following of the final result of that assessment:
 (c) the issuing body;
 (d) if the final result of that assessment is that the identity of the individual has failed to be verified—the individual.