Queensland Consolidated Acts

CRIMINAL LAW (REHABILITATION OF OFFENDERS) ACT 1986 - SECT 9A

9A Disclosure of particulars in special cases

(1) Notwithstanding any other provision of this Act, a person who is an applicant for a position, office or status specified in column 1 of the following table and who is requested or required in furtherance of the person’s application to furnish the information hereinafter in this subsection referred to shall disclose—

(a) the person’s criminal history concerning offences specified in column 2 and set opposite the position, office or status applied for; and

(b) convictions recorded against the person in respect of offences specified in column 2 and set opposite the position, office or status applied for, being convictions that pursuant to any law are to be deemed not to be convictions—

Table

	Column 1 Position, office or status	Column 2 Offences
	1 Police officer.	1 Contraventions of or failures to comply with any provisions of law, whether committed in Queensland or elsewhere.
	1A Persons other than police officers who are engaged or employed in the Queensland Police Service.	Contraventions of or failure to comply with any provisions of law, whether committed in Queensland or elsewhere.
	1B External service providers within the meaning of the Police Service Administration Act 1990.	Contraventions of or failure to comply with any provisions of law, whether committed in Queensland or elsewhere.
	1C Applicants for employment in the Queensland Police Service.	Contraventions of or failure to comply with any provisions of law, whether committed in Queensland or elsewhere.
	1D Persons performing functions for the Queensland Police Service under a contract for services.	Contraventions of or failure to comply with any provisions of law, whether committed in Queensland or elsewhere.
	2 Person employed in the department in which the Corrective Services Act 2006 is administered as a corrective services officer under that Act.	2 Contraventions of or failures to comply with any provisions of law, whether committed in Queensland or elsewhere.
	3 Justice of the peace or commissioner for declarations.	3 Contraventions of or failures to comply with any provision of law, whether committed in Queensland or elsewhere.
	4 Licensee under the Casino Control Act 1982 , part 4 .	4 Contraventions of or failures to comply with any provision of law, whether committed in Queensland or elsewhere.
	5(1) Employee in the Department of Education as—(a) a teacher; or(b) a teacher’s aide; or(c) a member of staff (administrative or ground) at a State school.(2) An elected member (other than an elected student member), or appointed member, of a school council, within the meaning of the Education (General Provisions) Act 2006 .	5 Offences defined in the Criminal Code , chapter 22 , 32 , 33 or 34 or the Drugs Misuse Act 1986 part 2 , and contraventions, committed in Queensland or elsewhere, of any provision of law constituting an offence of a similar nature or involving an assault of a sexual nature.
	6 A person registered, licensed or approved under the Child Protection Act 1999 .	6 Contraventions of any provision of law committed in Queensland or elsewhere.
	7A Person employed by TAFE Queensland under the TAFE Queensland Act 2013 as—(a) an educational administrator; or(b) a teacher; or(c) an educational assistant; or(d) a member of TAFE Queensland’s administrative, building or ground staff.	7A(1) An offence defined in the Criminal Code , chapter 22 , 32 , 33 or 34 or the Drugs Misuse Act 1986 , part 2 .(2) An offence of a similar nature committed in Queensland or elsewhere.(3) An offence of a sexual nature whether committed in Queensland or elsewhere.
	9 Security provider within the meaning of the Security Providers Act 1993 .	9 Contraventions of any law, whether committed in Queensland or elsewhere.
	13 An applicant for an adult entertainment permit under the Liquor Act 1992 .	13 Contraventions of any law, whether committed in Queensland or elsewhere.
	14 An applicant for an approval to be a controller under the Liquor Act 1992 .	14 Contraventions of any law, whether committed in Queensland or elsewhere.
	15 Person employed in the Office of the Director of Public Prosecutions.	15 Contraventions of any law, whether committed in Queensland or elsewhere.
	16 An applicant for membership of a registered political party.	16 Contraventions of a disqualifying electoral offence within the meaning of the Electoral Act 1992 .
	17 A candidate for election to the office of chairperson, mayor, president, councillor or member of a local government.	17(1) Contraventions of a disqualifying electoral offence within the meaning of the Electoral Act 1992 .(2) Contraventions of an offence that would be a disqualifying electoral offence within the meaning of the Electoral Act 1992 , except that the offender was convicted of the offence before the commencement of the Electoral and Other Acts Amendment Act 2002 .
	18 A candidate for election as a member of the Legislative Assembly.	18(1) Contraventions of a disqualifying electoral offence within the meaning of the Electoral Act 1992 .(2) Contraventions of an offence that would be a disqualifying electoral offence within the meaning of the Electoral Act 1992 , except that the offender was convicted of the offence before the commencement of the Electoral and Other Acts Amendment Act 2002 .
	20 An applicant for admission to the legal profession under the admission rules made under the Supreme Court of Queensland Act 1991 , section 85 .	20 Contraventions of any law, whether committed in Queensland or elsewhere.
	21 An applicant for the consent of the Solicitors’ Board to enter articles of clerkship under the Solicitors’ Admission Rules 1968 .	21 Contraventions of any law, whether committed in Queensland or elsewhere.
	23 An applicant for appointment as an associate to a Supreme Court judge or a District Court judge.	23 Contraventions of any law, whether committed in Queensland or elsewhere.
	24 An applicant for the grant of a practising certificate under the Legal Profession Act 2007 .	24 Contraventions of any law whether committed in Queensland or elsewhere.
		25 Contraventions of any law whether committed in Queensland or elsewhere.

(2) Notwithstanding any other provision of this Act, the commissioner of the police service or a person delegated by the commissioner for the purpose, upon request made by a person having in the opinion of the commissioner or such delegated person a legitimate and sufficient interest in obtaining the information, shall disclose to the person making the request the criminal history and convictions (such as is or are referred to in subsection (1) and is or are contained in the commissioner’s records) of a person referred to in subsection (1) where that person would be required by that subsection to disclose such criminal history and convictions.

(3) No provision of this Act shall be construed to render any person liable to punishment or the Crown or any person liable to action at the suit of another—

(a) on account of a disclosure referred to in subsection (2) ; or

(b) on account of any person having required or sought to be made a disclosure required by subsection (1) or (2) to be made; or

(c) on account of any person having had regard to any particular furnished in a disclosure required by subsection (1) or (2) to be made.

(4) Subsections (1) and (2) shall operate without prejudice to any other provision of this Act that authorises or excuses the disclosure of any particular or that preserves any disclosure of particulars from the operation of any provision of this Act.