Law enforcement agencies

for the purpose of making decisions in relation to prosecution or sentencing or of assessing:

i) prospective employees or prospective members of the agency

ii) persons proposed to be engaged as consultants to, or to perform services for, the

agency or member of the agency

All offences

Intelligence or security agency

for the purpose of assessing:

i) prospective employees or prospective members of the agency

ii) persons proposed to be engaged as consultants to, or to perform services for, the

agency or member of the agency

All offences

Courts or tribunals

established under Commonwealth, State or Territory law

for the purpose of making a decision, including a decision in relation to sentencing.

All offences

A person making a decision under the Migration Act 1958, Australian Citizenship Act 1948 or the Immigration Act 1980 of the Territory of Norfolk Island

for the purpose of making that decision.

A person or body who employs or otherwise engages other persons in relation to the care, instruction or supervision of minors

for the purpose of finding out whether a person who is being assessed by the person or body for that employment or engagement has been convicted of a designated offence.

Designated offence

(Designated offence means:

(a) a sexual offence; or

(b) any other offence against the person if the victim of the offence was under 18 at the time the offence was committed.

A person or body who otherwise makes available care, instruction or supervision services for minors

for the purpose of finding out whether a person who is being assessed by the person or body in connection with those services has been convicted of a designated offence.

Designated offence

(see above)

Commonwealth Authority

for the purpose of assessing appointees or prospective appointees to a designated position

All offences

(Designated Position means a position in a Commonwealth authority which the head of the authority has determined to be a designated security assessment position whose duties are likely to involve access to national security information classified as secret or top secret)

Australian Transaction Reports and Analysis Centre

for the purpose of assessing:

i) prospective officers or prospective members of the Centre

ii) persons proposed to be engaged as consultants to, or to perform services for, the Centre

All offences

Australian Government Solicitor

for the purpose of instituting or conducting proceedings for Commonwealth offences

All offences

A prescribed person or body

for a prescribed purpose, in relation to a conviction for a prescribed offence

All offences

Law enforcement agency, or an employee or member of the law enforcement agency

a) the disclosure of information to another law enforcement agency, or an employee or member of another law enforcement agency, where the disclosure is

made in the discharge of the duties of the first mentioned agency, employee or

member.

b) filing or recording information that comes into the possession of a law enforcement agency or an employee or member of a law enforcement agency,

where the filing or recording is done in the discharge of the duties of the agency, employee or member.

c) the use by a law enforcement agency of information relating to the investigation

or prevention of crime, where the investigation or prevention of crime is a function of the agency.

All offences

( Employee means: in relation to a law enforcement agency, includes a person engaged as a consultant to, or to perform services for, the agency or a member of the agency.)

No

Prescribed Persons and Bodies

Date

Statutory Reference

Prescribed Purposes

Prescribed Offence

1

Commonwealth authorities

12/7/90

7/9/04

Statutory Rule 1990

No.227

Statutory Rule 2004

No. 287

(1) Assessing the suitability of a person to be engaged, in work that is likely to involve access to national security information classified as secret or top secret

(2) Providing assistance to a person referred to in paragraph 85ZZH(d) of the Act in relation to the making of a decision referred to in that paragraph

All offences

All offences

2

The Defence Force

12/7/90

Statutory Rule 1990

No.227

Assessing the suitability of a person for appointment to a position involving the care, instruction or supervision of minors

Designated offence

( designated offence means:

(a) a sexual offence; or

(b) any other offence against the person if the victim of the offence was under 18 at the time the offence was committed.)

3

The Director of Military Prosecutions referred to in section 188G of the Defence Force Discipline Act 1982 or a prosecutor referred to in rule 50 of the Defence Force Discipline Rules 1985

12/7/90

Statutory Rule 1990

No.227

Considering whether to prosecute and making submissions and decisions as to sentence

All offences

4

Australian Customs Service

12/7/90

Statutory Rule 1990

No.227

(1) Assessing the suitability of a person to have responsibility for matters relating to law enforcement

(2) Considering whether to prosecute and making submissions as to sentence

All offences

All offences

5

Governments of

Queensland, South Australia, Tasmania,

the Northern Territory and the Australian Capital Territory

12/7/90

31/7/91

Statutory Rule 1990

No.227

Statutory Rule 1991

No.235

Assessing the suitability of a person for appointment as a justice of the peace

All offences

6

Prison administrations in New South Wales, Victoria, Queensland, South Australia, Tasmania, Western Australia and the Northern Territory

12/7/90

17/8/00

Statutory Rule 1990

No.227

Statutory Rule 2000

No 219

Assessing the suitability of a person to have responsibility for the care or control of prisoners

Offences involving violence

7

A person who, or body which, employs or otherwise engages persons to provide care for the disabled in residential settings in Victoria

12/7/90

Statutory Rule 1990

No.227

Assessing the suitability of a person to have responsibility for the care of the disabled in a residential setting

Offences involving violence

8

Commonwealth Government and Governments of Queensland, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory

12/7/90

Statutory Rule 1990

No. 227

Assessing the suitability of a person to be licensed as a director, or appointed as the chief executive, of a casino

All offences

9

Government of Tasmania

12/7/90

Statutory Rule 1990

No.227

Assessing the suitability of a person to appointment to the Poppy Advisory and Control Board

Drug offences1

10

Poppy Advisory and Control Board Tasmania

12/7/90

Statutory Rule 1990

No. 227

(1) Assessing the suitability of a person to be the holder of a licence to grow opium poppies

(2) Assessing the suitability of a person to be employed, or otherwise engaged, by the Poppy Advisory and Control Board, Tasmania in connection with:

(a) the processing of applications for licenses to grow opium poppies; or

(b) the monitoring of the growing of opium poppies

Drug offences1

Drug offences1

11

Persons or bodies lawfully engaged in the growing of opium poppies or the production of opiate alkaloids

12/7/90

Statutory Rule 1990

No.227

Assessing the suitability of a person to be employed, in connection with the growing of opium poppies or the production of opiate alkaloids

Drug offences1

12

Public libraries, university libraries, public archives offices and the Australian War Memorial.

