s.33Circumstances where persons shall disclose expunged criminal record
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Section 33Part 5 — DISCLOSURE OF EXPUNGED RECORDS

Circumstances where persons shall disclose expunged criminal record

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A person shall, if requested to do so, disclose particulars of an expunged criminal record when seeking to —
be made a member of a professional body or any of the professions specified in Part 1 of Schedule 4;
be appointed to an office of employment specified in Part 2 of Schedule 4;
become engaged in a business of the type specified in Part 3 of Schedule 4; or
be elected as a member of the Legislative Assembly.
A disclosure of particulars of an expunged criminal record under subsection (1) shall be made —
to a person authorised by the —
professional body concerned; or
organisation responsible for the office of employment;
in relation to a business, to —
the chief operating officer of the business; or
a person ostensibly authorised to receive the disclosure;
a person designated by regulations made by Cabinet for the purpose; or
to the Supervisor of Elections.
The Cabinet may by Order amend Schedule 4 by —
add or delete categories; or
impose exceptions or conditions.
An Order made pursuant to section (3) shall be subject to affirmative resolution of the Legislative Assembly.
The particulars of an expunged criminal record disclosed to an authorised person under this section may be published or communicated on the following conditions —
the publication or communication shall be in accordance with rules applying to the professional body, office of employment or business; and
the general disclosure or publication of the particulars of the expunged criminal record shall be to authorised persons.

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