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NCJRS Abstract

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NCJ Number: 90418 Find in a Library
Title: Report on - The Use of Criminal Records in the Public Sector
Author(s): Anonymous
Date Published: 1979
Page Count: 37
Publication Number: BP41A
Format: Document
Language: English
Country: Australia
Annotation: This report by the New South Wales Privacy Committee presents recommended principles for the fair disclosure and fair use of criminal records in the public sector and discusses applications of the principles.
Abstract: The first principle for fair disclosure and use of criminal records is that no questions should be asked or information given relating to convictions or release from imprisonment which occurred more than 10 years ago. Secondly, no criminal record checking should be done without the subject's knowledge, and thirdly, no adverse decisions should be made without giving the subject the opportunity for prior discussion. Finally, all adverse decisions should be subject to an appropriate review. These principles are not intended to apply to any use of criminal records directly for the enforcement or administration of the criminal law. The application of the principles to the possible public use of criminal records is discussed under the topics of what criminal record information should be disclosed, disabilities because of a criminal record, questions about criminal records asked on applications, checking applicants against police records and police reports, reports on benefit holders by clerks of petty sessions, requirements on benefit holders to disclose offenses, and exemptions. The Privacy Committee recommends that the four basic principles and the detailed guidelines proposed be incorporated in a statute to be known as the Criminal Records (Fair Practices) Act. Appended are amendments to S556A, 558, and 559 of the Crimes Act of 1900.
Index Term(s): Australia; Confidential records access; Criminal histories; Information dissemination
Note: Report of the Privacy Committee
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