30Proposed negative notices

30 Proposed negative notices

(1)  If the Registrar –

(a) conducts a risk assessment of a person; and

(b) is satisfied that the person poses an unacceptable risk of harm to vulnerable persons generally –

the Registrar is to notify the person, in writing, that the Registrar intends to refuse to register the person.

(2)  A notice under subsection (1) is to state –

(a) the reasons for the negative risk assessment; and

(b) that the person may request the Registrar –

(i) in accordance with the procedure prescribed by the regulations or otherwise set out in the notice; and

(ii) within 20 working days after receiving the notice –

to reconsider the negative risk assessment that led to the provision of the notice; and

(c) that, if the person does not so request the Registrar to reconsider the negative risk assessment, the Registrar must provide to the person a negative notice.

(2A)  [Section 30 Subsection (2A) inserted by No. 46 of 2015, s. 17, Applied:27 Nov 2015] Despite subsection (2)(a) , the Registrar is not required to notify a person of the reasons for a negative risk assessment to the extent that to do so would –

(a) prejudice –

(i) the enforcement, or proper administration, of a law in a particular instance; or

(ii) the fair trial of a person for an offence against a law; or

(iii) the impartial adjudication of proceedings relating to an offence against a law; or

(b) disclose, or enable the person to ascertain, the existence or identity of a confidential source of information in relation to the investigation of a contravention, or possible contravention, of the law or the enforcement, or proper administration, of the law; or