Commonwealth of Australia Explanatory Memoranda

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AUSTRALIAN CRIME COMMISSION AMENDMENT (NATIONAL POLICING INFORMATION) BILL 2015

                         2013-2014-2015-2016




     THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                               SENATE




AUSTRALIAN CRIME COMMISSION AMENDMENT (NATIONAL POLICING
                  INFORMATION) BILL 2015




        ADDENDUM TO THE EXPLANATORY MEMORANDUM




                      (Circulated by authority of the
            Minister for Justice, the Hon Michael Keenan MP)
AUSTRALIAN CRIME COMMISSION AMENDMENT (NATIONAL POLICING
INFORMATION) BILL 2015


STATEMENT OF COMPATABILITY WITH HUMAN RIGHTS
On page 6, after the sentence: 'This is intended to mirror the type of involvement the current
CrimTrac Board has in these types of decisions', insert:
"The provision of nationally coordinated criminal history checks to accredited bodies will
continue to occur on the basis that the individual to which the police information relates will
have to consent to the provision of that information to an accredited body. Police agencies
may also seek criminal history checks directly from CrimTrac for the purpose of the
administration of justice, such as screening potential jurors. These checks do not require the
subject's consent.
Except in the cases of checks for police for the administration of justice, CrimTrac can only
disclose police checks to the accredited body that has requested the check. An accredited
body must not request a police check unless the individual subject to the check has provided
informed consent. An accredited organisation is also required to provide the police history
check result to the individual subject to the check. This gives the individual an opportunity to
verify the check result and submit a dispute if necessary."


NOTES ON CLAUSES
Schedule 1
On page 19, after the sentence: 'The CrimTrac CEO is currently responsible for determining
which bodies may access nationally coordinated criminal history checks through CrimTrac,
within limits set by the Board', insert:
"When an application to become an accredited agency is submitted, the CrimTrac CEO
consults with state and territory police agencies."
On page 20, after the sentence: 'This is intended provide the Board with a mechanism by
which it may control or limit the release of this specific type of national policing information,
if it so wishes', insert:
"Information provided by a nationally coordinated criminal history check is collected from
state and territory police. It is appropriate that the merged agency Board - which would
include all current CrimTrac Board members and six heads of Commonwealth agencies -
maintains control of, and can limit the release of, the specific type of national policing
information contained in nationally coordinated criminal history checks, by providing
guidance to the ACC CEO.
The Board is experienced in dealing with national policing information and has extensive
knowledge about which bodies would or would not be suitable to access nationally
coordinated criminal history checks."

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On page 25, after the sentence: 'This will enable the Board to play a role in limiting or
restricting the disclosure of this specific type of national policing information, if it so wishes',
insert:
"Information disclosed by a nationally coordinated criminal history check is currently
sourced from state and territory police databases so it is appropriate that the Board, which
includes all state and territory police representatives, has the power to issue a direction about
the disclosure of this information, if it wishes."




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