{"id":"a-2011-44","name":"Working with Vulnerable People (Background Checking) Act 2011","slug":"working-with-vulnerable-people-background-checking-act-2011","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"44 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24542,"registerId":"act-a-2011-44-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"2 Activities or services for vulnerable people 87","content":"Part 1.2 Activities or services for vulnerable people 87\n1.8 Mental health 87\n1.9 Migrants, refugees and asylum seekers 87\n1.10 Homeless people 88\n1.11 Housing and accommodation 88\n1.12 Justice facilities 89\n1.13 Prevention of crime 89\n1.14 Victims of crime 90\n1.15 Services for addictions 90\n1.16 Community services 91\n1.17 Disability services 91\n1.18 Respite care services 92\n1.19 Emergency services personnel 92\n\nPage\ncontents 6 Working with Vulnerable People (Background Checking)\nPart 1.3 Other activities or services for vulnerable people 93\n1.20 Transport 93\n1.21 Coaching and tuition 94\n1.22 Vocational and educational training 95\n1.23 Religious organisations 95\n1.24 Clubs, associations and movements 96\nSchedule 2 Reviewable decisions 97\nSchedule 3 Disqualifying offences 98\nPart 3.1 Definitions 98\n3.1 Definitions—sch 3 98\nPart 3.2 Class A disqualifying offences 99\nPart 3.3 Class B disqualifying offences 111\nDictionary 125\n1 About the endnotes 129\n2 Abbreviation key 129\n3 Legislation history 130\n4 Amendment history 135\n5 Earlier republications 143\n6 Expired transitional or validating provisions 145\n\nAn Act to provide for background checking and registration of people who work\nwith vulnerable people, and for other purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Working with Vulnerable People (Background\nChecking) Act 2011.\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Dictionary","content":"4 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘spent, for a conviction—see the\nSpent Convictions Act 2000, section 7.’ means that the term ‘spent’ is\ndefined in that section and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Notes","content":"5 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"6 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":4},{"sectionNumber":"6A","sectionType":"section","heading":"Best interests of vulnerable people paramount","content":"6A Best interests of vulnerable people paramount\nconsideration\n(1) A person making a decision under this Act must regard the best\ninterests of vulnerable people as the paramount consideration.\n(2) In forming a view about the best interests of vulnerable people, a\nperson making a decision under this Act must take into account the\nsafety, welfare and protection of vulnerable people.\n\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Who is a vulnerable person?","content":"7 Who is a vulnerable person?\nvulnerable person means—\n(a) a child; or\n(b) an adult who is—\n(i) disadvantaged; and\n(ii) accessing a regulated activity in relation to the\ndisadvantage.\nExamples—disadvantaged\n1 an adult with a physical or mental disability\n2 an adult who suffers social or financial hardship\n3 an adult who cannot communicate, or who has difficulty\ncommunicating, in English\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"What is a regulated activity?","content":"8 What is a regulated activity?\nregulated activity—\n(a) means an activity or service—\n(i) mentioned in schedule 1; or\n(ii) that is an NDIS activity; or\n(iii) prescribed by regulation; but\n(b) does not include an activity or service declared by the Minister\nunder subsection (2).\n\n(2) The Minister may declare that a stated activity or service is not a\nregulated activity.\n(3) A declaration is a disallowable instrument.\n","sortOrder":7},{"sectionNumber":"8A","sectionType":"section","heading":"What is an NDIS activity?","content":"8A What is an NDIS activity?\nNDIS activity means a support or a service provided to people with a\ndisability by a registered NDIS provider under the NDIS Act.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"When is a person engaged in a regulated activity?","content":"9 When is a person engaged in a regulated activity?\nA person is engaged in a regulated activity if the person—\n(a) has contact with a vulnerable person as part of engaging in the\nNote Contact, between a person and a vulnerable person as part of\nengaging in a regulated activity—see s 10.\n(b) is engaged in the activity in any capacity and whether—\n(i) for reward or otherwise; or\n(ii) under an arrangement with someone else or otherwise.\nExamples—capacity in which engaged in activity\n1 employee\n2 contractor or subcontractor\n3 consultant\n4 self-employed person\n5 apprentice\n6 volunteer\n7 agent\n8 supervisor\n9 person on a work experience placement for an educational or vocational\ncourse\n\n10 person carrying out work for a sentence, including a community service\norder\n11 minister of religion for a religious organisation\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"What is contact with a vulnerable person?","content":"10 What is contact with a vulnerable person?\ncontact, between a person and a vulnerable person as part of engaging\nin a regulated activity, means contact that—\n(a) would reasonably be expected as a normal part of engaging in\nthe activity; and\n(b) is more than incidental to engaging in the activity; and\nExample—incidental\na person works in the same building as a vulnerable person, but does not have\nany physical contact or face-to-face communication with the vulnerable\n(c) is 1 or more of the following:\n(i) physical contact, including engaging in the activity at the\nsame place as the vulnerable person;\n(ii) oral communication, whether face-to-face or by telephone;\n(iii) written communication, including—\n(A) electronic communication; or\n(B) dealing with a record relating to the vulnerable\nperson;\n(iv) making a decision that affects the vulnerable person; and\n\n(d) for an NDIS activity—is more than incidental contact under the\nNational Disability Insurance Scheme (Practice Standards—\nWorker Screening) Rules 2018 (Cwlth), rule 6.\nExamples—contact\n1 A water main bursts at a school during school hours. A plumber is called to\nthe school to fix the problem. Despite working near children, the plumber’s\ncontact with the children is not contact for this Act for either of the following\nreasons:\n(a) it would not reasonably be expected as a normal part of plumbing;\n(b) it is incidental to the plumber’s activity.\n","sortOrder":10},{"sectionNumber":"2","sectionType":"section","heading":"A school janitor routinely carries out minor repairs at a school during school","content":"2 A school janitor routinely carries out minor repairs at a school during school\nhours. The janitor’s contact with the children is contact for this Act as the\ncontact—\n(a) would reasonably be expected as a normal part of the janitor’s activities;\nand\n(b) is not incidental to the janitor’s activities; and\n(c) is physical contact, as the janitor is carrying out the activities in the same\nplace as children.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Who is an employer?","content":"11 Who is an employer?\nemployer, in relation to a regulated activity—\n(a) means an entity for whom a person engages in the activity; and\n(b) includes an entity who—\n(i) in the course of business, arranges for the placement of a\nperson in employment with others; and\n(ii) engages a person under a contract to perform work; and\n\n(iii) engages a worker to perform work as a volunteer for the\nperson under an agreement (whether written or unwritten).\nExamples—employer\n1 principal contractor is an employer of a subcontractor\n2 charitable organisation is an employer of a volunteer\n3 religious organisation is an employer of a minister of religion\n4 a registered NDIS provider is an employer of a person engaged in an NDIS\nactivity\nNote Entity includes an unincorporated body and a person (including a person\noccupying a position) (see Legislation Act, dict, pt 1).\n","sortOrder":12},{"sectionNumber":"11A","sectionType":"section","heading":"Meaning of relevant offence","content":"11A Meaning of relevant offence\nrelevant offence means any of the following offences (whether\ncommitted in the ACT or elsewhere):\n(a) a sexual offence;\n(b) an offence against the person;\n(c) an offence involving violence;\n(d) an offence involving dishonesty or fraud;\n(e) an offence relating to property;\n(f) an offence involving possession of, or trafficking in, a drug of\ndependence or controlled drug;\n(g) an offence against an animal;\n(h) a driving offence;\n(i) a disqualifying offence.\nNote A reference to an offence includes a reference to a related ancillary\noffence, eg attempt (see Legislation Act, s 189).\n\n","sortOrder":13},{"sectionNumber":"11B","sectionType":"section","heading":"Meaning of disqualifying offence etc","content":"11B Meaning of disqualifying offence etc\nclass A disqualifying offence means an offence against—\n(a) a provision of a law mentioned in schedule 3, part 3.2, column 2,\nif any condition mentioned in column 4 for the offence is met;\nor\n(b) a provision of a law declared to be a class A disqualifying\noffence, if any condition declared for the offence is met.\nclass B disqualifying offence means an offence against—\n(a) a provision of a law mentioned in schedule 3, part 3.3, column 2,\nif any condition mentioned in column 4 for the offence is met;\nor\n(b) a provision of a law declared to be a class B disqualifying\noffence, if any condition declared for the offence is met.\ndisqualifying offence means a class A disqualifying offence or a\nclass B disqualifying offence.\n(2) The Minister may declare—\n(a) either of the following to be a class A disqualifying offence or a\nclass B disqualifying offence:\n(i) a provision of a law of the Commonwealth, another State\nor a foreign country that corresponds, or substantially\ncorresponds, to a provision of a law mentioned in—\n(A) for a class A disqualifying offence—schedule 3,\npart 3.2, column 2; and\n(B) for a class B disqualifying offence—schedule 3,\npart 3.3, column 2;\nNote State includes the Northern Territory (see Legislation Act,\ndict, pt 1).\n\n(ii) a provision of a law that has been omitted, or omitted and\nremade with changes; and\nNote A conviction against an offence under a provision of a law\nthat has been omitted or remade does not include a spent\nconviction or an extinguished conviction (see Spent\nConvictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).\n(b) any condition that must be met for an offence declared under\nparagraph (a) to be a disqualifying offence.\n(3) A declaration is a disallowable instrument.\n","sortOrder":14},{"sectionNumber":"11C","sectionType":"section","heading":"Disqualifying offences—kinship care activities","content":"11C Disqualifying offences—kinship care activities\n(1) This section applies if a person—\n(a) applies for registration under section 17; and\n(b) is engaged, or seeking registration to engage, only in a kinship\ncare activity; and\n(c) has an adult conviction or finding of guilt for a class A\n(2) The person’s class A disqualifying offence is taken to be a class B\ndisqualifying offence in relation to the application for registration.\nkinship care activity means an activity conducted as a kinship carer\nunder the Children and Young People Act 2008, part 15.4\n(Out-of-home carers).\nNote An activity conducted, or a service provided, by a kinship carer under the\nChildren and Young People Act 2008 is a regulated activity (see sch 1,\ns 1.1 (2)).\n\n","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"When is a person required to be registered?","content":"12 When is a person required to be registered?\n(1) A person is required to be registered—\n(a) to engage in a regulated activity; or\n(b) if the person is one of the key personnel of a registered NDIS\nprovider that is providing an NDIS activity.\n(2) However, a person is not required to be registered to engage in a\nregulated activity if the person is—\n(a) under 16 years old; or\n(b) engaged in the activity for not more than—\n(i) 3 days in any 4-week period; and\n(ii) 7 days in any 12-month period; or\n(c) registered under a corresponding law and—\n(i) the activity is substantially similar to a regulated activity\nthe person is allowed to engage in under the corresponding\nlaw; and\n(ii) the person is engaged in the activity for not more than\n28 days in any 12-month period; or\nNote Corresponding law—see the dictionary.\n(d) a close relative of each vulnerable person taking part in the\nactivity with whom the person has contact; or\n(e) engaged in the activity as a volunteer and—\n(i) is a close relative of a vulnerable person taking part, or who\nnormally takes part, in the activity; and\n\n(ii) a close relative of each vulnerable person taking part in the\nactivity is engaged, or expected to be engaged, in the\nactivity; or\n1 playgroup\n2 a club sporting event for children at which a parent of each child is\nexpected to be present\n3 a pottery class for children in which a parent of each child also takes\npart\n(f) engaged in the activity in the same capacity as a vulnerable\nperson; or\n1 players in a sporting team\n2 work colleagues\n(g) engaged in the activity as a school student on a work experience\nplacement or doing practical training; or\n(h) an employer or supervisor of a vulnerable person, unless the\nvulnerable person is engaged in a regulated activity; or\n1 A person supervising a school student on a work experience placement\nat a childcare centre is required to be registered.\n2 A person supervising a school student on a work experience placement\nat an accounting firm is not required to be registered.\n(i) engaged in the activity as—\n(i) a police officer, including a police officer (however\ndescribed) of another jurisdiction; or\n(ii) an AFP appointee within the meaning of the Australian\nFederal Police Act 1979 (Cwlth); or\n(iii) a health practitioner; or\n(iv) a lawyer; or\n\n(v) a staff member of, or volunteer for, a registered provider\nunder the Aged Care Act 2024 (Cwlth); or\n(vi) a financial services licensee under the Corporations Act; or\n(j) engaged in the activity for a court or tribunal as an interpreter\nfor a vulnerable person who cannot communicate, or who has\ndifficulty communicating, in English; or\n(k) engaged in the activity for a Commonwealth or Territory\ngovernment agency and the only contact the person has with a\nvulnerable person is providing a service to the vulnerable person\nat a public counter or shopfront, or by telephone; or\nan administrative worker employed by Centrelink or Medicare\n(l) engaged in the activity and the only contact the person has with\na vulnerable person is providing information to, or receiving\ninformation from, the vulnerable person by telephone; or\nan employee or volunteer working on a helpline or at a call centre\n(m) engaged in the activity and the only contact the person has with\na vulnerable person is working with a record of the vulnerable\nperson; or\n(n) engaged in the activity for a declared state of emergency; or\nNote A state of emergency may be declared under the Emergencies\nAct 2004, s 156.\n\n(o) engaged in the activity for a Territory or national event and the\ncommissioner declares that the person is not required to be\nregistered for the activity; or\nExamples—Territory or national event\n1 Paralympics\n2 World Youth Day\nNote Commissioner means the commissioner for fair trading (see the\ndictionary).\n(p) not required to be registered under section 16 (3); or\n(q) a person prescribed by regulation.\n(3) Subsection (2) (b) does not apply to a person if the activity engaged\nin is—\n(a) an overnight camp for children; or\n(b) an NDIS activity that involves contact with a vulnerable person.\n(4) A declaration is a disallowable instrument.\n(5) In this section:\nclose relative, of a vulnerable person, means the vulnerable\nperson’s—\n(a) domestic partner; or\nNote Domestic partner—see the Legislation Act, s 169.\n(b) father, mother, grandfather, grandmother, stepfather,\nstepmother, father-in-law or mother-in-law; or\n(c) son, daughter, grandson, granddaughter, stepson, stepdaughter,\nson-in-law or daughter-in-law; or\n(d) brother, sister, half-brother, half-sister, stepbrother, stepsister,\nbrother-in-law or sister-in-law; or\n\n(e) uncle, aunt, uncle-in-law or aunt-in-law; or\n(f) nephew, niece or cousin.\nday includes part of a day.\nkey personnel, of a registered NDIS provider—see the NDIS Act,\nsection 11A.\nschool means a high school or secondary college.\n","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Offences—person engage in regulated activity for which","content":"13 Offences—person engage in regulated activity for which\nperson not registered\n(1) A person commits an offence if the person—\n(a) engages in a regulated activity; and\n(b) is required to be registered to engage in the activity; and\n(c) does not have a registration allowing the person to engage in the\nNote 1 A person with conditional registration might not be allowed to engage in\nall regulated activities (see s 42 and s 54A).\nNote 2 A person whose registration is suspended does not have a registration\nallowing the person to engage in a regulated activity (see s 59 (5)).\nNote 3 The employer for the regulated activity also commits an offence\n(see s 14).\n(3) A person commits an offence if the person—\n(a) engages in a regulated activity; and\n(b) is required to be registered to engage in the activity; and\n\n(c) does not have a registration allowing the person to engage in the\n(d) knows, or is reckless about whether, the person—\n(i) is engaging in a regulated activity; and\n(ii) is required to be registered to engage in the activity.\n(4) Strict liability applies to subsection (3) (c).\n(5) This section does not apply to a person if—\n(a) the person is not registered; but\n(b) the person engages in a regulated activity under section 15 or\nsection 16.\nNote 1 An unregistered person who has applied for registration may engage in a\nregulated activity for which the person is required to be registered in\ncertain circumstances (see s 15 and s 16).\nNote 2 The defendant has an evidential burden in relation to the matters\nmentioned in s (5) (see Criminal Code, s 58).\n","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Offences—employer engage person in regulated activity","content":"14 Offences—employer engage person in regulated activity\nfor which person not registered\n(1) An employer commits an offence if—\n(a) the employer engages a person in a regulated activity; and\n(b) the person is required to be registered to engage in the activity;\nand\n\n(c) the person does not have a registration allowing the person to\nengage in the activity.\nNote 1 A person with conditional registration might not be allowed to engage in\nall regulated activities (see s 42 and s 54A).\nNote 2 A person whose registration is suspended does not have a registration\nallowing the person to engage in a regulated activity (see s 59 (5)).\n(3) An employer commits an offence if—\n(a) the employer engages a person in a regulated activity; and\n(b) the person is required to be registered to engage in the activity;\nand\n(c) the person does not have a registration allowing the person to\nengage in the activity; and\n(d) the employer knows, or is reckless about whether—\n(i) the employer is engaging the person in a regulated activity;\nand\n(ii) the person is required to be registered to engage in the\n(4) Strict liability applies to subsection (3) (c).\n\n(5) This section does not apply to an employer if an unregistered person\nengages in a regulated activity for the employer under section 15 or\nsection 16.\nNote 1 An unregistered person who has applied for registration may engage in a\nregulated activity for which the person is required to be registered in\ncertain circumstances (see s 15 and s 16).\nNote 2 The defendant has an evidential burden in relation to the matters\nmentioned in s (5) (see Criminal Code, s 58).\n","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"When unregistered person may be engaged in regulated","content":"15 When unregistered person may be engaged in regulated\nactivity—supervised employment\n(1) This section applies to an unregistered person if—\n(a) the person has applied for registration under section 17; and\n(i) imposed an interim bar on the person under section 15A;\nor\n(ii) registered the person under section 41; or\n(iii) given the person a negative notice under section 40; and\n(c) the person has not withdrawn the application.\n(2) The person may engage in a regulated activity for which the person\nis required to be registered if—\n(a) the person is eligible; and\n(b) the person included a named employer for the activity on the\nperson’s application for registration; and\nNote Named employer—see s 18 (1) (d) (i).\n(c) the named employer has agreed to engage the person in the\n\n(d) a registered person is present at all times while the unregistered\nperson is engaged in the activity; and\n(e) for an NDIS activity—\n(i) the person is registered under a corresponding law; or\n(ii) if the person is not registered under a corresponding law—\n(A) the employer has put in place strategies to manage\nany potential risk of harm to a vulnerable person; and\n(B) the registered person mentioned in paragraph (d) is\nregistered to engage in an NDIS activity.