12/7/90

Statutory Rule 1990

No.227

Making available material for research, reference or study

All offences

13

Respite Care ACT Inc

the ACT

28/2/95

Statutory Rule 1995

No.23

Assessing the suitability of a person to have responsibility for the care of a disabled or aged person in the disabled or aged person’s home

Offences against the person

14

An issuing body (within the meaning of regulation 6.01 of the Aviation Transport Security Regulations 2005)

7/9/04

and updated 7/6/07

Statutory Rule 2004 No. 287

Updated by Statutory Rule 2007 No. 2

Assessing whether to issue an aviation security identification card (within the meaning of regulation 1.03 of the Aviation Transport Security Regulations 2005) to a person in accordance with Part 6 of those Regulations.

Offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15) Offences against Part 5.3 of the Criminal Code

15

A person who, or body which, employs or otherwise engages another person to provide services or undertake work at a place where care, instruction or supervision services for minors are provided

7/9/04

Statutory Rule 2004 No 287

Assessing the suitability of a person to be employed, or otherwise engaged for financial reward, in work that is likely to involve direct contact with minors

Designated offences (see above)

16

Australian Securities and Investment Commission (ASIC)

31/1/96

15/6/00

Statutory Rule 1996 No.7

Statutory Rule 2000 No 100

(1) Considering whether to prosecute and making submissions as to sentence

(2) Assessing the suitability of a person:

(a) to be a member of the ASIC; or

(b) to be employed by the ASIC; or

(c) to be engaged as a consultant to the ASIC; or

(d) to be engaged to perform services for the ASIC

All offences

All offences

17

A person who, or body which employs or otherwise engages persons to provide advocacy or care for intellectually disabled persons

24/4/98

15/6/00

Statutory Rule 1998

No. 68

Statutory Rule 2000

No 100

Assessing the suitability of a person:

(a) to voluntarily act as an advocate for an intellectually disabled person; and

(b) to have responsibility for the care of an intellectually disabled person.

Offences against the person

18

Australian Capital Territory Corrective Services

28/7/99

Statutory Rule

N0 156

Assessing the suitability of a person to have responsibility for the care or control of prisoners

Example for Item 18

‘Prisoner’ includes a detainee under:

*Custodial Escorts Act 1998 (ACT)

* Periodic Detention Act 1995 (ACT)

*Remand Centres Act 1976 (ACT)

Offences involving violence

19

A person who, or body which, employs or otherwise engages persons to care for or control a detainee under the Migration Act 1958

15/6/00

Statutory Rule 2000

No 100

Assessing the suitability of a person to have responsibility for the care or control of a detainee under the Migration Act 1958

Offences involving violence

20

An issuing body (within the meaning given by regulation 6.07B of the Maritime Transport and Offshore Facilities Security Regulations 2003)

1/10/05 and updated 7/6/07

Select Legislative Instrument 2005 No 202

Updated by Statutory Rule 2007 No. 2

Assessing whether to issue a MSIC (maritime security identification card) to a person in accordance with Subdivision 6.1A.4 of the Maritime Transport and Offshore Facilities Security Regulations 2003

(1) Offences against Part 4 of the Australian Passports Act 2005

(2) Offences against section 24AA, 24AB, 24C, 24D, 25, 27 or 29 of the Crimes Act 1914

(3) Offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15)

(4) Offences against Division 73 of Chapter 4, Chapter 5, Division 145 of Part 7.7 or Division 400 of Part 10.2 of the Criminal Code

(5) Offences against section 233, 233A, 233AC, 233B, 233BAA or 233BAB of the Customs Act 1901

(6) Offences against Division 10 of Part IV of the Navigation Act 1912

(7) Offences against section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995

21

The Secretary of the Attorney-General’s Department and AusCheck staff members (within the meaning of subsection 4(1) of the AusCheck Act 2007)

7/6/07

Statutory Rule 2007 No. 2

For the purposes of the AusCheck scheme (within the meaning of subsection 4(1) of the AusCheck Act 2007)

(1) For an applicant for, or holder of, an aviation security identification card (within the meaning of subsection 4(1) of the AusCheck Act 2007):

(a) offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15); and

(b) offences against Part 5.3 of the Criminal Code

(2) For an applicant for, or holder of, a maritime security identification card (within the meaning of subsection 4(1) of the AusCheck Act 2007):

(a) offences against Part 4 of the Australian Passports Act 2005; and

(b) offences against section 24AA, 24AB, 24C, 24D, 25, 27 or 29 of the Crimes Act 1914; and

(c) offences against Part 2 of the Crimes (Aviation) Act 1991 (except section 15); and

(d) offences against Division 73, Chapter 5, Division 145 or Division 400 of the Criminal Code; and

(e) offences against section 233, 233A, 233AC, 233B, 233BAA or 233BAB of the Customs Act 1901; and

(f) offences against Division 10 of Part IV of the Navigation Act 1912; and

(g) offences against section 9, 10, 11 or 14 of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995