Australian Capital Territory act

Working with Vulnerable People (Background Checking) Act 2011

In ForceACT

Jurisdiction

Australian Capital Territory

Act Number

44 of 2011

Collection

act

Plain English Summary

8/10 complexity

This Act requires people who work with children or other vulnerable people to have background checks and be registered before doing listed “regulated activities”. Employers and NDIS providers must ensure workers are registered; the commissioner assesses criminal history, decides registration, and can impose conditions, suspend or cancel registrations (ss 8, 12, 32–41).

It creates compliance costs, penalties for unregistered work, and information‑sharing powers; fees are set by the Minister (s 68). Applicants and employers bear compliance costs and the risk of sanctions.

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Deep Dive

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What it does

The Working with Vulnerable People (Background Checking) Act 2011 establishes a statutory framework in the ACT for background checking, risk assessment, registration, monitoring and information sharing for people who engage in activities or services that involve contact with vulnerable people. Mechanically the Act creates the following system:

Defines the universe of regulated activities, by reference to a detailed Schedule 1 (children, disability, mental health, justice settings, transport, coaching, religious organisations, clubs and others) and by including NDIS activities (s 8, s 8A, sch 1). The Minister may also prescribe or exclude activities (s 8(1)(a), (2)).
Makes registration mandatory for people who engage in regulated activities, and for key personnel of registered NDIS providers (s 12(1)). The Act lists exemptions and limited exceptions (s 12(2)-(4)).
Requires applicants to give identity information, consent to checks, previous addresses and employer details where relevant, and to disclose convictions, charges and investigations (s 18, s 18A, s 21, s 21A).
Entrusts the commissioner for fair trading with conducting risk assessments under guidelines the commissioner must make (Pt 5, s 27-31, s 32). Risk assessments use criminal history, non‑conviction information, prior registration or negative notices, and other information the commissioner considers relevant (s 28(2)).
Provides for a decision pathway: proposed negative notices (s 37), opportunity for reconsideration (s 38), negative notices (s 40), positive risk assessments leading to registration (s 41), and conditional or role‑based registrations (s 42, s 42B-42C). Registration lasts no longer than five years (s 41(4)).
Establishes monitoring and post‑registration review mechanisms, including additional risk assessments on new relevant information (s 53-54), interim conditions (s 54A), suspension and cancellation powers (s 56A, s 57-59), and limits on re‑application after negative notices or cancellations (s 22).

Current sections

Direct links to the current provisions in Working with Vulnerable People (Background Checking) Act 2011.

141

Part 1

2 Activities or services for vulnerable people 87

Part 1.2 Activities or services for vulnerable people 87 1.8 Mental health 87 1.9 Migrants, refugees and asylum seekers 87 1.10 Homeless people 88 1.11 Housing and accommodation 88 1.12 Justice facilities 89 1.13 Prevention of crime 89 1.14 Victims of crime 90 1.15 Services for addictions 90 1.16 Community services 91 1.17 Disability services 91 1.18 Respite care services 92 1.19 Emergency services personnel 92

Page contents 6 Working with Vulnerable People (Background Checking) Part 1.3 Other activities or services for vulnerable people 93 1.20 Transport 93 1.21 Coaching and tuition 94 1.22 Vocational and educational training 95 1.23 Religious organisations 95 1.24 Clubs, associations and movements 96 Schedule 2 Reviewable decisions 97 Schedule 3 Disqualifying offences 98 Part 3.1 Definitions 98 3.1 Definitions—sch 3 98 Part 3.2 Class A disqualifying offences 99 Part 3.3 Class B disqualifying offences 111 Dictionary 125 1 About the endnotes 129 2 Abbreviation key 129 3 Legislation history 130 4 Amendment history 135 5 Earlier republications 143 6 Expired transitional or validating provisions 145

An Act to provide for background checking and registration of people who work with vulnerable people, and for other purposes

Name of Act

1 Name of Act This Act is the Working with Vulnerable People (Background Checking) Act 2011.

Dictionary

4 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘spent, for a conviction—see the Spent Convictions Act 2000, section 7.’ means that the term ‘spent’ is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

Notes

5 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1

Offences against Act—application of Criminal Code etc

6 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Best interests of vulnerable people paramount

6A Best interests of vulnerable people paramount consideration (1) A person making a decision under this Act must regard the best interests of vulnerable people as the paramount consideration. (2) In forming a view about the best interests of vulnerable people, a person making a decision under this Act must take into account the safety, welfare and protection of vulnerable people.

Who is a vulnerable person?

7 Who is a vulnerable person? vulnerable person means— (a) a child; or (b) an adult who is— (i) disadvantaged; and (ii) accessing a regulated activity in relation to the disadvantage. Examples—disadvantaged 1 an adult with a physical or mental disability 2 an adult who suffers social or financial hardship 3 an adult who cannot communicate, or who has difficulty communicating, in English

What is a regulated activity?

8 What is a regulated activity? regulated activity— (a) means an activity or service— (i) mentioned in schedule 1; or (ii) that is an NDIS activity; or (iii) prescribed by regulation; but (b) does not include an activity or service declared by the Minister under subsection (2).

(2) The Minister may declare that a stated activity or service is not a regulated activity. (3) A declaration is a disallowable instrument.

What is an NDIS activity?

8A What is an NDIS activity? NDIS activity means a support or a service provided to people with a disability by a registered NDIS provider under the NDIS Act.

When is a person engaged in a regulated activity?

9 When is a person engaged in a regulated activity? A person is engaged in a regulated activity if the person— (a) has contact with a vulnerable person as part of engaging in the Note Contact, between a person and a vulnerable person as part of engaging in a regulated activity—see s 10. (b) is engaged in the activity in any capacity and whether— (i) for reward or otherwise; or (ii) under an arrangement with someone else or otherwise. Examples—capacity in which engaged in activity 1 employee 2 contractor or subcontractor 3 consultant 4 self-employed person 5 apprentice 6 volunteer 7 agent 8 supervisor 9 person on a work experience placement for an educational or vocational course

10 person carrying out work for a sentence, including a community service order 11 minister of religion for a religious organisation

What is contact with a vulnerable person?

10 What is contact with a vulnerable person? contact, between a person and a vulnerable person as part of engaging in a regulated activity, means contact that— (a) would reasonably be expected as a normal part of engaging in the activity; and (b) is more than incidental to engaging in the activity; and Example—incidental a person works in the same building as a vulnerable person, but does not have any physical contact or face-to-face communication with the vulnerable (c) is 1 or more of the following: (i) physical contact, including engaging in the activity at the same place as the vulnerable person; (ii) oral communication, whether face-to-face or by telephone; (iii) written communication, including— (A) electronic communication; or (B) dealing with a record relating to the vulnerable person; (iv) making a decision that affects the vulnerable person; and

(d) for an NDIS activity—is more than incidental contact under the National Disability Insurance Scheme (Practice Standards— Worker Screening) Rules 2018 (Cwlth), rule 6. Examples—contact 1 A water main bursts at a school during school hours. A plumber is called to the school to fix the problem. Despite working near children, the plumber’s contact with the children is not contact for this Act for either of the following reasons: (a) it would not reasonably be expected as a normal part of plumbing; (b) it is incidental to the plumber’s activity.

A school janitor routinely carries out minor repairs at a school during school

2 A school janitor routinely carries out minor repairs at a school during school hours. The janitor’s contact with the children is contact for this Act as the contact— (a) would reasonably be expected as a normal part of the janitor’s activities; and (b) is not incidental to the janitor’s activities; and (c) is physical contact, as the janitor is carrying out the activities in the same place as children.

Who is an employer?

11 Who is an employer? employer, in relation to a regulated activity— (a) means an entity for whom a person engages in the activity; and (b) includes an entity who— (i) in the course of business, arranges for the placement of a person in employment with others; and (ii) engages a person under a contract to perform work; and

(iii) engages a worker to perform work as a volunteer for the person under an agreement (whether written or unwritten). Examples—employer 1 principal contractor is an employer of a subcontractor 2 charitable organisation is an employer of a volunteer 3 religious organisation is an employer of a minister of religion 4 a registered NDIS provider is an employer of a person engaged in an NDIS activity Note Entity includes an unincorporated body and a person (including a person occupying a position) (see Legislation Act, dict, pt 1).

11A

Meaning of relevant offence

11A Meaning of relevant offence relevant offence means any of the following offences (whether committed in the ACT or elsewhere): (a) a sexual offence; (b) an offence against the person; (c) an offence involving violence; (d) an offence involving dishonesty or fraud; (e) an offence relating to property; (f) an offence involving possession of, or trafficking in, a drug of dependence or controlled drug; (g) an offence against an animal; (h) a driving offence; (i) a disqualifying offence. Note A reference to an offence includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).

11B

Meaning of disqualifying offence etc

11B Meaning of disqualifying offence etc class A disqualifying offence means an offence against— (a) a provision of a law mentioned in schedule 3, part 3.2, column 2, if any condition mentioned in column 4 for the offence is met; or (b) a provision of a law declared to be a class A disqualifying offence, if any condition declared for the offence is met. class B disqualifying offence means an offence against— (a) a provision of a law mentioned in schedule 3, part 3.3, column 2, if any condition mentioned in column 4 for the offence is met; or (b) a provision of a law declared to be a class B disqualifying offence, if any condition declared for the offence is met. disqualifying offence means a class A disqualifying offence or a class B disqualifying offence. (2) The Minister may declare— (a) either of the following to be a class A disqualifying offence or a class B disqualifying offence: (i) a provision of a law of the Commonwealth, another State or a foreign country that corresponds, or substantially corresponds, to a provision of a law mentioned in— (A) for a class A disqualifying offence—schedule 3, part 3.2, column 2; and (B) for a class B disqualifying offence—schedule 3, part 3.3, column 2; Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

(ii) a provision of a law that has been omitted, or omitted and remade with changes; and Note A conviction against an offence under a provision of a law that has been omitted or remade does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)). (b) any condition that must be met for an offence declared under paragraph (a) to be a disqualifying offence. (3) A declaration is a disallowable instrument.