\nNote An unregistered person who is engaging in a regulated activity under this\nsection commits an offence under s 13 if the person continues to engage\nin the activity after—\n(a) the person’s application for registration is withdrawn (see s 20); or\n(b) the person is given a negative notice (see s 40).\n(3) To remove any doubt, nothing in this section prevents an employer\nrefusing to engage an unregistered person in a regulated activity.\neligible—a person is eligible if—\n(a) the person has not previously been given a negative notice under\nthis Act or a corresponding law; and\n(b) the person has not had a previous registration suspended or\ncancelled; and\n(c) the person’s most recent registration (if any) was not\nconditional.\n\n","sortOrder":19},{"sectionNumber":"15A","sectionType":"section","heading":"Interim bar—supervised employment","content":"15A Interim bar—supervised employment\n(1) Despite section 15, the commissioner may impose an interim bar on\nan unregistered person, stopping the person from engaging in either\nof the following activities, if the commissioner reasonably believes\nthat the person poses an unacceptable risk of harm to a vulnerable\nperson:\n(a) a regulated activity involving children;\nNote A decision under s (1) is a reviewable decision (see s 61).\n(2) The commissioner must tell the person, in writing, about the person’s\ninterim bar.\n(3) The interim bar takes effect on the day after the day the commissioner\ntells the person, in writing, about the interim bar, and continues until\nthe earlier of—\n(a) the day the commissioner notifies the person, in writing, that the\nbar is removed; or\n(b) the day the person’s application for registration is decided.\n(4) A person may apply to the commissioner to remove an interim bar\nthat has been in effect for at least 6 months.\n(5) The commissioner must, on application—\n(a) remove the person’s interim bar; or\n(b) refuse to remove the person’s interim bar.\nNote A decision under s (5) (b) is a reviewable decision (see s 61).\n(6) The commissioner must not refuse to remove a person’s interim bar\nunless the commissioner reasonably believes the person poses an\nunacceptable risk of harm to a vulnerable person.\n\n","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"When unregistered person may be engaged in regulated","content":"16 When unregistered person may be engaged in regulated\nactivity—kinship carer or foster carer\n(1) This section applies to an unregistered person if the person is engaged\nin a regulated activity mentioned in schedule 1, section 1.1 (Child\nprotection services) as—\n(a) a kinship carer; or\n(b) a foster carer.\n(2) The person may engage in the regulated activity if—\n(a) the person has applied for registration under section 17; and\n(b) the commissioner has not given the person a negative notice\nunder section 40; and\n(c) the person has not withdrawn the application; and\n(d) the person is eligible.\n(3) The person is not required to be registered to engage in the activity if\nthe person is an approved carer under the Children and Young People\nAct 2008, section 514B (3) (c).\nNote Under the Children and Young People Act 2008, section 514B (3) (c), the\ndirector-general may approve an unregistered person as an approved\ncarer for a child or young person if—\n(a) the person is to be authorised to be a kinship carer or foster carer;\nand\n(b) the director-general is satisfied that the person is a significant\nperson for the child or young person, has a familiar relationship\nwith the child or young person and does not pose an unacceptable\nrisk to the child or young person, and that the approval is in the\nbest interests of the child or young person.\n\neligible—see section 15 (4).\nfoster carer—see the Children and Young People Act 2008,\nsection 518.\n\n","sortOrder":21},{"sectionNumber":"16A","sectionType":"section","heading":"Meaning of application—pt 4","content":"16A Meaning of application—pt 4\nIn this part:\napplication, for registration, includes an application for renewal of\n","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Application for registration","content":"17 Application for registration\n(1) A person may apply to the commissioner for registration under this\nAct, other than registration to engage in a regulated activity for which\nthe person is not eligible to be registered.\n(2) A person who has an adult conviction or finding of guilt for a class A\ndisqualifying offence is not eligible to be registered to engage in—\nNote If the person is registered to engage in another regulated activity, the\nregistration is subject to the condition that the person not engage in a\nregulated activity involving children or an NDIS activity (see s 42A).\n(3) Also, if either of the following apply, a person is not eligible to be\nregistered to engage in a regulated activity involving children:\n(a) the person has received a negative notice (however described)\nfor engaging in a regulated activity involving children under a\ncorresponding law;\n(b) the person has their registration for engaging in a regulated\nactivity involving children cancelled under a corresponding law.\n(4) A registered person may apply to the commissioner, not later than the\nday the person’s registration expires, to renew the person’s\n\n(5) If a person applies to renew their registration, the person’s registration\nremains in force until the application is decided.\n(6) This section is subject to section 22.\n","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Application for registration—contents","content":"18 Application for registration—contents\n(1) An application for registration must include—\n(a) the applicant’s name and any previous name; and\n(b) the applicant’s current home address, and any previous home\naddress in the 5 years before applying; and\n(c) evidence of the applicant’s identity; and\n100 points of identification\n(d) if the applicant engages, or intends to engage, in a regulated\nactivity for a particular employer, or in an NDIS activity—\n(i) the employer (the named employer) for the activity; and\n(ii) the named employer’s address and contact details; and\n(iii) the capacity in which the applicant engages, or intends to\nengage, in the activity for the named employer; and\n(iv) if the named employer is a registered NDIS provider—the\nprovider’s registration number; and\n(e) anything else prescribed by regulation.\n\n(2) The application must be accompanied by—\n(a) a consent by the applicant for the commissioner to—\n(i) check the applicant’s criminal history, non-conviction\ninformation and any other information about the applicant\nthat may be relevant in deciding the application; and\nNote 1 Criminal history, about a person—see s 24.\nNote 2 Non-conviction information, about a person—see s 25.\n(ii) seek information or advice from any entity in relation to\nthe applicant’s—\n(A) application under section 33; or\n(B) registration under section 53; and\n(iii) contact the named employer (if any) in relation to the status\nof the applicant’s application or registration; and\nNote For example, the commissioner must tell a person’s\nemployer if the commissioner refuses to consider the\nperson’s application further (see s 19 (3)), if the person\nwithdraws an application (see s 20 (3) (a)), if the\ncommissioner refuses to register the person\n(see s 40 (2) (b)), if there is a change in an applicant’s\nregistration status as a result of an additional risk assessment\n(see s 54), or if a person’s registration is suspended or\ncancelled (see s 59 (2) (b)) or surrendered (see s 60 (3)).\n(b) a written statement by the applicant stating—\n(i) whether the applicant has been convicted or found guilty\nof a relevant offence outside Australia; and\n(ii) if the applicant has been convicted or found guilty of a\nrelevant offence outside Australia—details of the offence;\nand\n\n(c) a written statement by the applicant about whether an allegation\nhas been made, or an investigation has commenced, in relation\nto a regulated activity engaged in by the applicant, and if so, the\ndetails of the allegation or investigation; and\nExamples—allegation or investigation\n1 a complaint or investigation about noncompliance of an approved care\nand protection organisation under the Children and Young People\nAct 2008, div 10.4.3 involving conduct by the applicant\n2 an allegation or investigation of misconduct within a regulated activity\n(d) anything else prescribed by regulation.\n(3) The commissioner must tell the applicant in writing about the\nfollowing:\n(a) the rights and obligations of the applicant under this Act;\n(b) information the applicant may supply to support the application;\n(c) the risk assessment guidelines mentioned in division 5.2 and\nwhere to find a copy.\nNote The commissioner may tell the applicant about the matters in s (3) in any\nway the commissioner considers appropriate, including on a form or in\nguidelines made for this Act.\n\n","sortOrder":24},{"sectionNumber":"18A","sectionType":"section","heading":"Application for registration for NDIS activity—additional","content":"18A Application for registration for NDIS activity—additional\ncontents\n(1) An application for registration to engage in an NDIS activity must\nalso be accompanied by—\n(a) consent by the applicant for the commissioner to—\n(i) give information about the status of the applicant’s\napplication to the NDIS quality and safeguards\ncommission, a registered NDIS provider or an entity\nadministering a corresponding law; and\n(ii) give information about the applicant to the NDIS quality\nand safeguards commission or a law enforcement agency,\nif the commissioner is satisfied on reasonable grounds that\nthe information is relevant to preventing harm or a risk of\nharm to a vulnerable person; and\n(iii) if the commissioner decides to register the applicant—\nrequest information or advice from any entity the\ncommissioner considers may be able to give information\nor advice that is relevant to whether a registered person\ncontinues to pose no risk or an acceptable risk of harm to a\nvulnerable person; and\n(b) a written statement by the applicant about whether the\napplicant—\n(i) has previously been given a negative notice (however\ndescribed) under this Act or a corresponding law; and\n(ii) has had a relevant civil penalty imposed upon them; and\n(iii) has either of the following made against them:\n(A) a family violence order under the Family Violence\nAct 2016 or a law of another jurisdiction that\nsubstantially corresponds to that Act;\n\n(B) a protection order under the Personal Violence\nAct 2016 or a law of another jurisdiction that\nsubstantially corresponds to that Act; and\n(iv) has parental responsibility for a child or young person for\nwhom any care and protection order under the Children\nand Young People Act 2008, or a law of another\njurisdiction that substantially corresponds to that Act, is or\nhas been in place; and\n(c) anything else prescribed by regulation.\nlaw enforcement agency means each of the following:\n(a) the Australian Federal Police;\n(b) the police service or force of a State, another Territory or a\nforeign country;\n(c) the Australian Criminal Intelligence Commission;\n(d) an entity prescribed by regulation.\nrelevant civil penalty means a civil penalty prescribed by regulation.\n\n","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Application for registration—additional information","content":"19 Application for registration—additional information\n(1) The commissioner may, in writing, require an applicant to give the\ncommissioner additional information in writing or documents that the\ncommissioner reasonably needs to decide the application.\n(2) If the applicant does not comply with a requirement under subsection\n(1), the commissioner may refuse to consider the application further.\n(3) If the commissioner refuses to consider the application further, the\ncommissioner must tell the following of the refusal:\n(a) the applicant;\n(b) the named employer (if any).\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Application for registration—withdrawal","content":"20 Application for registration—withdrawal\n(1) An applicant may withdraw an application at any time by written\nnotice to the commissioner.\n(2) However, an applicant must not withdraw an application if the\ncommissioner has imposed an interim bar on the person under\nsection 15A.\n(3) If an application is withdrawn the commissioner—\n(a) must tell the named employer (if any) that the application has\nbeen withdrawn; and\n(b) need take no further action on the application.\nNote If an unregistered person engaging in a regulated activity under s 15\nwithdraws the person’s application for registration, the person commits\nan offence under s 13 if the person continues to engage in the activity.\n\n","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Offences—applicant fail to disclose charge, conviction or","content":"21 Offences—applicant fail to disclose charge, conviction or\nfinding of guilt for relevant offence\n(c) the person is charged with a relevant offence; and\n(d) the person does not tell the commissioner about the charge in\nwriting within 10 working days after the day the person is\ncharged.\n(2) A person commits an offence if—\n(c) the person is convicted or found guilty of a relevant offence; and\n(d) the person does not tell the commissioner about the conviction\nor finding of guilt in writing within 10 working days after the\nday the person is convicted or found guilty.\n(3) An offence against this section is a strict liability offence.\n\n","sortOrder":28},{"sectionNumber":"21A","sectionType":"section","heading":"Offence—applicant fail to disclose change in relevant","content":"21A Offence—applicant fail to disclose change in relevant\ninformation\n(c) there has been a change in relevant information about the person\nsince the person applied for registration; and\n(d) the person does not tell the commissioner about the change in\nrelevant information, in writing, within 10 working days after\nthe day the information changes.\nrelevant information, about a person, means information about—\n(a) an allegation or investigation mentioned in section 18 (2) (c); or\n(b) for a person who has applied for registration to engage in an\nNDIS activity—a matter mentioned in section 18A (1) (b).\n","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Restriction on reapplying for registration","content":"22 Restriction on reapplying for registration\n(1) This section applies to a person if—\n(a) the person is given a negative notice; or\nNote Negative notice—see s 40 (2).\n(b) the person’s registration is cancelled.\n\n(2) The person may apply for registration under section 17 only if—\n(a) it is at least 5 years after the day—\n(i) the person was given the negative notice; or\n(ii) the cancellation took effect; or\nNote For when a cancellation takes effect, see s 59 (4).\n(b) there has been a change in relevant information about the person\nsince—\n(i) the person was given the negative notice; or\n(ii) the cancellation took effect\n1 a person has been acquitted of a previously pending charge for a relevant\n2 a person’s conviction for a relevant offence has been quashed\n(3) However, subsection (2) (a) does not apply to a person if—\n(a) the negative notice was given or registration cancelled because\nthe person was not eligible, or stopped being eligible, to be\nregistered under section 17 (2); and\n(b) the person is applying for registration to engage in a regulated\nactivity involving children or an NDIS activity.\n1 the person’s conviction for the class A disqualifying offence is quashed\n2 the person becomes a kinship carer for a child\nNote A negative notice must be given under s 40 (1) (a) if the person is not\neligible to be registered. Registration is automatically cancelled under\ns 56A if the person is not eligible to be registered.\n(4) The risk assessment guidelines may provide for what constitutes a\nchange in relevant information about the person.\n\n(5) In this section:\ncancellation, of registration, includes a cancellation (however\ndescribed) of registration under a corresponding law.\nnegative notice includes a negative notice (however described) under\na corresponding law.\n","sortOrder":30},{"sectionNumber":"22A","sectionType":"section","heading":"Exemption from s 17 (3)—corresponding law inconsistent","content":"22A Exemption from s 17 (3)—corresponding law inconsistent\nwith territory law\n(1) The commissioner may, on written application by a person (the\napplicant), grant the applicant an exemption from the operation of\nsection 17 (3) if the commissioner is satisfied on reasonable grounds\nthat—\n(a) the applicant was given a negative notice (however described),\nor the applicant’s registration was cancelled, under a\ncorresponding law in relation to engaging in a regulated activity\ninvolving children because the applicant has an adult conviction\nor finding of guilt for an offence; and\n(b) the offence is a non-corresponding offence; and\n(c) the applicant has demonstrated that because of the operation of\nsection 17 (3) the negative notice or cancellation results in an\nadverse effect on the applicant in the ACT, to an extent that is\nan unreasonable limitation on the applicant’s rights under the\nHuman Rights Act 2004.\n(2) The application must—\n(a) be in writing; and\n(b) include any information prescribed by regulation; and\n(c) comply with any requirements prescribed by regulation.\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n\n(3) The commissioner may—\n(a) by written notice, require an applicant to give the commissioner\ninformation that the commissioner reasonably needs to decide\nthe application, within a stated time, at a stated place; and\n(b) if the applicant does not comply with a requirement in the\nnotice—refuse to consider the application further.\nnon-corresponding offence means an offence mentioned in a\ncorresponding law—\n(a) for which a conviction or finding of guilt would, under the\ncorresponding law, result in the convicted person not being\neligible, or stopping being eligible, to be registered to engage in\na regulated activity involving children; and\n(b) that does not substantially correspond to a class A disqualifying\noffence.\n\nImportant concepts Division 5.1\n","sortOrder":31},{"sectionNumber":"Div 5","sectionType":"division","heading":"1 Important concepts","content":"Division 5.1 Important concepts\n","sortOrder":32},{"sectionNumber":"23","sectionType":"section","heading":"Meaning of risk assessment","content":"23 Meaning of risk assessment\nrisk assessment, for a person, means an assessment by the\ncommissioner of whether the person poses an unacceptable risk of\nharm to a vulnerable person.\nExamples—harm\n1 sexual\n2 physical\n3 emotional\n4 financial\n(2) It does not matter whether the risk of harm arises from neglect, abuse\nor other conduct by the person.\n","sortOrder":33},{"sectionNumber":"24","sectionType":"section","heading":"Meaning of criminal history","content":"24 Meaning of criminal history\ncriminal history, about a person, means any conviction of, or finding\nof guilt against, the person for a relevant offence.\nNote A conviction does not include a spent conviction or an extinguished\nconviction (see Spent Convictions Act 2000, s 16 (c) (i) and\ns 19H (1) (c) (i)).\n","sortOrder":34},{"sectionNumber":"25","sectionType":"section","heading":"Meaning of non-conviction information","content":"25 Meaning of non-conviction information\nnon-conviction information, about a person, means any of the\nfollowing information:\n(a) the person has an outstanding charge for a relevant offence;\n\n(b) the person has been charged with a relevant offence but the\ncharge has lapsed, been withdrawn or discharged, or struck out;\n(c) the person has been acquitted of an alleged relevant offence;\n(d) the person has had a conviction for an alleged relevant offence\nquashed or set aside;\n(e) the person has been served with an infringement notice for an\nalleged relevant offence;\n(f) the person has a spent conviction for a relevant offence.\nNote The Spent Convictions Act 2000 sets out which convictions can be\nspent (see that Act, s 11) and when a conviction is spent (see that\nAct, s 12).\n","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Risk assessment guidelines","content":"27 Risk assessment guidelines\n(1) The commissioner must make guidelines (risk assessment\nguidelines) about how risk assessments are to be conducted under this\nAct.\n(2) A guideline may apply, adopt or incorporate an instrument, as in force\nfrom time to time.\nNote 1 The text of an applied, adopted or incorporated instrument, whether\napplied as in force from time to time or as at a particular time, is taken to\nbe a notifiable instrument if the operation of the Legislation Act, s 47 (5)\nor (6) is not disapplied (see s 47 (7)).\nNote 2 A reference to an instrument includes a reference to a provision of an\ninstrument (see Legislation Act, s 14 (2)).\n(3) A risk assessment guideline is a disallowable instrument.