South Australian Numbered Acts South Australian Numbered Acts (1) Part 3 Division 1
does not apply to the performance of a function or the exercise of a power
by—
(a) a
justice agency; or
(b) a
person who is acting as a member, officer, employee, agent or contractor of a
justice agency.
(2) Part 3 Division 1
does not apply if the disclosure is made, or to be made, to or is made
by—
(a) a
justice agency; or
(b) a
person who is acting as a member, officer, employee, agent or contractor of a
justice agency.
(3) Part 3 Division 1
does not apply if a disclosure is made, or to be made, to or is made by a
justice agency for the purposes of assessing—
(a)
prospective employees or prospective members of the agency; or
(b)
persons proposed to be engaged as consultants to, or to perform services for,
the agency or a member of the agency.
Part 3 Division 1 does not apply if a disclosure is made, or to be made, to or
is made by—
(a) an
intelligence or security agency, for the purpose of assessing—
(i)
prospective employees or prospective members of the
agency; or
(ii)
persons proposed to be engaged as consultants to, or to
perform services for, the agency or a member of the agency; or
(b) a
Commonwealth authority, for the purpose of assessing appointees or prospective
appointees to a designated Commonwealth position; or
(c) a
person who makes a decision under the Migration Act 1958 of the Commonwealth,
the Australian Citizenship Act 2007 of the Commonwealth or the Immigration Act
1980 of the Territory of Norfolk Island, for the purpose of making that
decision; or
(d)
AUSTRAC, for the purpose of assessing—
(i)
prospective members of the staff of AUSTRAC; or
(ii)
persons proposed to be engaged as consultants under
subsection 225(1) of the Anti-Money Laundering and Counter-Terrorism
Financing Act 2006 of the Commonwealth; or
(iii)
persons whose services are proposed to be made available
to AUSTRAC under subsection 225(3) of that Act; or
(e) a
person or body, for the purpose of instituting or conducting proceedings for
any offence.
3—Designated judicial authorities
(1) Part 3 Division 1
does not apply in connection with proceedings before, or the making of any
decision by, a designated judicial authority (including any proceedings
associated with jury selection or service or otherwise with respect to the
operation of a jury, a decision concerning sentencing, or a decision
concerning the granting of bail).
(2) However, a
designated judicial authority before which evidence of a spent conviction is
admitted must take such steps as are, in the opinion of the designated
judicial entity, appropriate to avoid or minimise publication of the evidence.
Part 3 Division 1 does not apply in connection with proceedings before, or the
making of any decision by, the Parole Board.
5—Judicial and associated officers
Part 3 Division 1 does not apply in relation to an assessment of the
suitability of a person appointed, or being considered for appointment—
(a) as a
judge, magistrate or justice of the peace; or
(b) as a
member of a court or tribunal prescribed by the regulations for the purposes
of this paragraph.
6—Care of children
(1) Part 3 Division 1
does not apply in relation to—
(a) any
administrative, judicial or other inquiry into, or assessment of, the fitness
of a person to have the guardianship or custody of a child, or access to a
child; or
(b) any
assessment of the fitness of a person undertaking, or seeking to undertake,
(including without any fee or reward) work or any other activity that directly
involves—
(i)
the care, control, supervision or instruction of
children; or
(ii)
otherwise working in close proximity with children on a
regular basis; or
(c) any
assessment of the fitness of a person undertaking, or seeking to undertake,
(including without any fee or reward) work or any other activity that directly
involves acting as an advocate for children in legal proceedings; or
(d)
without limiting a preceding paragraph, a disclosure required or permitted by
or under another law (including a law of another jurisdiction (including a law
of an overseas jurisdiction)) in relation to a person who works, or who is
seeking to work, with children; or
(e)
any—
(i)
disciplinary or fitness inquiry or investigation; or
(ii)
enforcement action or proceedings (including for the
suspension or cancellation of a registration, licence, accreditation or other
authorisation or authority),
associated with a person within a preceding paragraph.
(2) This clause
extends to cases involving circumstances arising outside this jurisdiction.
(1) Part 3 Division 1
does not apply in relation to—
(a) any
administrative, judicial or other inquiry into, or assessment of, the fitness
of a person to have the guardianship of an aged person or persons with a
disability (including an intellectual disability), illness or impairment; or
(b) any
assessment of the fitness of a person undertaking, or seeking to undertake,
(including without any fee or reward) work or any other activity that directly
involves—
(i)
the care of aged persons or persons with a disability
(including an intellectual disability), illness or impairment in legal
proceedings; or
(ii)
otherwise working in close proximity with aged persons or
persons with a disability (including an intellectual disability), illness or
impairment; or
(c) any
assessment of the fitness of a person undertaking, or seeking to undertake,
(including without any fee or reward) work or any other activity that directly
involves acting as an advocate for aged persons or persons with a disability
(including an intellectual disability), illness or impairment in legal
proceedings; or
(d)
any—
(i)
disciplinary or fitness inquiry or investigation; or
(ii)
enforcement action or proceedings (including for the
suspension or cancellation of a registration, licence, accreditation or other
authorisation or authority),
associated with a person within a preceding paragraph.
(2) This clause
extends to cases involving circumstances arising outside this jurisdiction.
8—Activities associated with a character test
(1) Part 3 Division 1
does not apply in relation to—
(a) any
assessment of whether a person who, pursuant to statute, has obtained, or is
seeking, registration or enrolment, or a licence, accreditation or other
authorisation or authority, in or in relation to an occupation, profession,
position or activity, is a fit and proper person or a person of good
character; or
(b)
any—
(i)
disciplinary or fitness inquiry or investigation; or
(ii)
enforcement action or proceedings (including for the
suspension or cancellation of a registration, licence, accreditation or other
authorisation or authority),
associated with a person within the preceding paragraph.
(2) This clause
extends to cases involving circumstances arising outside this jurisdiction.
9—Firefighting, police and correctional services
(1) Part 3 Division 1
does not apply in relation to a disclosure to an authority concerned with the
prevention or fighting of fires about a conviction that relates to the setting
or lighting of a fire.
(2) Part 3 Division 1
does not apply in relation to a person employed, or seeking employment, as a
police officer.
(3) Part 3 Division 1
does not apply in relation to a person employed in, or seeking employment in,
an office or position involving duties connected with the punishment,
probation or paroling of offenders.
Part 3 Division 1 does not apply in relation to a disclosure or a disclosure
of information where the disclosure is made, in the course of official duties,
by a person who has custody of or access to an official record.
Part 3 Division 1 does not apply to an archive or library (or a person acting
in the performance of a function of an archive or library) in accordance with
the normal procedures of the archive or library.
12—Reports and authorised publications
Part 3 Division 1 does not apply in relation to a disclosure—
(a) made
in the ordinary course of the preparation, publication or use of a textbook,
report, article or collection of material published for historical,
educational, scientific or professional purposes, or in the ordinary course of
any lecture, class or discussion given or held for any such purpose; or
(b) made
in connection with the preparation, publication or use of a genuine series of
law reports on proceedings in courts or tribunals; or
(c) made
in connection with the preparation, publication or use of the official records
of a court or tribunal.
13—Non-identifying information
Part 3 Division 1 does not apply if a disclosure does not contain any
information that would tend to identify the convicted person.
The regulations may prescribe other exclusions from the operation of
section 10, 11 or 12.