11C

Disqualifying offences—kinship care activities

11C Disqualifying offences—kinship care activities (1) This section applies if a person— (a) applies for registration under section 17; and (b) is engaged, or seeking registration to engage, only in a kinship care activity; and (c) has an adult conviction or finding of guilt for a class A (2) The person’s class A disqualifying offence is taken to be a class B disqualifying offence in relation to the application for registration. kinship care activity means an activity conducted as a kinship carer under the Children and Young People Act 2008, part 15.4 (Out-of-home carers). Note An activity conducted, or a service provided, by a kinship carer under the Children and Young People Act 2008 is a regulated activity (see sch 1, s 1.1 (2)).

When is a person required to be registered?

12 When is a person required to be registered? (1) A person is required to be registered— (a) to engage in a regulated activity; or (b) if the person is one of the key personnel of a registered NDIS provider that is providing an NDIS activity. (2) However, a person is not required to be registered to engage in a regulated activity if the person is— (a) under 16 years old; or (b) engaged in the activity for not more than— (i) 3 days in any 4-week period; and (ii) 7 days in any 12-month period; or (c) registered under a corresponding law and— (i) the activity is substantially similar to a regulated activity the person is allowed to engage in under the corresponding law; and (ii) the person is engaged in the activity for not more than 28 days in any 12-month period; or Note Corresponding law—see the dictionary. (d) a close relative of each vulnerable person taking part in the activity with whom the person has contact; or (e) engaged in the activity as a volunteer and— (i) is a close relative of a vulnerable person taking part, or who normally takes part, in the activity; and

(ii) a close relative of each vulnerable person taking part in the activity is engaged, or expected to be engaged, in the activity; or 1 playgroup 2 a club sporting event for children at which a parent of each child is expected to be present 3 a pottery class for children in which a parent of each child also takes part (f) engaged in the activity in the same capacity as a vulnerable person; or 1 players in a sporting team 2 work colleagues (g) engaged in the activity as a school student on a work experience placement or doing practical training; or (h) an employer or supervisor of a vulnerable person, unless the vulnerable person is engaged in a regulated activity; or 1 A person supervising a school student on a work experience placement at a childcare centre is required to be registered. 2 A person supervising a school student on a work experience placement at an accounting firm is not required to be registered. (i) engaged in the activity as— (i) a police officer, including a police officer (however described) of another jurisdiction; or (ii) an AFP appointee within the meaning of the Australian Federal Police Act 1979 (Cwlth); or (iii) a health practitioner; or (iv) a lawyer; or

(v) a staff member of, or volunteer for, a registered provider under the Aged Care Act 2024 (Cwlth); or (vi) a financial services licensee under the Corporations Act; or (j) engaged in the activity for a court or tribunal as an interpreter for a vulnerable person who cannot communicate, or who has difficulty communicating, in English; or (k) engaged in the activity for a Commonwealth or Territory government agency and the only contact the person has with a vulnerable person is providing a service to the vulnerable person at a public counter or shopfront, or by telephone; or an administrative worker employed by Centrelink or Medicare (l) engaged in the activity and the only contact the person has with a vulnerable person is providing information to, or receiving information from, the vulnerable person by telephone; or an employee or volunteer working on a helpline or at a call centre (m) engaged in the activity and the only contact the person has with a vulnerable person is working with a record of the vulnerable person; or (n) engaged in the activity for a declared state of emergency; or Note A state of emergency may be declared under the Emergencies Act 2004, s 156.

(o) engaged in the activity for a Territory or national event and the commissioner declares that the person is not required to be registered for the activity; or Examples—Territory or national event 1 Paralympics 2 World Youth Day Note Commissioner means the commissioner for fair trading (see the dictionary). (p) not required to be registered under section 16 (3); or (q) a person prescribed by regulation. (3) Subsection (2) (b) does not apply to a person if the activity engaged in is— (a) an overnight camp for children; or (b) an NDIS activity that involves contact with a vulnerable person. (4) A declaration is a disallowable instrument. (5) In this section: close relative, of a vulnerable person, means the vulnerable person’s— (a) domestic partner; or Note Domestic partner—see the Legislation Act, s 169. (b) father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or (c) son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or (d) brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or

(e) uncle, aunt, uncle-in-law or aunt-in-law; or (f) nephew, niece or cousin. day includes part of a day. key personnel, of a registered NDIS provider—see the NDIS Act, section 11A. school means a high school or secondary college.

Offences—person engage in regulated activity for which

13 Offences—person engage in regulated activity for which person not registered (1) A person commits an offence if the person— (a) engages in a regulated activity; and (b) is required to be registered to engage in the activity; and (c) does not have a registration allowing the person to engage in the Note 1 A person with conditional registration might not be allowed to engage in all regulated activities (see s 42 and s 54A). Note 2 A person whose registration is suspended does not have a registration allowing the person to engage in a regulated activity (see s 59 (5)). Note 3 The employer for the regulated activity also commits an offence (see s 14). (3) A person commits an offence if the person— (a) engages in a regulated activity; and (b) is required to be registered to engage in the activity; and

(c) does not have a registration allowing the person to engage in the (d) knows, or is reckless about whether, the person— (i) is engaging in a regulated activity; and (ii) is required to be registered to engage in the activity. (4) Strict liability applies to subsection (3) (c). (5) This section does not apply to a person if— (a) the person is not registered; but (b) the person engages in a regulated activity under section 15 or section 16. Note 1 An unregistered person who has applied for registration may engage in a regulated activity for which the person is required to be registered in certain circumstances (see s 15 and s 16). Note 2 The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).

Offences—employer engage person in regulated activity

14 Offences—employer engage person in regulated activity for which person not registered (1) An employer commits an offence if— (a) the employer engages a person in a regulated activity; and (b) the person is required to be registered to engage in the activity; and

(c) the person does not have a registration allowing the person to engage in the activity. Note 1 A person with conditional registration might not be allowed to engage in all regulated activities (see s 42 and s 54A). Note 2 A person whose registration is suspended does not have a registration allowing the person to engage in a regulated activity (see s 59 (5)). (3) An employer commits an offence if— (a) the employer engages a person in a regulated activity; and (b) the person is required to be registered to engage in the activity; and (c) the person does not have a registration allowing the person to engage in the activity; and (d) the employer knows, or is reckless about whether— (i) the employer is engaging the person in a regulated activity; and (ii) the person is required to be registered to engage in the (4) Strict liability applies to subsection (3) (c).

(5) This section does not apply to an employer if an unregistered person engages in a regulated activity for the employer under section 15 or section 16. Note 1 An unregistered person who has applied for registration may engage in a regulated activity for which the person is required to be registered in certain circumstances (see s 15 and s 16). Note 2 The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).

When unregistered person may be engaged in regulated

15 When unregistered person may be engaged in regulated activity—supervised employment (1) This section applies to an unregistered person if— (a) the person has applied for registration under section 17; and (i) imposed an interim bar on the person under section 15A; or (ii) registered the person under section 41; or (iii) given the person a negative notice under section 40; and (c) the person has not withdrawn the application. (2) The person may engage in a regulated activity for which the person is required to be registered if— (a) the person is eligible; and (b) the person included a named employer for the activity on the person’s application for registration; and Note Named employer—see s 18 (1) (d) (i). (c) the named employer has agreed to engage the person in the

(d) a registered person is present at all times while the unregistered person is engaged in the activity; and (e) for an NDIS activity— (i) the person is registered under a corresponding law; or (ii) if the person is not registered under a corresponding law— (A) the employer has put in place strategies to manage any potential risk of harm to a vulnerable person; and (B) the registered person mentioned in paragraph (d) is registered to engage in an NDIS activity. Note An unregistered person who is engaging in a regulated activity under this section commits an offence under s 13 if the person continues to engage in the activity after— (a) the person’s application for registration is withdrawn (see s 20); or (b) the person is given a negative notice (see s 40). (3) To remove any doubt, nothing in this section prevents an employer refusing to engage an unregistered person in a regulated activity. eligible—a person is eligible if— (a) the person has not previously been given a negative notice under this Act or a corresponding law; and (b) the person has not had a previous registration suspended or cancelled; and (c) the person’s most recent registration (if any) was not conditional.

15A

Interim bar—supervised employment

15A Interim bar—supervised employment (1) Despite section 15, the commissioner may impose an interim bar on an unregistered person, stopping the person from engaging in either of the following activities, if the commissioner reasonably believes that the person poses an unacceptable risk of harm to a vulnerable person: (a) a regulated activity involving children; Note A decision under s (1) is a reviewable decision (see s 61). (2) The commissioner must tell the person, in writing, about the person’s interim bar. (3) The interim bar takes effect on the day after the day the commissioner tells the person, in writing, about the interim bar, and continues until the earlier of— (a) the day the commissioner notifies the person, in writing, that the bar is removed; or (b) the day the person’s application for registration is decided. (4) A person may apply to the commissioner to remove an interim bar that has been in effect for at least 6 months. (5) The commissioner must, on application— (a) remove the person’s interim bar; or (b) refuse to remove the person’s interim bar. Note A decision under s (5) (b) is a reviewable decision (see s 61). (6) The commissioner must not refuse to remove a person’s interim bar unless the commissioner reasonably believes the person poses an unacceptable risk of harm to a vulnerable person.