\n\nRisk assessment guidelines Division 5.2\n","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Risk assessment guidelines—content","content":"28 Risk assessment guidelines—content\n(1) The risk assessment guidelines must provide for—\n(a) matters the commissioner must or may take into account in\nconducting a risk assessment; and\n(b) how those matters must or may be taken into account.\n(2) The risk assessment guidelines must provide for the following to be\ntaken into account in conducting a risk assessment for a person in\nrelation to a regulated activity:\n(a) the person’s criminal history;\nNote The risk assessment guidelines must provide for certain matters in\nrelation to relevant offences in the person’s criminal history\n(see s 29).\n(b) non-conviction information about the person;\nNote The risk assessment guidelines must provide for certain matters in\nrelation to relevant offences, and alleged relevant offences, in the\nperson’s non-conviction information (see s 30).\n(c) whether the person was previously given a negative notice under\nthis Act or a corresponding law;\n(d) whether the person was previously registered under this Act or\na corresponding law (including whether the registration was\nsuspended or cancelled);\n\n(e) any other information the commissioner believes on reasonable\ngrounds is or may be relevant in deciding whether, in engaging\nin the activity, the applicant poses a risk of harm to a vulnerable\nExamples—par (e)\n1 an order made against the person made under the Family Violence\nAct 2016 or Personal Violence Act 2016\n2 a care and protection order under the Children and Young People\nAct 2008 for a child for whom the person has or had parental\nresponsibility under that Act\n3 a professional disciplinary proceeding against the person\nNote The risk assessment guidelines must provide for certain matters to\nbe taken into account in relation to other information—see s 31.\n(3) The risk assessment guidelines must provide that—\n(a) the applicant may make submissions to the commissioner in\nrelation to any matter the commissioner must or may take into\naccount in conducting a risk assessment; and\n(b) the commissioner must not take into account any information\nabout an applicant unless satisfied on reasonable grounds that\nthe information is accurate.\n","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Risk assessment guidelines—criminal history","content":"29 Risk assessment guidelines—criminal history\n(1) The risk assessment guidelines must provide for the following to be\ntaken into account in relation to any relevant offence included in a\nperson’s criminal history:\n(a) the nature, gravity and circumstances of the offence;\n(b) the relevance of the offence;\n(c) how long ago the offence was committed;\n(d) the age of the person and the victim at the time of the offence;\n\nRisk assessment guidelines Division 5.2\n(e) whether the person’s circumstances have changed since the\noffence was committed;\n(f) the person’s attitude to the offence;\n(g) if the person has undergone a program of treatment or\nintervention for the offence—any assessment of the person\nfollowing the program;\n(h) if the offence was committed outside Australia—whether the\noffence is an offence in Australia;\n(i) whether the person has committed any other relevant offence;\n(j) any submission made by the person to the commissioner in\nrelation to the matters mentioned in paragraphs (a) to (i).\n(2) In addition, the risk assessment guidelines must provide for whether\nthe person has exceptional circumstances that justify the person being\nregistered if—\n(a) the person’s criminal history includes an adult conviction or\nfinding of guilt for a class B disqualifying offence; and\n(b) the person applies for registration to engage in—\n(ii) an NDIS activity.\nNote A person with an adult conviction or finding of guilt for a class A\ndisqualifying offence is not eligible to be registered to engage in a\nregulated activity involving children or an NDIS activity (see s 17 (2)).\n","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Risk assessment guidelines—non-conviction information","content":"30 Risk assessment guidelines—non-conviction information\n(1) The risk assessment guidelines must provide for the following to be\ntaken into account in relation to any relevant offence, or any alleged\nrelevant offence, included in a person’s non-conviction information:\n(a) the nature, gravity and circumstances of the offence or alleged\noffence;\n\n(b) the relevance of the offence or alleged offence;\n(c) how long ago the offence or alleged offence was committed;\n(d) the age of the person and the victim at the time of the offence or\nalleged offence;\n(e) the truthfulness, completeness and reliability of any information\nor evidence provided by the person who made the allegation or\nprovided the initial information;\n(f) the nature, extent and outcome of any investigation into the\noffence or alleged offence;\n(g) any formal statement made by the person to a police officer,\nincluding any answer given in a recorded interview, in relation\nto the offence or alleged offence;\n(h) any evidence given by the person in a court proceeding for the\noffence or alleged offence;\n(i) whether this was the person’s first offence or alleged offence;\n(j) any submission made by the person to the commissioner in\nrelation to the matters mentioned in paragraphs (a) to (i).\n(2) In addition, the risk assessment guidelines must provide for whether\nthe person has exceptional circumstances that justify the person being\nregistered if—\n(a) the person’s non-conviction information includes an\noutstanding charge for a disqualifying offence committed when\nthe person was an adult; and\n(b) the person applies for registration to engage in—\n(ii) an NDIS activity.\n\n","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Risk assessment guidelines—other information","content":"31 Risk assessment guidelines—other information\nThe risk assessment guidelines must provide for the following to be\ntaken into account in relation to any other information the\ncommissioner believes on reasonable grounds is or may be relevant\nin deciding whether, in engaging in a regulated activity, the applicant\nposes a risk of harm to a vulnerable person:\n(a) how the information was obtained;\n1 tip off from a member of the public\n2 a media report\n(b) the relevance of the information;\n(c) the truthfulness, completeness and reliability of the information;\n(d) any submission made by the person to the commissioner in\nrelation to the matters mentioned in paragraphs (a) to (c).\n","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Risk assessments","content":"32 Risk assessments\n(1) On application by a person for registration, the commissioner must\nconduct a risk assessment for the person.\nNote The commissioner need not conduct a risk assessment if the application\nhas been withdrawn (see s 20 (3) (b)).\n(2) The risk assessment must be conducted in accordance with the risk\nassessment guidelines.\n(3) However, the commissioner need not take any further action on the\nrisk assessment if the person—\n(a) applies for registration to engage in—\n(ii) an NDIS activity; and\n\n(b) the commissioner becomes aware the person is not eligible, or\nstops being eligible, to be registered to engage in the activity\nunder—\n(i) for an application for registration to engage in either\nactivity—section 17 (2); or\n(ii) for an application for registration to engage in a regulated\nactivity involving children—section 17 (3).\nNote 1 Under s 17 (2), a person is not eligible to be registered to engage\nNote 2 Under s 17 (3), a person is not eligible to be registered to engage\n","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Commissioner may request information from an entity to","content":"33 Commissioner may request information from an entity to\nconduct risk assessments\n(1) The commissioner may, in writing, request information or advice\nfrom any entity the commissioner considers may be able to give\ninformation or advice that will assist the commissioner in conducting\na risk assessment for a person.\nExamples—entity\n1 the chief police officer\n2 an administrative unit\n3 an employer for a regulated activity\n(2) An entity that receives a request from the commissioner must, as far\nas practicable, comply with the request.\n\n(3) An entity that gives the commissioner information or advice in\nresponse to a request under this section does not contravene any duty\nof confidentiality the entity has under a territory law or agreement,\ndespite anything to the contrary in the law or agreement.\n(4) An entity commits an offence if—\n(a) the commissioner makes a request under subsection (1); and\n(b) the entity fails to comply with the request.\n(5) Subsection (4) does not apply if the entity has a reasonable excuse for\nfailing to comply with the request.\n(6) An offence against this section is a strict liability offence.\n(7) In this section:\ninformation does not include information that, under the Children\nand Young People Act 2008, section 857, must not be given to a\n","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Independent advisors—appointment","content":"34 Independent advisors—appointment\n(1) The commissioner must appoint 7 or more people as independent\nadvisors the commissioner may ask for advice about—\n(a) whether to give a person a role-based registration; or\n(b) any other aspect of a risk assessment for a person.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n\n(2) The people appointed—\n(a) must include the following:\n(i) at least 1 Aboriginal or Torres Strait Islander person;\n(ii) at least 1 person with experience or expertise in relation to\nrefugees and migrants;\n(iii) at least 1 person who is a psychologist with experience or\nexpertise in forensic or clinical psychology;\n(iv) at least 1 person with experience or expertise in relation to\nchildren and young people;\n(v) at least 1 person with experience or expertise in relation to\npeople with a disability;\n(vi) at least 1 person with experience or expertise in relation to\npeople with mental illness;\n(vii) at least 1 person with experience or expertise in relation to\npeople with drug or alcohol dependency; and\n(b) may include 1 or more people with experience or expertise in\nany other field the commissioner considers relevant to a matter\nmentioned in subsection (1) (a) or (b).\n(3) An appointment as an independent advisor must be for not longer than\n5 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 (1) (c)).\n(4) An appointment is a notifiable instrument.\n(5) The conditions of an independent advisor’s appointment are the\nconditions agreed between the commissioner and the person, subject\nto any determination under the Remuneration Tribunal Act 1995.\n\n","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Independent advisors—advice","content":"35 Independent advisors—advice\n(1) This section applies if the commissioner wishes to ask an independent\nadvisor for advice about a matter mentioned in section 34 (1) (a) or\n(b).\n(2) The commissioner may ask 1 or more independent advisors for the\nadvice.\n(3) The request for advice must be made, and the advice must be given,\nin accordance with the risk assessment guidelines.\n","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Independent advisors—ending appointment","content":"36 Independent advisors—ending appointment\nThe commissioner may end a person’s appointment as an independent\nadvisor—\n(a) if the person does not provide advice within a reasonable time\nwhen asked by the commissioner; or\n(b) for misbehaviour; or\n(c) for physical and mental incapacity, if the incapacity\nsubstantially affects the exercise of the person’s ability to give\nadvice to the commissioner; or\n(d) if the commissioner becomes aware that the person has at any\ntime been convicted in Australia of an offence punishable by\nimprisonment for 1 year or longer; or\n(e) if the commissioner becomes aware that the person has at any\ntime been convicted outside Australia of an offence that, if it had\nbeen committed in the ACT, would be punishable by\nimprisonment for 1 year or longer.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n\n","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Proposed negative notices","content":"37 Proposed negative notices\n(1) This section applies if—\n(a) the commissioner conducts a risk assessment for a person; and\n(b) the commissioner is satisfied that the person poses an\nunacceptable risk of harm to a vulnerable person (a negative risk\nassessment).\n(2) The commissioner must tell the person in writing (a proposed\nnegative notice) that the commissioner intends to refuse to register\nthe person.\n(3) A proposed negative notice must state—\n(a) the reasons for the negative risk assessment; and\n(b) that, if the person would like the commissioner to reconsider the\ndecision, the person may take the steps mentioned in\nsection 38 (1); and\n(c) that, if the person does not take the steps mentioned in\nsection 38 (1), the commissioner must give the person a\nnegative notice.\n(4) Despite subsection (3) (a), the commissioner must not tell the person\nthe reasons for the negative risk assessment if the information must\nnot be given to the person under this Act or any other law in force in\nthe ACT.\n(5) The commissioner must not, without the person’s consent, tell a\nnamed employer—\n(a) that a proposed negative notice has been given to a person; or\n(b) the reasons for giving the person the notice.\n\nNegative risk assessments Division 5.4\n","sortOrder":46},{"sectionNumber":"38","sectionType":"section","heading":"Reconsideration of negative risk assessments","content":"38 Reconsideration of negative risk assessments\n(1) If the commissioner gives a person a proposed negative notice, the\nperson may—\n(a) within 10 working days after the commissioner gives the person\nthe proposed negative notice, tell the commissioner in writing\nthat the person intends to ask the commissioner to reconsider the\ndecision; and\n(b) within 20 working days after the commissioner gives the person\nthe notice, ask the commissioner in writing to reconsider the\n(2) If the person asks the commissioner to reconsider the decision, the\ncommissioner must, as soon as practicable, conduct a risk assessment\n(a revised risk assessment) for the person.\nNote A revised risk assessment may result in registration (see s 41), which may\nbe conditional (see s 42), or a negative notice (see s 40).\n(3) The person may give the commissioner, and the commissioner must\nconsider in conducting the revised risk assessment, any new or\ncorrected information the person believes is relevant.\n","sortOrder":47},{"sectionNumber":"39","sectionType":"section","heading":"Extensions of period for reconsideration of negative risk","content":"39 Extensions of period for reconsideration of negative risk\nassessment\n(1) On written application by a person, the commissioner may extend the\nperiod mentioned in section 38 (1) (a) or (b).\nNote The commissioner may extend the period even if it has ended (see\nLegislation Act, s 151C).\n\n(2) The commissioner may extend the period only if the commissioner is\nsatisfied on reasonable grounds that it is appropriate to extend the\nperiod given the person’s circumstances.\nExamples—when period may be extended\n1 a person did not receive a proposed negative notice because the person was\nunexpectedly hospitalised\n2 a person needs more than 20 working days to obtain relevant information\nbecause the information is from a foreign country\n(3) The commissioner must tell the person in writing of a decision under\nsubsection (1) and—\n(a) if the commissioner extends the period—state the extended\nperiod; or\n(b) if the commissioner refuses to extend the period—the reasons\nfor the decision.\nNote The commissioner must also give the person a reviewable decision notice\nin relation to a decision to—\n(a) extend the period for a stated period; or\n(b) refuse to extend the period (see s 62).\n","sortOrder":48},{"sectionNumber":"40","sectionType":"section","heading":"Negative notices","content":"40 Negative notices\n(1) The commissioner must refuse to register a person—\n(a) for an application for registration to engage in a regulated\nactivity involving children or an NDIS activity—if the\ncommissioner becomes aware the person is not eligible, or stops\nbeing eligible, under section 17 (2) to be registered to engage in\nthe activity; or\nNote Under s 17 (2), a person is not eligible to be registered to engage\n\nNegative risk assessments Division 5.4\n(b) for an application for registration to engage in a regulated\nactivity involving children—if the commissioner becomes\naware the person is not eligible, or stops being eligible, under\nsection 17 (3) to be registered to engage in the activity; or\nNote Under s 17 (3), a person is not eligible to be registered to engage\n(c) if—\n(i) the commissioner conducts a revised risk assessment for a\nperson; and\n(ii) the commissioner is satisfied that the person poses an\nunacceptable risk of harm to a vulnerable person; or\n(d) if the commissioner gives the person a proposed negative notice\nand—\n(i) the person does not tell the commissioner that the person\nintends to ask the commissioner to reconsider the decision\nunder section 38 (1) (a); or\n(ii) the person—\n(A) tells the commissioner that the person intends to ask\nthe commissioner to reconsider the decision under\nsection 38 (1) (a); but\n(B) does not ask the commissioner to reconsider the\ndecision under section 38 (1) (b).\n\n(2) If the commissioner refuses to register a person, the commissioner\nmust—\n(a) tell the person in writing (a negative notice) that the\ncommissioner refuses to register the person and the reasons for\nthe refusal; and\n(b) tell the named employer (if any) in writing that a negative notice\nhas been given to the person.\n(3) If an unregistered person is engaging in an NDIS activity under\nsection 15 and the person receives a negative notice, the person must\ntell the following about the negative notice:\n(a) the person’s named employer (if any);\n(b) each vulnerable person with whom the person has contact as part\nof engaging in the activity.\nNote If an unregistered person engaging in a regulated activity under s 15 is\ngiven a negative notice, the person commits an offence under s 13 if the\nperson continues to engage in the activity.\n(4) For subsection (2) (b) and subsection (3), the commissioner must not,\nwithout the person’s consent, tell a named employer or vulnerable\nperson the reasons for giving the person the negative notice.\n\n","sortOrder":49},{"sectionNumber":"41","sectionType":"section","heading":"Registration","content":"41 Registration\n(1) This section applies if the commissioner—\n(a) conducts a risk assessment or a revised risk assessment for a\nperson; and\n(b) is satisfied that the person poses no risk or an acceptable risk of\nharm to a vulnerable person (a positive risk assessment).\n(a) register the person; and\n(b) tell the person, in writing—\n(i) of the positive risk assessment; and\n(ii) that the person is registered; and\n(iii) the person’s unique identifying number; and\n(iv) if the registration is conditional under section 42A\n(Conditional registration—class A disqualifying offence or\nnegative status under corresponding law)—\n(A) what the condition is; and\n(B) the reasons for the condition; and\n(v) the day the registration ends; and\n(vi) anything else prescribed by regulation; and\n\n(c) if the registration is conditional under section 42A—tell the\nnamed employer (if any) in writing—\n(i) that the person’s registration is conditional; and\n(ii) what the condition is.\n(3) For subsection (2) (c), the commissioner must not, without the\nperson’s consent, tell the named employer the reasons for the\ncondition.\n(4) Registration must be for not longer than 5 years.\n","sortOrder":50},{"sectionNumber":"42","sectionType":"section","heading":"Conditional registration","content":"42 Conditional registration\nA registration may be subject to conditions.\nExamples—conditions\n1 a registered person must not drive a motor vehicle if a vulnerable person is a\npassenger\n2 a registered person must not have unsupervised contact with a vulnerable\n3 a registered person must not supervise another registered person\n4 a registered person may be engaged by any employer but only in a stated\nregulated activity\n","sortOrder":51},{"sectionNumber":"42A","sectionType":"section","heading":"Conditional registration—class A disqualifying offence or","content":"42A Conditional registration—class A disqualifying offence or\nnegative status under corresponding law\n(1) A registration of a person who has an adult conviction or finding of\nguilt for a class A disqualifying offence is automatically subject to\nthe condition that the person must not engage in—\nNote For a kinship carer, a class A disqualifying offence is taken to be a class B\ndisqualifying offence (see s 11C (2)).\n\n(2) Also, a registration of a person is automatically subject to the\ncondition that the person must not engage in a regulated activity\ninvolving children if the person has—\n(a) received a negative notice (however described) for engaging in\na regulated activity involving children under a corresponding\nlaw; or\n(b) the person’s registration for engaging in a regulated activity\ninvolving children is cancelled under a corresponding law.