Australian Capital Territory
Working with Vulnerable People (Consequential Amendments) Act 2011
A2011-45
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended—sch 1	2
Schedule 1	Legislation amended	3
Part 1.1	ACT Teacher Quality Institute Act 2010	3
Part 1.2	Children and Young People Act 2008	11
Part 1.3	Public Sector Management Act 1994	12
Part 1.4	Spent Convictions Act 2000	12

Australian Capital Territory
Working with Vulnerable People (Consequential Amendments) Act 2011
A2011-45

An Act to amend legislation because of the enactment of the Working with Vulnerable People (Background Checking) Act 2011, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Working with Vulnerable People (Consequential Amendments) Act 2011.
2	Commencement
This Act commences on the commencement of the Working with Vulnerable People (Background Checking) Act 2011, section 3.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended—sch 1
This Act amends the legislation mentioned in schedule 1.

Schedule 1	Legislation amended
(see s 3)
Part 1.1	ACT Teacher Quality Institute Act 2010
[1.1]	New division 4.1A
insert
Division 4.1A	Definitions—pt 4
27A	Definitions—pt 4
In this part:
criminal history guidelines––see section 35A.
criminal history record, of a person, means a written report about the person’s criminal history from an entity in another country that has access to records about the criminal history of people in that country.
police certificate, for a person, means a written statement by CrimTrac, or a police service or force in the ACT, State or another territory indicating—
	(a)	whether, according to the records held by CrimTrac or the police service or force, the person has been charged with, or convicted of, an offence against a law of—
	(i)	the Territory; or
	(ii)	the Commonwealth; or
	(iii)	a State; or
	(iv)	another country; and
	(b)	if so—particulars of each offence.
Note	A conviction does not include a spent conviction (see Spent Convictions Act 2000, s 16 (c) (i)).
27B	Expiry—div 4.1A
This division expires—
	(a)	1 year after the day this division commences; or
	(b)	if another date is prescribed by regulation for this division—on that date.
[1.2]	Section 32 (1) (d), (e) and (f)
substitute
	(d)	the person is registered under the Working with Vulnerable People (Background Checking) Act 2011; and
[1.3]	New section 32 (1A)
insert
	(1A)	However, subsection (1) (d) does not apply if the institute is satisfied on reasonable grounds that—
	(a)	if the person has lived in Australia––the person has supplied a police certificate; and
	(b)	if the person has lived in another country as an adult for a continuous period of more than 1 year––the person has supplied a certified copy of the person’s criminal history record from that country; and
	(c)	in relation to any conviction mentioned in the certificate or criminal history record supplied under paragraph (a) or (b)—
	(i)	the certificate or criminal history record has been assessed in accordance with the criminal history guidelines; and
	(ii)	the conviction does not have a high degree of direct connection with the inherent requirements of the teaching profession.
[1.4]	Section 32 (2)
omit
subsection (1) (e)
substitute
subsection (1A) (b)
[1.5]	New section 32 (2A)
insert
	(2A)	Subsections (1A) and (2), and this subsection, expire—
	(a)	1 year after the day this subsection commences; or
	(b)	if another date is prescribed by regulation for this subsection—on that date.
[1.6]	Section 33 (1) (c), (d) and (e)
substitute
	(c)	the person is registered under the Working with Vulnerable People (Background Checking) Act 2011; and
[1.7]	New section 33 (1A)
insert
	(1A)	However, subsection (1) (c) does not apply if the institute is satisfied on reasonable grounds that—
	(a)	if the person has lived in Australia––the person has supplied a police certificate; and
	(b)	if the person has lived in another country as an adult for a continuous period of more than 1 year––the person has supplied a certified copy of the person’s criminal history record from that country; and
	(c)	in relation to any conviction mentioned in the certificate or criminal history record supplied under paragraph (a) or (b)—
	(i)	the certificate or criminal history record has been assessed in accordance with the criminal history guidelines; and
	(ii)	the conviction does not have a high degree of direct connection with the inherent requirements of the teaching profession.
[1.8]	Section 33 (2)
omit
subsection (1) (d)
substitute
subsection (1A) (b) 
[1.9]	New section 33 (2A)
insert
	(2A)	Subsections (1A) and (2), and this subsection, expire—
	(a)	1 year after the day this subsection commences; or
	(b)	if another date is prescribed by regulation for this subsection—on that date.
[1.10]	Section 35 (1) (b), (c) and (d)
substitute
	(b)	the person is registered under the Working with Vulnerable People (Background Checking) Act 2011; 
[1.11]	New section 35 (1A)
insert
	(1A)	However, subsection (1) (b) does not apply if the institute is satisfied on reasonable grounds that—
	(a)	if the person has lived in Australia––the person has supplied a police certificate; and