When unregistered person may be engaged in regulated

16 When unregistered person may be engaged in regulated activity—kinship carer or foster carer (1) This section applies to an unregistered person if the person is engaged in a regulated activity mentioned in schedule 1, section 1.1 (Child protection services) as— (a) a kinship carer; or (b) a foster carer. (2) The person may engage in the regulated activity if— (a) the person has applied for registration under section 17; and (b) the commissioner has not given the person a negative notice under section 40; and (c) the person has not withdrawn the application; and (d) the person is eligible. (3) The person is not required to be registered to engage in the activity if the person is an approved carer under the Children and Young People Act 2008, section 514B (3) (c). Note Under the Children and Young People Act 2008, section 514B (3) (c), the director-general may approve an unregistered person as an approved carer for a child or young person if— (a) the person is to be authorised to be a kinship carer or foster carer; and (b) the director-general is satisfied that the person is a significant person for the child or young person, has a familiar relationship with the child or young person and does not pose an unacceptable risk to the child or young person, and that the approval is in the best interests of the child or young person.

eligible—see section 15 (4). foster carer—see the Children and Young People Act 2008, section 518.

16A

Meaning of application—pt 4

16A Meaning of application—pt 4 In this part: application, for registration, includes an application for renewal of

Application for registration

17 Application for registration (1) A person may apply to the commissioner for registration under this Act, other than registration to engage in a regulated activity for which the person is not eligible to be registered. (2) A person who has an adult conviction or finding of guilt for a class A disqualifying offence is not eligible to be registered to engage in— Note If the person is registered to engage in another regulated activity, the registration is subject to the condition that the person not engage in a regulated activity involving children or an NDIS activity (see s 42A). (3) Also, if either of the following apply, a person is not eligible to be registered to engage in a regulated activity involving children: (a) the person has received a negative notice (however described) for engaging in a regulated activity involving children under a corresponding law; (b) the person has their registration for engaging in a regulated activity involving children cancelled under a corresponding law. (4) A registered person may apply to the commissioner, not later than the day the person’s registration expires, to renew the person’s

(5) If a person applies to renew their registration, the person’s registration remains in force until the application is decided. (6) This section is subject to section 22.

Application for registration—contents

18 Application for registration—contents (1) An application for registration must include— (a) the applicant’s name and any previous name; and (b) the applicant’s current home address, and any previous home address in the 5 years before applying; and (c) evidence of the applicant’s identity; and 100 points of identification (d) if the applicant engages, or intends to engage, in a regulated activity for a particular employer, or in an NDIS activity— (i) the employer (the named employer) for the activity; and (ii) the named employer’s address and contact details; and (iii) the capacity in which the applicant engages, or intends to engage, in the activity for the named employer; and (iv) if the named employer is a registered NDIS provider—the provider’s registration number; and (e) anything else prescribed by regulation.

(2) The application must be accompanied by— (a) a consent by the applicant for the commissioner to— (i) check the applicant’s criminal history, non-conviction information and any other information about the applicant that may be relevant in deciding the application; and Note 1 Criminal history, about a person—see s 24. Note 2 Non-conviction information, about a person—see s 25. (ii) seek information or advice from any entity in relation to the applicant’s— (A) application under section 33; or (B) registration under section 53; and (iii) contact the named employer (if any) in relation to the status of the applicant’s application or registration; and Note For example, the commissioner must tell a person’s employer if the commissioner refuses to consider the person’s application further (see s 19 (3)), if the person withdraws an application (see s 20 (3) (a)), if the commissioner refuses to register the person (see s 40 (2) (b)), if there is a change in an applicant’s registration status as a result of an additional risk assessment (see s 54), or if a person’s registration is suspended or cancelled (see s 59 (2) (b)) or surrendered (see s 60 (3)). (b) a written statement by the applicant stating— (i) whether the applicant has been convicted or found guilty of a relevant offence outside Australia; and (ii) if the applicant has been convicted or found guilty of a relevant offence outside Australia—details of the offence; and

(c) a written statement by the applicant about whether an allegation has been made, or an investigation has commenced, in relation to a regulated activity engaged in by the applicant, and if so, the details of the allegation or investigation; and Examples—allegation or investigation 1 a complaint or investigation about noncompliance of an approved care and protection organisation under the Children and Young People Act 2008, div 10.4.3 involving conduct by the applicant 2 an allegation or investigation of misconduct within a regulated activity (d) anything else prescribed by regulation. (3) The commissioner must tell the applicant in writing about the following: (a) the rights and obligations of the applicant under this Act; (b) information the applicant may supply to support the application; (c) the risk assessment guidelines mentioned in division 5.2 and where to find a copy. Note The commissioner may tell the applicant about the matters in s (3) in any way the commissioner considers appropriate, including on a form or in guidelines made for this Act.

18A

Application for registration for NDIS activity—additional

18A Application for registration for NDIS activity—additional contents (1) An application for registration to engage in an NDIS activity must also be accompanied by— (a) consent by the applicant for the commissioner to— (i) give information about the status of the applicant’s application to the NDIS quality and safeguards commission, a registered NDIS provider or an entity administering a corresponding law; and (ii) give information about the applicant to the NDIS quality and safeguards commission or a law enforcement agency, if the commissioner is satisfied on reasonable grounds that the information is relevant to preventing harm or a risk of harm to a vulnerable person; and (iii) if the commissioner decides to register the applicant— request information or advice from any entity the commissioner considers may be able to give information or advice that is relevant to whether a registered person continues to pose no risk or an acceptable risk of harm to a vulnerable person; and (b) a written statement by the applicant about whether the applicant— (i) has previously been given a negative notice (however described) under this Act or a corresponding law; and (ii) has had a relevant civil penalty imposed upon them; and (iii) has either of the following made against them: (A) a family violence order under the Family Violence Act 2016 or a law of another jurisdiction that substantially corresponds to that Act;

(B) a protection order under the Personal Violence Act 2016 or a law of another jurisdiction that substantially corresponds to that Act; and (iv) has parental responsibility for a child or young person for whom any care and protection order under the Children and Young People Act 2008, or a law of another jurisdiction that substantially corresponds to that Act, is or has been in place; and (c) anything else prescribed by regulation. law enforcement agency means each of the following: (a) the Australian Federal Police; (b) the police service or force of a State, another Territory or a foreign country; (c) the Australian Criminal Intelligence Commission; (d) an entity prescribed by regulation. relevant civil penalty means a civil penalty prescribed by regulation.

Application for registration—additional information

19 Application for registration—additional information (1) The commissioner may, in writing, require an applicant to give the commissioner additional information in writing or documents that the commissioner reasonably needs to decide the application. (2) If the applicant does not comply with a requirement under subsection (1), the commissioner may refuse to consider the application further. (3) If the commissioner refuses to consider the application further, the commissioner must tell the following of the refusal: (a) the applicant; (b) the named employer (if any). misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

Application for registration—withdrawal

20 Application for registration—withdrawal (1) An applicant may withdraw an application at any time by written notice to the commissioner. (2) However, an applicant must not withdraw an application if the commissioner has imposed an interim bar on the person under section 15A. (3) If an application is withdrawn the commissioner— (a) must tell the named employer (if any) that the application has been withdrawn; and (b) need take no further action on the application. Note If an unregistered person engaging in a regulated activity under s 15 withdraws the person’s application for registration, the person commits an offence under s 13 if the person continues to engage in the activity.

Offences—applicant fail to disclose charge, conviction or

21 Offences—applicant fail to disclose charge, conviction or finding of guilt for relevant offence (c) the person is charged with a relevant offence; and (d) the person does not tell the commissioner about the charge in writing within 10 working days after the day the person is charged. (2) A person commits an offence if— (c) the person is convicted or found guilty of a relevant offence; and (d) the person does not tell the commissioner about the conviction or finding of guilt in writing within 10 working days after the day the person is convicted or found guilty. (3) An offence against this section is a strict liability offence.

21A

Offence—applicant fail to disclose change in relevant

21A Offence—applicant fail to disclose change in relevant information (c) there has been a change in relevant information about the person since the person applied for registration; and (d) the person does not tell the commissioner about the change in relevant information, in writing, within 10 working days after the day the information changes. relevant information, about a person, means information about— (a) an allegation or investigation mentioned in section 18 (2) (c); or (b) for a person who has applied for registration to engage in an NDIS activity—a matter mentioned in section 18A (1) (b).

Restriction on reapplying for registration

22 Restriction on reapplying for registration (1) This section applies to a person if— (a) the person is given a negative notice; or Note Negative notice—see s 40 (2). (b) the person’s registration is cancelled.

(2) The person may apply for registration under section 17 only if— (a) it is at least 5 years after the day— (i) the person was given the negative notice; or (ii) the cancellation took effect; or Note For when a cancellation takes effect, see s 59 (4). (b) there has been a change in relevant information about the person since— (i) the person was given the negative notice; or (ii) the cancellation took effect 1 a person has been acquitted of a previously pending charge for a relevant 2 a person’s conviction for a relevant offence has been quashed (3) However, subsection (2) (a) does not apply to a person if— (a) the negative notice was given or registration cancelled because the person was not eligible, or stopped being eligible, to be registered under section 17 (2); and (b) the person is applying for registration to engage in a regulated activity involving children or an NDIS activity. 1 the person’s conviction for the class A disqualifying offence is quashed 2 the person becomes a kinship carer for a child Note A negative notice must be given under s 40 (1) (a) if the person is not eligible to be registered. Registration is automatically cancelled under s 56A if the person is not eligible to be registered. (4) The risk assessment guidelines may provide for what constitutes a change in relevant information about the person.

(5) In this section: cancellation, of registration, includes a cancellation (however described) of registration under a corresponding law. negative notice includes a negative notice (however described) under a corresponding law.

