2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Disability, Housing and Community Services)
Working with Vulnerable People (Background Checking) Bill 2010

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Dictionary	3
	4	Notes	3
	5	Offences against Act—application of Criminal Code etc	3
Part 2	Important concepts
	6	Who is a vulnerable person?	4
	7	What is a regulated activity?	4
	8	When is a person engaged in a regulated activity?	5
	9	What is contact with a vulnerable person?	6
	10	Who is an employer?	7
Part 3	Requirement for registration
	11	When is a person required to be registered?	8
	12	Offences—person engage in regulated activity for which person not registered	11
	13	Offences—employer engage person in regulated activity for which person not registered	13
	14	When unregistered person may be engaged in regulated activity	14
Part 4	Applying for registration
	15	Application for registration	16
	16	Application for registration—contents	16
	17	Application for registration—additional information	18
	18	Application for registration—withdrawal	19
	19	Offences—applicant fail to disclose charge, conviction or finding of guilt for relevant offence	19
	20	Restriction on reapplying for registration	20
Part 5	Risk assessments
Division 5.1	Important concepts
	21	Meaning of risk assessment	22
	22	Meaning of criminal history	22
	23	Meaning of non-conviction information	23
	24	Meaning of relevant offence	23
Division 5.2	Risk assessment guidelines
	25	Risk assessment guidelines	24
	26	Risk assessment guidelines—content	24
	27	Risk assessment guidelines—criminal history	26
	28	Risk assessment guidelines—non-conviction information	27
	29	Risk assessment guidelines—other information	28
Division 5.3	Conducting risk assessments
	30	Risk assessments	28
	31	Commissioner may seek information from entities to conduct risk assessments	29
Division 5.4	Negative risk assessments
	32	Proposed negative notices	29
	33	Reconsideration of negative risk assessments	30
	34	Extensions of period for reconsideration of negative risk assessment	31
	35	Negative notices	32
Part 6	Registration
Division 6.1	Registration
	36	Registration	34
	37	Conditional registration	34
	38	Proposed conditional registration	35
	39	Reconsideration of proposed conditional registration	36
	40	Extensions of period for reconsideration of proposed conditional registration	37
	41	Notice of conditional registration	38
	42	Offences—registered person contravene condition of registration	39
Division 6.2	Registration cards
	43	Registration cards	40
	44	Offence—fail to produce registration card	40
	45	Lost, stolen or damaged registration cards	40
	46	Offence—fail to return registration card	41
Division 6.3	Monitoring registered people
	47	Commissioner may seek information from entities about registered people	42
	48	Additional risk assessments	43
	49	Offences—registered person fail to disclose charge, conviction or finding of guilt for relevant offence	44
	50	Offence—fail to notify change of name or address	45
Division 6.4	Suspending or cancelling registration
	51	Grounds for suspension or cancellation of registration	45
	52	Notice of proposed suspension or cancellation of registration	46
	53	Suspension or cancellation of registration	46
Part 7	Notification and review of decisions
	54	Meaning of reviewable decision—pt 7	48
	55	Reviewable decision notices	48
	56	Applications for review	48
Part 8	Miscellaneous
	57	Protection from liability	49
	58	Offences—use or divulge protected information	49
	59	Evidentiary certificates	52
	60	Disqualification orders	52
	61	Determination of fees	52
	62	Approved forms	53
	63	Review of Act	53
	64	Regulation-making power	53
	65	Fair Trading (Consumer Affairs) Act 1973, dictionary, definition of fair trading legislation, new paragraph (f)	54
Schedule 1	Regulated activities	55
Part 1.1	Activities or services for children	55
	1.1	Child protection services	55
	1.2	Childcare service	56
	1.3	Child education services	56
	1.4	Child accommodation services	57
	1.5	Counselling and support services for children	58
	1.6	Commercial services for children	58
Part 1.2	Activities or services for vulnerable people	59
	1.7	Mental health	59
	1.8	Migrants, refugees and asylum seekers	59
	1.9	Homeless people	60
	1.10	Housing and accommodation	60
	1.11	Justice facilities	61
	1.12	Prevention of crime	62
	1.13	Victims of crime	62
	1.14	Services for addictions	62
	1.15	Community services	63
	1.16	Disability services	64
	1.17	Respite care services	65
	1.18	Emergency services personnel	65
Part 1.3	Other activities or services for vulnerable people	66
	1.19	Transport	66
	1.20	Coaching and tuition	67
	1.21	Vocational and educational training	67
	1.22	Religious organisations	67
	1.23	Clubs, associations and movements	68
Schedule 2	Reviewable decisions	69
Dictionary		70

2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Disability, Housing and Community Services)
Working with Vulnerable People (Background Checking) Bill 2010

A Bill for
An Act to provide for background checking and registration of people who work with vulnerable people, and for other purposes