\nNote Sections 43 to 46 do not apply to a condition under this section.\n","sortOrder":52},{"sectionNumber":"42B","sectionType":"section","heading":"Conditional registration—role-based registration","content":"42B Conditional registration—role-based registration\n(1) The commissioner may register a person (a role-based registration)\nsubject to 1 or both of the following conditions:\n(a) that the person engage only in stated regulated activities;\n(b) that the person engage in regulated activities only for a stated\nemployer.\nExample—role-based registration\na person with a criminal record is registered but may only work as a counsellor in\na particular correctional centre\n(2) Before giving a person a role-based registration, the commissioner\nmay—\n(a) consult, in accordance with the risk assessment guidelines, with\n1 or more independent advisors; and\n(b) consider any relevant advice given.\n(3) A regulation may prescribe information that a person or an employer\nmust give the commissioner before the commissioner may give the\nperson a role-based registration.\n\n","sortOrder":53},{"sectionNumber":"42C","sectionType":"section","heading":"Conditional registration—disqualifying offences","content":"42C Conditional registration—disqualifying offences\n(1) This section applies if the commissioner decides to register a person\nwho has—\n(a) an outstanding charge for a disqualifying offence committed\nwhen the person was an adult; or\n(b) an adult conviction or finding of guilt for a class B disqualifying\noffence.\n(2) Unless the commissioner is satisfied there are exceptional\ncircumstances, the person’s registration is subject to the condition\nthat the person must not engage in—\nNote 1 If the person is acquitted or the charges lapse or are withdrawn or\ndischarged, the person may apply to the commissioner to have the\ncondition removed (see s 47).\nNote 2 If the person has an adult conviction or finding of guilt for a class A\ndisqualifying offence their registration is cancelled (see s 56A).\n","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Proposed conditional registration","content":"43 Proposed conditional registration\n(1) If the commissioner intends to register a person conditionally (other\nthan under section 42A), the commissioner must tell the person in\nwriting (a proposed conditional registration notice).\n(2) A proposed conditional registration notice must state—\n(a) what the condition is and the reasons for proposing to register\nthe person conditionally; and\n(b) that, if the person would like the commissioner to reconsider the\ndecision, the person may take the steps mentioned in\nsection 44 (1); and\n\n(c) that if the person does not take the steps mentioned in\nsection 44 (1), the commissioner must register the person\nconditionally.\n(3) The commissioner must not, without the person’s consent, tell a\nnamed employer—\n(a) that a proposed conditional registration notice has been given to\na person; or\n(b) the reasons for giving the person the proposed conditional\nregistration notice.\n","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Reconsideration of proposed conditional registration","content":"44 Reconsideration of proposed conditional registration\n(1) If the commissioner gives a person a proposed conditional\nregistration notice, the person may—\n(a) within 10 working days after the commissioner gives the person\nthe proposed conditional registration notice, tell the\ncommissioner in writing that the person intends to ask the\ncommissioner to reconsider the decision; and\n(b) within 20 working days after the commissioner gives the person\nthe notice, ask the commissioner in writing to reconsider the\n(2) In making a request under subsection (1) (b), the person must give the\ncommissioner any new or corrected information the person considers\nrelevant.\n(3) If the person asks the commissioner to reconsider the decision, the\ncommissioner must, as soon as practicable—\n(a) if the commissioner is satisfied that the condition is\nunnecessary—register the person unconditionally; or\n\n(b) if the commissioner is satisfied that the condition is necessary—\nregister the person subject to the condition.\nNote The commissioner’s decision to register a person subject to a\ncondition is reviewable (see s 61).\n","sortOrder":56},{"sectionNumber":"45","sectionType":"section","heading":"Extensions of period for reconsideration of proposed","content":"45 Extensions of period for reconsideration of proposed\nconditional registration\n(1) On written application by a person, the commissioner may extend the\nperiod mentioned in section 44 (1) (a) or (b).\nNote The commissioner may extend the period even if it has ended (see\nLegislation Act, s 151C).\n(2) The commissioner may extend the period only if the commissioner is\nsatisfied on reasonable grounds that it is appropriate to extend the\nperiod given the person’s circumstances.\nExamples—when period may be extended\n1 a person did not receive a proposed conditional registration notice because the\nperson was unexpectedly hospitalised\n2 a person needs more than 20 working days to obtain relevant information\nbecause the information is from a foreign country\n(3) The commissioner must tell the person in writing of a decision under\nsubsection (1) and—\n(a) if the commissioner extends the period—state the extended\nperiod; or\n(b) if the commissioner refuses to extend the period—the reasons\nfor the decision.\nNote The commissioner must also give the person a reviewable decision notice\nin relation to a decision to—\n(a) extend the period for a stated period; or\n(b) refuse to extend the period (see s 62).\n\n","sortOrder":57},{"sectionNumber":"46","sectionType":"section","heading":"Notice of conditional registration","content":"46 Notice of conditional registration\n(1) The commissioner must register a person subject to a condition if the\ncommissioner gives the person a proposed conditional registration\nnotice and—\n(a) the person does not tell the commissioner that the person intends\nto ask the commissioner to reconsider the decision under\nsection 44 (1) (a); or\n(b) the person—\n(i) tells the commissioner that the person intends to ask the\ncommissioner to reconsider the decision under\nsection 44 (1) (a); but\n(ii) does not ask the commissioner to reconsider the decision\nunder section 44 (1) (b).\nNote The commissioner must also register a person subject to a condition if the\ncommissioner has reconsidered the decision and is satisfied that the\ncondition is necessary (see s 44 (3) (b)).\n(2) If a registration is subject to a condition, the commissioner must—\n(a) register the person; and\n(b) tell the person, in writing—\n(i) of the positive risk assessment; and\n(ii) that the person is registered subject to a condition\nincluding—\n(A) what the condition is; and\n(B) the reasons for the condition; and\n(iii) the person’s unique identifying number; and\n(iv) the day the registration ends; and\n(v) anything else prescribed by regulation; and\n\n(c) tell the named employer (if any) in writing—\n(i) that the person’s registration is conditional; and\n(ii) what the condition is.\n(3) For subsection (2) (c), the commissioner must not, without the\nperson’s consent, tell the named employer the reasons for the\ncondition.\n","sortOrder":58},{"sectionNumber":"47","sectionType":"section","heading":"Conditional registration—amendment","content":"47 Conditional registration—amendment\n(1) A person with conditional registration may apply to the commissioner\nto amend the person’s registration (including by removing or\namending a condition of the registration) if there has been a change\nin relevant information about the person since the person was\nregistered subject to a condition.\n1 a person has been acquitted of a previously pending charge for a relevant\n2 a person’s conviction for a relevant offence has been quashed\n(2) The risk assessment guidelines may provide for what constitutes a\nchange in relevant information about the person.\n(3) The commissioner may, in writing, require the applicant to give the\ncommissioner the additional information in writing or documents the\ncommissioner reasonably needs to decide the application.\n(4) If the applicant does not comply with a requirement under subsection\n(3), the commissioner may refuse to consider the application further.\n(5) On application by a person to amend a conditional registration, the\ncommissioner must—\n(a) amend the registration; or\n\n(b) refuse to amend the registration.\n(6) The commissioner must—\n(a) tell the applicant in writing of a decision under subsection (5)\nand—\n(i) if the commissioner amends the registration—state the\ndetails of the amendment; and\n(ii) if the commissioner refuses to amend the registration—the\nreasons for the decision; and\nNote The commissioner must also give the applicant a reviewable\ndecision notice in relation to a decision to refuse to amend the\napplicant’s registration (see s 62).\n(b) if the commissioner amends the registration—tell the named\nemployer (if any) in writing—\n(i) that the applicant’s registration has been amended; and\n(ii) the details of the amendment.\n","sortOrder":59},{"sectionNumber":"47A","sectionType":"section","heading":"Restrictions on reapplying for amendment of conditional","content":"47A Restrictions on reapplying for amendment of conditional\n(1) This section applies to a person with conditional registration if—\n(a) the person has applied for an amendment of the person’s\nregistration under section 47; and\n(b) the commissioner has refused to amend the registration.\n(2) The person may apply for an amendment of the person’s conditional\nregistration under section 47 only if it is at least 5 years after the day\nthe commissioner refused to amend the registration.\n\n","sortOrder":60},{"sectionNumber":"48","sectionType":"section","heading":"Offences—registered person contravene condition of","content":"48 Offences—registered person contravene condition of\n(b) the person contravenes a requirement of the condition.\n(3) A person commits an offence if—\n(b) the person contravenes a requirement of the condition; and\n(c) the person knows, or is reckless about whether, the person is\ncontravening the requirement.\n(4) Strict liability applies to subsection (3) (a).\nNote The commissioner may suspend or cancel a person’s registration if the\nperson’s registration is subject to a condition and the person contravenes\na requirement of the condition (see s 57 (1)).\n\n","sortOrder":61},{"sectionNumber":"53","sectionType":"section","heading":"Commissioner may request information from entities","content":"53 Commissioner may request information from entities\nabout registered people\n(1) The commissioner may, in writing, request information or advice\nfrom any entity the commissioner considers may be able to give\ninformation or advice that is relevant to whether a registered person\ncontinues to pose no risk or an acceptable risk of harm to a vulnerable\nan updated criminal history report from the chief police officer\n(2) An entity that receives a request from the commissioner must, as far\nas practicable, comply with the request.\n(3) An entity that gives the commissioner information or advice in\nresponse to a request under this section does not contravene any duty\nof confidentiality the entity has under a territory law or agreement,\ndespite anything to the contrary in the law or agreement.\n(4) An entity commits an offence if—\n(a) the commissioner makes a request under subsection (1); and\n(b) the entity fails to comply with the request.\n(5) Subsection (4) does not apply if the entity has a reasonable excuse for\nfailing to comply with the request.\n(6) An offence against this section is a strict liability offence.\n(7) In this section:\ninformation does not include information that, under the Children\nand Young People Act 2008, section 857, must not be given to a\n\n","sortOrder":62},{"sectionNumber":"54","sectionType":"section","heading":"Additional risk assessments","content":"54 Additional risk assessments\n(1) This section applies if the commissioner believes on reasonable\ngrounds that there is new relevant information about a registered\nExamples—new relevant information\n1 a registered person is suspected of having committed a relevant offence\n2 a registered person has been charged with a relevant offence\n3 a registered person has been convicted or found guilty of a relevant offence\n4 a complaint or investigation is made about noncompliance of an approved care\nand protection organisation under the Children and Young People Act 2008,\ndiv 10.4.3 involving conduct by a registered person\n5 an allegation or investigation of misconduct is made about a registered person\nwithin a regulated activity\n(a) conduct a risk assessment (an additional risk assessment) for\nthe person taking into account the new relevant information; and\n(b) tell the person in writing that the additional risk assessment is\nbeing conducted.\nNote If the commissioner decides to conduct an additional risk assessment for\na person, the commissioner may, while the assessment is conducted,\nmake the person’s registration subject to an interim condition (see s 54A)\nor suspend the person’s registration (see s 57 (2)).\n(3) If the commissioner conducts an additional risk assessment for the\nperson and is satisfied that the person poses no risk or an acceptable\nrisk of harm to a vulnerable person, the commissioner may—\n(a) leave the person’s registration unchanged; or\n(b) add a condition to, or amend a condition of, the person’s\n\n(c) remove a condition from the person’s registration.\nNote 1 Section 43 sets out the commissioner’s obligations if the commissioner\nintends to register a person conditionally.\nNote 2 The commissioner must cancel a person’s registration if the\ncommissioner has conducted an additional risk assessment for the person\nand is satisfied that that the person poses an unacceptable risk of harm to\na vulnerable person (see s 57 (3)).\n(4) The risk assessment guidelines may provide for what constitutes new\nrelevant information about a registered person.\n","sortOrder":63},{"sectionNumber":"54A","sectionType":"section","heading":"Interim conditional registration","content":"54A Interim conditional registration\n(1) If the commissioner decides to conduct an additional risk assessment\nfor a person, the commissioner may make the person’s registration\nsubject to conditions (an interim condition) while the assessment is\nconducted.\nExample—interim condition\na person may engage in a regulated activity only if in the company of a registered\nperson at all times\nNote 1 The commissioner must conduct an additional risk assessment for a\nperson under s 54 if the commissioner believes on reasonable grounds\nthat there is new relevant information about the person.\nNote 2 The commissioner may also suspend a person’s registration while an\nadditional risk assessment is being conducted for a person (see s 57 (2)).\n(2) The commissioner must give a person written notice of an intention\nto make the person’s registration subject to an interim condition.\n(3) A notice of intention to make a person’s registration subject to an\ninterim condition must—\n(a) set out the reason for the interim condition; and\n\n(b) state that the person may, within 10 working days after the day\nthe commissioner gives the person the notice, give reasons why\nthe person considers that the registration should not be made\nsubject to the interim condition.\n(4) The commissioner must make a person’s registration subject to an\ninterim condition if the commissioner—\n(a) has given written notice to the person of an intention to make\nthe person’s registration subject to an interim condition; and\n(b) has considered the reasons (if any) given by the person in\naccordance with the notice; and\n(c) is satisfied that the reason for the interim condition exists.\nNote The commissioner’s decision to make a person’s registration subject to\nan interim condition is reviewable (see s 61).\n(5) The commissioner must—\n(a) tell the person, in writing—\n(i) that the person’s registration is subject to an interim\ncondition; and\n(ii) what the interim condition is; and\n(iii) the reason for the interim condition; and\n(b) tell the person’s employer (if any), in writing—\n(i) that the person’s registration is subject to an interim\ncondition; and\n(ii) what the interim condition is.\n(6) For subsection (5) (b), the commissioner must not, without the\nperson’s consent, tell the person’s employer the reasons for the\ninterim condition.\n\n(7) The interim condition takes effect—\n(a) on the day after the day the commissioner tells the person, in\nwriting, that the person’s registration is subject to an interim\ncondition; or\n(b) if a later date is stated in the notice—on the later date.\n","sortOrder":64},{"sectionNumber":"54B","sectionType":"section","heading":"Offence—registered person contravene interim condition","content":"54B Offence—registered person contravene interim condition\nof registration\n(a) the person’s registration is subject to an interim condition; and\n(b) the person contravenes the condition.\n","sortOrder":65},{"sectionNumber":"55","sectionType":"section","heading":"Offences—registered person fail to disclose charge,","content":"55 Offences—registered person fail to disclose charge,\nconviction or finding of guilt for relevant offence\n(1) A person commits an offence if the person—\n(a) is registered; and\n(b) is charged with a relevant offence; and\n(c) does not tell the commissioner about the charge in writing within\n10 working days after the day the person is charged.\n(2) A person commits an offence if the person—\n(a) is registered; and\n(b) is convicted or found guilty of a relevant offence; and\n\n(c) does not tell the commissioner about the conviction or finding\nof guilt in writing within 10 working days after the day the\nperson is convicted or found guilty.\n(3) An offence against this section is a strict liability offence.\n","sortOrder":66},{"sectionNumber":"55A","sectionType":"section","heading":"Offence—applicant fail to disclose change in relevant","content":"55A Offence—applicant fail to disclose change in relevant\ninformation\n(a) the person is registered; and\n(b) there has been a change in relevant information about the person\nsince the person was registered; and\n(c) the person does not tell the commissioner about the change in\nrelevant information, in writing, within 10 working days after\nthe day the information changes.\nrelevant information, about a person, means information about—\n(a) an allegation or investigation mentioned in section 18 (2) (c); or\n(b) for a person engaged in an NDIS activity—a matter mentioned\nin section 18A (1) (b).\n","sortOrder":67},{"sectionNumber":"56","sectionType":"section","heading":"Offence—fail to notify change of name","content":"56 Offence—fail to notify change of name\n(a) the person is registered; and\n(b) the person’s name changes; and\n\nSuspending or cancelling registration Division 6.4\n(c) the person does not tell the commissioner in writing of the\nchange within 10 working days after the day the change\nhappens.\nMaximum penalty: 10 penalty units.\n","sortOrder":68},{"sectionNumber":"56A","sectionType":"section","heading":"Automatic cancellation—class A disqualifying offence or","content":"56A Automatic cancellation—class A disqualifying offence or\nnegative status under corresponding law\n(1) A person’s registration is automatically cancelled if—\n(a) the person is registered to engage in—\n(ii) an NDIS activity; and\n(b) the person is not eligible, or stops being eligible, under\nsection 17 (2) or (3) to be registered to engage in the activity.\nNote 1 Under s 17 (2), a person is not eligible to be registered to engage\nNote 2 Under s 17 (3), a person is not eligible to be registered to engage\n(2) As soon as the commissioner becomes aware of the person’s\nineligibility, the commissioner must—\n(a) tell the person, in writing, that their registration is cancelled; and\n\n(b) tell the person’s employer, in writing, that the person’s\nregistration is cancelled.\nNote A registered person must tell the commissioner if they are charged with,\nor convicted or found guilty of, a disqualifying offence (see s 55).\n(3) For subsection (2) (b), the commissioner must not, without the\nperson’s consent, tell the person’s employer the ground for\nsuspension or cancellation.\n","sortOrder":69},{"sectionNumber":"57","sectionType":"section","heading":"Grounds for suspension or cancellation of registration","content":"57 Grounds for suspension or cancellation of registration\n(1) The commissioner may suspend or cancel a person’s registration if—\n(b) the person contravenes a requirement of the condition; and\n(c) the commissioner believes on reasonable grounds that\nsuspension or cancellation is necessary for this Act.\nNote A person commits an offence if the person contravenes a requirement of\na condition—see s 48.\n(2) If the commissioner decides to conduct an additional risk assessment\nfor a person, the commissioner may suspend the person’s registration\nwhile the assessment is conducted.\nNote The commissioner must conduct an additional risk assessment for a\nperson under s 54 if the commissioner believes on reasonable grounds\nthat there is new relevant information about the person.