22A

Exemption from s 17 (3)—corresponding law inconsistent

22A Exemption from s 17 (3)—corresponding law inconsistent with territory law (1) The commissioner may, on written application by a person (the applicant), grant the applicant an exemption from the operation of section 17 (3) if the commissioner is satisfied on reasonable grounds that— (a) the applicant was given a negative notice (however described), or the applicant’s registration was cancelled, under a corresponding law in relation to engaging in a regulated activity involving children because the applicant has an adult conviction or finding of guilt for an offence; and (b) the offence is a non-corresponding offence; and (c) the applicant has demonstrated that because of the operation of section 17 (3) the negative notice or cancellation results in an adverse effect on the applicant in the ACT, to an extent that is an unreasonable limitation on the applicant’s rights under the Human Rights Act 2004. (2) The application must— (a) be in writing; and (b) include any information prescribed by regulation; and (c) comply with any requirements prescribed by regulation. misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

(3) The commissioner may— (a) by written notice, require an applicant to give the commissioner information that the commissioner reasonably needs to decide the application, within a stated time, at a stated place; and (b) if the applicant does not comply with a requirement in the notice—refuse to consider the application further. non-corresponding offence means an offence mentioned in a corresponding law— (a) for which a conviction or finding of guilt would, under the corresponding law, result in the convicted person not being eligible, or stopping being eligible, to be registered to engage in a regulated activity involving children; and (b) that does not substantially correspond to a class A disqualifying offence.

Important concepts Division 5.1

Div 5

1 Important concepts

Division 5.1 Important concepts

Meaning of risk assessment

23 Meaning of risk assessment risk assessment, for a person, means an assessment by the commissioner of whether the person poses an unacceptable risk of harm to a vulnerable person. Examples—harm 1 sexual 2 physical 3 emotional 4 financial (2) It does not matter whether the risk of harm arises from neglect, abuse or other conduct by the person.

Meaning of criminal history

24 Meaning of criminal history criminal history, about a person, means any conviction of, or finding of guilt against, the person for a relevant offence. Note A conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).

Meaning of non-conviction information

25 Meaning of non-conviction information non-conviction information, about a person, means any of the following information: (a) the person has an outstanding charge for a relevant offence;

(b) the person has been charged with a relevant offence but the charge has lapsed, been withdrawn or discharged, or struck out; (c) the person has been acquitted of an alleged relevant offence; (d) the person has had a conviction for an alleged relevant offence quashed or set aside; (e) the person has been served with an infringement notice for an alleged relevant offence; (f) the person has a spent conviction for a relevant offence. Note The Spent Convictions Act 2000 sets out which convictions can be spent (see that Act, s 11) and when a conviction is spent (see that Act, s 12).

Risk assessment guidelines

27 Risk assessment guidelines (1) The commissioner must make guidelines (risk assessment guidelines) about how risk assessments are to be conducted under this Act. (2) A guideline may apply, adopt or incorporate an instrument, as in force from time to time. Note 1 The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). Note 2 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)). (3) A risk assessment guideline is a disallowable instrument.

Risk assessment guidelines Division 5.2

Risk assessment guidelines—content

28 Risk assessment guidelines—content (1) The risk assessment guidelines must provide for— (a) matters the commissioner must or may take into account in conducting a risk assessment; and (b) how those matters must or may be taken into account. (2) The risk assessment guidelines must provide for the following to be taken into account in conducting a risk assessment for a person in relation to a regulated activity: (a) the person’s criminal history; Note The risk assessment guidelines must provide for certain matters in relation to relevant offences in the person’s criminal history (see s 29). (b) non-conviction information about the person; Note The risk assessment guidelines must provide for certain matters in relation to relevant offences, and alleged relevant offences, in the person’s non-conviction information (see s 30). (c) whether the person was previously given a negative notice under this Act or a corresponding law; (d) whether the person was previously registered under this Act or a corresponding law (including whether the registration was suspended or cancelled);

(e) any other information the commissioner believes on reasonable grounds is or may be relevant in deciding whether, in engaging in the activity, the applicant poses a risk of harm to a vulnerable Examples—par (e) 1 an order made against the person made under the Family Violence Act 2016 or Personal Violence Act 2016 2 a care and protection order under the Children and Young People Act 2008 for a child for whom the person has or had parental responsibility under that Act 3 a professional disciplinary proceeding against the person Note The risk assessment guidelines must provide for certain matters to be taken into account in relation to other information—see s 31. (3) The risk assessment guidelines must provide that— (a) the applicant may make submissions to the commissioner in relation to any matter the commissioner must or may take into account in conducting a risk assessment; and (b) the commissioner must not take into account any information about an applicant unless satisfied on reasonable grounds that the information is accurate.

Risk assessment guidelines—criminal history

29 Risk assessment guidelines—criminal history (1) The risk assessment guidelines must provide for the following to be taken into account in relation to any relevant offence included in a person’s criminal history: (a) the nature, gravity and circumstances of the offence; (b) the relevance of the offence; (c) how long ago the offence was committed; (d) the age of the person and the victim at the time of the offence;

Risk assessment guidelines Division 5.2 (e) whether the person’s circumstances have changed since the offence was committed; (f) the person’s attitude to the offence; (g) if the person has undergone a program of treatment or intervention for the offence—any assessment of the person following the program; (h) if the offence was committed outside Australia—whether the offence is an offence in Australia; (i) whether the person has committed any other relevant offence; (j) any submission made by the person to the commissioner in relation to the matters mentioned in paragraphs (a) to (i). (2) In addition, the risk assessment guidelines must provide for whether the person has exceptional circumstances that justify the person being registered if— (a) the person’s criminal history includes an adult conviction or finding of guilt for a class B disqualifying offence; and (b) the person applies for registration to engage in— (ii) an NDIS activity. Note A person with an adult conviction or finding of guilt for a class A disqualifying offence is not eligible to be registered to engage in a regulated activity involving children or an NDIS activity (see s 17 (2)).

Risk assessment guidelines—non-conviction information

30 Risk assessment guidelines—non-conviction information (1) The risk assessment guidelines must provide for the following to be taken into account in relation to any relevant offence, or any alleged relevant offence, included in a person’s non-conviction information: (a) the nature, gravity and circumstances of the offence or alleged offence;

(b) the relevance of the offence or alleged offence; (c) how long ago the offence or alleged offence was committed; (d) the age of the person and the victim at the time of the offence or alleged offence; (e) the truthfulness, completeness and reliability of any information or evidence provided by the person who made the allegation or provided the initial information; (f) the nature, extent and outcome of any investigation into the offence or alleged offence; (g) any formal statement made by the person to a police officer, including any answer given in a recorded interview, in relation to the offence or alleged offence; (h) any evidence given by the person in a court proceeding for the offence or alleged offence; (i) whether this was the person’s first offence or alleged offence; (j) any submission made by the person to the commissioner in relation to the matters mentioned in paragraphs (a) to (i). (2) In addition, the risk assessment guidelines must provide for whether the person has exceptional circumstances that justify the person being registered if— (a) the person’s non-conviction information includes an outstanding charge for a disqualifying offence committed when the person was an adult; and (b) the person applies for registration to engage in— (ii) an NDIS activity.

Risk assessment guidelines—other information

31 Risk assessment guidelines—other information The risk assessment guidelines must provide for the following to be taken into account in relation to any other information the commissioner believes on reasonable grounds is or may be relevant in deciding whether, in engaging in a regulated activity, the applicant poses a risk of harm to a vulnerable person: (a) how the information was obtained; 1 tip off from a member of the public 2 a media report (b) the relevance of the information; (c) the truthfulness, completeness and reliability of the information; (d) any submission made by the person to the commissioner in relation to the matters mentioned in paragraphs (a) to (c).

Risk assessments

32 Risk assessments (1) On application by a person for registration, the commissioner must conduct a risk assessment for the person. Note The commissioner need not conduct a risk assessment if the application has been withdrawn (see s 20 (3) (b)). (2) The risk assessment must be conducted in accordance with the risk assessment guidelines. (3) However, the commissioner need not take any further action on the risk assessment if the person— (a) applies for registration to engage in— (ii) an NDIS activity; and

(b) the commissioner becomes aware the person is not eligible, or stops being eligible, to be registered to engage in the activity under— (i) for an application for registration to engage in either activity—section 17 (2); or (ii) for an application for registration to engage in a regulated activity involving children—section 17 (3). Note 1 Under s 17 (2), a person is not eligible to be registered to engage Note 2 Under s 17 (3), a person is not eligible to be registered to engage

Commissioner may request information from an entity to

33 Commissioner may request information from an entity to conduct risk assessments (1) The commissioner may, in writing, request information or advice from any entity the commissioner considers may be able to give information or advice that will assist the commissioner in conducting a risk assessment for a person. Examples—entity 1 the chief police officer 2 an administrative unit 3 an employer for a regulated activity (2) An entity that receives a request from the commissioner must, as far as practicable, comply with the request.

(3) An entity that gives the commissioner information or advice in response to a request under this section does not contravene any duty of confidentiality the entity has under a territory law or agreement, despite anything to the contrary in the law or agreement. (4) An entity commits an offence if— (a) the commissioner makes a request under subsection (1); and (b) the entity fails to comply with the request. (5) Subsection (4) does not apply if the entity has a reasonable excuse for failing to comply with the request. (6) An offence against this section is a strict liability offence. (7) In this section: information does not include information that, under the Children and Young People Act 2008, section 857, must not be given to a

Independent advisors—appointment

34 Independent advisors—appointment (1) The commissioner must appoint 7 or more people as independent advisors the commissioner may ask for advice about— (a) whether to give a person a role-based registration; or (b) any other aspect of a risk assessment for a person. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

(2) The people appointed— (a) must include the following: (i) at least 1 Aboriginal or Torres Strait Islander person; (ii) at least 1 person with experience or expertise in relation to refugees and migrants; (iii) at least 1 person who is a psychologist with experience or expertise in forensic or clinical psychology; (iv) at least 1 person with experience or expertise in relation to children and young people; (v) at least 1 person with experience or expertise in relation to people with a disability; (vi) at least 1 person with experience or expertise in relation to people with mental illness; (vii) at least 1 person with experience or expertise in relation to people with drug or alcohol dependency; and (b) may include 1 or more people with experience or expertise in any other field the commissioner considers relevant to a matter mentioned in subsection (1) (a) or (b). (3) An appointment as an independent advisor must be for not longer than 5 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 (1) (c)). (4) An appointment is a notifiable instrument. (5) The conditions of an independent advisor’s appointment are the conditions agreed between the commissioner and the person, subject to any determination under the Remuneration Tribunal Act 1995.