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Working with Vulnerable People (Background Checking) Act 2010.
2	Commencement
	(1)	This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
	(2)	If this Act has not commenced within 12 months beginning on its notification day, it automatically commences on the first day after that period.
	(3)	The Legislation Act, s 79 (Automatic commencement of postponed law) does not apply to this Act.
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘spent, for a conviction—see the Spent Convictions Act 2000, section 7.’ means that the term ‘spent’ is defined in that section and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Important concepts
6	Who is a vulnerable person?
In this Act:
vulnerable person means—
	(a)	a child; or
	(b)	an adult who is—
	(i)	disadvantaged; and
	(ii)	accessing a regulated activity in relation to the disadvantage.
Examples—disadvantaged
1	an adult with a physical or mental disability
2	an adult who suffers social or financial hardship
3	an adult who cannot communicate, or who has difficulty communicating, in English
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
7	What is a regulated activity?
	(1)	In this Act:
regulated activity—
	(a)	means—
	(i)	an activity or service mentioned in schedule 1; or
	(ii)	an activity or service prescribed by regulation; but
	(b)	does not include an activity or service declared by the Minister under subsection (2).
	(2)	The Minister may declare that a stated activity or service is not a regulated activity.
	(3)	A declaration is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
8	When is a person engaged in a regulated activity?
A person is engaged in a regulated activity if the person—
	(a)	has contact with a vulnerable person as part of engaging in the activity; and
Note	Contact, between a person and a vulnerable person as part of engaging in a regulated activity—see s 9.
	(b)	is engaged in the activity in any capacity and whether—
	(i)	for reward or otherwise; or
	(ii)	under an arrangement with someone else or otherwise.
Examples—capacity in which engaged in activity
1	employee
2	contractor or subcontractor
3	consultant
4	self-employed person 
5	apprentice
6	volunteer
7	agent
8	supervisor
9	person on a work experience placement for an educational or vocational course
10	person carrying out work for a sentence, including a community service order
11	member of a management committee of an unincorporated body or association
12	minister of religion for a religious organisation
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
9	What is contact with a vulnerable person?
In this Act:
contact, between a person and a vulnerable person as part of engaging in a regulated activity, means contact that—
	(a)	would reasonably be expected as a normal part of engaging in the activity; and
	(b)	is not incidental to engaging in the activity; and
	(c)	is 1 or more of the following:
	(i)	physical contact, including engaging in the activity at the same place as the vulnerable person;
Examples—same place
1	an office
2	anywhere on a school campus
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(ii)	oral communication, whether face-to-face or by telephone;
	(iii)	written communication, including—
	(A)	electronic communication; or
	(B)	dealing with a record relating to the vulnerable person;
	(iv)	making a decision that affects the vulnerable person.
Examples—contact
1	A water main bursts at a school during school hours. A plumber is called to the school to fix the problem. Despite working near children, the plumber’s contact with the children is not contact for this Act for either of the following reasons:
	(a)	it would not reasonably be expected as a normal part of plumbing;
	(b)	it is incidental to the plumber’s activity.
2	A school janitor routinely carries out minor repairs at a school during school hours. The janitor’s contact with the children is contact for this Act as the contact—
	(a)	would reasonably be expected as a normal part of the janitor’s activities; and
	(b)	is not incidental to the janitor’s activities; and
	(c)	is physical contact, as the janitor is carrying out the activities in the same place as children.
10	Who is an employer?
In this Act:
employer, in relation to a regulated activity, means an entity for whom a person engages in the activity.
Examples—employer
1	principal contractor is an employer of a subcontractor
2	charitable organisation is an employer of a volunteer
3	religious organisation is an employer of a minister of religion
Note 1	Entity includes an unincorporated body and a person (including a person occupying a position) (see Legislation Act, dict, pt 1).
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 3	Requirement for registration
11	When is a person required to be registered?
	(1)	A person is required to be registered to engage in a regulated activity.
	(2)	However, a person is not required to be registered to engage in a regulated activity if the person is—
	(a)	under 16 years old; or
	(b)	engaged in the activity (other than an overnight camp for children) for not more than—
	(i)	3 days in any 4-week period; and
	(ii)	7 days in any 12-month period; or
	(c)	registered under a corresponding law and—
	(i)	the activity is substantially similar to a regulated activity the person is allowed to engage in under the corresponding law; and
	(ii)	the person is engaged in the activity for not more than 28 days in any 12-month period; or
Note	Corresponding law—see the dictionary.
	(d)	a close relative of each vulnerable person taking part in the activity with whom the person has contact; or
	(e)	engaged in the activity as a volunteer and—
	(i)	is a close relative of a vulnerable person taking part, or who normally takes part, in the activity; and
	(ii)	a close relative of each vulnerable person taking part in the activity is engaged, or expected to be engaged, in the activity; or
Examples
1	playgroup
2	a club sporting event for children at which a parent of each child is expected to be present
3	a pottery class for children in which a parent of each child also takes part
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(f)	engaged in the activity in the same capacity as a vulnerable person; or
Examples
1	players in a sporting team
2	work colleagues
	(g)	engaged in the activity as a high school student doing practical training for an educational or vocational course; or
	(h)	engaged in the activity as—
	(i)	a police officer; or
	(ii)	a registered health professional under the Health Professionals Act 2004 or a health practitioner; or
	(iii)	a lawyer; or
	(iv)	a staff member of, or volunteer for, an approved provider under the Aged Care Act 1997 (Cwlth); or
	(v)	a financial services licensee under the Corporations Act; or
	(i)	engaged in the activity for a Commonwealth or Territory government agency and the only contact the person has with a vulnerable person is—
	(i)	working with a record of the vulnerable person; or
	(ii)	providing a service to the vulnerable person at a public counter or shopfront; or
Example
an administrative worker employed by Centrelink or Medicare
	(j)	engaged in the activity for a declared state of emergency; or
Note	A state of emergency may be declared under the Emergencies Act 2004, s 156.
	(k)	engaged in the activity for a Territory or national event and the commissioner declares that the person is not required to be registered for the activity; or
Examples—Territory or national event
1	Paralympics
2	World Youth Day
Note	Commissioner means the commissioner for fair trading (see the dictionary).
	(l)	a person prescribed by regulation.
	(3)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	In this section:
close relative, of a vulnerable person—
	(a)	means the vulnerable person’s—
	(i)	domestic partner; or
Note	Domestic partner—see the Legislation Act, s 169.
	(ii)	father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or
	(iii)	son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or
	(iv)	brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or
	(v)	uncle, aunt, uncle-in-law or aunt-in-law; or
	(vi)	nephew, niece or cousin; but
	(b)	does not include a kinship carer under the Children and Young People Act 2008.
Note	An activity conducted or a service provided by a kinship carer under the Children and Young People Act 2008 is a regulated activity—see sch 1, s 1.1.
day includes part of a day.
12	Offences—person engage in regulated activity for which person not registered
	(1)	A person commits an offence if the person—
	(a)	engages in a regulated activity; and 
	(b)	is required to be registered to engage in the activity; and
	(c)	does not have a registration allowing the person to engage in the activity.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Note 1	A person with conditional registration may not be allowed to engage in all regulated activities (see s 37).
Note 2	A person whose registration is suspended does not have a registration allowing the person to engage in a regulated activity (see s 53 (5)).
Note 3	The employer for the regulated activity also commits an offence (see s 13).
	(2)	An offence against subsection (1) is a strict liability offence.
	(3)	A person commits an offence if the person—
	(a)	engages in a regulated activity; and
	(b)	is required to be registered to engage in the activity; and
	(c)	does not have a registration allowing the person to engage in the activity; and
	(d)	knows, or is reckless about whether, the person—
	(i)	is engaging in a regulated activity; and
	(ii)	is required to be registered to engage in the activity.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
	(4)	Strict liability applies to subsection (3) (c).
	(5)	This section does not apply to a person if—
	(a)	the person is not registered; but
	(b)	the person engages in a regulated activity under section 14.
Note 1	An unregistered person who has applied for registration may engage in a regulated activity for which the person is required to be registered in certain circumstances (see s 14).
Note 2	The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
13	Offences—employer engage person in regulated activity for which person not registered
	(1)	An employer commits an offence if—
	(a)	the employer engages a person in a regulated activity; and
	(b)	the person is required to be registered to engage in the activity; and
	(c)	the person does not have a registration allowing the person to engage in the activity.
Note 1	A person with conditional registration may not be allowed to engage in all regulated activities (see s 37).
Note 2	A person whose registration is suspended does not have a registration allowing the person to engage in a regulated activity (see s 53 (5)).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
	(2)	An offence against subsection (1) is a strict liability offence.
	(3)	An employer commits an offence if—
	(a)	the employer engages a person in a regulated activity; and
	(b)	the person is required to be registered to engage in the activity; and
	(c)	the person does not have a registration allowing the person to engage in the activity; and
	(d)	the employer knows, or is reckless about whether—
	(i)	the employer is engaging the person in a regulated activity; and
	(ii)	the person is required to be registered to engage in the activity.
	(4)	Strict liability applies to subsection (3) (c).
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
	(5)	This section does not apply to an employer if an unregistered person engages in a regulated activity for the employer under section 14.
Note 1	An unregistered person who has applied for registration may engage in a regulated activity for which the person is required to be registered in certain circumstances (see s 14).
Note 2	The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
14	When unregistered person may be engaged in regulated activity
	(1)	This section applies to an unregistered person if—
	(a)	the person has applied for registration under section 15; and
	(b)	the commissioner has not—
	(i)	registered the person under section 36; or
	(ii)	given the person a negative notice under section 35; and
	(c)	the person has not withdrawn the application.
	(2)	The person may engage in a regulated activity for which the person is required to be registered if, and only if—
	(a)	the person is eligible; and
	(b)	the person included a named employer for the activity on the person’s application for registration; and
Note	Named employer—see s 16 (1) (d) (i)
	(c)	the named employer has agreed to engage the person in the activity; and
	(d)	a registered person is present at all times while the unregistered person is engaged in the activity.
Note	An unregistered person who is engaging in a regulated activity under this section commits an offence under s 12 if the person continues to engage in the activity after—
	(a)	the person’s application for registration is withdrawn (see s 18); or
	(b)	the person is given a negative notice (see s 35).
	(3)	To remove any doubt, nothing in this section prevents an employer refusing to engage an unregistered person in a regulated activity.
	(4)	In this section:
eligible—a person is eligible if—
	(a)	the person has not previously been given a negative notice under this Act or a corresponding law; and
	(b)	the person has not had a previous registration suspended or cancelled; and
	(c)	the person’s most recent registration (if any) was not conditional.