	(b)	if the person has lived in another country as an adult for a continuous period of more than 1 year––the person has supplied a certified copy of the person’s criminal history record from that country; and
	(c)	that in relation to any conviction mentioned in the certificate or criminal history record supplied under paragraph (a) or (b)—
	(i)	the certificate or criminal history record has been assessed in accordance with the criminal history guidelines; and
	(ii)	the conviction does not have a high degree of direct connection with the inherent requirements of the teaching profession.
[1.12]	Section 35 (2)
omit
subsection (1) (c)
substitute
subsection (1A) (b)
[1.13]	New section 35 (2A)
insert
	(2A)	Subsections (1A) and (2), and this subsection, expire—
	(a)	1 year after the day this subsection commences; or
	(b)	if another date is prescribed by regulation for this subsection—on that date.
[1.14]	New section 35A (3)
insert
	(3)	This section expires—
	(a)	1 year after the day this subsection commences; or
	(b)	if another date is prescribed by regulation for this subsection—on that date.
[1.15]	New section 35B (3)
insert
	(3)	This section expires—
	(a)	1 year after the day this subsection commences; or
	(b)	if another date is prescribed by regulation for this subsection—on that date.
[1.16]	Section 51 (5) (d)
substitute
	(d)	that the teacher is registered under the Working with Vulnerable People (Background Checking) Act 2011.
[1.17]	New section 51 (5A) and (5B)
insert
	(5A)	However, subsection (5) (d) does not apply if the institute is satisfied on reasonable grounds that—
	(a)	in the 5-year period before the renewal, the teacher has supplied a police certificate or, if applicable, a certified copy of the teacher’s criminal history record; and
	(b)	in relation to any conviction mentioned in the certificate or criminal history record—
	(i)	the certificate or criminal history record has been assessed in accordance with the criminal history guidelines; and
	(ii)	the conviction does not have a high degree of direct connection with the inherent requirements of the teaching profession.
	(5B)	Subsection (5A) and this subsection expire—
	(a)	1 year after the day this subsection commences; or
	(b)	if another date is prescribed by regulation for this subsection—on that date.
[1.18]	Section 53 (5) (d)
substitute
	(d)	that the permit-holder is registered under the Working with Vulnerable People (Background Checking) Act 2011.
[1.19]	New section 53 (5A) and (5B)
insert
	(5A)	However, subsection (5) (d) does not apply if the institute is satisfied on reasonable grounds that—
	(a)	in the 5-year period before the renewal, the permit-holder has supplied a police certificate or, if applicable, a certified copy of the permit-holder’s criminal history record; and
	(b)	in relation to any conviction mentioned in the certificate or criminal history record—
	(i)	the certificate or criminal history record has been assessed in accordance with the criminal history guidelines; and
	(ii)	the conviction does not have a high degree of direct connection with the inherent requirements of the teaching profession.
	(5B)	Subsection (5A) and this subsection expire—
	(a)	1 year after the day this subsection commences; or
	(b)	if another date is prescribed by regulation for this subsection—on that date.
[1.20]	Dictionary
omit the definitions of
criminal history guidelines
criminal history record
CrimTrac
police certificate
Part 1.2	Children and Young People Act 2008
[1.21]	New section 63 (3)
insert
	(3)	The director-general must not approve an entity as a suitable entity for a stated purpose if—
	(a)	the purpose involves engaging in a regulated activity within the meaning of the Working with Vulnerable People Act; and
	(b)	the entity is required to be registered under that Act to engage in the activity; and
	(c)	the entity is not registered under that Act.
[1.22]	Section 438 (2), new note
before the note, insert
Note 1	Certain people conducting an activity, or providing a service, under this Act are required to be registered under the Working with Vulnerable People Act (see that Act, s 11 and sch 1).
[1.23]	Section 875 (2), examples
insert
·	Working with Vulnerable People (Background Checking) Act 2011
[1.24]	Dictionary, new definition of Working with Vulnerable People Act
insert
Working with Vulnerable People Act means the Working with Vulnerable People (Background Checking) Act 2011.
Part 1.3	Public Sector Management Act 1994
[1.25]	Section 68, new note
insert
Note	If a person is to be appointed to a position that involves a regulated activity and contact with a vulnerable person within the meaning of the Working with Vulnerable People (Background Checking) Act 2011, the person may need to be registered under that Act.
Part 1.4	Spent Convictions Act 2000
[1.26]	New section 19 (1) (e)
insert
	(e)	for registration under the Working with Vulnerable People (Background Checking) Act 2011. 

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 22 September 2011.
2	Notification
	Notified under the Legislation Act on 8 November 2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Working with Vulnerable People (Consequential Amendments) Bill 2011, which was passed by the Legislative Assembly on 25 October 2011. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2011