sec.234Matters to consider in relation to particular conduct

sec.234 Matters to consider in relation to particular conduct

This section applies if the chief executive is aware of conduct by the person, including alleged conduct, in relation to which there is assessable information of which the chief executive is aware. The chief executive must consider the following matters in deciding whether the person poses a risk to the safety of children— the nature, gravity and circumstances of the conduct; how the person’s conduct is relevant to engaging in regulated employment or the carrying on of a regulated business; how long ago the person’s conduct occurred; if the person’s conduct involved the commission of an offence or another act against another person (the victim )— the victim’s vulnerability at the time of the conduct; and the age difference between the person and the victim at the time of the conduct; and the person’s relationship to, or position of authority over, the victim at the time of the conduct; whether the person’s conduct indicates a pattern of concerning behaviour; the person’s conduct since the conduct mentioned in subsection (1) ; if the person is an Aboriginal person or Torres Strait Islander person—the effect of— systemic disadvantage and intergenerational trauma; and the historical context and limitations on access to justice; any information given by the person in, or in relation to, the application; any other circumstances relevant to the person’s conduct; a report given to the chief executive about the person’s mental health any other matters the chief executive considers relevant. s 234 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 ; 2019 No. 18 s 37 sub 2024 No. 50 s 56 (sec.234-ssec.1) This section applies if the chief executive is aware of conduct by the person, including alleged conduct, in relation to which there is assessable information of which the chief executive is aware. (sec.234-ssec.2) The chief executive must consider the following matters in deciding whether the person poses a risk to the safety of children— the nature, gravity and circumstances of the conduct; how the person’s conduct is relevant to engaging in regulated employment or the carrying on of a regulated business; how long ago the person’s conduct occurred; if the person’s conduct involved the commission of an offence or another act against another person (the victim )— the victim’s vulnerability at the time of the conduct; and the age difference between the person and the victim at the time of the conduct; and the person’s relationship to, or position of authority over, the victim at the time of the conduct; whether the person’s conduct indicates a pattern of concerning behaviour; the person’s conduct since the conduct mentioned in subsection (1) ; if the person is an Aboriginal person or Torres Strait Islander person—the effect of— systemic disadvantage and intergenerational trauma; and the historical context and limitations on access to justice; any information given by the person in, or in relation to, the application; any other circumstances relevant to the person’s conduct; a report given to the chief executive about the person’s mental health any other matters the chief executive considers relevant.