\n(3) The commissioner must cancel a person’s registration if the\ncommissioner—\n(a) has conducted an additional risk assessment for the person; and\n(b) is satisfied that the person poses an unacceptable risk of harm to\na vulnerable person.\n\nSuspending or cancelling registration Division 6.4\n","sortOrder":70},{"sectionNumber":"58","sectionType":"section","heading":"Notice of proposed suspension or cancellation of","content":"58 Notice of proposed suspension or cancellation of\n(1) If the commissioner intends to suspend or cancel a person’s\nregistration under section 57, the commissioner must give the person\nwritten notice of the intention.\n(2) A notice of intention to suspend or cancel a person’s registration\nmust—\n(a) set out the ground for suspension or cancellation; and\n(b) state that the person may, within 10 working days after the day\nthe commissioner gives the person the notice, give reasons why\nthe person considers that the registration should not be\nsuspended or cancelled.\n","sortOrder":71},{"sectionNumber":"59","sectionType":"section","heading":"Suspension or cancellation of registration","content":"59 Suspension or cancellation of registration\n(1) The commissioner must suspend or cancel a person’s registration if\nthe commissioner—\n(a) has given written notice to the person of an intention to suspend\nor cancel the registration; and\n(b) has considered any reasons given by the person in accordance\nwith the notice; and\n(c) is satisfied that the ground for suspension or cancellation under\nsection 57 exists.\nNote The commissioner’s decision to suspend or cancel a person’s registration\nis reviewable (see s 61).\n(a) tell the person in writing—\n(i) that the person’s registration is suspended or cancelled; and\n\n(ii) the ground for suspension or cancellation; and\n(iii) about the information mentioned in subsections (6) to (8);\nand\nNote The commissioner must also give the person a reviewable decision\nnotice in relation to the decision to suspend or cancel the person’s\nregistration (see s 62).\n(b) tell the person’s employer (if any) in writing that the person’s\nregistration has been suspended or cancelled.\n(3) For subsection (2) (b), the commissioner must not, without the\nperson’s consent, tell the person’s employer the ground for\nsuspension or cancellation.\n(4) The suspension or cancellation takes effect—\n(a) on the day after the day the commissioner tells the person in\nwriting that the person’s registration is suspended or cancelled;\nor\n(b) if a later date is stated in the notice of suspension or\ncancellation—on the later date.\n(5) To remove any doubt, a person whose registration is suspended does\nnot have a registration allowing the person to engage in a regulated\nNote A person engaging in a regulated activity for which the person is required\nto be registered commits an offence under s 13 if the person’s registration\nis suspended or cancelled and the person continues to engage in the\n(6) A person whose registration is suspended may apply to the\ncommissioner to end the suspension not earlier than 6 months after\nthe day the commissioner tells the person that the person’s\nregistration is suspended.\n(7) The commissioner must, on application—\n(a) end the person’s suspension; or\n\nSurrendering registration Division 6.5\n(b) refuse to end the person’s suspension.\nNote A decision under s (7) (b) is a reviewable decision (see s 61).\n(8) The commissioner must not refuse to end a person’s suspension\nunless the commissioner believes the suspension is necessary for the\nAct.\n","sortOrder":72},{"sectionNumber":"Div 6","sectionType":"division","heading":"5 Surrendering registration","content":"Division 6.5 Surrendering registration\n","sortOrder":73},{"sectionNumber":"60","sectionType":"section","heading":"Surrendering registration","content":"60 Surrendering registration\n(1) A registered person may surrender the person’s registration by giving\nwritten notice of the surrender (a surrender notice) to the\ncommissioner.\n(2) The surrender of the registration takes effect—\n(a) on the day the surrender notice is given to the commissioner; or\n(b) if a later date is stated in the surrender notice—on the later date.\n(3) The commissioner must tell the person’s employer (if any) in writing\nthat the person’s registration has been surrendered.\n\nPart 7 Notification and review of decisions\nPart 7 Notification and review of\ndecisions\n61 Meaning of reviewable decision—pt 7\nIn this part:\nreviewable decision means a decision mentioned in\nschedule 2, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n","sortOrder":74},{"sectionNumber":"62","sectionType":"section","heading":"Reviewable decision notices","content":"62 Reviewable decision notices\nIf the commissioner makes a reviewable decision, the commissioner\nmust give a reviewable decision notice only to each entity mentioned\nin schedule 2, column 4 in relation to the decision.\n","sortOrder":75},{"sectionNumber":"63","sectionType":"section","heading":"Applications for review","content":"63 Applications for review\nAn entity mentioned in schedule 2, column 4 in relation to a\nreviewable decision may apply to the ACAT for review of the\n\nInformation sharing Part 7A\n","sortOrder":76},{"sectionNumber":"63A","sectionType":"section","heading":"Commissioner may give information to particular entities","content":"63A Commissioner may give information to particular entities\n(1) The commissioner may give protected information to any of the\nfollowing if satisfied on reasonable grounds that the information is\nrelevant to preventing harm or risk of harm to a vulnerable person or\nclass of vulnerable people:\n(a) the director-general responsible for the Education Act 2004;\n(b) the director-general responsible for the Education and Care\nServices National Law (ACT);\n(c) the director-general responsible for the Health Act 1993;\n(d) the director-general responsible for the Children and Young\nPeople Act 2008, other than chapter 20 of that Act;\n(e) the ombudsman;\n(f) the chief executive officer of the ACT Teacher Quality Institute;\n(g) the chief police officer or a chief police officer (however\ndescribed) of another jurisdiction;\n(h) the senior practitioner;\n(i) the registrar-general;\n(j) the road transport authority;\n(k) the work health and safety commissioner;\n(l) the NDIS quality and safeguards commissioner;\n(m) an entity administering a corresponding law;\n(n) any other entity prescribed by regulation.\n\nNDIS quality and safeguards commissioner means the\ncommissioner of the NDIS quality and safeguards commission\nestablished under the NDIS Act, section 181C.\nprotected information means information about a person that is given\nto, or obtained by, the commissioner or any other person who has\nexercised a function under this Act, because of the exercise of a\nfunction under this Act by the commissioner or other person.\n1 information obtained by the commissioner in conducting a risk assessment\n2 information given to the commissioner in conducting a risk assessment\nsenior practitioner—see the Senior Practitioner Act 2018,\ndictionary.\n","sortOrder":77},{"sectionNumber":"63B","sectionType":"section","heading":"Particular entities may give information to commissioner","content":"63B Particular entities may give information to commissioner\n(1) An entity may give the commissioner any information (including\npersonal health information, personal information or protected\ninformation) if satisfied on reasonable grounds that the information is\nrelevant to preventing harm, or a risk of harm, to a vulnerable person\nor class of vulnerable people.\n(2) The National Authority may disclose to the commissioner a\nprohibition notice given under the Education and Care Services\nNational Law.\nNote See also the Education and Care Services National Law (ACT), s 271 (6)\n(Disclosure of information to other authorities).\n(3) This section does not limit the information that the entity may give to\nthe commissioner under any other territory law.\n\nInformation sharing Part 7A\nEducation and Care Services National Law means the Education\nand Care Services National Law set out in the Education and Care\nServices National Law Act 2010 (Vic), schedule, as applying in any\nparticipating jurisdiction.\nentity means—\n(a) a director-general; or\n(b) a member of the human rights commission; or\n(c) the chief executive officer of the ACT Teacher Quality Institute;\nor\n(d) the registrar-general; or\n(e) the road transport authority; or\n(f) the work health and safety commissioner.\nmember, of the human rights commission, means a member of the\ncommission under the Human Rights Commission Act 2005,\nsection 12.\nNational Authority—see the Education and Care Services National\nLaw (ACT), section 5 (1).\nNote The Education and Care Services National Law (ACT) Act 2011, s 6\napplies the Education and Care Services National Law set out in the\nEducation and Care Services National Law Act 2010 (Vic), schedule as\nif it were an ACT law called the Education and Care Services National\nLaw (ACT).\npersonal health information—see the Health Records (Privacy and\nAccess) Act 1997, dictionary.\npersonal information—see the Information Privacy Act 2014,\ndictionary.\n\nprotected information—see the Children and Young People\nAct 2008, dictionary.\n","sortOrder":78},{"sectionNumber":"63C","sectionType":"section","heading":"Commissioner may give information to employers","content":"63C Commissioner may give information to employers\n(1) The commissioner may give an employer the following information\nabout a person the employer is associated with:\n(a) the person’s name;\n(b) the status or outcome of the person’s application for registration;\n(c) if the person is registered—\n(i) the unique identifying number for the person; and\n(ii) the date the person’s registration ends; and\n(iii) whether the person’s registration is subject to conditions\nunder section 42 or section 54A;\n(d) anything else prescribed by regulation.\n(2) For subsection (1) (c) (iii), the commissioner—\n(a) need not tell the employer what the person’s condition is; and\n(b) must not, without the person’s consent, tell the employer the\nreason for the condition.\n(3) In this section, an employer is associated with a person if—\n(a) the person is registered or has applied for registration; and\n(b) the employer engages, or intends to engage, the person in a\nregulated activity for which the person is required to be\nregistered.\n\n","sortOrder":79},{"sectionNumber":"64","sectionType":"section","heading":"Protection from liability","content":"64 Protection from liability\n(1) An official is not civilly liable for anything done or omitted to be done\nhonestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this Act.\n(2) Any civil liability that would, apart from subsection (1), attach to an\nofficial attaches instead to the Territory.\nofficial means—\n(a) the commissioner; or\n(b) an independent advisor; or\n(c) a person authorised under this Act by the commissioner to do or\nnot to do a thing.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n","sortOrder":80},{"sectionNumber":"65","sectionType":"section","heading":"Offences—use or divulge protected information","content":"65 Offences—use or divulge protected information\n(1) A person to whom this section applies commits an offence if—\n(a) the person uses information; and\n(b) the information is protected information about someone else;\nand\n\n(c) the person is reckless about whether the information is protected\ninformation about someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(2) A person to whom this section applies commits an offence if—\n(a) the person does something that divulges information; and\n(b) the information is protected information about someone else;\nand\n(c) the person is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndivulged to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(3) Subsections (1) and (2) do not apply if the information is used or\ndivulged—\n(a) under this Act or another territory law; or\n(b) in relation to the exercise of a function, as a person to whom this\nsection applies, under this Act or another territory law; or\n(c) in a court proceeding.\n(4) Subsections (1) and (2) do not apply to the using or divulging of\nprotected information about a person with the person’s consent.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in ss (3) and (4) (see Criminal Code, s 58).\n\n(5) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother law applying in the territory.\n(6) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndivulge includes—\n(a) communicate; or\n(b) publish\nperson to whom this section applies means—\n(a) a person who is or has been—\n(i) the commissioner; or\n(ii) an independent advisor; or\n(b) anyone else who has exercised a function under this Act.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of the exercise of a function under this Act by the person or\nsomeone else.\nExamples—protected information\n1 information obtained by the commissioner in conducting a risk assessment for\na person\n2 information disclosed by the commissioner in seeking information or advice\nfrom an entity about a registered person\nuse information includes make a record of the information.\n\n","sortOrder":81},{"sectionNumber":"66","sectionType":"section","heading":"Evidentiary certificates","content":"66 Evidentiary certificates\n(1) The commissioner may give a signed certificate—\n(a) stating that on a stated date or during a stated period a named\nperson was or was not registered; and\n(b) if the person was registered—including details of the person’s\n(2) A certificate under this section is evidence of the matters stated in it.\n(3) Unless the contrary is proved, a document that purports to be a\ncertificate under this section is taken to be a certificate.\n","sortOrder":82},{"sectionNumber":"67","sectionType":"section","heading":"Disqualification orders","content":"67 Disqualification orders\n(1) If a court finds a person guilty of an offence against this Act, the court\nmay make an order disqualifying the person from applying for\nregistration for a stated period or until a stated thing happens.\noffence against this Act includes an offence against the Criminal\nCode in relation to anything done, or not done, under or in relation to\nthis Act.\n","sortOrder":83},{"sectionNumber":"68","sectionType":"section","heading":"Determination of fees","content":"68 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":84},{"sectionNumber":"71","sectionType":"section","heading":"Regulation-making power","content":"71 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision for—\n(a) the obligations of employers before engaging people in\nregulated activities; and\n\n(b) the obligations of employers in relation to people they engage in\nregulated activities.\n(3) For the definition of corresponding law, paragraph (b), the\nLegislation Act, section 47 (3) and (6) does not apply to a law of\nanother jurisdiction prescribed by regulation.\nNote A law of another jurisdiction prescribed for def, corresponding law,\npar (b), does not need to be notified under the Legislation Act because\ns 47 (6) does not apply (see Legislation Act, s 47 (7)).\n(4) A regulation may create offences and fix maximum penalties of not\nmore than 20 penalty units for the offences.\n\nSection 1.1\n(see s 8)\n1.1 Child protection services\nconducted, or the service is provided, under the Children and Young\nPeople Act 2008 for a child or young person.\n(2) Without limiting subsection (1), a regulated activity includes an\nactivity conducted or a service provided under the Children and\nYoung People Act 2008—\n(a) by—\n(i) a member of the Children and Youth Services Council; or\n(ii) a family group conference facilitator; or\n(iii) a kinship carer; or\n(iv) a foster carer; or\n(v) a residential care service; or\n(vi) a researcher for a research project; or\n(vii) an authorised assessor; or\n(viii) another person administering, or exercising a function\nunder, the Act; or\n\nActivities or services for children Part 1.1\nSection 1.2\n(b) under an intensive therapy order.\nNote See the Children and Young People Act 2008, particularly:\n• pt 2.2 (Children and Youth Services Council);\n• pt 3.2 (Family group conferences—facilitators);\n• s 438 (Care and protection assessment—authorisation of assessors);\n• s 514B (Approved carers—director-general may approve);\n• s 516 (Kinship carer—specific parental authority);\n• s 518 (Foster carer—specific parental authority);\n• s 520 (Residential care service—general parental authority);\n• pt 16.2 (Intensive therapy orders);\n• ch 22 (Research involving children and young people).\nintensive therapy order, for a child or young person—see the\nChildren and Young People Act 2008, section 532.\n1.2 Justice facilities for children\n(1) An activity or service is a regulated activity if—\n(a) any of the usual functions of the activity or service are carried\nout in relation to a child at a justice facility; or\n(b) the activity is conducted, or the service is provided, in relation\nto a child because of a sentence, detention, probation, parole or\nother order, that could be made or imposed by a court.\njustice facility means—\n(a) a detention place; or\n(b) a place outside a detention place if a detainee is, or has been,\ndirected to work or take part in an activity at the place; or\n(c) any other place a child may be held in custody.\n\nSection 1.3\n1.3 Education and care service or childcare service\nconducted, or the service is provided, by—\n(a) an education and care service; or\n(b) a childcare service; or\n(c) another commercial service that provides child care.\nExamples—par (c)\n1 babysitting service\n2 nanny service\n3 a service conducted by a hotel or resort to provide childcare to children\nwho are short term guests\nchildcare service—see the Children and Young People Act 2008,\nsection 732.\nNote Childcare service means—\n(a) a childcare centre; or\n(b) a family day care scheme.\neducation and care service—see the Education and Care Services\nNational Law (ACT), section 5.\nNote The Education and Care Services National Law (ACT) Act 2011, s 6\napplies the Education and Care Services National Law set out in the\nEducation and Care Services National Law Act 2010 (Vic), schedule as\nif it were an ACT law called the Education and Care Services National\nLaw (ACT).\n1.4 Child education services\nconducted, or the service is provided, as part of a child education\nservice.\n\nActivities or services for children Part 1.1\nSection 1.5\nchild education service—\n(a) means a service for which the main purpose is to provide\neducation and care for children; and\n(b) includes—\n(i) a school or other educational institution, whether or not\noperated by or on behalf of the Territory; and\n(ii) a school-crossing service.\nschool means a preschool, primary school, high school or secondary\ncollege.\n1.5 Child accommodation services\nconducted, or the service is provided, as part of a child\naccommodation service.\nchild accommodation service—\n(a) means a service for which the main purpose is to provide\nresidential accommodation for children; and\n(b) includes an overnight camp for children, irrespective of the kind\nof accommodation or of how many children are involved.\nExamples—child accommodation service\n1 school group accommodation\n2 a home stay, including as part of a student exchange\n3 a school boarding facility\n\nSection 1.6\n1.6 Counselling and support services for children\nconducted, or the service is provided, as part of—\n(a) a counselling service for children; or\n(b) a support service for children.\n1.7 Commercial services for children\n(a) the activity is conducted, or the service is provided specifically\nfor children by a commercial entity; and\n(b) the activity or service is one of the following:\n(i) an entertainment or party service;\n(ii) a gym or play facility;\n(iii) a photography service;\n(iv) a talent or beauty competition.\n\nSection 1.8\nPart 1.2 Activities or services for\nvulnerable people\n1.8 Mental health\nfunctions of the activity or service include providing treatment, care,\nrehabilitation or protection to people who are mentally impaired,\nmentally dysfunctional or mentally ill.\n1 an activity or service that provides personal care, assessment or referral of\nsupport needs, education, training and skill development, information\nservices, recreation, counselling, community access, accommodation support,\nrehabilitation, or employment services, specifically for people who are\nmentally impaired, mentally dysfunctional or mentally ill\n2 an activity or service provided in association with the use of premises for the\ncare, treatment or accommodation of people who are mentally impaired,\nmentally dysfunctional or mentally ill\n1.9 Migrants, refugees and asylum seekers\nconducted, or the service is provided, to support—\n(a) migrants, or\n(b) refugees or asylum seekers; or\n\nSection 1.10\n(c) people who cannot communicate, or who have difficulty\ncommunicating, in English.\nan activity or service that provides assistance settling in the ACT, including\nmentoring, employment services, transport or accommodation support, specifically\nfor migrants, refugees, asylum seekers or people from non-English speaking\nbackgrounds\nNote A person is not required to be registered to engage in a regulated activity\nfor a court or tribunal as an interpreter for a vulnerable person who cannot\ncommunicate, or who has difficulty communicating, in English (see\ns 12 (2) (j)).