Commission for Children and Young People Act 1998 No 146
Current version for 19 March 2012 to date (accessed 26 May 2013 at 07:46)

34   Nature of background checking

For the purposes of this Division, background checking is any or all of the following procedures with respect to a person who is employed or who has applied to be employed in child-related employment:
(a)  a check for any relevant criminal record of the person, for any relevant apprehended violence orders made against the person, for any child protection prohibition orders made against the person or for any relevant employment proceedings completed against the person,
(b)  any other relevant probity check relating to the previous employment or other activities of the person,
(c)  an estimate of the risk to children involved in that child-related employment arising from anything disclosed by such a check, having regard to all the circumstances of the case, including any risk arising from the particular workplace,
(d)  the disclosure of the results of any such check or estimate of risk to any person who determines whether the person is to be employed or continue to be employed in that child-related employment (or to a person who advises or makes recommendations on the matter).
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