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Contents (2012 - 51)
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Child Protection (Working with Children) Act 2012 No 51
Current version for 25 August 2017 to date (accessed 20 September 2017 at 12:02)
Part 6 Section 40A
40A   Power to audit declarations made by exempt workers
(1)  This section applies to a statutory declaration provided to an employer by an exempt worker that contains information relating to the offences specified in Schedule 2.
(2)  The Children’s Guardian may audit the accuracy of the statutory declaration, or may authorise a person to carry out such an audit.
(3)  The Children’s Guardian may authorise a person under this section only if the Privacy Commissioner advises the Children’s Guardian, in writing, that the Privacy Commissioner is satisfied that the person is able to adequately provide for the security of any information obtained in the exercise of functions pursuant to the authorisation.
(4)  The Commissioner of Police is authorised to disclose (or arrange for a member of the NSW Police Force to disclose) the following information for the purposes of this section:
(a)  information relating to spent convictions, despite anything to the contrary in the Criminal Records Act 1991,
(b)  information relating to offences, despite anything to the contrary in section 579 of the Crimes Act 1900.
(5)  If a person authorised under this section reasonably believes that a statutory declaration is inaccurate, the person must, as soon as practicable, inform the Children’s Guardian and provide any information relevant to that belief to the Children’s Guardian.
(6)  The Children’s Guardian may disclose information obtained under this section to the following persons:
(a)  the person who made the statutory declaration,
(b)  the employer of that person,
(c)  a police officer of the State or of the Commonwealth or another State or Territory,
(d)  the Ombudsman,
(e)  any other investigative agency that the Children’s Guardian considers appropriate,
(f)  the Department,
(g)  the Director of Public Prosecutions,
(h)  a court or tribunal,
(i)  an approved interstate screening agency,
(j)  the Minister,
(k)  the Privacy Commissioner,
(l)  any other person approved by the Privacy Commissioner and prescribed in the regulations.
(7)  The Minister may give the Children’s Guardian a written direction on the exercise of functions under this section and the Children’s Guardian is to comply with the direction.
(8)  In this section, exempt worker means a worker who is exempted by the regulations from the requirement to hold a clearance.