\n1.10 Homeless people\nconducted, or the service is provided, to support people who are\nhomeless.\n1 an activity or service that provides food, transport, coordination or referral of\nsupport needs for people who are homeless\n2 a drop in centre\n3 a soup kitchen\n1.11 Housing and accommodation\nA service or activity is a regulated activity if any of the usual\nfunctions of the service or activity include providing public or\ncommunity housing or accommodation to people suffering social or\nfinancial hardship.\n1 public housing\n2 social housing\n3 community housing\n4 housing assistance\n\nSection 1.12\n5 social housing\n6 crisis accommodation\n7 refuges\n1.12 Justice facilities\n(1) An activity or service is a regulated activity if—\n(a) any of the usual functions of the activity or service are carried\nout in relation to an adult at a justice facility; or\n(b) the activity is conducted, or the service is provided, in relation\nto an adult because of a sentence, detention, probation, parole or\nother order, that could be made or imposed by a court.\njustice facility means—\n(a) a correctional centre; or\n(b) a remand centre; or\n(c) a detention place; or\n(d) a place outside a detention place if a detainee is, or has been,\ndirected to work or take part in an activity at the place; or\n(e) any other place a person may be held in custody.\n1.13 Prevention of crime\nconducted, or the service is provided, in relation to a person to reduce\nthe likelihood of the person committing a criminal offence.\n1 a program to keep police informed of the whereabouts and other personal\ndetails about a person who has committed a crime to reduce the likelihood that\nthe person will reoffend\n2 a mentoring program\n\nSection 1.14\n1.14 Victims of crime\nconducted, or the service is provided, to assist or support victims of\ncrime.\nan activity or service that provides counselling and support, therapeutic\nintervention, financial assistance, information or advice for victims of crime\nNote Victims of crime are eligible for assistance under the victims services\nscheme (see Victims of Crime Act 1994, pt 4).\n1.15 Services for addictions\n(1) An activity or service is a regulated activity if any of the usual\nfunctions of the activity or service include providing treatment, care,\nrehabilitation or protection to people who are—\n(a) addicted to, or misuse, a substance (whether alcohol, a medicine,\na prohibited substance or another substance); or\n(b) addicted to an activity.\n1 an activity or service that provides health care, counselling, accommodation\nor financial support for people who are addicted to a substance or an activity\n2 a needle and syringe exchange program\n3 a methadone treatment and withdrawal program\n4 a gambling addiction telephone help-line\nprohibited substance—see the Medicines, Poisons and Therapeutic\nGoods Act 2008, section 13.\n\nSection 1.16\n1.16 Community services\nconducted, or the service is provided, to—\n(a) people and families suffering social or financial hardship; or\n(b) people who need support to live independently.\n1 an activity or service that provides crisis intervention, emergency relief,\nparenting support, assessment or referral of support needs, education, training\nand skill development, information services, counselling, community access,\nor employment services, for people and families suffering social or financial\nhardship\n2 an activity or service that provides home help, home maintenance or\nmodification, allied health care, personal care, food services, assessment or\nreferral of support needs, information services, coordination, case\nmanagement, recreation, counselling, community access, rehabilitation, or\nemployment services, to people who need support to live independently\n3 an activity or service provided in association with the use of premises for the\ncare, treatment or accommodation of people who need support to live\nindependently\n1.17 Disability services\nconducted, or the service is provided, specifically for people with a\ndisability.\n1 an activity or service that provides home help, home maintenance or\nmodification, personal care, food services, assessment or referral of support\nneeds, information services, coordination, case management, recreation,\ncounselling, community access, rehabilitation, or employment services, to\npeople with a disability\n2 an activity or service provided in association with the use of premises for the\ncare, treatment or accommodation of people with a disability\n\nSection 1.18\ndisability—see the Human Rights Commission Act 2005,\nsection 8 (2).\nNote For the Human Rights Commission Act 2005, s 8 (2), disability means a\ndisability that—\n(a) is attributable to an intellectual, psychiatric, sensory or physical\nimpairment, or a combination of those impairments; and\n(b) is permanent or likely to be permanent; and\n(c) results in—\n(i) the person having a substantially reduced capacity for\ncommunication, learning or mobility; and\n(ii) the need for continuing support services for the person; and\n(d) may, but need not, be of a chronic episodic nature.\n1.18 Respite care services\nfunctions of the activity or service include providing respite care.\n1.19 Emergency services personnel\nconducted, or the service is provided, by—\n(a) an emergency service; or\n(b) a person acting on behalf of an emergency service.\n\nOther activities or services for vulnerable people Part 1.3\nSection 1.20\nPart 1.3 Other activities or services for\nvulnerable people\n1.20 Transport\n(1) An activity or service is a regulated activity if any of the usual\nfunctions of the activity or service include providing public or private\ntransport that is—\n(a) specifically for, or mainly used by, children; or\n(b) specifically for people accessing a regulated activity mentioned\nin part 1.2.\nExample—par (a)\na school bus service\nExamples—par (b)\n1 a minibus transporting detainees to or from a remand centre\n2 a taxi for mobility impaired people\n(2) To remove any doubt, an activity or service is a regulated activity if\na person must have 1 or both of the following to conduct the activity\nor provide the service:\n(a) a public vehicle licence;\n(b) a driving instructor certificate of accreditation.\n(3) An activity or service is a regulated activity if—\n(a) the activity or service relates to a light rail service; and\n(b) the person conducting the activity or providing the service is—\n(i) a light rail driver; or\n(ii) a light rail driving assessor; or\n(iii) a light rail driving instructor; or\n\nPart 1.3 Other activities or services for vulnerable people\nSection 1.21\n(iv) appointed under the Road Transport (General) Act 1999—\n(A) section 19 (Authorised people); or\n(B) section 53A (Authorised people for infringement\nnotice offences).\naccreditation—see Road Transport (Driver Licensing)\nRegulation 2000, section 103A.\nlight rail driver—see Road Transport (Public Passenger Services)\nRegulation 2002, section 70AA.\nlight rail driving assessor—see Road Transport (Public Passenger\nServices) Regulation 2002, section 70AA.\nlight rail driving instructor—see Road Transport (Public Passenger\nServices) Regulation 2002, section 70AA.\nlight rail service—see Road Transport (Public Passenger Services)\nAct 2001, section 27A.\npublic vehicle licence—see the Road Transport (Driver Licensing)\nAct 1999, dictionary.\n1.21 Coaching and tuition\n(a) any of the usual functions of the activity or service include\ncoaching or tuition specifically for—\n(i) children; or\n(ii) people accessing a regulated activity mentioned in part 1.2;\nand\n(b) the coaching or tuition is provided by a commercial entity.\n\nOther activities or services for vulnerable people Part 1.3\nSection 1.22\n1.22 Vocational and educational training\nfunctions of the activity or service include providing vocational\neducation and training specifically for—\n(a) children; or\n(b) people accessing a regulated activity mentioned in part 1.2.\n1 a pathways to employment program\n2 an adult English language, literacy and numeracy skills program\n3 an industry training service\n1.23 Religious organisations\n(a) the activity is conducted, or the service is provided, by—\n(i) a religious organisation; or\n(ii) a person acting on behalf of a religious organisation; and\n(b) the activity or service is—\n(i) specifically for, or mainly used by children; or\n(ii) specifically for people accessing a regulated activity\nmentioned in part 1.2.\nExample—par (a)\nSunday school\nExample—par (b)\ncounselling provided by a minister of religion\n\nPart 1.3 Other activities or services for vulnerable people\nSection 1.24\n1.24 Clubs, associations and movements\n(a) the activity is conducted, or the service is provided, by a club,\nassociation or movement (including of a cultural, recreational or\nsporting nature); and\n(b) the club association or movement has significant membership or\ninvolvement by—\n(i) children; or\n(ii) people accessing a regulated activity mentioned in part 1.2.\n1 a children’s football team\n2 an art class for people who require assistance to live independently\n\nReviewable decisions Schedule 2\n","sortOrder":85},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 2 Reviewable decisions\n(see pt 7)\nitem\nsection\ndecision\nentity\n1 15A (1) impose interim bar on unregistered person person\n2 15A (5) (b) refuse to remove person’s interim bar person\n3 39 (1) extend period for stated period person\n4 39 (1) refuse to extend period person\n5 40 (1) (b) refuse to register person—unacceptable risk person\n6 40 (1) (c) refuse to register person—no request for\nreconsideration\n7 44 (2) (b) register person subject to condition person\n8 45 (1) extend period for stated period person\n9 45 (1) refuse to extend period person\n10 46 (1) register person subject to condition person\n11 47 (5) (b) refuse to amend person’s conditional\n12 54A (4) make person’s registration subject to interim\n13 59 (1) suspend or cancel person’s registration person\n14 59 (7) (b) refuse to end person’s suspension person\n\n","sortOrder":86},{"sectionNumber":"Part 3","sectionType":"part","heading":"1 Definitions","content":"Part 3.1 Definitions\nSection 3.1\n(see s 11B)\nPart 3.1 Definitions\n3.1 Definitions—sch 3\nIn this schedule:\nAnimal Welfare Act means the Animal Welfare Act 1992.\nCrimes Act means the Crimes Act 1900.\nDrugs of Dependence Act means the Drugs of Dependence Act 1989.\nRoad Transport (Safety and Traffic Management) Act means the\nRoad Transport (Safety and Traffic Management) Act 1999.\nSex Work Act means the Sex Work Act 1992.\nyoung adult relationship—an offence is within a young adult\nrelationship if—\n(a) the offence is committed against a child aged 14 or 15 years; and\n(b) the offender is less than 5 years older than the child; and\n(c) the commission of the offence does not involve violence or\ncoercion.\n\nNote An offence mentioned in this part is taken to be a class B disqualifying\noffence for a person engaged, or seeking registration to engage, in a\nkinship care activity (see s 11C).\nitem\nHomicide and related offences\n1 Crimes Act, s 12 murder\n2 Crimes Act, s 29 (2) culpable driving of\n3 Crimes Act, s 29 (2)\nand s 48A (2)\n4 Crimes Act, s 29 (2)\nand s 48C (2)\nActs intended to cause injury\n5 Crimes Act, s 19 intentionally inflict\n6 Crimes Act, s 19 and\n\nitem\n7 Crimes Act, s 19 and\n8 Crimes Act, s 20 recklessly inflict\n9 Crimes Act, s 20 and\n10 Crimes Act, s 20 and\n11 Crimes Act, s 21 wounding offence against vulnerable\n12 Crimes Act, s 21 and\ns 48A (2)s\n13 Crimes Act, s 21 and\n14 Crimes Act, s 22 assault with intent to\ncommit other offence\n15 Crimes Act, s 23 inflict actual bodily\nharm\n\nitem\n16 Crimes Act, s 23 and\nharm\n17 Crimes Act, s 23 and\nharm\n18 Crimes Act, s 24 assault occasioning\n19 Crimes Act, s 24 and\n20 Crimes Act, s 24 and\n21 Crimes Act, s 25 cause grievous bodily\nharm\n22 Crimes Act,\ns 27 (3) (a)\n23 Crimes Act,\ns 27 (3) (a) and\n\nitem\n24 Crimes Act,\ns 27 (3) (b)\n25 Crimes Act,\ns 27 (3) (b) and\n26 Crimes Act,\ns 27 (3) (c)\n27 Crimes Act,\ns 27 (3) (c) and\n28 Crimes Act,\ns 27 (3) (e)\n29 Crimes Act,\ns 27 (3) (e) and\n30 Crimes Act,\ns 27 (3) (f)\n31 Crimes Act,\ns 27 (3) (f) and\n\nitem\n32 Crimes Act,\ns 27 (3) (g)\n33 Crimes Act,\ns 27 (3) (g) and\n34 Crimes Act, s 36 torture offence against vulnerable\n35 Crimes Act, s 43 childbirth—grievous\nbodily harm with intent\n36 Crimes Act, s 74 prohibition of female\ngenital mutilation\n37 Crimes Act, s 75 remove child from\nACT for genital\nmutilation\nSexual assault and related offences\n38 Crimes Act, s 51 sexual assault in first\n39 Crimes Act, s 51 and\nsexual assault in first\n40 Crimes Act, s 52 sexual assault in\n\nitem\n41 Crimes Act, s 52 and\nsexual assault in\n42 Crimes Act, s 53 sexual assault in third\n43 Crimes Act, s 53 and\nsexual assault in third\n44 Crimes Act, s 54 sexual intercourse\n45 Crimes Act, s 54 and\nsexual assault without\nconsent\n46 Crimes Act, s 55 (1) sexual intercourse with\n10 years old)\n47 Crimes Act, s 55 (1)\n10 years old)\n48 Crimes Act, s 55 (3) sexual intercourse with\n\nitem\n","sortOrder":87},{"sectionNumber":"49","sectionType":"section","heading":"Crimes Act, s 55 (3)","content":"49 Crimes Act, s 55 (3)\n","sortOrder":88},{"sectionNumber":"50","sectionType":"section","heading":"Crimes Act, s 55A sexual intercourse with","content":"50 Crimes Act, s 55A sexual intercourse with\nyoung person under\nspecial care\n","sortOrder":89},{"sectionNumber":"51","sectionType":"section","heading":"Crimes Act, s 56 maintain sexual","content":"51 Crimes Act, s 56 maintain sexual\nrelationship with\nyoung person or person\nunder special care\n","sortOrder":90},{"sectionNumber":"52","sectionType":"section","heading":"Crimes Act, s 56 persistent sexual abuse","content":"52 Crimes Act, s 56 persistent sexual abuse\nof child or young\nperson under special\ncare\n53 Crimes Act, s 57 and\nact of indecency in first\n54 Crimes Act, s 58 act of indecency in\n55 Crimes Act, s 58 and\n56 Crimes Act, s 59 act of indecency in\n\nitem\n57 Crimes Act, s 59 and\n58 Crimes Act, s 60 act of indecency\n59 Crimes Act, s 60 and\n60 Crimes Act, s 61 (1) act of indecency\nunder 10 years old)\n61 Crimes Act, s 61 (1)\nunder 10 years old)\n62 Crimes Act, s 61 (3) act of indecency\n63 Crimes Act, s 61 (3)\n64 Crimes Act, s 61A act of indecency with\nyoung person under\nspecial care\n\nitem\n65 Crimes Act, s 62 (1) incest (under 10 years)\n66 Crimes Act, s 62 (2) incest (under 16 years)\n67 Crimes Act, s 62 (3) incest (16 years or\nolder)\n68 Crimes Act, s 64 (1) use etc child under 12\nyears for production of\nchild exploitation\n","sortOrder":91},{"sectionNumber":"69","sectionType":"section","heading":"Crimes Act, s 64 (1)","content":"69 Crimes Act, s 64 (1)\nuse etc child under 12\nyears for production of\nchild exploitation\n","sortOrder":92},{"sectionNumber":"70","sectionType":"section","heading":"Crimes Act, s 64 (3) use etc child 12 years","content":"70 Crimes Act, s 64 (3) use etc child 12 years\nor older for production\nof child exploitation\n71 Crimes Act, s 64 (3)\nuse etc child 12 years\nor older for production\nof child exploitation\n","sortOrder":93},{"sectionNumber":"72","sectionType":"section","heading":"Crimes Act, s 64A trade in child","content":"72 Crimes Act, s 64A trade in child\n","sortOrder":94},{"sectionNumber":"73","sectionType":"section","heading":"Crimes Act, s 64A and","content":"73 Crimes Act, s 64A and\ntrade in child\n\nitem\n74 Crimes Act, s 65 possess child\n75 Crimes Act, s 65 and\npossess child\n76 Crimes Act,\ns 66 (1) (a)\ngrooming—encourage\nyoung person to\ncommit etc act of\nsexual nature\n","sortOrder":95},{"sectionNumber":"77","sectionType":"section","heading":"Crimes Act,","content":"77 Crimes Act,\ns 66 (1) (a) and\ngrooming—encourage\nyoung person to\ncommit etc act of\nsexual nature\n","sortOrder":96},{"sectionNumber":"78","sectionType":"section","heading":"Crimes Act,","content":"78 Crimes Act,\ns 66 (1) (b)\nconduct with intention\nof encouraging young\n","sortOrder":97},{"sectionNumber":"79","sectionType":"section","heading":"Crimes Act,","content":"79 Crimes Act,\ns 66 (1) (b) and\nconduct with intention\nof encouraging young\n\nitem\n","sortOrder":98},{"sectionNumber":"80","sectionType":"section","heading":"Crimes Act,","content":"80 Crimes Act,\ns 66 (1) (c)\nconduct with person\nwho has relationship\nwith young person\nwith intention of\nencouraging young\n","sortOrder":99},{"sectionNumber":"81","sectionType":"section","heading":"Crimes Act,","content":"81 Crimes Act,\ns 66 (1) (c) and\nconduct with person\nwho has relationship\nwith young person\nwith intention of\nencouraging young\n","sortOrder":100},{"sectionNumber":"82","sectionType":"section","heading":"Crimes Act, s 79 (1) sexual servitude—","content":"82 Crimes Act, s 79 (1) sexual servitude—\ncause person to enter\nor remain in\n","sortOrder":101},{"sectionNumber":"83","sectionType":"section","heading":"Crimes Act, s 79 (2) sexual servitude—","content":"83 Crimes Act, s 79 (2) sexual servitude—\nconduct business\ninvolving\n","sortOrder":102},{"sectionNumber":"84","sectionType":"section","heading":"Crimes Act, s 80 deceptive recruiting for","content":"84 Crimes Act, s 80 deceptive recruiting for\nsexual services\n","sortOrder":103},{"sectionNumber":"85","sectionType":"section","heading":"Sex Work Act, s 20 cause child to provide","content":"85 Sex Work Act, s 20 cause child to provide\ncommercial sexual\nservices etc\nAbduction, harassment and related offences\n","sortOrder":104},{"sectionNumber":"86","sectionType":"section","heading":"Crimes Act, s 37 abduction of young","content":"86 Crimes Act, s 37 abduction of young\noffence against child other\n\nitem\n","sortOrder":105},{"sectionNumber":"87","sectionType":"section","heading":"Crimes Act, s 38 kidnapping offence against child other","content":"87 Crimes Act, s 38 kidnapping offence against child other\n","sortOrder":106},{"sectionNumber":"88","sectionType":"section","heading":"Crimes Act, s 40 unlawfully take child","content":"88 Crimes Act, s 40 unlawfully take child\netc\noffence against child other\n","sortOrder":107},{"sectionNumber":"89","sectionType":"section","heading":"Crimes Act, s 63 abduction offence against vulnerable","content":"89 Crimes Act, s 63 abduction offence against vulnerable\nPublic order offences\n","sortOrder":108},{"sectionNumber":"90","sectionType":"section","heading":"Crimes Act, s 63A bestiality","content":"90 Crimes Act, s 63A bestiality\n\nitem\nHomicide and related offences\n1 Crimes Act, s 15 manslaughter\n2 Crimes Act, s 15 and\nmanslaughter\n3 Crimes Act, s 15 and\nmanslaughter\n4 Crimes Act, s 17 (1) suicide—aids or abets\n5 Crimes Act, s 17 (2) suicide—incites or\ncounsels\n6 Crimes Act, s 29 (2) culpable driving of\n7 Crimes Act, s 29 (2)\nand s 48A (2)\n8 Crimes Act, s 29 (2)\nand s 48C (2)\n9 Crimes Act, s 42 child destruction\n\nitem\n10 Road Transport (Safety\nand Traffic\nManagement) Act,\ns 6 (1)\ndrive motor vehicle\nnegligently\ncauses death\nActs intended to cause injury\n11 Crimes Act, s 19 intentionally inflict\n12 Crimes Act, s 19 and\n13 Crimes Act, s 19 and\n14 Crimes Act, s 20 recklessly inflict\n15 Crimes Act, s 20 and\n16 Crimes Act, s 20 and\n17 Crimes Act, s 21 wounding offence other than against\n\nitem\n18 Crimes Act, s 21 and\n19 Crimes Act, s 21 and\n20 Crimes Act, s 22 assault with intent to\ncommit other offence\n21 Crimes Act, s 23 and\nharm\n22 Crimes Act, s 23 and\nharm\n23 Crimes Act, s 24 and\n24 Crimes Act, s 24 and\n25 Crimes Act, s 25 cause grievous bodily\nharm\n\nitem\n26 Crimes Act,\ns 27 (3) (a)\n27 Crimes Act,\ns 27 (3) (a) and\n28 Crimes Act,\ns 27 (3) (b)\n29 Crimes Act,\ns 27 (3) (b) and\n30 Crimes Act,\ns 27 (3) (c)\n31 Crimes Act,\ns 27 (3) (c) and\n32 Crimes Act,\ns 27 (3) (e)\n33 Crimes Act,\ns 27 (3) (e) and\n\nitem\n34 Crimes Act,\ns 27 (3) (f)\n35 Crimes Act,\ns 27 (3) (f) and\n36 Crimes Act,\ns 27 (3) (g)\n37 Crimes Act,\ns 27 (3) (g) and\n38 Crimes Act, s 36 torture offence other than against\n39 Crimes Act, s 74 prohibition of female\ngenital mutilation\nSexual assault and related offences\n40 Crimes Act, s 51 sexual assault in first\n41 Crimes Act,\ns 51 and s 72AA (2)\nsexual assault in first\n\nitem\n42 Crimes Act, s 52 sexual assault in\n43 Crimes Act,\ns 52 and s 72AA (2)\nsexual assault in\n44 Crimes Act, s 53 sexual assault in third\n45 Crimes Act,\ns 53 and s 72AA (2)\nsexual assault in third\n46 Crimes Act, s 54 sexual intercourse\n47 Crimes Act,\ns 54 and s 72AA (2)\nsexual intercourse\n48 Crimes Act, s 55 (3) sexual intercourse with\n49 Crimes Act,\ns 55 (3) and\n50 Crimes Act, s 57 act of indecency in first\n\nitem\n51 Crimes Act,\ns 57 and s 72AA (2)\nact of indecency in first\n52 Crimes Act, s 58 act of indecency in\n53 Crimes Act,\ns 58 and s 72AA (2)\n54 Crimes Act, s 59 act of indecency in\n55 Crimes Act,\ns 59 and s 72AA (2)\n56 Crimes Act, s 60 act of indecency\n57 Crimes Act,\ns 60 and s 72AA (2)\n58 Crimes Act, s 61 (3) act of indecency\n\nitem\n59 Crimes Act,\ns 61 (3) and\n60 Crimes Act, s 61B (1) observe with device or\nother person\n61 Crimes Act,\ns 61B (1) and\nobserve with