Independent advisors—advice

35 Independent advisors—advice (1) This section applies if the commissioner wishes to ask an independent advisor for advice about a matter mentioned in section 34 (1) (a) or (b). (2) The commissioner may ask 1 or more independent advisors for the advice. (3) The request for advice must be made, and the advice must be given, in accordance with the risk assessment guidelines.

Independent advisors—ending appointment

36 Independent advisors—ending appointment The commissioner may end a person’s appointment as an independent advisor— (a) if the person does not provide advice within a reasonable time when asked by the commissioner; or (b) for misbehaviour; or (c) for physical and mental incapacity, if the incapacity substantially affects the exercise of the person’s ability to give advice to the commissioner; or (d) if the commissioner becomes aware that the person has at any time been convicted in Australia of an offence punishable by imprisonment for 1 year or longer; or (e) if the commissioner becomes aware that the person has at any time been convicted outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for 1 year or longer. Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

Proposed negative notices

37 Proposed negative notices (1) This section applies if— (a) the commissioner conducts a risk assessment for a person; and (b) the commissioner is satisfied that the person poses an unacceptable risk of harm to a vulnerable person (a negative risk assessment). (2) The commissioner must tell the person in writing (a proposed negative notice) that the commissioner intends to refuse to register the person. (3) A proposed negative notice must state— (a) the reasons for the negative risk assessment; and (b) that, if the person would like the commissioner to reconsider the decision, the person may take the steps mentioned in section 38 (1); and (c) that, if the person does not take the steps mentioned in section 38 (1), the commissioner must give the person a negative notice. (4) Despite subsection (3) (a), the commissioner must not tell the person the reasons for the negative risk assessment if the information must not be given to the person under this Act or any other law in force in the ACT. (5) The commissioner must not, without the person’s consent, tell a named employer— (a) that a proposed negative notice has been given to a person; or (b) the reasons for giving the person the notice.

Negative risk assessments Division 5.4

Reconsideration of negative risk assessments

38 Reconsideration of negative risk assessments (1) If the commissioner gives a person a proposed negative notice, the person may— (a) within 10 working days after the commissioner gives the person the proposed negative notice, tell the commissioner in writing that the person intends to ask the commissioner to reconsider the decision; and (b) within 20 working days after the commissioner gives the person the notice, ask the commissioner in writing to reconsider the (2) If the person asks the commissioner to reconsider the decision, the commissioner must, as soon as practicable, conduct a risk assessment (a revised risk assessment) for the person. Note A revised risk assessment may result in registration (see s 41), which may be conditional (see s 42), or a negative notice (see s 40). (3) The person may give the commissioner, and the commissioner must consider in conducting the revised risk assessment, any new or corrected information the person believes is relevant.

Extensions of period for reconsideration of negative risk

39 Extensions of period for reconsideration of negative risk assessment (1) On written application by a person, the commissioner may extend the period mentioned in section 38 (1) (a) or (b). Note The commissioner may extend the period even if it has ended (see Legislation Act, s 151C).

(2) The commissioner may extend the period only if the commissioner is satisfied on reasonable grounds that it is appropriate to extend the period given the person’s circumstances. Examples—when period may be extended 1 a person did not receive a proposed negative notice because the person was unexpectedly hospitalised 2 a person needs more than 20 working days to obtain relevant information because the information is from a foreign country (3) The commissioner must tell the person in writing of a decision under subsection (1) and— (a) if the commissioner extends the period—state the extended period; or (b) if the commissioner refuses to extend the period—the reasons for the decision. Note The commissioner must also give the person a reviewable decision notice in relation to a decision to— (a) extend the period for a stated period; or (b) refuse to extend the period (see s 62).

Negative notices

40 Negative notices (1) The commissioner must refuse to register a person— (a) for an application for registration to engage in a regulated activity involving children or an NDIS activity—if the commissioner becomes aware the person is not eligible, or stops being eligible, under section 17 (2) to be registered to engage in the activity; or Note Under s 17 (2), a person is not eligible to be registered to engage

Negative risk assessments Division 5.4 (b) for an application for registration to engage in a regulated activity involving children—if the commissioner becomes aware the person is not eligible, or stops being eligible, under section 17 (3) to be registered to engage in the activity; or Note Under s 17 (3), a person is not eligible to be registered to engage (c) if— (i) the commissioner conducts a revised risk assessment for a person; and (ii) the commissioner is satisfied that the person poses an unacceptable risk of harm to a vulnerable person; or (d) if the commissioner gives the person a proposed negative notice and— (i) the person does not tell the commissioner that the person intends to ask the commissioner to reconsider the decision under section 38 (1) (a); or (ii) the person— (A) tells the commissioner that the person intends to ask the commissioner to reconsider the decision under section 38 (1) (a); but (B) does not ask the commissioner to reconsider the decision under section 38 (1) (b).

(2) If the commissioner refuses to register a person, the commissioner must— (a) tell the person in writing (a negative notice) that the commissioner refuses to register the person and the reasons for the refusal; and (b) tell the named employer (if any) in writing that a negative notice has been given to the person. (3) If an unregistered person is engaging in an NDIS activity under section 15 and the person receives a negative notice, the person must tell the following about the negative notice: (a) the person’s named employer (if any); (b) each vulnerable person with whom the person has contact as part of engaging in the activity. Note If an unregistered person engaging in a regulated activity under s 15 is given a negative notice, the person commits an offence under s 13 if the person continues to engage in the activity. (4) For subsection (2) (b) and subsection (3), the commissioner must not, without the person’s consent, tell a named employer or vulnerable person the reasons for giving the person the negative notice.

Registration

41 Registration (1) This section applies if the commissioner— (a) conducts a risk assessment or a revised risk assessment for a person; and (b) is satisfied that the person poses no risk or an acceptable risk of harm to a vulnerable person (a positive risk assessment). (a) register the person; and (b) tell the person, in writing— (i) of the positive risk assessment; and (ii) that the person is registered; and (iii) the person’s unique identifying number; and (iv) if the registration is conditional under section 42A (Conditional registration—class A disqualifying offence or negative status under corresponding law)— (A) what the condition is; and (B) the reasons for the condition; and (v) the day the registration ends; and (vi) anything else prescribed by regulation; and

(c) if the registration is conditional under section 42A—tell the named employer (if any) in writing— (i) that the person’s registration is conditional; and (ii) what the condition is. (3) For subsection (2) (c), the commissioner must not, without the person’s consent, tell the named employer the reasons for the condition. (4) Registration must be for not longer than 5 years.

Conditional registration

42 Conditional registration A registration may be subject to conditions. Examples—conditions 1 a registered person must not drive a motor vehicle if a vulnerable person is a passenger 2 a registered person must not have unsupervised contact with a vulnerable 3 a registered person must not supervise another registered person 4 a registered person may be engaged by any employer but only in a stated regulated activity

42A

Conditional registration—class A disqualifying offence or

42A Conditional registration—class A disqualifying offence or negative status under corresponding law (1) A registration of a person who has an adult conviction or finding of guilt for a class A disqualifying offence is automatically subject to the condition that the person must not engage in— Note For a kinship carer, a class A disqualifying offence is taken to be a class B disqualifying offence (see s 11C (2)).

(2) Also, a registration of a person is automatically subject to the condition that the person must not engage in a regulated activity involving children if the person has— (a) received a negative notice (however described) for engaging in a regulated activity involving children under a corresponding law; or (b) the person’s registration for engaging in a regulated activity involving children is cancelled under a corresponding law. Note Sections 43 to 46 do not apply to a condition under this section.

42B

Conditional registration—role-based registration

42B Conditional registration—role-based registration (1) The commissioner may register a person (a role-based registration) subject to 1 or both of the following conditions: (a) that the person engage only in stated regulated activities; (b) that the person engage in regulated activities only for a stated employer. Example—role-based registration a person with a criminal record is registered but may only work as a counsellor in a particular correctional centre (2) Before giving a person a role-based registration, the commissioner may— (a) consult, in accordance with the risk assessment guidelines, with 1 or more independent advisors; and (b) consider any relevant advice given. (3) A regulation may prescribe information that a person or an employer must give the commissioner before the commissioner may give the person a role-based registration.

42C

Conditional registration—disqualifying offences

42C Conditional registration—disqualifying offences (1) This section applies if the commissioner decides to register a person who has— (a) an outstanding charge for a disqualifying offence committed when the person was an adult; or (b) an adult conviction or finding of guilt for a class B disqualifying offence. (2) Unless the commissioner is satisfied there are exceptional circumstances, the person’s registration is subject to the condition that the person must not engage in— Note 1 If the person is acquitted or the charges lapse or are withdrawn or discharged, the person may apply to the commissioner to have the condition removed (see s 47). Note 2 If the person has an adult conviction or finding of guilt for a class A disqualifying offence their registration is cancelled (see s 56A).

