6Conduct of risk assessments and additional risk assessments

6 Conduct of risk assessments and additional risk assessments

(1)  In this clause –

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

(2)  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 and vulnerable adult-related (NDIS endorsed) 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 NDIS-registered person, and the victim; and

(iii) the applicant’s, or NDIS-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 NDIS-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 NDIS-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 NDIS-registered person, and the impact on the eligibility of the applicant, or NDIS-registered person, to be engaged in child and vulnerable adult-related (NDIS endorsed) activity.