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)  [*\[Section 28 Subsection (1AA) inserted by No. 17 of 2024, s. 33, Applied:01 Nov 2024\]*](/view/html/inforce/2024-11-01/act-2024-017#GS33@Hpa@EN) 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)  [*\[Section 28 Subsection (1A) inserted by No. 46 of 2015, s. 15, Applied:27 Nov 2015\]*](/view/html/inforce/2015-11-27/act-2015-046#GS15@EN) 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)](#GS28@Gs1A@Hpa@EN) , [(b)](#GS28@Gs1A@Hpb@EN) , [(d)](#GS28@Gs1A@Hpd@EN) , [(e)](#GS28@Gs1A@Hpe@EN) or [(f)](#GS28@Gs1A@Hpf@EN) . > > > (1B)  [*\[Section 28 Subsection (1B) inserted by No. 17 of 2024, s. 33, Applied:01 Nov 2024\]*](/view/html/inforce/2024-11-01/act-2024-017#GS33@Hpb@EN) When determining as part of a risk assessment whether a person poses a risk of harm to vulnerable persons, the Registrar – > > > > > > (a) must consider all of the regulated activities the person will be permitted to engage in, if registered under this Act, and not just the regulated activities specified in the person’s application for registration; and > > > > > > > (b) may take into account any other matter that the Registrar considers relevant; and > > > > > > > (c) may inform himself or herself on any matter as the Registrar thinks fit and is not bound by the rules of evidence including, but not limited to, any rules of evidence relating to tendency, coincidence and credibility. > > > (2)  The risk assessment is to be conducted in accordance with the regulations and the risk assessment order.