Part 4	Applying for registration
15	Application for registration
	(1)	A person may apply to the commissioner for registration under this Act.
Note 1	Commissioner means the commissioner for fair trading (see the dictionary).
Note 2	If a form is approved under s 62 for this provision, the form must be used.
Note 3	A fee may be determined under s 61 for this provision.
	(2)	This section is subject to section 20.
Note	Under s 20, a person who is given a negative notice or whose registration is cancelled must not reapply for registration for 3 years, unless relevant information about the person has changed.
16	Application for registration—contents
	(1)	An application for registration must include—
	(a)	the applicant’s name and any previous name; and
	(b)	the applicant’s current home address, and any previous home address in the 5 years before applying; and
	(c)	evidence of the applicant’s identity; and
Example
100 points of identification
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(d)	if the applicant engages, or intends to engage, in a regulated activity for a particular employer—
	(i)	the employer (the named employer) for the activity; and
	(ii)	the named employer’s address and contact details; and
	(iii)	the capacity in which the applicant engages, or intends to engage, in the activity for the named employer; and
	(e)	anything else prescribed by regulation.
	(2)	The application must be accompanied by—
	(a)	a consent by the applicant for the commissioner to—
	(i)	check the applicant’s criminal history, non-conviction information and any other information about the applicant that may be relevant in deciding the application; and
Note 1	Criminal history, about a person—see s 22.
Note 2	Non-conviction information, about a person—see s 23.
	(ii)	seek information or advice from any entity in relation to the applicant’s—
	(A)	application under section 31; or
	(B)	registration under section 47; and
	(iii)	contact the named employer (if any) in relation to the status of the applicant’s application or registration; and
Note	For example, the commissioner must tell a person’s employer if the person withdraws an application (see s 18 (2) (a)), if the commissioner registers the person (see s 36 (2) (c)), if the commissioner refuses to register the person (see s 35 (2) (b)), if there is a change in an applicant’s registration status as a result of an additional risk assessment (see s 48), or if a person’s registration is suspended or cancelled (see s 53 (2) (b)).
	(b)	a statutory declaration by the applicant stating—
	(i)	whether the applicant has been convicted or found guilty of a relevant offence outside Australia; and
	(ii)	if the applicant has been convicted or found guilty of a relevant offence outside Australia—details of the offence; and
	(c)	anything else prescribed by regulation.
Note	It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
	(3)	The commissioner must tell the applicant in writing about the following:
	(a)	the rights and obligations of the applicant under this Act;
	(b)	information the applicant may supply to support the application;
	(c)	the risk assessment guidelines mentioned in division 5.2 and where to find a copy.
Note	The commissioner may tell the applicant about the matters in s (3) in any way the commissioner considers appropriate, including on a form approved for s 15 or in guidelines made for this Act.
17	Application for registration—additional information
	(1)	The commissioner may, in writing, require an applicant to give the commissioner additional information in writing or documents that the commissioner reasonably needs to decide the application.
	(2)	If the applicant does not comply with a requirement under subsection (1), the commissioner may refuse to consider the application further.
Note	It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
18	Application for registration—withdrawal
	(1)	An applicant may withdraw an application at any time by written notice to the commissioner.
Note	If a form is approved under s 62 for this provision, the form must be used.
	(2)	If an application is withdrawn the commissioner—
	(a)	must tell the named employer (if any) that the application has been withdrawn; and
	(b)	need take no further action on the application.
Note	If an unregistered person engaging in a regulated activity under s 14 withdraws the person’s application for registration, the person commits an offence under s 12 if the person continues to engage in the activity.
19	Offences—applicant fail to disclose charge, conviction or finding of guilt for relevant offence
	(1)	A person commits an offence if—
	(a)	the person has applied for registration; and
	(b)	the commissioner has not—
	(i)	told the person that the person has been registered; or
	(ii)	given the person a negative notice; and
	(c)	the person is charged with a relevant offence; and
	(d)	the person does not tell the commissioner about the charge in writing within 14 days after the day the person is charged.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
	(2)	A person commits an offence if—
	(a)	the person has applied for registration; and
	(b)	the commissioner has not—
	(i)	told the person that the person has been registered; or
	(ii)	given the person a negative notice; and
	(c)	the person is convicted or found guilty of a relevant offence; and
	(d)	the person does not tell the commissioner about the conviction or finding of guilt in writing within 14 days after the day the person is convicted or found guilty.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both. 
	(3)	An offence against this section is a strict liability offence.
20	Restriction on reapplying for registration
	(1)	This section applies to a person if—
	(a)	the person is given a negative notice; or
Note	Negative notice—see s 35 (2).
	(b)	the person’s registration is cancelled.
	(2)	The person may apply for registration under section 15 only if—
	(a)	it is at least 3 years after the day—
	(i)	the person was given the negative notice; or
	(ii)	the cancellation took effect; or
Note	For when a cancellation takes effect, see s 53 (4).
	(b)	there has been a change in relevant information about the person since—
	(i)	the person was given the negative notice; or
	(ii)	the cancellation took effect
Examples—change in relevant information
1	a person has been acquitted of a previously pending charge for a relevant offence
2	a person’s conviction for a relevant offence has been quashed
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The risk assessment guidelines may provide for what constitutes a change in relevant information about the person.