Proposed conditional registration

43 Proposed conditional registration (1) If the commissioner intends to register a person conditionally (other than under section 42A), the commissioner must tell the person in writing (a proposed conditional registration notice). (2) A proposed conditional registration notice must state— (a) what the condition is and the reasons for proposing to register the person conditionally; and (b) that, if the person would like the commissioner to reconsider the decision, the person may take the steps mentioned in section 44 (1); and

(c) that if the person does not take the steps mentioned in section 44 (1), the commissioner must register the person conditionally. (3) The commissioner must not, without the person’s consent, tell a named employer— (a) that a proposed conditional registration notice has been given to a person; or (b) the reasons for giving the person the proposed conditional registration notice.

Reconsideration of proposed conditional registration

44 Reconsideration of proposed conditional registration (1) If the commissioner gives a person a proposed conditional registration notice, the person may— (a) within 10 working days after the commissioner gives the person the proposed conditional registration notice, tell the commissioner in writing that the person intends to ask the commissioner to reconsider the decision; and (b) within 20 working days after the commissioner gives the person the notice, ask the commissioner in writing to reconsider the (2) In making a request under subsection (1) (b), the person must give the commissioner any new or corrected information the person considers relevant. (3) If the person asks the commissioner to reconsider the decision, the commissioner must, as soon as practicable— (a) if the commissioner is satisfied that the condition is unnecessary—register the person unconditionally; or

(b) if the commissioner is satisfied that the condition is necessary— register the person subject to the condition. Note The commissioner’s decision to register a person subject to a condition is reviewable (see s 61).

Extensions of period for reconsideration of proposed

45 Extensions of period for reconsideration of proposed conditional registration (1) On written application by a person, the commissioner may extend the period mentioned in section 44 (1) (a) or (b). Note The commissioner may extend the period even if it has ended (see Legislation Act, s 151C). (2) The commissioner may extend the period only if the commissioner is satisfied on reasonable grounds that it is appropriate to extend the period given the person’s circumstances. Examples—when period may be extended 1 a person did not receive a proposed conditional registration notice because the person was unexpectedly hospitalised 2 a person needs more than 20 working days to obtain relevant information because the information is from a foreign country (3) The commissioner must tell the person in writing of a decision under subsection (1) and— (a) if the commissioner extends the period—state the extended period; or (b) if the commissioner refuses to extend the period—the reasons for the decision. Note The commissioner must also give the person a reviewable decision notice in relation to a decision to— (a) extend the period for a stated period; or (b) refuse to extend the period (see s 62).

Notice of conditional registration

46 Notice of conditional registration (1) The commissioner must register a person subject to a condition if the commissioner gives the person a proposed conditional registration notice and— (a) the person does not tell the commissioner that the person intends to ask the commissioner to reconsider the decision under section 44 (1) (a); or (b) the person— (i) tells the commissioner that the person intends to ask the commissioner to reconsider the decision under section 44 (1) (a); but (ii) does not ask the commissioner to reconsider the decision under section 44 (1) (b). Note The commissioner must also register a person subject to a condition if the commissioner has reconsidered the decision and is satisfied that the condition is necessary (see s 44 (3) (b)). (2) If a registration is subject to a condition, the commissioner must— (a) register the person; and (b) tell the person, in writing— (i) of the positive risk assessment; and (ii) that the person is registered subject to a condition including— (A) what the condition is; and (B) the reasons for the condition; and (iii) the person’s unique identifying number; and (iv) the day the registration ends; and (v) anything else prescribed by regulation; and

(c) tell the named employer (if any) in writing— (i) that the person’s registration is conditional; and (ii) what the condition is. (3) For subsection (2) (c), the commissioner must not, without the person’s consent, tell the named employer the reasons for the condition.

Conditional registration—amendment

47 Conditional registration—amendment (1) A person with conditional registration may apply to the commissioner to amend the person’s registration (including by removing or amending a condition of the registration) if there has been a change in relevant information about the person since the person was registered subject to a condition. 1 a person has been acquitted of a previously pending charge for a relevant 2 a person’s conviction for a relevant offence has been quashed (2) The risk assessment guidelines may provide for what constitutes a change in relevant information about the person. (3) The commissioner may, in writing, require the applicant to give the commissioner the additional information in writing or documents the commissioner reasonably needs to decide the application. (4) If the applicant does not comply with a requirement under subsection (3), the commissioner may refuse to consider the application further. (5) On application by a person to amend a conditional registration, the commissioner must— (a) amend the registration; or

(b) refuse to amend the registration. (6) The commissioner must— (a) tell the applicant in writing of a decision under subsection (5) and— (i) if the commissioner amends the registration—state the details of the amendment; and (ii) if the commissioner refuses to amend the registration—the reasons for the decision; and Note The commissioner must also give the applicant a reviewable decision notice in relation to a decision to refuse to amend the applicant’s registration (see s 62). (b) if the commissioner amends the registration—tell the named employer (if any) in writing— (i) that the applicant’s registration has been amended; and (ii) the details of the amendment.

47A

Restrictions on reapplying for amendment of conditional

47A Restrictions on reapplying for amendment of conditional (1) This section applies to a person with conditional registration if— (a) the person has applied for an amendment of the person’s registration under section 47; and (b) the commissioner has refused to amend the registration. (2) The person may apply for an amendment of the person’s conditional registration under section 47 only if it is at least 5 years after the day the commissioner refused to amend the registration.

Offences—registered person contravene condition of

48 Offences—registered person contravene condition of (b) the person contravenes a requirement of the condition. (3) A person commits an offence if— (b) the person contravenes a requirement of the condition; and (c) the person knows, or is reckless about whether, the person is contravening the requirement. (4) Strict liability applies to subsection (3) (a). Note The commissioner may suspend or cancel a person’s registration if the person’s registration is subject to a condition and the person contravenes a requirement of the condition (see s 57 (1)).

Commissioner may request information from entities

53 Commissioner may request information from entities about registered people (1) The commissioner may, in writing, request information or advice from any entity the commissioner considers may be able to give information or advice that is relevant to whether a registered person continues to pose no risk or an acceptable risk of harm to a vulnerable an updated criminal history report from the chief police officer (2) An entity that receives a request from the commissioner must, as far as practicable, comply with the request. (3) An entity that gives the commissioner information or advice in response to a request under this section does not contravene any duty of confidentiality the entity has under a territory law or agreement, despite anything to the contrary in the law or agreement. (4) An entity commits an offence if— (a) the commissioner makes a request under subsection (1); and (b) the entity fails to comply with the request. (5) Subsection (4) does not apply if the entity has a reasonable excuse for failing to comply with the request. (6) An offence against this section is a strict liability offence. (7) In this section: information does not include information that, under the Children and Young People Act 2008, section 857, must not be given to a

Additional risk assessments

54 Additional risk assessments (1) This section applies if the commissioner believes on reasonable grounds that there is new relevant information about a registered Examples—new relevant information 1 a registered person is suspected of having committed a relevant offence 2 a registered person has been charged with a relevant offence 3 a registered person has been convicted or found guilty of a relevant offence 4 a complaint or investigation is made about noncompliance of an approved care and protection organisation under the Children and Young People Act 2008, div 10.4.3 involving conduct by a registered person 5 an allegation or investigation of misconduct is made about a registered person within a regulated activity (a) conduct a risk assessment (an additional risk assessment) for the person taking into account the new relevant information; and (b) tell the person in writing that the additional risk assessment is being conducted. Note If the commissioner decides to conduct an additional risk assessment for a person, the commissioner may, while the assessment is conducted, make the person’s registration subject to an interim condition (see s 54A) or suspend the person’s registration (see s 57 (2)). (3) If the commissioner conducts an additional risk assessment for the person and is satisfied that the person poses no risk or an acceptable risk of harm to a vulnerable person, the commissioner may— (a) leave the person’s registration unchanged; or (b) add a condition to, or amend a condition of, the person’s

(c) remove a condition from the person’s registration. Note 1 Section 43 sets out the commissioner’s obligations if the commissioner intends to register a person conditionally. Note 2 The commissioner must cancel a person’s registration if the commissioner has conducted an additional risk assessment for the person and is satisfied that that the person poses an unacceptable risk of harm to a vulnerable person (see s 57 (3)). (4) The risk assessment guidelines may provide for what constitutes new relevant information about a registered person.

54A

Interim conditional registration

54A Interim conditional registration (1) If the commissioner decides to conduct an additional risk assessment for a person, the commissioner may make the person’s registration subject to conditions (an interim condition) while the assessment is conducted. Example—interim condition a person may engage in a regulated activity only if in the company of a registered person at all times Note 1 The commissioner must conduct an additional risk assessment for a person under s 54 if the commissioner believes on reasonable grounds that there is new relevant information about the person. Note 2 The commissioner may also suspend a person’s registration while an additional risk assessment is being conducted for a person (see s 57 (2)). (2) The commissioner must give a person written notice of an intention to make the person’s registration subject to an interim condition. (3) A notice of intention to make a person’s registration subject to an interim condition must— (a) set out the reason for the interim condition; and

(b) state that the person may, within 10 working days after the day the commissioner gives the person the notice, give reasons why the person considers that the registration should not be made subject to the interim condition. (4) The commissioner must make a person’s registration subject to an interim condition if the commissioner— (a) has given written notice to the person of an intention to make the person’s registration subject to an interim condition; and (b) has considered the reasons (if any) given by the person in accordance with the notice; and (c) is satisfied that the reason for the interim condition exists. Note The commissioner’s decision to make a person’s registration subject to an interim condition is reviewable (see s 61). (5) The commissioner must— (a) tell the person, in writing— (i) that the person’s registration is subject to an interim condition; and (ii) what the interim condition is; and (iii) the reason for the interim condition; and (b) tell the person’s employer (if any), in writing— (i) that the person’s registration is subject to an interim condition; and (ii) what the interim condition is. (6) For subsection (5) (b), the commissioner must not, without the person’s consent, tell the person’s employer the reasons for the interim condition.

