5Matters to be taken into account

5 Matters to be taken into account

[Clause 5 Substituted by S.R. 2016, No. 98, Applied:23 Nov 2016]

(1)  In conducting a risk assessment of an applicant, the Registrar may take into account the following matters:

(a) whether the applicant has had multiple changes in his or her name;

(b) whether the applicant has used multiple aliases;

(c) whether the applicant has had multiple changes of address within a short period of time at any point in time before the application;

(d) whether the applicant has had multiple changes of employer within a short period of time at any point in time before the application;

(e) whether the applicant has had large periods of unemployment;

(f) whether the applicant has been the subject of an allegation or a finding by an entity that the applicant has engaged in –

(i) sexual misconduct against, with or in the presence of a child, including the grooming of a child for a sexual act; or

(ii) a serious physical assault of a child;

(g) whether the applicant has been convicted of, or charged with, an offence specified in Schedule 1 ;

(h) whether the applicant is, or has been, the subject of an order under the Children, Young Persons and Their Families Act 1997 , the Family Violence Act 2004 or the Justices Act 1959 and the applicant's conduct has been a factor in the making of the order;

(i) whether the applicant has been the subject of any disciplinary action for misconduct at his or her place of employment, or a place where he or she volunteers;

(j) whether the applicant has included information in the application that may be false or misleading;

(k) whether the applicant has failed to include any relevant information in the application;

(l) any other matter not referred to in paragraph (a) , (b) , (c) , (d) , (e) , (f) , (g) , (h) , (i) , (j) or (k) that the Registrar considers relevant in conducting the risk assessment of the applicant.

(2)  In conducting an additional risk assessment of a registered person, the Registrar may take into account the following matters:

(a) the matters specified in section 28(1A) of the Act;

(b) whether the registered person has had multiple changes in his or her name;

(c) whether the registered person has used multiple aliases;

(d) whether the registered person has had multiple changes of address within a short period of time at any point in time before the application;

(e) whether the registered person has had multiple changes of employer within a short period of time at any point in time before the application;

(f) whether the registered person has had large periods of unemployment;

(g) whether the registered person has been the subject of an application or a finding by an entity that the applicant has engaged in –

(i) sexual misconduct against, with or in the presence of a child, including the grooming of a child for a sexual act; or

(ii) a serious physical assault of a child;

(h) whether the registered person has been convicted of, or charged with, an offence specified in Schedule 1 ;

(i) whether the registered person is, or has been, the subject of an order under the Children, Young Persons and Their Families Act 1997 , the Family Violence Act 2004 or the Justices Act 1959 and the registered person's conduct has been a factor in the making of the order;

(j) whether the registered person has been the subject of any disciplinary action for misconduct at his or her place of employment, or a place where he or she volunteers;

(k) whether the registered person has provided any information that may be false or misleading;

(l) whether the registered person has failed to provide any relevant information;

(m) any other matter not referred to in paragraph (a) , (b) , (c) , (d) , (e) , , , , , , or that the Registrar considers relevant in conducting the additional risk assessment of the registered person.

(3)  The matters referred to in subclauses (1) and (2) are to be taken into account in conducting a risk assessment, or an additional risk assessment, by determining the nature of the behaviour, or alleged behaviour, of the applicant, or registered person, that is relevant to the matters referred to in those subclauses.