Part 5	Risk assessments
Division 5.1	Important concepts
21	Meaning of risk assessment
	(1)	In this Act:
risk assessment, for a person, means an assessment by the commissioner of whether the person poses an unacceptable risk of harm to a vulnerable person.
Examples—harm
1	sexual
2	physical
3	emotional
4	financial
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	It does not matter whether the risk of harm arises from neglect, abuse or other conduct by the person.
22	Meaning of criminal history
In this Act:
criminal history, about a person, means any conviction of, or finding of guilt against, the person for a relevant offence.
Note	A conviction does not include a spent conviction (see Spent Convictions Act 2000, s 16 (c) (i)).
23	Meaning of non-conviction information
In this Act:
non-conviction information, about a person, means any of the following information about a relevant offence (or an alleged relevant offence):
	(a)	the person has been charged with the offence but—
	(i)	a proceeding for the alleged offence is not finalised; or
	(ii)	the charge has lapsed, been withdrawn or discharged, or struck out;
	(b)	the person has been acquitted of the alleged offence;
	(c)	the person has had a conviction for the alleged offence quashed or set aside;
	(d)	the person has been served with an infringement notice for the alleged offence;
	(e)	the person has a spent conviction for the offence.
Note	The Spent Convictions Act 2000 sets out which convictions can be spent (see that Act, s 11) and when a conviction is spent (see that Act s 12).
24	Meaning of relevant offence
In this Act:
relevant offence means any of the following offences (whether committed in the ACT or elsewhere):
	(a)	a sexual offence;
	(b)	an offence against the person;
	(c)	an offence involving violence;
	(d)	an offence involving dishonesty or fraud;
	(e)	an offence relating to property;
	(f)	an offence involving possession of, or trafficking in, a drug of dependence or controlled drug; 
	(g)	an offence against an animal;
	(h)	a driving offence.
Note	A reference to an offence includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).
Division 5.2	Risk assessment guidelines
25	Risk assessment guidelines
	(1)	The commissioner must make guidelines (risk assessment guidelines) about how risk assessments are to be conducted under this Act.
	(2)	A guideline may apply, adopt or incorporate an instrument, as in force from time to time.
Note	The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
	(3)	A risk assessment guideline is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
26	Risk assessment guidelines—content
	(1)	The risk assessment guidelines must provide for—
	(a)	matters the commissioner must or may take into account in conducting a risk assessment; and
	(b)	how those matters must or may be taken into account.
	(2)	Without limiting subsection (1), the risk assessment guidelines must provide for the following to be taken into account in conducting a risk assessment for a person in relation to a regulated activity:
	(a)	the person’s criminal history;
Note	The risk assessment guidelines must provide for certain matters to be taken into account in relation to relevant offences included in the person’s criminal history—see s 27.
	(b)	non-conviction information about the person;
Note	The risk assessment guidelines must provide for certain matters to be taken into account in relation to relevant offences, or alleged relevant offences, included in the non-conviction information about the person—see s 28.
	(c)	whether the person was previously given a negative notice under this Act or a corresponding law;
	(d)	whether the person was previously registered under this Act or a corresponding law (including whether the registration was suspended or cancelled);
	(e)	any other information the commissioner believes on reasonable grounds is or may be relevant in deciding whether, in engaging in the activity, the applicant poses a risk of harm to a vulnerable person.
Examples—par (e)
1	an order made against the person made under the Domestic Violence and Protection Orders Act 2008
2	a care and protection order under the Children and Young People Act 2008 for a child for whom the person has or had parental responsibility under that Act
3	a professional disciplinary proceeding against the person
Note 1	The risk assessment guidelines must provide for certain matters to be taken into account in relation to other information—see s 29.
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The risk assessment guidelines must provide that—
	(a)	the applicant may make submissions to the commissioner in relation to any matter the commissioner must or may take into account in conducting a risk assessment; and
	(b)	the commissioner must not take into account any information about an applicant unless satisfied on reasonable grounds that the information is accurate.
27	Risk assessment guidelines—criminal history
The risk assessment guidelines must provide for the following to be taken into account in relation to any relevant offence included in the person’s criminal history:
	(a)	the nature, gravity and circumstances of the offence;
	(b)	the relevance of the offence;
	(c)	how long ago the offence was committed;
	(d)	the age of the person and the victim at the time of the offence;
	(e)	whether the person’s circumstances have changed since the offence was committed;
	(f)	the person’s attitude to the offence;
	(g)	if the person has undergone a program of treatment or intervention for the offence—any assessment of the person following the program;
	(h)	if the offence was committed outside Australia—whether the offence is an offence in Australia;
	(i)	whether the person has committed any other relevant offence;
	(j)	any submission made by the person to the commissioner in relation to the matters mentioned in paragraphs (a) to (i).
28	Risk assessment guidelines—non-conviction information
The risk assessment guidelines must provide for the following to be taken into account in relation to any relevant offence, or any alleged relevant offence, included in the non-conviction information about the person:
	(a)	the nature, gravity and circumstances of the offence or alleged offence;
	(b)	the relevance of the offence or alleged offence;
	(c)	how long ago the offence or alleged offence was committed;
	(d)	the age of the person and the victim at the time of the offence or alleged offence;
	(e)	the truthfulness, completeness and reliability of any information or evidence provided by the person who made the allegation or provided the initial information;
	(f)	the nature, extent and outcome of any investigation into the offence or alleged offence;
	(g)	any formal statement made by the person to a police officer, including any answer given in a recorded interview, in relation to the offence or alleged offence;
	(h)	any evidence given by the person in a court proceeding for the offence or alleged offence;
	(i)	whether this was the person’s first offence or alleged offence;
	(j)	any submission made by the person to the commissioner in relation to the matters mentioned in paragraphs (a) to (i).
29	Risk assessment guidelines—other information
The risk assessment guidelines must provide for the following to be taken into account in relation to any other information the commissioner believes on reasonable grounds is or may be relevant in deciding whether, in engaging in a regulated activity, the applicant poses a risk of harm to a vulnerable person:
	(a)	how the information was obtained;
Examples
1	tip off from a member of the public
2	a media report
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(b)	the relevance of the information;
	(c)	the truthfulness, completeness and reliability of the information;
	(d)	any submission made by the person to the commissioner in relation to the matters mentioned in paragraphs (a) to (c).
Division 5.3	Conducting risk assessments
30	Risk assessments
	(1)	On application by a person for registration, the commissioner must conduct a risk assessment for the person.
Note	The commissioner need not conduct a risk assessment if the application has been withdrawn (see s 18 (2) (b)).
	(2)	The risk assessment must be conducted in accordance with the risk assessment guidelines.
31	Commissioner may seek information from entities to conduct risk assessments
The commissioner may seek information or advice from any entity the commissioner considers may be able to give information or advice that will assist the commissioner in conducting a risk assessment for a person.
Examples—entity
1	the chief police officer
2	a government department
3	an employer for a regulated activity
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Division 5.4	Negative risk assessments
32	Proposed negative notices
	(1)	This section applies if—
	(a)	the commissioner conducts a risk assessment for a person; and
	(b)	the commissioner is satisfied that the person poses an unacceptable risk of harm to a vulnerable person (a negative risk assessment).
	(2)	The commissioner must tell the person in writing (a proposed negative notice) that the commissioner intends to refuse to register the person.
	(3)	A proposed negative notice must state—
	(a)	the reasons for the negative risk assessment; and
	(b)	that, if the person believes the negative risk assessment has been made because of incomplete or incorrect information, the person may, take the steps mentioned in section 33 (2); and
	(c)	that, if the person does not take the steps mentioned in section 33 (2), the commissioner must give the person a negative notice.
	(4)	The commissioner must not tell a named employer—
	(a)	that a proposed negative notice has been given to a person; or
	(b)	the reasons for giving the person the notice.
33	Reconsideration of negative risk assessments
	(1)	This section applies if—
	(a)	the commissioner gives a person a proposed negative notice; and
	(b)	the person believes the negative risk assessment has been made because of incomplete or incorrect information.
	(2)	The person may—
	(a)	within 14 days after the day the commissioner gives the person the proposed negative notice, tell the commissioner in writing that the person intends to ask the commissioner to reconsider the application based on new or corrected information; and
	(b)	within 1 month after the day the commissioner gives the person the notice —
	(i)	give the commissioner any new or corrected information the person believes is relevant; and
	(ii)	ask the commissioner to reconsider the application based on the information.
	(3)	If the person asks the commissioner to reconsider the application, the commissioner must, as soon as practicable, conduct a risk assessment (a revised risk assessment) considering the new or corrected information.
Note	A revised risk assessment may result in registration (see s 36), which may be conditional (see s 37), or a negative notice (see s 35).
34	Extensions of period for reconsideration of negative risk assessment
	(1)	On written application by a person, the commissioner may extend the period mentioned in section 33 (2) (a) or (b).
Note	The commissioner may extend the period even if it has ended (see Legislation Act, s 151C).
	(2)	The commissioner may extend the period only if the commissioner is satisfied on reasonable grounds that it is appropriate to extend the period given the person’s circumstances.
Examples—when period may be extended
1	a person did not receive a proposed negative notice because the person was unexpectedly hospitalised
2	a person needs more than 1 month to obtain relevant information because the information is from a foreign country
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The commissioner must tell the person in writing of a decision under subsection (1) and—
	(a)	if the commissioner extends the period—state the extended period; or
	(b)	if the commissioner refuses to extend the period—the reasons for the decision.
Note	The commissioner must also give the person a reviewable decision notice in relation to a decision to—
	(a)	extend the period for a stated period; or
	(b)	refuse to extend the period (see s 55).
35	Negative notices
	(1)	The commissioner must refuse to register a person—
	(a)	if—
	(i)	the commissioner conducts a revised risk assessment for a person; and
	(ii)	the commissioner is satisfied that the person poses an unacceptable risk of harm to a vulnerable person; or
	(b)	if the commissioner gives the person a proposed negative notice and—
	(i)	the person does not tell the commissioner that the person intends to ask the commissioner to reconsider the application under section 33 (2) (a); or
	(ii)	the person—
	(A)	tells the commissioner that the person intends to ask the commissioner to reconsider the application under section 33 (2) (a); but
	(B)	does not give the commissioner any new or corrected information or ask the commissioner to reconsider the application under section 33 (2) (b).
	(2)	If the commissioner refuses to register a person, the commissioner must—
	(a)	tell the person in writing (a negative notice) that the commissioner refuses to register the person and the reasons for the refusal; and
Note	The commissioner must also give the person a reviewable decision notice in relation to the decision (see s 55).
	(b)	tell the named employer (if any) in writing that a negative notice has been given to the person.
	(3)	For subsection (2) (b), the commissioner must not tell a named employer the reasons for giving the person the negative notice.
Note	If an unregistered person engaging in a regulated activity under s 14 is given a negative notice, the person commits an offence under s 12 if the person continues to engage in the activity.

