6Conduct of risk assessments and additional risk assessments

6 Conduct of risk assessments and additional risk assessments

[Clause 6 Substituted by S.R. 2016, No. 98, Applied:23 Nov 2016]

(1)  In this clause –

matter, in relation to –

(a) a risk assessment, means a matter referred to in clause 5(1) taken into account by the Registrar in conducting the risk assessment; or

(b) an additional risk assessment, means a matter referred to in clause 5(2) taken into account by the Registrar in conducting the additional risk assessment.

(2)  [Clause 6 Subclause (2) substituted by S.R. 2020, No. 100, Applied:01 Feb 2021] If the Registrar considers it relevant to do so in relation to a matter that he or she is taking into account in conducting a risk assessment, or an additional risk assessment, the Registrar may consider –

(a) the nature, gravity and circumstances of an offence, misconduct, disciplinary proceeding or other relevant information relating to the matter, and how this is relevant to child-related activity; and

(b) the length of time that has passed since the matter occurred; and

(c) the vulnerability of the victim at the time of the matter occurring, including –

(i) the age of the victim; and

(ii) the age difference between the applicant, or registered person, and the victim; and

(iii) the applicant’s, or registered person’s, relationship to the victim or position of authority over the victim at the time of the matter occurring; and

(d) the applicant’s, or registered person’s, criminal, misconduct, disciplinary or other relevant history, including whether there is a pattern of concerning conduct; and

(e) the applicant’s, or registered person’s, conduct since the matter occurred; and

(f) all other relevant circumstances in respect of the offending, misconduct or other relevant history of the applicant, or registered person, and the impact on the eligibility of the applicant, or registered person, to be engaged in child-related activity.