(7) The interim condition takes effect— (a) on the day after the day the commissioner tells the person, in writing, that the person’s registration is subject to an interim condition; or (b) if a later date is stated in the notice—on the later date.

54B

Offence—registered person contravene interim condition

54B Offence—registered person contravene interim condition of registration (a) the person’s registration is subject to an interim condition; and (b) the person contravenes the condition.

Offences—registered person fail to disclose charge,

55 Offences—registered person fail to disclose charge, conviction or finding of guilt for relevant offence (1) A person commits an offence if the person— (a) is registered; and (b) is charged with a relevant offence; and (c) does not tell the commissioner about the charge in writing within 10 working days after the day the person is charged. (2) A person commits an offence if the person— (a) is registered; and (b) is convicted or found guilty of a relevant offence; and

(c) does not tell the commissioner about the conviction or finding of guilt in writing within 10 working days after the day the person is convicted or found guilty. (3) An offence against this section is a strict liability offence.

55A

Offence—applicant fail to disclose change in relevant

55A Offence—applicant fail to disclose change in relevant information (a) the person is registered; and (b) there has been a change in relevant information about the person since the person was registered; and (c) the person does not tell the commissioner about the change in relevant information, in writing, within 10 working days after the day the information changes. relevant information, about a person, means information about— (a) an allegation or investigation mentioned in section 18 (2) (c); or (b) for a person engaged in an NDIS activity—a matter mentioned in section 18A (1) (b).

Offence—fail to notify change of name

56 Offence—fail to notify change of name (a) the person is registered; and (b) the person’s name changes; and

Suspending or cancelling registration Division 6.4 (c) the person does not tell the commissioner in writing of the change within 10 working days after the day the change happens. Maximum penalty: 10 penalty units.

56A

Automatic cancellation—class A disqualifying offence or

56A Automatic cancellation—class A disqualifying offence or negative status under corresponding law (1) A person’s registration is automatically cancelled if— (a) the person is registered to engage in— (ii) an NDIS activity; and (b) the person is not eligible, or stops being eligible, under section 17 (2) or (3) to be registered to engage in the activity. Note 1 Under s 17 (2), a person is not eligible to be registered to engage Note 2 Under s 17 (3), a person is not eligible to be registered to engage (2) As soon as the commissioner becomes aware of the person’s ineligibility, the commissioner must— (a) tell the person, in writing, that their registration is cancelled; and

(b) tell the person’s employer, in writing, that the person’s registration is cancelled. Note A registered person must tell the commissioner if they are charged with, or convicted or found guilty of, a disqualifying offence (see s 55). (3) For subsection (2) (b), the commissioner must not, without the person’s consent, tell the person’s employer the ground for suspension or cancellation.

Grounds for suspension or cancellation of registration

57 Grounds for suspension or cancellation of registration (1) The commissioner may suspend or cancel a person’s registration if— (b) the person contravenes a requirement of the condition; and (c) the commissioner believes on reasonable grounds that suspension or cancellation is necessary for this Act. Note A person commits an offence if the person contravenes a requirement of a condition—see s 48. (2) If the commissioner decides to conduct an additional risk assessment for a person, the commissioner may suspend the person’s registration while the assessment is conducted. Note The commissioner must conduct an additional risk assessment for a person under s 54 if the commissioner believes on reasonable grounds that there is new relevant information about the person. (3) The commissioner must cancel a person’s registration if the commissioner— (a) has conducted an additional risk assessment for the person; and (b) is satisfied that the person poses an unacceptable risk of harm to a vulnerable person.

Suspending or cancelling registration Division 6.4

Notice of proposed suspension or cancellation of

58 Notice of proposed suspension or cancellation of (1) If the commissioner intends to suspend or cancel a person’s registration under section 57, the commissioner must give the person written notice of the intention. (2) A notice of intention to suspend or cancel a person’s registration must— (a) set out the ground for suspension or cancellation; and (b) state that the person may, within 10 working days after the day the commissioner gives the person the notice, give reasons why the person considers that the registration should not be suspended or cancelled.

Suspension or cancellation of registration

59 Suspension or cancellation of registration (1) The commissioner must suspend or cancel a person’s registration if the commissioner— (a) has given written notice to the person of an intention to suspend or cancel the registration; and (b) has considered any reasons given by the person in accordance with the notice; and (c) is satisfied that the ground for suspension or cancellation under section 57 exists. Note The commissioner’s decision to suspend or cancel a person’s registration is reviewable (see s 61). (a) tell the person in writing— (i) that the person’s registration is suspended or cancelled; and

(ii) the ground for suspension or cancellation; and (iii) about the information mentioned in subsections (6) to (8); and Note The commissioner must also give the person a reviewable decision notice in relation to the decision to suspend or cancel the person’s registration (see s 62). (b) tell the person’s employer (if any) in writing that the person’s registration has been suspended or cancelled. (3) For subsection (2) (b), the commissioner must not, without the person’s consent, tell the person’s employer the ground for suspension or cancellation. (4) The suspension or cancellation takes effect— (a) on the day after the day the commissioner tells the person in writing that the person’s registration is suspended or cancelled; or (b) if a later date is stated in the notice of suspension or cancellation—on the later date. (5) To remove any doubt, a person whose registration is suspended does not have a registration allowing the person to engage in a regulated Note A person engaging in a regulated activity for which the person is required to be registered commits an offence under s 13 if the person’s registration is suspended or cancelled and the person continues to engage in the (6) A person whose registration is suspended may apply to the commissioner to end the suspension not earlier than 6 months after the day the commissioner tells the person that the person’s registration is suspended. (7) The commissioner must, on application— (a) end the person’s suspension; or

Surrendering registration Division 6.5 (b) refuse to end the person’s suspension. Note A decision under s (7) (b) is a reviewable decision (see s 61). (8) The commissioner must not refuse to end a person’s suspension unless the commissioner believes the suspension is necessary for the Act.

Div 6

5 Surrendering registration

Division 6.5 Surrendering registration

Surrendering registration

60 Surrendering registration (1) A registered person may surrender the person’s registration by giving written notice of the surrender (a surrender notice) to the commissioner. (2) The surrender of the registration takes effect— (a) on the day the surrender notice is given to the commissioner; or (b) if a later date is stated in the surrender notice—on the later date. (3) The commissioner must tell the person’s employer (if any) in writing that the person’s registration has been surrendered.

Part 7 Notification and review of decisions Part 7 Notification and review of decisions 61 Meaning of reviewable decision—pt 7 In this part: reviewable decision means a decision mentioned in schedule 2, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

Reviewable decision notices

62 Reviewable decision notices If the commissioner makes a reviewable decision, the commissioner must give a reviewable decision notice only to each entity mentioned in schedule 2, column 4 in relation to the decision.

Applications for review

63 Applications for review An entity mentioned in schedule 2, column 4 in relation to a reviewable decision may apply to the ACAT for review of the

Information sharing Part 7A

63A

Commissioner may give information to particular entities

63A Commissioner may give information to particular entities (1) The commissioner may give protected information to any of the following if satisfied on reasonable grounds that the information is relevant to preventing harm or risk of harm to a vulnerable person or class of vulnerable people: (a) the director-general responsible for the Education Act 2004; (b) the director-general responsible for the Education and Care Services National Law (ACT); (c) the director-general responsible for the Health Act 1993; (d) the director-general responsible for the Children and Young People Act 2008, other than chapter 20 of that Act; (e) the ombudsman; (f) the chief executive officer of the ACT Teacher Quality Institute; (g) the chief police officer or a chief police officer (however described) of another jurisdiction; (h) the senior practitioner; (i) the registrar-general; (j) the road transport authority; (k) the work health and safety commissioner; (l) the NDIS quality and safeguards commissioner; (m) an entity administering a corresponding law; (n) any other entity prescribed by regulation.

NDIS quality and safeguards commissioner means the commissioner of the NDIS quality and safeguards commission established under the NDIS Act, section 181C. protected information means information about a person that is given to, or obtained by, the commissioner or any other person who has exercised a function under this Act, because of the exercise of a function under this Act by the commissioner or other person. 1 information obtained by the commissioner in conducting a risk assessment 2 information given to the commissioner in conducting a risk assessment senior practitioner—see the Senior Practitioner Act 2018, dictionary.

63B

Particular entities may give information to commissioner

63B Particular entities may give information to commissioner (1) An entity may give the commissioner any information (including personal health information, personal information or protected information) if satisfied on reasonable grounds that the information is relevant to preventing harm, or a risk of harm, to a vulnerable person or class of vulnerable people. (2) The National Authority may disclose to the commissioner a prohibition notice given under the Education and Care Services National Law. Note See also the Education and Care Services National Law (ACT), s 271 (6) (Disclosure of information to other authorities). (3) This section does not limit the information that the entity may give to the commissioner under any other territory law.

Information sharing Part 7A Education and Care Services National Law means the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule, as applying in any participating jurisdiction. entity means— (a) a director-general; or (b) a member of the human rights commission; or (c) the chief executive officer of the ACT Teacher Quality Institute; or (d) the registrar-general; or (e) the road transport authority; or (f) the work health and safety commissioner. member, of the human rights commission, means a member of the commission under the Human Rights Commission Act 2005, section 12. National Authority—see the Education and Care Services National Law (ACT), section 5 (1). Note The Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT). personal health information—see the Health Records (Privacy and Access) Act 1997, dictionary. personal information—see the Information Privacy Act 2014, dictionary.

protected information—see the Children and Young People Act 2008, dictionary.