device or\nother person\n62 Crimes Act, s 61B (5) observe with device or\nother person’s genital/\nanal region or breasts\n63 Crimes Act,\ns 61B (5) and\nobserve with device or\nother person’s genital/\nanal region or breasts\n64 Crimes Act, s 62 (3) incest (16 years or\nolder)\n65 Crimes Act, s 72C non-consensual\ndistribution of intimate\nimages\n\nitem\n66 Crimes Act,\ns 72C and s 72EA (2)\nnon-consensual\ndistribution of intimate\nimages\n67 Crimes Act, s 72D Distribution of intimate\nimage of young person\n68 Crimes Act,\ns 72D and s 72EA (2)\nDistribution of intimate\nimage of young person\n69 Crimes Act, s 79 (1) sexual servitude—\ncause person to enter\nor remain in\n70 Crimes Act, s 79 (2) sexual servitude—\nconduct business\ninvolving\n71 Crimes Act, s 80 deceptive recruiting for\nsexual services\nDangerous or negligent acts endangering others\n72 Crimes Act, s 39 neglect etc of children\n73 Crimes Act, s 41 expose or abandon\nchild\nAbduction, harassment and related offences\n","sortOrder":109},{"sectionNumber":"74","sectionType":"section","heading":"Crimes Act, s 38 kidnapping offence against child family","content":"74 Crimes Act, s 38 kidnapping offence against child family\nmember or person other than\na vulnerable person\n","sortOrder":110},{"sectionNumber":"75","sectionType":"section","heading":"Crimes Act, s 63 abduction offence against child family","content":"75 Crimes Act, s 63 abduction offence against child family\nmember or person other than\na vulnerable person\n\nitem\nFraud, deception and related offences\n76 Criminal Code, s 326 obtain property by\ndeception\n77 Criminal Code, s 332 obtain financial\nadvantage by deception\n78 Criminal Code, s 334 conspiracy to defraud offence against vulnerable\n79 Criminal Code, s 336 pass valueless cheques offence against vulnerable\n80 Criminal Code, s 337 make false or\nmisleading statements\n81 Criminal Code, s 339 produce false or\nmisleading documents\n82 Criminal Code, s 346 forgery offence against vulnerable\n83 Criminal Code, s 347 use false document offence against vulnerable\n84 Criminal Code, s 348 possess false document offence against vulnerable\nIllicit drug offences\n85 Criminal Code,\ns 603 (1)\ndrug—large\n86 Criminal Code,\ns 603 (3)\ndrug—commercial\nquantity\n87 Criminal Code,\ns 603 (5)\ndrug—trafficable\nquantity of cannabis\n\nitem\n88 Criminal Code,\ns 603 (7)\ndrug—controlled drug\nother than cannabis\n89 Criminal Code,\ns 607 (1)\ndrug to sell—large\n90 Criminal Code,\ns 607 (3)\ndrug to sell—\n","sortOrder":111},{"sectionNumber":"91","sectionType":"section","heading":"Criminal Code,","content":"91 Criminal Code,\ns 607 (5)\ndrug to sell\n","sortOrder":112},{"sectionNumber":"92","sectionType":"section","heading":"Criminal Code,","content":"92 Criminal Code,\ns 609\ndrug\n93 Criminal Code,\ns 610 (1)\n94 Criminal Code,\ns 610 (3)\n95 Criminal Code,\ns 610 (5)\nprecursor for\n","sortOrder":113},{"sectionNumber":"96","sectionType":"section","heading":"Criminal Code,","content":"96 Criminal Code,\ns 611 (1)\n","sortOrder":114},{"sectionNumber":"97","sectionType":"section","heading":"Criminal Code,","content":"97 Criminal Code,\ns 611 (3)\nprecursor to sell—large\n","sortOrder":115},{"sectionNumber":"98","sectionType":"section","heading":"Criminal Code,","content":"98 Criminal Code,\ns 611 (5)\n\nitem\n","sortOrder":116},{"sectionNumber":"99","sectionType":"section","heading":"Criminal Code,","content":"99 Criminal Code,\ns 611 (7)\nprecursor to sell—\n","sortOrder":117},{"sectionNumber":"100","sectionType":"section","heading":"Criminal Code,","content":"100 Criminal Code,\ns 611 (9)\nprecursor\n","sortOrder":118},{"sectionNumber":"101","sectionType":"section","heading":"Criminal Code,","content":"101 Criminal Code,\ns 611 (10)\nprecursor to sell\n102 Criminal Code,\ns 612 (1)\n103 Criminal Code,\ns 612 (3)\n104 Criminal Code,\ns 612 (5)\nprecursor\n","sortOrder":119},{"sectionNumber":"105","sectionType":"section","heading":"Criminal Code,","content":"105 Criminal Code,\ns 613 (1)\nsupply substance,\ndocument for drug\n","sortOrder":120},{"sectionNumber":"106","sectionType":"section","heading":"Criminal Code,","content":"106 Criminal Code,\ns 613 (2)\npossess substance,\ndocument to supply for\ndrug manufacture\n","sortOrder":121},{"sectionNumber":"107","sectionType":"section","heading":"Criminal Code,","content":"107 Criminal Code,\ns 614\npossess substance,\ndocument for drug\n","sortOrder":122},{"sectionNumber":"108","sectionType":"section","heading":"Criminal Code,","content":"108 Criminal Code,\ns 616 (1)\nplant to sell—large\n","sortOrder":123},{"sectionNumber":"109","sectionType":"section","heading":"Criminal Code,","content":"109 Criminal Code,\ns 616 (3)\nplant to sell—\n\nitem\n","sortOrder":124},{"sectionNumber":"110","sectionType":"section","heading":"Criminal Code,","content":"110 Criminal Code,\ns 616 (5)\nplant to sell—\ntrafficable quantity\n","sortOrder":125},{"sectionNumber":"111","sectionType":"section","heading":"Criminal Code,","content":"111 Criminal Code,\ns 616 (7)\ncultivate other\ncontrolled plant to sell\n","sortOrder":126},{"sectionNumber":"112","sectionType":"section","heading":"Criminal Code,","content":"112 Criminal Code,\ns 618 (1)\nplant other than\ncannabis plant\n","sortOrder":127},{"sectionNumber":"113","sectionType":"section","heading":"Criminal Code,","content":"113 Criminal Code,\ns 619 (1)\nlarge commercial\nquantity\n","sortOrder":128},{"sectionNumber":"114","sectionType":"section","heading":"Criminal Code,","content":"114 Criminal Code,\ns 619 (3)\n","sortOrder":129},{"sectionNumber":"115","sectionType":"section","heading":"Criminal Code,","content":"115 Criminal Code,\ns 619 (5)\ntrafficable quantity of\ncannabis plant\n","sortOrder":130},{"sectionNumber":"116","sectionType":"section","heading":"Criminal Code,","content":"116 Criminal Code,\ns 619 (7)\ncontrolled plant other\nthan cannabis plant\n","sortOrder":131},{"sectionNumber":"117","sectionType":"section","heading":"Criminal Code,","content":"117 Criminal Code,\ns 620 (1)\nsupply controlled\ndocument—cultivation\n","sortOrder":132},{"sectionNumber":"118","sectionType":"section","heading":"Criminal Code,","content":"118 Criminal Code,\ns 620 (2)\ndocument—intent to\nsupply to another\n","sortOrder":133},{"sectionNumber":"119","sectionType":"section","heading":"Criminal Code,","content":"119 Criminal Code,\ns 621\ndocument—cultivation\n\nitem\n","sortOrder":134},{"sectionNumber":"120","sectionType":"section","heading":"Criminal Code,","content":"120 Criminal Code,\ns 622 (1)\nsupply controlled drug\nto child for selling—\n","sortOrder":135},{"sectionNumber":"121","sectionType":"section","heading":"Criminal Code,","content":"121 Criminal Code,\ns 622 (3)\nsupply controlled drug\nto child for selling\n","sortOrder":136},{"sectionNumber":"122","sectionType":"section","heading":"Criminal Code,","content":"122 Criminal Code,\ns 624 (1)\nprocure child to traffic\nin controlled drug—\n","sortOrder":137},{"sectionNumber":"123","sectionType":"section","heading":"Criminal Code,","content":"123 Criminal Code,\ns 624 (4)\nprocure child to traffic\nin controlled drug\n","sortOrder":138},{"sectionNumber":"124","sectionType":"section","heading":"Criminal Code, s 625 supply controlled drug","content":"124 Criminal Code, s 625 supply controlled drug\nto child\nPublic order offences\n","sortOrder":139},{"sectionNumber":"125","sectionType":"section","heading":"Animal Welfare Act,","content":"125 Animal Welfare Act,\ns 7A\naggravated cruelty\n\n(see s 4)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• adult\n• Australia\n• change\n• chief police officer\n• child\n• commissioner for fair trading\n• contravene\n• Corporations Act\n• correctional centre\n• Criminal Code\n• detention place\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• document\n• domestic partner (see s 169 (1))\n• emergency service\n• entity\n• foreign country\n• found guilty\n• function\n• health practitioner\n• home address\n• lawyer\n• Legislation Act\n• notifiable instrument (see s 10)\n\n• penalty unit (see s 133)\n• person (see s 160)\n• police officer\n• registrar-general\n• reviewable decision notice\n• road transport authority\n• territory law\n• the Territory\n• work health and safety commissioner\n• working day\n• writing.\nACT Teacher Quality Institute means the institute established under\nthe ACT Teacher Quality Institute Act 2010, section 10.\nadditional risk assessment—see section 54 (2) (a).\nadult conviction or finding of guilt, for a person for an offence,\nmeans a conviction or finding of guilt for an offence committed when\nthe person was an adult.\nAnimal Welfare Act, for schedule 3 (Disqualifying offences)—\napplication, for registration, for part 4 (Applying for registration)—\nsee section 16A.\nclass A disqualifying offence—see section 11B.\nclass B disqualifying offence—see section 11B.\ncommissioner means the commissioner for fair trading.\nconditional registration means a registration that is subject to\nconditions.\ncontact, between a person and a vulnerable person—see section 10.\n\ncorresponding law means—\n(a) a law of another jurisdiction corresponding, or substantially\ncorresponding, to this Act; or\n(b) a law of another jurisdiction prescribed by regulation as a\ncorresponding law for this Act.\nCrimes Act, for schedule 3 (Disqualifying offences)—see schedule 3,\nsection 3.1.\ncriminal history, about a person—see section 24.\ndisqualifying offence—see section 11B.\nDrugs of Dependence Act, for schedule 3 (Disqualifying offences)—\nemployer, in relation to a regulated activity—see section 11.\nengaged, in a regulated activity—see section 9.\nindependent advisor means an independent advisor appointed under\nsection 34.\ninterim condition—see section 54A.\njurisdiction means a State, the Commonwealth or an internal\nTerritory, including the ACT.\nkinship carer—see the Children and Young People Act 2008,\nsection 516.\nnamed employer, for a regulated activity—see section 18 (1) (d) (i).\nNDIS Act means the National Disability Insurance Scheme Act 2013\n(Cwlth).\nNDIS activity—see section 8A.\nNDIS quality and safeguards commission means the NDIS quality\nand safeguards commission established under the NDIS Act,\nsection 181A.\n\nnegative notice—see section 40 (2) (a).\nnegative risk assessment—see section 37 (1) (b).\nnon-conviction information, about a person—see section 25.\nproposed conditional registration notice—see section 43 (1).\nproposed negative notice—see section 37 (2).\nregistered NDIS provider—see the NDIS Act, section 9\n(Definitions).\nregistration means a registration under this Act.\nregulated activity—see section 8.\nrelevant offence—see section 11A.\nreviewable decision, for part 7 (Notification and review of\ndecisions)—see section 61.\nrevised risk assessment—see section 38 (2).\nrisk assessment, for a person—see section 23.\nrisk assessment guidelines—see section 27.\nRoad Transport (Safety and Traffic Management) Act, for\nschedule 3 (Disqualifying offences)—see schedule 3, section 3.1.\nrole-based registration—see section 42B.\nSex Work Act, for schedule 3 (Disqualifying offences)—\nspent, for a conviction—see the Spent Convictions Act 2000,\nsection 7.\nvulnerable person—see section 7.\nyoung adult relationship, for schedule 3 (Disqualifying offences)—\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nWorking with Vulnerable People (Background Checking) Act 2011\nA2011-44\nnotified LR 8 November 2011\ns 1, s 2 commenced 8 November 2011 (LA s 75 (1))\nremainder commenced 8 November 2012 (s 2 (2))\nas amended by\nStatute Law Amendment Act 2012 A2012-21 sch 1 pt 1.3\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 1 pt 1.3 commenced 8 November 2012 (s 2 (2) and see A2011-44\ns 2 (2))\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.55\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.55 commenced 14 June 2013 (s 2)\nStatute Law Amendment Act 2014 (No 2) A2014-44 sch 3 pt 3.13\nnotified LR 5 November 2014\ns 1, s 2 commenced 5 November 2014 (LA s 75 (1))\nsch 3 pt 3.13 commenced 19 November 2014 (s 2)\nChildren and Young People Amendment Act 2015 (No 2) A2015-22\nsch 1 pt 1.1\nnotified LR 16 June 2015\ns 1, s 2 commenced 16 June 2015 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 July 2015 (s 2)\nVeterinary Surgeons Act 2015 A2015-29 sch 2 pt 2.13\nnotified LR 20 August 2015\ns 1, s 2 commenced 20 August 2015 (LA s 75 (1))\nsch 2 pt 2.13 commenced 1 December 2015 (s 2 (1) and CN2015-22)\n\nLegislation history 3\nSpent Convictions (Historical Homosexual Convictions\nExtinguishment) Amendment Act 2015 A2015-45 sch 1 pt 1.9\nnotified LR 6 November 2015\ns 1, s 2 commenced 6 November 2015 (LA s 75 (1))\nsch 1 pt 1.9 commenced 7 November 2015 (s 2)\nChildren and Young People Amendment Act 2015 (No 3) A2015-46\nsch 1\nnotified LR 6 November 2015\ns 1, s 2 commenced 6 November 2015 (LA s 75 (1))\nsch 1 commenced 1 January 2016 (s 2)\nReportable Conduct and Information Sharing Legislation Amendment\nAct 2016 A2016-39 pt 4\nnotified LR 17 August 2016\ns 1, s 2 commenced 17 August 2016 (LA s 75 (1))\ns 15 commenced 1 July 2017 (s 2 (2) and CN2017-2)\npt 4 remainder commenced 18 August 2016 (s 2 (1))\nFamily Violence Act 2016 A2016-42 sch 3 pt 3.22 (as am by A2017-10\ns 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 3 pt 3.22 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nNote This Act only amends the Family Violence Act 2016\nA2016-42.\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2018\nA2018-19 sch 1 pt 1.11\nnotified LR 17 May 2018\ns 1, s 2 commenced 17 May 2018 (LA s 75 (1))\nsch 1 pt 1.11 commenced 24 May 2018 (s 2)\n\nAct 2019 A2019-13 (as am by A2020-14 amdt 1.142)\nnotified LR 23 May 2019\ns 1, s 2 commenced 23 May 2019 (LA s 75 (1))\nremainder commenced 1 February 2021 (s 2 (1) (as am by A2020-14\namdt 1.142) and CN2021-1)\nWork Health and Safety Amendment Act 2019 A2019-38 sch 1 pt 1.12\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 1 pt 1.12 commenced 1 February 2021 (s 2 (2) and see A2019-13\ns 2 (as am by A2020-14 amdt 1.142) and CN2021-1)\nCOVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.20\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\nsch 1 pt 1.20 commenced 8 April 2020 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.32, amdt 1.142\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.32, amdt 1.142 commenced 14 May 2020 (s 2 (1))\nNote This Act also amends the Working with Vulnerable People\n(Background Checking) Amendment Act 2019 A2019-13.\nAct 2020 A2020-29\nnotified LR 23 May 2019\ns 1, s 2 commenced 23 May 2019 (LA s 75 (1))\nremainder commenced 1 February 2021 (s 2 (a) and see A2019-13 s 2\n(as am by A2020-14 amdt 1.142) and CN2021-1)\nCOVID-19 Emergency Response Legislation Amendment Act 2021\nA2021-1 sch 1 pt 1.16\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\nsch 1 pt 1.16 commenced 20 February 2021 (s 2 (1))\n\nLegislation history 3\nFamily Violence Legislation Amendment Act 2022 A2022-13 pt 6\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\npt 6 commenced 17 August 2022 (s 2)\nBackground Checking Legislation Amendment Act 2023 A2023-12\npt 3\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\npt 3 commenced 12 April 2023 (s 2)\nCrimes Legislation Amendment Act 2023 A2023-33 sch 2 pt 2.9\nnotified LR 6 September 2023\ns 1, s 2 commenced 6 September 2023 (LA s 75 (1))\nsch 2 pt 2.9 commenced 13 September 2023 (s 2)\nJustice (Age of Criminal Responsibility) Legislation Amendment\nAct 2023 A2023-45 sch 1 pt 1.9\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\nsch 1 pt 1.9 commenced 27 March 2024 (s 2 (2) (a))\nEducation and Care Services National Law (ACT) Amendment\nAct 2024 A2024-33 sch 1 pt 1.8\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\nsch 1 pt 1.8 commenced 11 July 2024 (s 2 (1))\nJustice and Community Safety Legislation Amendment\nAct 2025 (No 3) A2025-22 sch 1 pt 1.8\nnotified LR 12 September 2025\ns 1, s 2 commenced 12 September 2025 (LA s 75 (1))\nsch 1 pt 1.8 commenced 1 November 2025 (s 2 (3) (a) and see Aged\nCare Act 2024 (Cwlth) s 7)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.109, sch 4\npt 4.196\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.109, sch 4 pt 4.196 commenced 26 November 2025\n(s 2 (3), (9))\n\nAct 2025 A2025-39 pt 2\nnotified LR 15 December 2025\ns 1, s 2 commenced 15 December 2025 (LA s 75 (1))\npt 2 commenced 16 December 2025 (s 2)\nJustice and Community Safety Legislation Amendment Act 2026\nA2026-4 pt 14\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\npt 14 commenced 23 February 2026 (s 2)\n\nCommencement\ns 2 om LA s 89 (4)\nWhen does Act apply to a regulated activity?\ns 3 table sub A2012-21 amdt 1.5\nexp 8 November 2018 (s 3 (2))\nBest interests of vulnerable people paramount consideration\ns 6A ins A2020-29 s 4\nWhat is a regulated activity?\ns 8 am A2019-13 s 4; A2025-29 amdt 4.199\nWhat is an NDIS activity?\ns 8A ins A2019-13 s 5\nWhen is a person engaged in a regulated activity?\ns 9 am A2020-29 s 5\nWhat is contact with a vulnerable person?\ns 10 am A2019-13 s 6, s 7; A2020-29 s 6\nWho is an employer?\ns 11 sub A2019-13 s 8\nMeaning of relevant offence\ns 11A ins A2020-29 s 7\nMeaning of disqualifying offence etc\ns 11B ins A2020-29 s 7\nsub A2023-12 s 5\nDisqualifying offences—kinship care activities\ns 11C ins A2023-12 s 5\nWhen is a person required to be registered?\ns 12 am A2015-29 amdt 2.92; A2019-13 ss 9-12; A2020-29 s 8,\ns 9; ss renum R16 LA; A2023-12 ss 6-8; pars renum R20 LA;\nA2025-22 amdt 1.31; A2025-29 amdt 4.199\nOffences—person engage in regulated activity for which person not\nregistered\ns 13 am A2020-29 s 10, s 11\nOffences—employer engage person in regulated activity for which person\nnot registered\ns 14 am A2020-29 s 12, s 13\n\nWhen unregistered person may be engaged in regulated activity—\nsupervised employment\ns 15 am A2019-13 s 13, s 14; pars renum R16 LA\nInterim bar—supervised employment\ns 15A hdg sub A2020-29 s 14\ns 15A ins A2019-13 s 15\nam A2020-29 s 15\nWhen unregistered person may be engaged in regulated activity—kinship\ncarer or foster carer\ns 16 am A2015-46 amdt 1.1; A2020-29 s 16, s 17\nsub A2023-12 s 9\nMeaning of application—pt 4\ns 16A ins A2019-13 s 16\nApplication for registration\ns 17 sub A2019-13 s 17\nam A2020-29 s 18, s 19; ss renum R16 LA; A2025-29\namdt 4.199; A2025-39 s 4; ss renum R26 LA\nApplication for registration—contents\ns 18 am A2019-13 ss 18-22; pars renum R16 LA\nApplication for registration for NDIS activity—additional contents\ns 18A ins A2019-13 s 23\nam A2025-29 amdt 3.392\nApplication for registration—additional information\ns 19 am A2019-13 s 24\nApplication for registration—withdrawal\ns 20 am A2019-13 s 25, s 26; ss renum R16 LA\nOffences—applicant fail to disclose charge, conviction or finding of guilt for\nrelevant offence\ns 21 hdg sub A2019-13 s 27; A2020-29 s 20\ns 21 am A2019-13 s 28; A2020-29 s 21\nOffence—applicant fail to disclose change in relevant information\ns 21A ins A2019-13 s 29\nRestriction on reapplying for registration\ns 22 am A2019-13 s 30, s 31; A2020-29 s 22; ss renum R16 LA;\nA2025-39 s 5\nExemption from s 17 (3)—corresponding law inconsistent with territory law\ns 22A ins A2025-39 s 6\n\nMeaning of criminal history\ns 24 am A2015-45 amdt 1.9\nsub A2019-13 s 32; A2020-29 s 23\nMeaning of non-conviction information\ns 25 am A2019-13 s 33\nsub A2020-29 s 23\nMeaning of relevant offence\ns 26 om A2020-29 s 23\nMeaning of disqualifying offence etc\ns 26A ins A2019-13 s 34\nom A2020-29 s 23\nRisk assessment guidelines\ns 27 am A2013-19 amdt 3.517; A2025-29 amdt 4.199\nRisk assessment guidelines—content\ns 28 am A2014-44 amdt 3.86; A2016-42 amdt 3.107; A2019-13\ns 35, s 36; A2020-29 s 24, s 25\nRisk assessment guidelines—criminal history\ns 29 sub A2019-13 s 37; A2020-29 s 26\nRisk assessment guidelines—non-conviction information\ns 30 am A2019-13 s 38; A2020-29 s 27, s 28\nRisk assessments\ns 32 am A2020-29 s 29; A2025-39 s 7\nCommissioner may request information from an entity to conduct risk\nassessments\ns 33 sub A2016-39 s 12\nam A2019-13 s 39, s 40; ss renum R16 LA\nIndependent advisors—appointment\ns 34 am A2014-44 amdt 3.87, amdt 3.88; A2020-29 s 30; A2023-12\ns 10; A2025-29 amdt 4.199\nIndependent advisors—advice\ns 35 am A2019-13 s 41\nProposed negative notices\ns 37 am A2019-13 s 42; A2020-29 s 31; ss renum R16 LA\nReconsideration of negative risk assessments\ns 38 am A2019-13 s 43\nNegative notices\ns 40 am A2014-44 amdt 3.89; A2019-13 s 44; A2020-29 ss 32-36;\npars, ss renum R16 LA; A2025-39 s 8; pars renum R26 LA\n\nRegistration\ns 41 am A2019-13 s 45, s 46; A2020-29 s 37; ss renum R16 LA;\nA2025-39 s 9\nConditional registration\ns 42 am A2020-29 s 38\nConditional registration—class A disqualifying offence or negative status\nunder corresponding law\ns 42A ins A2020-29 s 39\nam A2023-12 s 11\nsub A2025-39 s 10\nConditional registration—role-based registration\ns 42B ins A2020-29 s 39\nConditional registration—disqualifying offences\ns 42C ins A2020-29 s 39\nProposed conditional registration\ns 43 am A2014-44 amdt 3.90; A2020-29 s 40, s 41\nReconsideration of proposed conditional registration\ns 44 am A2019-13 ss 47-49; ss renum R16 LA\nNotice of conditional registration\ns 46 am A2020-29 s 42; ss renum R16 LA\nConditional registration—amendment\ns 47 am A2019-13 s 50; ss renum R16 LA\nRestrictions on reapplying for amendment of conditional