Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Commission for Children and Young People
Act 1998 to give effect to a COAG decision to enable the exchange of information
between the States and Territories about the criminal history of persons who work or
wish to work with children, and for that purpose:

(a) to enable the Commissioner of Police to disclose information relating to
criminal histories to Commonwealth and interstate law enforcement agencies
and employment screening agencies of other States and Territories, and

(b) to make a consequential amendment to the Criminal Records Act 1991.

The Bill also makes statute law revision amendments.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

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Explanatory note page 2

Commission for Children and Young People Amendment Bill 2009
Explanatory note
Schedule 1 Amendment of Commission for Children
and Young People Act 1998 No 146
Schedule 1 [6] inserts proposed section 38A into the Commission for Children and
Young People Act 1998. The proposed section enables the Commissioner of Police
to disclose information about the criminal history of persons for the purposes of
child-related employment screening to CrimTrac, the police forces of the
Commonwealth or other States or Territories and specified employment screening
agencies of other States or Territories. Such information may then be disclosed to the
employment screening agencies. The Commissioner of Police may also disclose, or
arrange for the disclosure of, information about the circumstances of offences or
alleged offences to be disclosed to the employment screening agencies. The power
to provide this additional information will only have effect for a period of 12 months
but may be extended by the regulations. Schedule 1 [5] makes a consequential
amendment.

Schedule 1 [7] makes it clear that interstate child-related employment screening and
related disclosures, as effected by proposed section 38A, may be carried out despite
any other Act or law to the contrary.

Schedule 1 [1]–[4] and [8]–[10] update references to Government bodies and
employees.

Schedule 1 [11] enables regulations providing for savings and transitional matters to
be made consequent on the enactment of the proposed Act.

Schedule 2 Amendment of Criminal Records Act
1991 No 8
Schedule 2 makes it a defence to the offence of disclosing information about a spent
conviction, quashed conviction or pardon if the disclosure was made in accordance
with proposed section 38A of the Commission for Children and Young People Act
1998.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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