Part 6	Registration
Division 6.1	Registration
36	Registration
	(1)	This section applies if the commissioner—
	(a)	conducts a risk assessment or a revised risk assessment for a person; and
	(b)	is satisfied that the person poses no risk or an acceptable risk of harm to a vulnerable person (a positive risk assessment).
	(2)	The commissioner must—
	(a)	register the person; and
	(b)	tell the person in writing of the positive risk assessment and that the person has been registered; and
	(c)	tell the named employer (if any) in writing that the person has been registered.
	(3)	Registration must be for not longer than 3 years.
37	Conditional registration
	(1)	A registration may be subject to conditions.
Examples—conditions
1	a registered person must not drive a motor vehicle if a vulnerable person is a passenger
2	a registered person must not have unsupervised contact with a vulnerable person
3	a registered person must not supervise another registered person
4	a registered person may be engaged by any employer but only in a stated regulated activity
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	Without limiting subsection (1), the commissioner may register a person (a position-based registration) subject to the conditions that the person may engage only in stated regulated activities for a stated employer.
Example—position-based registration
a person with a criminal record is registered but may only work as a counsellor in a particular correctional centre
	(3)	A regulation may prescribe information that a person or an employer must give the commissioner before the commissioner may give the person a position-based registration.
38	Proposed conditional registration
	(1)	If the commissioner intends to register a person conditionally, the commissioner must tell the person in writing (a proposed conditional registration notice).
	(2)	A proposed conditional registration notice must state—
	(a)	what the condition is and the reasons for proposing to register the person conditionally; and
	(b)	that, if the person believes the commissioner is proposing to register the person conditionally because of incomplete or incorrect information, the person may take the steps mentioned in section 39 (2); and
	(c)	that if the person does not take the steps mentioned in section 39 (2), the commissioner must register the person conditionally.
	(3)	The commissioner must not tell a named employer—
	(a)	that a proposed conditional registration notice has been given to a person; or
	(b)	the reasons for giving the person the proposed conditional registration notice.
39	Reconsideration of proposed conditional registration
	(1)	This section applies if—
	(a)	the commissioner gives a person a proposed conditional registration notice; and
	(b)	the person believes the commissioner is proposing to register the person conditionally because of incomplete or incorrect information.
	(2)	The person may—
	(a)	within 14 days after the day the commissioner gives the person the proposed conditional registration notice, tell the commissioner in writing that the person intends to ask the commissioner to reconsider the application based on new or corrected information; and
	(b)	within 1 month after the day the commissioner gives the person the notice—
	(i)	give the commissioner any new or corrected information the person believes is relevant; and
	(ii)	ask the commissioner to reconsider the application based on the information.
	(3)	If the person asks the commissioner to reconsider the application, the commissioner must, as soon as practicable—
	(a)	consider the new or corrected information; and
	(b)	either—
	(i)	the commissioner is satisfied that the condition is unnecessary—register the person unconditionally; or
	(ii)	the commissioner is satisfied that the condition is necessary—register the person subject to the condition.
Note	The commissioner’s decision to register a person subject to a condition is reviewable (see s 54).
40	Extensions of period for reconsideration of proposed conditional registration
	(1)	On written application by a person, the commissioner may extend the period mentioned in section 39 (2) (a) or (b).
Note	The commissioner may extend the period even if it has ended (see Legislation Act, s 151C).
	(2)	The commissioner may extend the period only if the commissioner is satisfied on reasonable grounds that it is appropriate to extend the period given the person’s circumstances.
Examples—when period may be extended
1	a person did not receive a proposed conditional registration notice because the person was unexpectedly hospitalised
2	a person needs more than 1 month to obtain relevant information because the information is from a foreign country
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	The commissioner must tell the person in writing of a decision under subsection (1) and—
	(a)	if the commissioner extends the period—state the extended period; or
	(b)	if the commissioner refuses to extend the period—the reasons for the decision.
Note	The commissioner must also give the person a reviewable decision notice in relation to a decision to—
	(a)	extend the period for a stated period; or
	(b)	refuse to extend the period (see s 55).
41	Notice of conditional registration
	(1)	The commissioner must register a person subject to a condition if the commissioner gives the person a proposed conditional registration notice and—
	(a)	the person does not tell the commissioner that the person intends to ask the commissioner to reconsider the application under section 39 (2) (a); or
	(b)	the person—
	(i)	tells the commissioner that the person intends to ask the commissioner to reconsider the application under section 39 (2) (a); but
	(ii)	does not give the commissioner any new or corrected information or ask the commissioner to reconsider the application under section 39 (2) (b).
Note	The commissioner must also register a person subject to a condition if the commissioner has reconsidered the application based on new or corrected information and is satisfied that the condition is necessary (see s 39 (3) (b) (ii)).
	(2)	If a registration is subject to a condition, the commissioner must—
	(a)	tell the person in writing what the condition is and the reasons for the condition; and
Note	The commissioner must also give the person a reviewable decision notice in relation to the decision to register the person subject to a condition (see s 55).
	(b)	tell the named employer (if any) in writing—
	(i)	that the person’s registration is subject to a condition; and
	(ii)	what the condition is.
42	Offences—registered person contravene condition of registration
	(1)	A person commits an offence if—
	(a)	the person’s registration is subject to a condition; and
	(b)	the person contravenes a requirement of the condition.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
	(2)	An offence against subsection (1) is a strict liability offence.
	(3)	A person commits an offence if—
	(a)	the person’s registration is subject to a condition; and
	(b)	the person contravenes a requirement of the condition; and
	(c)	the person knows, or is reckless about whether, the person is contravening the requirement.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
	(4)	Strict liability applies to subsection (3) (a).
Note	The commissioner may suspend or cancel a person’s registration if the person’s registration is subject to a condition and the person contravenes a requirement of the condition (see s 51 (1)).
Division 6.2	Registration cards
43	Registration cards
	(1)	If the commissioner registers a person, the commissioner must give the person a working with vulnerable people registration card (a registration card).
	(2)	A registration card must contain—
	(a)	a unique identifying number (a registration number); and
	(b)	the date the registration ends; and
	(c)	anything else prescribed by regulation.
44	Offence—fail to produce registration card
	(1)	A registered person commits an offence if the person—
	(a)	engages in a regulated activity; and
	(b)	is required to be registered to engage in the activity; and
	(c)	is asked to produce the person’s registration card by—
	(i)	a police officer; or
	(ii)	a person authorised by the commissioner; and
	(d)	does not produce the person’s registration card.
Maximum penalty: 10 penalty units.
	(2)	An offence against this section is a strict liability offence.
45	Lost, stolen or damaged registration cards
	(1)	This section applies if a registration card given to a person is lost, stolen or damaged.
	(2)	The person may apply to the commissioner for a replacement card.
