MCU14/0028 Appendix 2 EnvProtAct 1994

                                                     Environmental Protection Act 1994
                  Chapter 5A General provisions about environmentally relevant activities
                                                Part 4 Registration of suitable operators

                                                                                [s 318S]

318S Use of information in suitability report
        (1)   This section applies if the chief executive is considering
              information contained in a report about a person obtained
              under section 318R (a suitability report).
        (2)   The information must not be used for any purpose other than
              to make the decision for which the report was obtained.
        (3)   In making the decision, the chief executive must have regard
              to the following matters relating to information about the
              commission of an offence by the person—
              (a)    when the offence was committed;
              (b)    the nature of the offence and its relevance to the
                     decision.

318T     Notice of use of information in suitability report
              Before using information contained in a suitability report to
              assess a matter mentioned in section 318R(1), the chief
              executive must—
              (a)    disclose the information to the person to whom the
                     report relates; and
              (b)    allow the person a reasonable opportunity to make
                     representations to the chief executive about the
                     information.

318U Confidentiality of suitability reports
        (1)   This section applies to a person who—
              (a)    is, or has been, a public service employee; and
              (b)    has, in that capacity acquired information, or gained
                     access to a suitability report about someone else (the
                     second person).
        (2)   The person must not disclose the information, or give access
              to the report, to anyone else.
              Maximum penalty—100 penalty units.
Current as at 20 February 2014                                                 Page 233