This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
The Commission may charge reasonable fees for any services or materials it supplies to any person who requests those services or materials.
A matter or thing done or omitted to be done by the Commission, the Commissioner, an advisory committee of the Commission, a member of any such advisory committee or any person acting under the direction of the Commission, the Commissioner or the advisory committee does not, if the matter or thing was done or omitted in good faith for the purposes of executing this or any other Act, subject the Commissioner, member of the advisory committee or a person so acting personally to any action, liability, claim or demand.
(1) Anything done by a person in good faith and with reasonable care:(a) for the purpose of background checking, or(b) for the purpose of exercising a function under Part 7,does not subject the person to any action, liability, claim or demand.(2) Without limiting subsection (1):(a) a person has qualified privilege in proceedings for defamation in respect of anything done by the person for the purposes of background checking or exercising a function under Part 7, and(b) damages or compensation (whether for breach of contract or otherwise) are not payable in respect of a decision not to employ a person as a result of an estimate of risk carried out in good faith and with reasonable care for the purposes of background checking or an application for an order under Subdivision 2 of Division 2 of Part 7.(3) This section does not limit or affect any other right, privilege or immunity that a person has as a defendant in any proceedings.
(1) A person who discloses any information obtained by the person in connection with background checking or the exercise of functions under Part 7 is guilty of an offence unless the disclosure:(a) is made in good faith for the purposes of background checking or the exercise of a function under Part 7, or(b) is made with the consent of the person to whom the information relates, or(c) is ordered by a court, or any other body or person exercising judicial functions, for the purposes of the hearing or determination by the court, body or person of any matter, or(d) is made with other lawful excuse.(2) A person who dishonestly obtains confidential information relating to background checking or the exercise of functions under Part 7 is guilty of an offence.
Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.
(1) Proceedings for offences against this Act or the regulations are to be dealt with summarily before the Local Court.(2) Despite any other law, proceedings for an offence under this Act must be commenced not later than 2 years from when the offence was alleged to have been committed.
(1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.(2) A person may be proceeded against and convicted under a provision pursuant to this section whether or not the corporation has been proceeded against or been convicted under that provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(1A) (Repealed)(2) The regulations may create offences punishable by a penalty not exceeding 20 penalty units.
(1) A prohibition on employment under this Act prevails to the extent of any inconsistency between it and any other Act or law.(2) The Industrial Relations Commission or any other court or tribunal does not have jurisdiction under any Act or law to order the re-instatement or re-employment of a person or employee contrary to a prohibition on employment imposed by this Act, or to order the payment of damages or compensation for any removal from employment in accordance with this Act.
Schedule 3 has effect.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after 8 March 2010.(3) A report on the outcome of the review is to be tabled in each House of Parliament by 8 March 2011.(4) When carrying out the review, the Minister is required:(a) to consult with government and non-government agencies that provide or deal with services or issues affecting children, and(b) to consult, as far as practicable, with children, utilising the means of consultation developed by the Commission under section 13, and(c) to invite and consider public submissions relating to the review of the Act.