registration\ns 47A ins A2019-13 s 51\ndiv 6.2 hdg om A2019-13 s 52\ns 49 am A2014-44 amdt 3.91\nom A2019-13 s 52\nOffence—fail to produce registration card\ns 50 om A2019-13 s 52\nLost, stolen or damaged registration cards\ns 51 am A2013-19 amdt 3.518\nom A2019-13 s 52\nOffence—fail to return registration card\ns 52 om A2019-13 s 52\n\nCommissioner may request information from entities about registered\npeople\ns 53 sub A2016-39 s 13\nam A2019-13 s 53, s 54; ss renum R16 LA\nAdditional risk assessments\ns 54 am A2019-13 s 55, s 56\nInterim conditional registration\ns 54A ins A2019-13 s 57\nam A2020-29 s 43\nOffence—registered person contravene interim condition of registration\ns 54B ins A2019-13 s 57\nOffences—registered person fail to disclose charge, conviction or finding of\nguilt for relevant offence\ns 55 hdg sub A2019-13 s 58; A2020-29 s 44\ns 55 am A2019-13 s 59; A2020-29 s 45\nOffence—applicant fail to disclose change in relevant information\ns 55A ins A2019-13 s 60\nOffence—fail to notify change of name\ns 56 hdg sub A2020-29 s 46\ns 56 am A2019-13 s 61, s 62\nAutomatic cancellation—class A disqualifying offence or negative status\nunder corresponding law\ns 56A hdg sub A2025-39 s 11\ns 56A ins A2020-29 s 47\nam A2025-39 s 12\ns 58 am A2014-44 amdt 3.92; A2020-29 s 48\nSuspension or cancellation of registration\ns 59 am A2019-13 s 63, s 64; A2020-29 s 49\nSurrendering registration\ns 60 am A2013-19 amdt 3.519, amdt 3.520; A2013-19 s 65, s 66;\nss renum R16 LA\nCOVID-19 emergency response\ndiv 6.6 hdg ins A2020-11 amdt 1.69\nDefinitions—div 6.6\ns 60A ins A2020-11 amdt 1.69\nsub A2020-14 amdt 1.138\n\nExtending registration—COVID-19 emergency period\ns 60B ins A2020-11 amdt 1.69\nam A2020-14 amdt 1.139\nom A2021-1 amdt 1.28\nExtending registration—COVID-19 emergency period—further provisions\ns 60BA ins A2021-1 amdt 1.28\nRenewing expired registration—COVID-19 emergency period\ns 60C ins A2020-11 amdt 1.69\nam A2020-14 amdt 1.140\nom A2021-1 amdt 1.28\nExpiry—div 6.6\ns 60D ins A2020-11 amdt 1.69\nam A2020-14 amdt 1.141\nReviewable decision notices\ns 62 am A2025-29 amdt 4.199\nApplications for review\ns 63 am A2025-29 amdt 4.199\nInformation sharing\npt 7A hdg ins A2016-39 s 14\nCommissioner may give information to particular entities\ns 63A ins A2016-39 s 14\nam A2016-39 s 15; pars renum R10 LA; A2019-13 s 67, s 68;\nA2019-38 amdt 1.30, amdt 1.31; pars renum R16 LA\nParticular entities may give information to commissioner\ns 63B ins A2016-39 s 14\nam A2019-13 s 69, s 70; A2019-38 amdt 1.32, amdt 1.33; pars\nrenum R16 LA; A2026-4 s 44, s 45; ss renum R28 LA\nCommissioner may give information to employers\ns 63C ins A2019-13 s 71\nam A2020-29 s 50\nreloc to pt 7A A2020-29 s 51\nDetermination of fees\ns 68 am A2025-29 amdt 4.199\nApproved forms\ns 69 om A2019-13 s 72\nReview of Act\ns 70 exp 8 November 2020 (s 70 (2))\n\nRegulation-making power\ns 71 am A2014-44 amdt 3.93; A2025-29 amdt 4.199; A2025-39\ns 13; ss renum R26 LA\nTransitional—Working with Vulnerable People (Background Checking)\nAmendment Act 2020\npt 9 hdg ins A2020-29 s 52\nMeaning of commencement day—pt 9\ns 72 om LA s 89 (3)\nins A2020-29 s 52\nFoster carers\ns 73 ins A2020-29 s 52\nExpiry—pt 9\ns 74 ins A2020-29 s 52\nRegulated activities\nsch 1 am A2015-22 amdt 1.1; A2015-46 amdt 1.2; A2018-19\namdt 1.21, amdt 1.22; A2023-12 s 12, s 13; A2023-45\namdts 1.36-1.38; A2024-33 amdts 1.16-1.18; pars renum\nR23 LA\nReviewable decisions\nsch 2 am A2019-13 ss 73-75; A2020-29 s 53, s 54; items renum\nR16 LA\nDisqualifying offences\nsch 3 ins A2019-13 s 76\nsub A2020-29 s 55\nam A2022-13 s 96; A2023-12 ss 14-20; items renum R20 LA;\nA2023-33 amdt 2.35; A2025-29 amdt 3.393; A2026-4 s 46\ndict am A2019-13 s 77; A2019-38 amdt 1.34, amdt 1.35\ndef ACT Teacher Quality Institute ins A2016-39 s 16\ndef adult conviction or finding of guilt ins A2020-29 s 56\ndef Animal Welfare Act ins A2019-13 s 78\ndef application ins A2019-13 s 78\ndef class A disqualifying offence ins A2019-13 s 78\ndef class B disqualifying offence ins A2019-13 s 78\ndef Crimes Act ins A2019-13 s 78\n\ndef Criminal Code ins A2019-13 s 78\nom A2025-29 amdt 3.394\ndef disqualifying offence ins A2019-13 s 78\ndef Drugs of Dependence Act ins A2020-29 s 58\ndef interim bar ins A2019-13 s 78\nom A2020-29 s 59\ndef interim condition ins A2019-13 s 78\ndef kinship care activity ins A2020-29 s 60\nom A2023-12 s 21\ndef kinship carer ins A2020-29 s 60\ndef NDIS Act ins A2019-13 s 78\ndef NDIS activity ins A2019-13 s 78\ndef NDIS quality and safeguards commission ins A2019-13\ns 78\ndef registered NDIS provider ins A2019-13 s 78\ndef registration card om A2019-13 s 79\ndef registration number om A2014-44 amdt 3.94\ndef relevant offence sub A2020-29 s 61\ndef Road Transport (Safety and Traffic Management) Act\nins A2020-29 s 62\ndef role-based registration sub A2020-29 s 63\ndef Sex Work Act ins A2019-13 s 78\ndef young adult relationship ins A2020-29 s 64\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n8 Nov 2012\n8 Nov 2012–\nA2012-21 new Act and\namendments by\nA2012-21\n14 June 2013–\n18 Nov 2014\nA2013-19 amendments by\nA2013-19\n19 Nov 2014\n19 Nov 2014–\nA2014-44 amendments by\nA2014-44\n1 July 2015–\n6 Nov 2015\nA2015-22 amendments by\nA2015-22\n7 Nov 2015\n7 Nov 2015–\n30 Nov 2015\nA2015-45 amendments by\nA2015-45\n1 Dec 2015\n1 Dec 2015–\n31 Dec 2015\nA2015-45 amendments by\nA2015-29\n1 Jan 2016\n1 Jan 2016–\n17 Aug 2016\nA2015-46 amendments by\nA2015-46\n18 Aug 2016\n18 Aug 2016–\n30 Apr 2017\nA2016-39 amendments by\nA2016-39\n1 May 2017–\nA2017-10 amendments by\nA2016-42\nas amended by\nA2017-10\n1 July 2017–\nA2017-10 amendments by\nA2016-39\n24 May 2018–\n8 Nov 2018\nA2018-19 amendments by\nA2018-19\n\n5 Earlier republications\nfor\n9 Nov 2018\n9 Nov 2018–\n7 Apr 2020\nA2018-19 expiry of provision\n(s 3)\n8 Apr 2020\n8 Apr 2020–\nA2020-11 amendments by\nA2020-11\n14 May 2020–\n8 Nov 2020\nA2020-14 amendments by\nA2020-14\n9 Nov 2020\n9 Nov 2020–\n31 Jan 2021\nA2020-14 expiry of provision\n(s 70)\nR16 (RI)\n23 Sept 2022\n1 Feb 2021–\n19 Feb 2021\nA2020-29 amendments by\nA2019-13,\nA2019-38 and\nA2020-29\nR17 (RI)\n23 Sept 2022\n20 Feb 2021–\n16 Aug 2022\nA2021-1 amendments by\nA2021-1\nR18 (RI)\n17 Aug 2022\n17 Aug 2022–\n29 Mar 2023\nA2022-13 amendments by\nA2022-13\n30 Mar 2023\n30 Mar 2023–\n11 Apr 2023\nA2022-13 expiry of provisions\n(div 6.6)\n12 Apr 2023\n12 Apr 2023–\n12 Sept 2023\nA2023-12 amendments by\nA2023-12\n13 Sept 2023\n13 Sept 2023–\n26 Mar 2024\nA2023-33 amendments by\nA2023-33\n27 Mar 2024\n27 Mar 2024–\nA2023-45 amendments by\nA2023-45\n\nExpired transitional or validating provisions 6\nfor\n11 July 2024–\n31 Oct 2025\nA2024-33 amendments by\nA2024-33\n1 Nov 2025\n1 Nov 2025–\n25 Nov 2025\nA2025-22 amendments by\nA2025-22\n26 Nov 2025\n26 Nov 2025–\n15 Dec 2025\nA2025-29 amendments by\nA2025-29\n16 Dec 2025\n16 Dec 2025–\n1 Feb 2026\nA2025-39 amendments by\nA2025-39\n2 Feb 2026\n2 Feb 2026–\n22 Feb 2026\nA2025-39 expiry of\ntransitional\nprovisions (pt 9)\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":140}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has materially broadened in scope since its original child‑focused background‑checking role. Amendments have (a) extended coverage explicitly to NDIS activities and integrated obligations for registered NDIS providers and their key personnel (s8A, ss18A, 42A); (b) expanded the list of regulated activities to cover a wide range of adult 'vulnerable people' services (Schedule 1); (c) introduced a two‑tier disqualifying offence regime (Class A/Class B) with an extensive Schedule of offences and special rules for kinship carers (ss11B, 11C, sch3); (d) added stronger information‑sharing and inter‑agency powers (pt 7A, ss63A–63C); and (e) increased administrative tools for the regulator — conditional and role‑based registrations, interim bars/conditions, independent advisors, and automatic cancellation for certain convictions (ss42–42C, 15A, 54A, 56A, ss34–36). These changes move the Act from a narrower child‑safety checking law to a broader, cross‑sector preventive screening and monitoring regime affecting government agencies, regulated service providers and their workforces."},"complexity_factors":["Lengthy Act with multiple Parts, Divisions and extensive Schedules (Schedule 1 lists many categories of 'regulated activities'; Schedule 3 enumerates disqualifying offences across Class A and B).","Large schedule of disqualifying offences: Schedule 3 contains around 120+ listed items and multiple cross‑conditions (class A vs class B rules).","Extensive defined terms and cross‑references (dictionary plus repeated references to other Acts: NDIS Act, Children and Young People Act, Criminal Code, Spent Convictions Act, Road Transport Acts, etc).","Many conditional rules and nested exceptions (eg numerous exceptions to registration in s12; conditional, interim and role‑based registration in ss42, 42A, 42B, 54A; automatic cancellation in s56A).","Complex risk‑assessment machinery: mandatory risk assessment guidelines (ss27–31) that incorporate criminal history, non‑conviction information and other discretionary material, and that are themselves disallowable instruments.","Delegation and advisory structure: appointment and use of independent advisors with mandated composition and terms (ss34–36).","Multiple reviewable decisions and tribunal review pathways (pt 7, sch2), with procedural timing windows and extension powers (ss38–45).","Significant information‑sharing and confidentiality rules with criminal penalties for misuse, plus authorised disclosure paths to numerous agencies (pt 7A, ss63A–63C, s65).","Numerous criminal offences with both strict liability and fault elements, varied penalties including imprisonment (ss13–14, 21, 48, 55, 65).","Delegated instruments and regulatory discretion: risk guidelines, regulations and ministerial declarations/disallowable instruments affect scope and operation (s27, s8(2), s71)."],"plain_english_summary":"**What this law does (mechanical summary)**\n\n- The Act creates a mandatory background‑checking and registration system for people who work with \"vulnerable people\" in the ACT (\"vulnerable person\" = a child, or an adult who is disadvantaged and receiving services) (s7, s8, sch1).  \n- People who do regulated activities (listed in Schedule 1) generally must be registered before they can engage in that work (s12).  Registration is time‑limited (up to 5 years) and can be unconditional, conditional, interim‑conditional, suspended or cancelled (s41, s42, s54A, s59).  \n- The Act sets out detailed risk‑assessment rules, including required guidelines the commissioner must make about how criminal records, non‑conviction information and other material are weighed (pt 5, ss27–31).  \n- Certain criminal convictions are defined as \"disqualifying offences\" and automatically bar or limit registration for particular classes of work (sch 3; ss11B, 42A, 56A).  \n- The commissioner for fair trading runs the scheme, may request information from other agencies and appoints independent advisors to help with complex decisions (ss33–36).  \n- The Act permits sharing of protected information with specified government and oversight bodies (for example education, police, NDIS regulator) where that sharing helps prevent harm to vulnerable people (pt 7A, ss63A–63C).  \n- The Act creates criminal offences and penalties for operating without required registration, failing to disclose relevant charges or convictions, breaching conditions of registration, and for improper use or disclosure of protected information (ss13–14, 21, 55, 48, 65).  \n- The Executive may make regulations and set fees; many operational details are handled by guideline instruments and regulations which are disallowable (s68, s71, s27).\n\n**Who is affected**\n\n- Workers, contractors, volunteers and others who have \"contact\" (more than incidental contact, defined in s10) with vulnerable people while performing activities listed in Schedule 1 (examples: child care, disability supports, housing, justice services, transport used by vulnerable people) (s8, sch1, s10).  \n- Employers and entities that engage people in regulated activities (wider definition of employer that includes principal contractors, volunteer organisers and NDIS providers) (s11).  \n- Government agencies and regulators who supply or receive information under the Act (pt 7A, ss63A–63C).  \n- People with relevant criminal histories and applicants for registration (ss11A, 24–25, sch3).\n\n**How it works in practice (key operational mechanics)**\n\n- Application and checks: An applicant supplies identity, addresses, an employer (if relevant), consents for criminal history and non‑conviction checks, and other information; the commissioner runs a risk assessment under published guidelines (ss17–19, 27–33).  \n- Temporary work while applying: An unregistered applicant may work under named‑employer supervised arrangements while the application is being considered, unless the commissioner imposes an interim bar (ss15, 15A).  \n- Outcomes: The commissioner must either register the person (possibly with conditions), refuse (negative notice) or impose interim measures while further checks occur (ss37–42, 54–59).  \n- Review and oversight: Many decisions are reviewable by ACAT (administrative tribunal) and the Act requires formal notices for reviewable decisions (pt 7, sch2).  \n- Information flows: The commissioner can request and receive information from many entities, and can provide protected information to specified bodies when needed to prevent harm (ss33, 63A–63C).  \n\n**Stated purpose, then a short test against likely practical effects**\n\n- Official purpose claimed: to prevent harm to vulnerable people by excluding or restricting people who pose an unacceptable risk and to coordinate background‑checking across services (preamble and structure of the Act; see especially s6A \"best interests of vulnerable people paramount\").\n\n- Testing that claim against costs, incentives and trade‑offs (with section references):\n  - Compliance cost and time: Employers and applicants face administrative burden — identity checks, repeated notifications of changes, disclosure obligations, and fees (ss18–19, 21A, 55A, s68). That raises short‑term hiring friction for small providers (s18, s71).  \n  - Labour supply and contract freedom: Role‑based registrations (where a person may be registered only to perform certain activities or for a stated employer) and conditional restrictions limit workers' ability to move between similar jobs or work for multiple employers (s42B, s42C). Businesses that rely on flexible or casual workers may need rostering and supervision changes (s15, s15A).  \n  - Administrative discretion and implementation risk: The commissioner’s decisions rely on risk‑assessment guidelines and substantial discretion, including use of non‑conviction information and independent advisors; that concentrates decision‑making in the regulator and creates legal uncertainty for applicants (pt 5, ss27–36).  \n  - Information sharing and privacy trade‑offs: The Act broadens permitted data sharing (s63A–63C). That helps cross‑agency prevention but increases privacy and compliance risks for handling of protected information (s65).  \n  - Concentrated benefits vs diffuse costs: The primary beneficiaries are vulnerable people and entities that serve them; costs (administrative compliance, possible reduced labour pool) fall on employers, independent contractors and volunteers who must be registered (sch1, s12).  \n  - Enforcement and deterrence: The law uses strict liability for some offences and serious penalties (including imprisonment for knowingly engaging in prohibited conduct) — this increases deterrence but also raises risk of penalising inadvertent non‑compliance, particularly by small organisations without compliance resources (ss13–14, s48).  \n  - Substitution effects: Where registration or conditions block participation in particular roles (eg working with children or NDIS activities), workers may shift to unregulated roles or move interstate — the Act recognises corresponding laws but limits short‑term cross‑jurisdictional work (s12(2)(c), s22A).  \n\n**Where the Act concentrates discretion and costs (implementation risks to watch)**\n\n- The commissioner’s use of \"non‑conviction information\" (information about charges, investigations, spent convictions in some contexts) and reliance on guidelines that are disallowable instruments expand the set of inputs used to bar or condition registration (ss25, 27–31).  \n- Independent advisors are appointed to advise on complex risk assessments, but appointments and the role of their advice are set by the commissioner and guidelines — this institutionalises expert input but centralises influence (ss34–36).  \n- Automatic cancellation and role‑based conditions reduce judicial oversight in some cases and place a high administrative burden on employers to monitor employees’ registration status (ss56A, 42B, 53).  \n\n**Practical takeaways for affected parties**\n\n- Employers should build registration checks and record‑keeping into recruitment and rostering processes, and factor in possible supervised working arrangements for new hires (ss11, 15, 53).  \n- Applicants should disclose charges, convictions and material changes promptly; non‑disclosure carries strict liability penalties (ss21, 21A, 55).  \n- Small providers and sole operators should budget for time and cost of checks and consider the risk that a worker’s conditional registration limits the services the business can provide (ss18, 42B, s68).  \n\n**Primary legal levers to monitor**\n\n- Risk assessment guidelines (disallowable)—they determine how criminal and non‑conviction information is weighted (ss27–31).  \n- Schedules listing regulated activities and disqualifying offences—these lists define who must register and which offences trigger automatic restrictions (sch1, sch3).  \n- Information‑sharing rules and the commissioner’s powers to request information—these shape inter‑agency cooperation and privacy safeguards (ss33, 63A–63C).\n\n\n"},"kimi_summary":{"_metrics":{"completionTokens":879},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2011 scope. Major expansions include: (1) NDIS integration (2019-2020 amendments) adding disability services and national scheme alignment; (2) addition of Class A/B disqualifying offence framework replacing simpler spent convictions approach; (3) new information sharing Part 7A creating extensive data exchange with multiple agencies; (4) role-based registration and independent advisor mechanisms adding procedural complexity; (5) kinship carer specific provisions (2023); and (6) ongoing COVID-19 emergency provisions (now expired) that temporarily modified registration requirements. The original Act was substantially restructured rather than merely amended."},"complexity_factors":["Extensive cross-referencing between Parts, Schedules, and external legislation (NDIS Act, Crimes Act, Children and Young People Act, etc.)","Two-tier disqualifying offence system (Class A and Class B) with different consequences based on victim type and offence circumstances","Multiple overlapping exemption categories in section 12 (17 different exemptions from registration requirement)","Complex conditional registration framework with automatic conditions, role-based conditions, and interim conditions","Detailed risk assessment guidelines that must consider 10+ factors for criminal history and 10+ factors for non-conviction information","Schedule 3 contains 90+ specific offences with varying conditions (e.g., 'offence against vulnerable person' vs 'offence other than against vulnerable person')","Multiple review and reconsideration pathways with strict timeframes (10 working days, 20 working days, 6-month waiting periods)","Information sharing provisions with 15+ designated entities and complex confidentiality protections","Nested definitions throughout (e.g., 'contact' defined by reference to 'incidental' which is then exemplified)","Integration with corresponding laws of other jurisdictions creating potential conflicts addressed through exemption provisions (s 22A)"],"plain_english_summary":"This Act creates a mandatory registration and background‑checking scheme in the ACT for anyone working with vulnerable people (children and disadvantaged adults) in a wide range of services. Applicants undergo risk assessments, face possible refusal, conditional registration, or automatic barring for serious offences, and must report new charges.\n\nIt makes it an offence for employers to engage unregistered workers, enables interagency information sharing and expert advisory input, and imposes significant penalties to protect vulnerable people as the paramount consideration."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/working-with-vulnerable-people-background-checking-act-2011","history":"/api/acts/working-with-vulnerable-people-background-checking-act-2011/history","analysis":"/api/acts/working-with-vulnerable-people-background-checking-act-2011/analysis","conflicts":"/api/acts/working-with-vulnerable-people-background-checking-act-2011/conflicts","importantCases":"/api/acts/working-with-vulnerable-people-background-checking-act-2011/important-cases","documents":"/api/acts/working-with-vulnerable-people-background-checking-act-2011/documents"}}