Note 1	If a form is approved under s 62 for this provision, the form must be used.
Note 2	A fee may be determined under s 61 for this provision.
	(3)	The application must be accompanied by a statutory declaration made by the applicant setting out the circumstances in which the card was lost, stolen or damaged.
	(4)	If a person applies for a replacement card, the commissioner must—
	(a)	replace the card; or
	(b)	refuse to replace the card.
Note	The commissioner must give the person a reviewable decision notice in relation to the decision to refuse to replace the card (see s 55).
	(5)	The commissioner must replace the card if satisfied that—
	(a)	the person held a registration card; and
	(b)	the card is lost, stolen or damaged.
46	Offence—fail to return registration card 
	(1)	A person commits an offence if—
	(a)	the person’s registration is suspended or cancelled under section 53; and
	(b)	the person does not return the person’s registration card to the commissioner as soon as practicable, but within 14 days, after the day the suspension or cancellation takes effect.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Note	For when a suspension or cancellation takes effect, see s 53 (4).
	(2)	Subsection (1) does not apply to a person if the person’s card has been—
	(a)	lost or stolen; or
	(b)	destroyed by someone else.
Note	The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
	(3)	An offence against this section is a strict liability offence.
Division 6.3	Monitoring registered people
47	Commissioner may seek information from entities about registered people
	(1)	The commissioner may seek information or advice from any entity the commissioner considers may be able to give information or advice that is relevant to whether a registered person continues to pose no risk or an acceptable risk of harm to a vulnerable person.
Example
an updated criminal history report from the chief police officer
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	An entity may give information or advice in response to a request under this section and, in doing so, does not contravene any duty of confidentiality the entity has under any law or agreement, despite anything to the contrary in the law or agreement.
48	Additional risk assessments
	(1)	This section applies if the commissioner believes on reasonable grounds that there is new relevant information about a registered person.
Examples—new relevant information
1	a registered person is suspected of having committed a relevant offence
2	a registered person has been charged with a relevant offence
3	a registered person has been convicted or found guilty of a relevant offence
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The commissioner must—
	(a)	conduct a risk assessment (an additional risk assessment) for the person taking into account the new relevant information; and
	(b)	tell the person in writing that the additional risk assessment is being conducted.
Note	If the commissioner decides to conduct an additional risk assessment for a person, the commissioner may suspend the person’s registration while the assessment is conducted (see s 51 (2)).
	(3)	If the commissioner conducts an additional risk assessment for the person and is satisfied that that the person poses no risk or an acceptable risk of harm to a vulnerable person, the commissioner may—
	(a)	leave the person’s registration unchanged; or
	(b)	make the person’s registration conditional.
Note 1	Section 38 sets out the commissioner’s obligations if the commissioner intends to register a person conditionally.
Note 2	The commissioner must cancel a person’s registration if the commissioner has conducted an additional risk assessment for the person and is satisfied that that the person poses an unacceptable risk of harm to a vulnerable person (see s 51 (3)).
	(4)	The risk assessment guidelines may provide for what constitutes new relevant information about a registered person.
49	Offences—registered person fail to disclose charge, conviction or finding of guilt for relevant offence
	(1)	A person commits an offence if the person—
	(a)	is registered; and
	(b)	is charged with a relevant offence; and
	(c)	does not tell the commissioner about the charge in writing within 14 days after the day the person is charged.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
	(2)	A person commits an offence if the person—
	(a)	is registered; and
	(b)	is convicted or found guilty of a relevant offence; and
	(c)	does not tell the commissioner about the conviction or finding of guilt in writing within 14 days after the day the person is convicted or found guilty.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
	(3)	An offence against this section is a strict liability offence.
50	Offence—fail to notify change of name or address
	(1)	A person commits an offence if—
	(a)	the person is registered; and 
	(b)	the person’s name or address changes; and
	(c)	the person does not tell the commissioner in writing of the change within 14 days after the day the change happens.
Maximum penalty: 10 penalty units.
Note	If a form is approved under s 62 for this provision, the form must be used.
	(2)	An offence against this section is a strict liability offence.
Division 6.4	Suspending or cancelling registration
51	Grounds for suspension or cancellation of registration
	(1)	The commissioner may suspend or cancel a person’s registration if—
	(a)	the person’s registration is subject to a condition; and
	(b)	the person contravenes a requirement of the condition; and
	(c)	the commissioner believes on reasonable grounds that suspension or cancellation is necessary for this Act.
Note	A person commits an offence if the person contravenes a requirement of a condition—see s 42.
	(2)	If the commissioner decides to conduct an additional risk assessment for a person, the commissioner may suspend the person’s registration while the assessment is conducted.
Note	The commissioner may conduct an additional risk assessment for a person under s 48 if the commissioner believes on reasonable grounds that there is new relevant information about the person.
	(3)	The commissioner must cancel a person’s registration if the commissioner—
	(a)	has conducted an additional risk assessment for the person; and
	(b)	is satisfied that the person poses an unacceptable risk of harm to a vulnerable person.
52	Notice of proposed suspension or cancellation of registration
	(1)	The commissioner must give written notice of an intention to suspend or cancel a person’s registration to the person.
	(2)	A notice of intention to suspend or cancel a person’s registration must—
	(a)	set out the ground for suspension or cancellation; and
	(b)	state that the person may, within 14 days after the day the commissioner gives the person the notice, give reasons why the person considers that the registration should not be suspended or cancelled.
53	Suspension or cancellation of registration
	(1)	The commissioner must suspend or cancel a person’s registration if the commissioner—
	(a)	has given written notice to the person of an intention to suspend or cancel the registration; and
	(b)	has considered any reasons given by the person in accordance with the notice; and
	(c)	is satisfied that the ground for suspension or cancellation under section 51 exists.
Note	The commissioner’s decision to suspend or cancel a person’s registration is reviewable (see s 54).
	(2)	The commissioner must—
	(a)	tell the person in writing—
	(i)	that the person’s registration is suspended or cancelled; and
	(ii)	the ground for suspension or cancellation; and
Note	The commissioner must also give the person a reviewable decision notice in relation to the decision to suspend or cancel the person’s registration (see s 55).
	(b)	tell the person’s employer (if any) in writing that the person’s registration has been suspended or cancelled.
	(3)	For subsection (2) (b), the commissioner must not tell the person’s employer the ground for suspension or cancellation.
	(4)	The suspension or cancellation takes effect—
	(a)	on the day after the day the commissioner tells the person in writing that the person’s registration is suspended or cancelled; or
	(b)	if a later date is stated in the notice of suspension or cancellation—the later date.
	(5)	To remove any doubt, a person whose registration is suspended does not have a registration allowing the person to engage in a regulated activity. 
Note	A person engaging in a regulated activity for which the person is required to be registered commits an offence under s 12 if the person’s registration is suspended or cancelled and the person continues to engage in the activity.

