28Risk assessments

28 Risk assessments

(1)  On receipt of an application for registration, the Registrar is to conduct a risk assessment of the applicant.

(1AA)  [Section 28 Subsection (1AA) inserted by No. 17 of 2024, s. 33, Applied:01 Nov 2024] Without limiting what the Registrar may consider as part of a risk assessment, a risk assessment of a person requires consideration of each of the following questions, separately, in relation to the person:

(a) whether or not any allegations of previous harm by the person are proven on the balance of probabilities;

(b) whether the person poses an unacceptable risk of harm to a vulnerable person, regardless of whether any allegations of previous harm by the person are proven on the balance of probabilities.

(1A)  [Section 28 Subsection (1A) inserted by No. 46 of 2015, s. 15, Applied:27 Nov 2015] In conducting the risk assessment of a person, the Registrar, if he or she considers it relevant to determining whether the person poses a risk of harm to vulnerable persons generally or a class of vulnerable persons, or to determining the level of such risk, is to take into account –

(a) the person's criminal history; and

(b) the non-conviction information for the person; and

(c) criminal intelligence information relevant to the person; and

(d) the person's past reportable behaviour or similar behaviour under a corresponding law; and

(e) whether the person has been refused registration under this Act or a corresponding law; and

(f) whether the person, under this Act or a corresponding law, has had his or her previous registration under this Act or that law suspended or cancelled; and

(g) the nature of the behaviour, or alleged behaviour, of the person that is relevant to the matter referred to in paragraph (a) , (b) , (d) , (e) or (f) .