32Refusal to register a person and negative notices

32 Refusal to register a person and negative notices

(1)  [Section 32 Subsection (1) amended by No. 17 of 2024, s. 35, Applied:01 Nov 2024] The Registrar must refuse to register a person if –

(a) the Registrar reconsiders a negative risk assessment of a person at the request of a person provided with a proposed negative notice in respect of that negative risk assessment; and

(b) the Registrar remains satisfied that the person poses an unacceptable risk of harm to vulnerable persons generally.

(2)  [Section 32 Subsection (2) amended by No. 17 of 2024, s. 35, Applied:01 Nov 2024] Also, the Registrar must refuse to register a person if –

(a) the Registrar has provided to the person a proposed negative notice; and

(b) the person does not request the Registrar –

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

(ii) within 20 working days after receiving the proposed negative notice or such extended period as the Registrar allows under section 31(3)  –

to reconsider the negative risk assessment that led to the provision of the proposed negative notice.

(2A)  [Section 32 Subsection (2A) amended by No. 17 of 2024, s. 35, Applied:01 Nov 2024] [Section 32 Subsection (2A) inserted by No. 18 of 2019, s. 23, Applied:01 Feb 2021] The Registrar must refuse to register a person if the Registrar is satisfied that the person has been convicted of a disqualifying offence.

(3)  If the Registrar refuses to register a person, the Registrar is to –

(a) notify the person, in writing, of that refusal to register the person and the reasons for it; and

(b) notify any named employer, in writing, of the provision of a negative notice to the person but not of –