13Nature of risk assessment

13 Nature of risk assessment

13 Nature of risk assessment

(1) A risk assessment is an assessment and determination by the Screening Agency as to whether a person poses a risk of harm to persons with disability.

(2) A reference in this Act to a risk of harm to persons with disability is to be interpreted in accordance with the following principles—

(a) the risk of harm must be a real and appreciable risk of harm,

(b) the risk of harm does not need to be likely or significant,

(c) the risk of harm need not arise from recent events.

(3) In this Act, harm includes but is not limited to the following—

(a) personal harm, which means any detrimental effect on a person’s physical, psychological, emotional or financial well-being,

(b) sexual harm, which means non-consensual or inappropriate conduct of a sexual nature with or towards a person (whether or not that conduct poses a risk of personal harm).