Part 7	Notification and review of decisions
    
54	Meaning of reviewable decision—pt 7
In this part:
reviewable decision means a decision mentioned in schedule 2, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
55	Reviewable decision notices 
If the commissioner makes a reviewable decision, the commissioner must give a reviewable decision notice only to each entity mentioned in schedule 2, column 4 in relation to the decision.
Note	The requirements for a reviewable decision notice are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
56	Applications for review 
An entity mentioned in schedule 2, column 4 in relation to a reviewable decision may apply to the ACAT for review of the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

Part 8	Miscellaneous
57	Protection from liability
	(1)	An official is not civilly liable for anything done or omitted to be done honestly and without recklessness—
	(a)	in the exercise of a function under this Act; or
	(b)	in the reasonable belief that the act or omission was in the exercise of a function under this Act.
	(2)	Any civil liability that would, apart from subsection (1), attach to an official attaches instead to the Territory.
	(3)	In this section:
official means—
	(a)	the commissioner; or
	(b)	a person authorised under this Act by the commissioner to do or not to do a thing.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
58	Offences—use or divulge protected information
	(1)	A person to whom this section applies commits an offence if—
	(a)	the person uses information; and
	(b)	the information is protected information about someone else; and
	(c)	the person is reckless about whether the information is protected information about someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
	(2)	A person to whom this section applies commits an offence if—
	(a)	the person does something that divulges information; and
	(b)	the information is protected information about someone else; and
	(c)	the person is reckless about whether—
	(i)	the information is protected information about someone else; and
	(ii)	doing the thing would result in the information being divulged to someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
	(3)	Subsections (1) and (2) do not apply if the information is used or divulged—
	(a)	under this Act or another territory law; or
	(b)	in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or
	(c)	in a court proceeding.
	(4)	Subsections (1) and (2) do not apply to the using or divulging of protected information about a person with the person’s consent.
Note	The defendant has an evidential burden in relation to the matters mentioned in ss (3) and (4) (see Criminal Code, s 58).
	(5)	A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the territory.
	(6)	In this section:
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
divulge includes—
	(a)	communicate; or
	(b)	publish
person to whom this section applies means—
	(a)	a person who is or has been the commissioner; or
	(b)	anyone else who has exercised a function under this Act.
produce includes allow access to.
protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else.
Examples—protected information 
1	information obtained by the commissioner in conducting a risk assessment for a person
2	information disclosed by the commissioner in seeking information or advice from an entity about a registered person
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
use information includes make a record of the information.
59	Evidentiary certificates
	(1)	The commissioner may give a signed certificate—
	(a)	stating that on a stated date or during a stated period a named person was or was not registered; and
	(b)	if the person was registered—including details of the person’s registration.
	(2)	A certificate under this section is evidence of the matters stated in it.
	(3)	Unless the contrary is proved, a document that purports to be a certificate under this section is taken to be a certificate.
60	Disqualification orders
	(1)	If a court finds a person guilty of an offence against this Act, the court may make an order disqualifying the person from applying for registration for a stated period or until a stated thing happens.
	(2)	In this section:
offence against this Act includes an offence against the Criminal Code in relation to anything done, or not done, under or in relation to this Act.
61	Determination of fees
	(1)	The Minister may determine fees for this Act.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3)
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
62	Approved forms
	(1)	The commissioner may approve forms for this Act.
	(2)	If the commissioner approves a form for a particular purpose, the approved form must be used for the purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
63	Review of Act
	(1)	The Minister must, as soon as practicable after the end of this Act’s 5th year of operation—
	(a)	review the operation of the Act; and
	(b)	present a report of the review to the Legislative Assembly.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(2)	This section expires 6 years after the day it commences.
64	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(2)	Without limiting subsection (1), a regulation may make provision for—
	(a)	the obligations of employers before engaging people in regulated activities; and
	(b)	the obligations of employers in relation to people they engage in regulated activities.
	(3)	A regulation may create offences and fix maximum penalties of not more than 20 penalty units for the offences.
65	Fair Trading (Consumer Affairs) Act 1973, dictionary, definition of fair trading legislation, new paragraph (f)
insert
	(f)	the Working with Vulnerable People (Background Checking) Act 2010.

Schedule 1	Regulated activities
(see s 7)
Part 1.1	Activities or services for children
1.1	Child protection services
	(1)	An activity or service is a regulated activity if the activity is conducted, or the service is provided, under the Children and Young People Act 2008 for a child or young person.
	(2)	Without limiting subsection (1), a regulated activity includes an activity conducted or a service provided under the Children and Young People Act 2008—
	(a)	by—
	(i)	a member of the Children and Youth Services Council; or
	(ii)	a family group conference facilitator; or
	(iii)	a kinship carer; or
	(iv)	a foster carer; or
	(v)	a residential care service; or
	(vi)	a researcher for a research project; or
	(vii)	an authorised assessor; or
	(viii)	another person administering, or exercising a function under, the Act; or
	(b)	under a therapeutic protection order.
Note	See the Children and Young People Act 2008, particularly:
·	pt 2.2 (Children and Youth Services Council);
·	pt 3.2 (Family group conferences—facilitators);
·	s 438 (Care and protection assessment—authorisation of assessors);
·	s 509 (Who is a kinship carer?);
·	s 510 (Who is a foster carer?);
·	s 511 (What is a residential care service?);
·	pt 16.2 (Therapeutic protection orders);
·	ch 22 (Research involving children and young people).
1.2	Childcare service
	(1)	An activity or service is a regulated activity if the activity is conducted, or the service is provided, by—
	(a)	a childcare service; or
	(b)	another commercial service that provides child care.
Examples—par (b)
1	babysitting service
2	nanny service
3	a service conducted by a hotel or resort to provide childcare to children who are short term guests
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	In this section:
childcare service—see the Children and Young People Act 2008, section 732.
Note	Childcare service means—
	(a)	a childcare centre; or
	(b)	a family day care scheme.
1.3	Child education services
	(1)	An activity or service is a regulated activity if the activity is conducted, or the service is provided, as part of a child education service.
	(2)	In this section:
child education service—
	(a)	means a service for which the main purpose is to provide education and care for children; and
	(b)	includes—
	(i)	a school or other educational institution, whether or not operated by or on behalf of the Territory; and
	(ii)	a school-crossing service.
school means a preschool, primary school, high school or secondary college.
1.4	Child accommodation services
	(1)	An activity or service is a regulated activity if the activity is conducted, or the service is provided, as part of a child accommodation service.
	(2)	In this section:
child accommodation service—
	(a)	means a service for which the main purpose is to provide residential accommodation for children; and
	(b)	includes an overnight camp for children, irrespective of the kind of accommodation or of how many children are involved.
Examples—child accommodation service
1	school group accommodation
2	a home stay, including as part of a student exchange
3	a school boarding facility
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.5	Counselling and support services for children
An activity or service is a regulated activity if the activity is conducted, or the service is provided, as part of—
	(a)	a counselling service for children; or
	(b)	a support service for children.
1.6	Commercial services for children
An activity or service is a regulated activity if—
	(a)	the activity is conducted, or the service is provided specifically for children by a commercial entity; and
	(b)	the activity or service is one of the following:
	(i)	an entertainment or party service;
	(ii)	a gym or play facility;
	(iii)	a photography service;
	(iv)	a talent or beauty competition.

Part 1.2	Activities or services for vulnerable people
1.7	Mental health
An activity or service is a regulated activity if any of the usual functions of the activity or service include providing treatment, care, rehabilitation or protection to people who are mentally impaired, mentally dysfunctional or mentally ill.
Examples
1	an activity or service that provides personal care, assessment or referral of support needs, education, training and skill development, information services, recreation, counselling, community access, accommodation support, rehabilitation, or employment services, specifically for people who are mentally impaired, mentally dysfunctional or mentally ill
2	an activity or service provided in association with the use of premises for the care, treatment or accommodation of people who are mentally impaired, mentally dysfunctional or mentally ill
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.8	Migrants, refugees and asylum seekers
An activity or service is a regulated activity if the activity is conducted, or the service is provided, to support—
	(a)	migrants, or
	(b)	refugees or asylum seekers; or
	(c)	people who cannot communicate, or who have difficulty communicating, in English.
Examples
an activity or service that provides assistance settling in the ACT, including mentoring, employment services, transport or accommodation support, specifically for migrants, refugees, asylum seekers or people from non-English speaking backgrounds
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.9	Homeless people
An activity or service is a regulated activity if the activity is conducted, or the service is provided, to support people who are homeless.
Examples
1	an activity or service that provides food, transport, coordination or referral of support needs for people who are homeless
2	a drop in centre
3	a soup kitchen
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.10	Housing and accommodation
A service or activity is a regulated activity if any of the usual functions of the service or activity include providing public or community housing or accommodation to people suffering social or financial hardship.
Examples
1	public housing
2	social housing
3	community housing
4	housing assistance
5	social housing
6	crisis accommodation
7	refuges
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.11	Justice facilities
	(1)	An activity or service is a regulated activity if—
	(a)	any of the usual functions of the activity or service are carried out at a justice facility; or
	(b)	the activity is conducted, or the service is provided, because of a sentence, detention, probation, parole or other order, that could be made or imposed by the court.
	(2)	In this section:
justice facility means—
	(a)	a correctional centre; or
	(b)	a remand centre; or
	(c)	a detention place; or
	(d)	a place outside a detention place if a detainee is, or has been, directed to work or take part in an activity at the place; or
	(e)	any other place a person may be held in custody.
1.12	Prevention of crime
An activity or service is a regulated activity if the activity is conducted, or the service is provided, in relation to a person to reduce the likelihood of the person committing a criminal offence.
Examples
1	a program to keep police informed of the whereabouts and other personal details about a person who has committed a crime to reduce the likelihood that the person will reoffend
2	a mentoring program
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.13	Victims of crime
An activity or service is a regulated activity if the activity is conducted, or the service is provided, to assist or support victims of crime.
Example
an activity or service that provides counselling and support, therapeutic intervention, financial assistance, information or advice for victims of crime
Note 1	Victims of crime are eligible for assistance under the victims services scheme (see Victims of Crime Act 1994, pt 4).
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.14	Services for addictions
	(1)	An activity or service is a regulated activity if any of the usual functions of the activity or service include providing treatment, care, rehabilitation or protection to people who are—
	(a)	addicted to, or misuse, a substance (whether alcohol, a medicine, a prohibited substance or another substance); or
	(b)	addicted to an activity.
Examples—addictive activity
1	gambling
2	shopping
3	exercise
Examples—regulated activity
1	an activity or service that provides health care, counselling, accommodation or financial support for people who are addicted to a substance or an activity
2	a detoxification support program, such as Alcoholics Anonymous
3	a needle and syringe exchange program
4	a methadone treatment and withdrawal program
5	a gambling addiction telephone help-line
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	In this section:
prohibited substance—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 13.
1.15	Community services
An activity or service is a regulated activity if the activity is conducted, or the service is provided, to—
	(a)	people and families suffering social or financial hardship; or
	(b)	people who need support to live independently.
Examples
1	an activity or service that provides crisis intervention, emergency relief, parenting support, assessment or referral of support needs, education, training and skill development, information services, counselling, community access, or employment services, for people and families suffering social or financial hardship
2	an activity or service that provides home help, home maintenance or modification, allied health care, personal care, food services, assessment or referral of support needs, information services, coordination, case management, recreation, counselling, community access, rehabilitation, or employment services, to people who need support to live independently
3	an activity or service provided in association with the use of premises for the care, treatment or accommodation of people who need support to live independently
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.16	Disability services
	(1)	An activity or service is a regulated activity if the activity is conducted, or the service is provided, specifically for people with a disability.
Examples
1	an activity or service that provides home help, home maintenance or modification, personal care, food services, assessment or referral of support needs, information services, coordination, case management, recreation, counselling, community access, rehabilitation, or employment services, to people with a disability
2	an activity or service provided in association with the use of premises for the care, treatment or accommodation of people with a disability
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	In this section:
disability—see the Human Rights Commission Act, section 8 (2).
Note	For the Human Rights Commission Act, s 8 (2), disability means a disability that—
	(a)	is attributable to an intellectual, psychiatric, sensory or physical impairment, or a combination of those impairments; and
	(b)	is permanent or likely to be permanent; and
	(c)	results in—
	(i)	the person having a substantially reduced capacity for communication, learning or mobility; and
	(ii)	the need for continuing support services for the person; and
	(d)	may, but need not, be of a chronic episodic nature.
1.17	Respite care services
An activity or service is a regulated activity if any of the usual functions of the activity or service include providing respite care.
1.18	Emergency services personnel
An activity or service is a regulated activity if the activity is conducted, or the service is provided, by—
	(a)	an emergency service; or
	(b)	a person acting on behalf of an emergency service.

Part 1.3	Other activities or services for vulnerable people
1.19	Transport
An activity or service is a regulated activity if any of the usual functions of the activity or service include providing public or private transport that is—
	(a)	specifically for, or mainly used by, children; or
	(b)	specifically for people accessing a regulated activity mentioned in part 1.2.
Example—par (a)
a school bus service
Examples—par (b)
1	a minibus transporting detainees to or from a remand centre
2	a taxi for mobility impaired people
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	To remove any doubt, an activity or service is a regulated activity if a person must have 1 or both of the following to conduct the activity or provide the service:
	(a)	a public vehicle licence;
	(b)	a driving instructor certificate of accreditation.
Note 1	Public vehicle licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.
Note 2	For certificates of accreditation for driving instructors, see the Road Transport (Driver Licensing) Regulation 2000, pt 7 (Accreditation of driving instructors).
1.20	Coaching and tuition
An activity or service is a regulated activity if—
	(a)	any of the usual functions of the activity or service include coaching or tuition specifically for—
	(i)	children; or
	(ii)	people accessing a regulated activity mentioned in part 1.2; and
	(b)	the coaching or tuition is provided by a commercial entity.
1.21	Vocational and educational training
An activity or service is a regulated activity if any of the usual functions of the activity or service include providing vocational education and training specifically for—
	(a)	children; or
	(b)	people accessing a regulated activity mentioned in part 1.2.
Examples
1	a pathways to employment program
2	an adult English language, literacy and numeracy skills program
3	an industry training service
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.22	Religious organisations
An activity or service is a regulated activity if—
	(a)	the activity is conducted, or the service is provided, by—
	(i)	a religious organisation; or
	(ii)	a person acting on behalf of a religious organisation; and
	(b)	the activity or service is—
	(i)	specifically for, or mainly used by children; or
	(ii)	specifically for people accessing a regulated activity mentioned in part 1.2.
Example—par (a)
Sunday school
Example—par (b)
counselling provided by a minister of religion
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.23	Clubs, associations and movements
An activity or service is a regulated activity if—
	(a)	the activity is conducted, or the service is provided, by a club, association or movement (including of a cultural, recreational or sporting nature); and
	(b)	the club association or movement has significant membership or involvement by—
	(i)	children; or
	(ii)	people accessing a regulated activity mentioned in part1.2.
Examples
1	a children’s football team
2	an art class for people who require assistance to live independently
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Schedule 2	Reviewable decisions
(see pt 7)

column 1
item	column 2
section	column 3
decision	column 4
entity	
1	34 (1)	extend period for stated period	person	
2	34 (1)	refuse to extend period	person	
3	35 (1)	refuse to register person	person	
4	39 (3) (b) (ii)	register person subject to condition	person	
5	40 (1)	extend period for stated period	person	
6	40 (1)	refuse to extend period	person	
7	41 (1)	register person subject to condition	person	
8	45 (4) (b)	refuse to replace person’s registration card	person	
9	53 (1)	suspend or cancel person’s registration	person	

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACAT
·	ACT
·	adult
·	Australia
·	change
·	chief police officer
·	child
·	commissioner for fair trading
·	contravene
·	Corporations Act
·	correctional centre
·	Criminal Code
·	detention place
·	disallowable instrument (see s 9)
·	document
·	domestic partner (see s 169 (1))
·	emergency service
·	entity
·	found guilty
·	function
·	health practitioner
·	home address
·	lawyer
·	Legislation Act
·	notifiable instrument (see s 10)
·	penalty unit (see s 133)
·	person (see s 160)
·	police officer
·	reviewable decision notice
·	territory law
·	the Territory
·	writing.
additional risk assessment—see section 48 (2) (a).
commissioner means the commissioner for fair trading.
conditional registration means a registration that is subject to conditions.
contact, between a person and a vulnerable person—see section 9.
corresponding law means—
	(a)	a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or
	(b)	a law of another jurisdiction prescribed by regulation as a corresponding law for this Act.
criminal history, about a person—see section 22.
employer, in relation to a regulated activity—see section 10.
engaged, in a regulated activity—see section 8.
jurisdiction means a State, the Commonwealth or an internal Territory, including the ACT.
named employer, for a regulated activity—see section 16 (1) (d) (i).
negative notice—see section 35 (2) (a).
negative risk assessment—see section 32 (1) (b).
non-conviction information, about a person—see section 23.
position-based registration—see section 37 (2).
proposed conditional registration notice—see section 38 (1).
proposed interim negative notice—see section 32 (2).
proposed negative notice—see section 32 (2).
registration means a registration under this Act.
registration card—see section 43 (1).
registration number—see section 43 (2) (a).
regulated activity—see section 7.
relevant offence—see section 24.
reviewable decision, for part 4 (Notification and review of decisions)—see section 54.
revised risk assessment—see section 33 (3).
risk assessment, for a person—see section 21.
risk assessment guidelines—see section 25.
spent, for a conviction—see the Spent Convictions Act 2000, section 7.
vulnerable person—see section 6.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2010.
2	Notification
	Notified under the Legislation Act on	2010.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2010