63C

Commissioner may give information to employers

63C Commissioner may give information to employers (1) The commissioner may give an employer the following information about a person the employer is associated with: (a) the person’s name; (b) the status or outcome of the person’s application for registration; (c) if the person is registered— (i) the unique identifying number for the person; and (ii) the date the person’s registration ends; and (iii) whether the person’s registration is subject to conditions under section 42 or section 54A; (d) anything else prescribed by regulation. (2) For subsection (1) (c) (iii), the commissioner— (a) need not tell the employer what the person’s condition is; and (b) must not, without the person’s consent, tell the employer the reason for the condition. (3) In this section, an employer is associated with a person if— (a) the person is registered or has applied for registration; and (b) the employer engages, or intends to engage, the person in a regulated activity for which the person is required to be registered.

Protection from liability

64 Protection from liability (1) An official is not civilly liable for anything done or omitted to be done honestly and without recklessness— (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a function under this Act. (2) Any civil liability that would, apart from subsection (1), attach to an official attaches instead to the Territory. official means— (a) the commissioner; or (b) an independent advisor; or (c) a person authorised under this Act by the commissioner to do or not to do a thing. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Offences—use or divulge protected information

65 Offences—use or divulge protected information (1) A person to whom this section applies commits an offence if— (a) the person uses information; and (b) the information is protected information about someone else; and

(c) the person is reckless about whether the information is protected information about someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or (2) A person to whom this section applies commits an offence if— (a) the person does something that divulges information; and (b) the information is protected information about someone else; and (c) the person is reckless about whether— (i) the information is protected information about someone else; and (ii) doing the thing would result in the information being divulged to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or (3) Subsections (1) and (2) do not apply if the information is used or divulged— (a) under this Act or another territory law; or (b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or (c) in a court proceeding. (4) Subsections (1) and (2) do not apply to the using or divulging of protected information about a person with the person’s consent. Note The defendant has an evidential burden in relation to the matters mentioned in ss (3) and (4) (see Criminal Code, s 58).

(5) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the territory. (6) In this section: court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. divulge includes— (a) communicate; or (b) publish person to whom this section applies means— (a) a person who is or has been— (i) the commissioner; or (ii) an independent advisor; or (b) anyone else who has exercised a function under this Act. produce includes allow access to. protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else. Examples—protected information 1 information obtained by the commissioner in conducting a risk assessment for a person 2 information disclosed by the commissioner in seeking information or advice from an entity about a registered person use information includes make a record of the information.

Evidentiary certificates

66 Evidentiary certificates (1) The commissioner may give a signed certificate— (a) stating that on a stated date or during a stated period a named person was or was not registered; and (b) if the person was registered—including details of the person’s (2) A certificate under this section is evidence of the matters stated in it. (3) Unless the contrary is proved, a document that purports to be a certificate under this section is taken to be a certificate.

Disqualification orders

67 Disqualification orders (1) If a court finds a person guilty of an offence against this Act, the court may make an order disqualifying the person from applying for registration for a stated period or until a stated thing happens. offence against this Act includes an offence against the Criminal Code in relation to anything done, or not done, under or in relation to this Act.

Determination of fees

68 Determination of fees (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument.

Regulation-making power

71 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may make provision for— (a) the obligations of employers before engaging people in regulated activities; and

(b) the obligations of employers in relation to people they engage in regulated activities. (3) For the definition of corresponding law, paragraph (b), the Legislation Act, section 47 (3) and (6) does not apply to a law of another jurisdiction prescribed by regulation. Note A law of another jurisdiction prescribed for def, corresponding law, par (b), does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). (4) A regulation may create offences and fix maximum penalties of not more than 20 penalty units for the offences.

Section 1.1 (see s 8) 1.1 Child protection services conducted, or the service is provided, under the Children and Young People Act 2008 for a child or young person. (2) Without limiting subsection (1), a regulated activity includes an activity conducted or a service provided under the Children and Young People Act 2008— (a) by— (i) a member of the Children and Youth Services Council; or (ii) a family group conference facilitator; or (iii) a kinship carer; or (iv) a foster carer; or (v) a residential care service; or (vi) a researcher for a research project; or (vii) an authorised assessor; or (viii) another person administering, or exercising a function under, the Act; or

Activities or services for children Part 1.1 Section 1.2 (b) under an intensive therapy order. Note See the Children and Young People Act 2008, particularly: • pt 2.2 (Children and Youth Services Council); • pt 3.2 (Family group conferences—facilitators); • s 438 (Care and protection assessment—authorisation of assessors); • s 514B (Approved carers—director-general may approve); • s 516 (Kinship carer—specific parental authority); • s 518 (Foster carer—specific parental authority); • s 520 (Residential care service—general parental authority); • pt 16.2 (Intensive therapy orders); • ch 22 (Research involving children and young people). intensive therapy order, for a child or young person—see the Children and Young People Act 2008, section 532. 1.2 Justice facilities for children (1) An activity or service is a regulated activity if— (a) any of the usual functions of the activity or service are carried out in relation to a child at a justice facility; or (b) the activity is conducted, or the service is provided, in relation to a child because of a sentence, detention, probation, parole or other order, that could be made or imposed by a court. justice facility means— (a) a detention place; or (b) a place outside a detention place if a detainee is, or has been, directed to work or take part in an activity at the place; or (c) any other place a child may be held in custody.

Section 1.3 1.3 Education and care service or childcare service conducted, or the service is provided, by— (a) an education and care service; or (b) a childcare service; or (c) another commercial service that provides child care. Examples—par (c) 1 babysitting service 2 nanny service 3 a service conducted by a hotel or resort to provide childcare to children who are short term guests childcare service—see the Children and Young People Act 2008, section 732. Note Childcare service means— (a) a childcare centre; or (b) a family day care scheme. education and care service—see the Education and Care Services National Law (ACT), section 5. Note The Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT). 1.4 Child education services conducted, or the service is provided, as part of a child education service.

Activities or services for children Part 1.1 Section 1.5 child education service— (a) means a service for which the main purpose is to provide education and care for children; and (b) includes— (i) a school or other educational institution, whether or not operated by or on behalf of the Territory; and (ii) a school-crossing service. school means a preschool, primary school, high school or secondary college. 1.5 Child accommodation services conducted, or the service is provided, as part of a child accommodation service. child accommodation service— (a) means a service for which the main purpose is to provide residential accommodation for children; and (b) includes an overnight camp for children, irrespective of the kind of accommodation or of how many children are involved. Examples—child accommodation service 1 school group accommodation 2 a home stay, including as part of a student exchange 3 a school boarding facility

Section 1.6 1.6 Counselling and support services for children conducted, or the service is provided, as part of— (a) a counselling service for children; or (b) a support service for children. 1.7 Commercial services for children (a) the activity is conducted, or the service is provided specifically for children by a commercial entity; and (b) the activity or service is one of the following: (i) an entertainment or party service; (ii) a gym or play facility; (iii) a photography service; (iv) a talent or beauty competition.

Section 1.8 Part 1.2 Activities or services for vulnerable people 1.8 Mental health functions of the activity or service include providing treatment, care, rehabilitation or protection to people who are mentally impaired, mentally dysfunctional or mentally ill. 1 an activity or service that provides personal care, assessment or referral of support needs, education, training and skill development, information services, recreation, counselling, community access, accommodation support, rehabilitation, or employment services, specifically for people who are mentally impaired, mentally dysfunctional or mentally ill 2 an activity or service provided in association with the use of premises for the care, treatment or accommodation of people who are mentally impaired, mentally dysfunctional or mentally ill 1.9 Migrants, refugees and asylum seekers conducted, or the service is provided, to support— (a) migrants, or (b) refugees or asylum seekers; or

Section 1.10 (c) people who cannot communicate, or who have difficulty communicating, in English. an activity or service that provides assistance settling in the ACT, including mentoring, employment services, transport or accommodation support, specifically for migrants, refugees, asylum seekers or people from non-English speaking backgrounds Note A person is not required to be registered to engage in a regulated activity for a court or tribunal as an interpreter for a vulnerable person who cannot communicate, or who has difficulty communicating, in English (see s 12 (2) (j)). 1.10 Homeless people conducted, or the service is provided, to support people who are homeless. 1 an activity or service that provides food, transport, coordination or referral of support needs for people who are homeless 2 a drop in centre 3 a soup kitchen 1.11 Housing and accommodation A service or activity is a regulated activity if any of the usual functions of the service or activity include providing public or community housing or accommodation to people suffering social or financial hardship. 1 public housing 2 social housing 3 community housing 4 housing assistance

Section 1.12 5 social housing 6 crisis accommodation 7 refuges 1.12 Justice facilities (1) An activity or service is a regulated activity if— (a) any of the usual functions of the activity or service are carried out in relation to an adult at a justice facility; or (b) the activity is conducted, or the service is provided, in relation to an adult because of a sentence, detention, probation, parole or other order, that could be made or imposed by a court. justice facility means— (a) a correctional centre; or (b) a remand centre; or (c) a detention place; or (d) a place outside a detention place if a detainee is, or has been, directed to work or take part in an activity at the place; or (e) any other place a person may be held in custody. 1.13 Prevention of crime conducted, or the service is provided, in relation to a person to reduce the likelihood of the person committing a criminal offence. 1 a program to keep police informed of the whereabouts and other personal details about a person who has committed a crime to reduce the likelihood that the person will reoffend 2 a mentoring program

Section 1.14 1.14 Victims of crime conducted, or the service is provided, to assist or support victims of crime. an activity or service that provides counselling and support, therapeutic intervention, financial assistance, information or advice for victims of crime Note Victims of crime are eligible for assistance under the victims services scheme (see Victims of Crime Act 1994, pt 4). 1.15 Services for addictions (1) An activity or service is a regulated activity if any of the usual functions of the activity or service include providing treatment, care, rehabilitation or protection to people who are— (a) addicted to, or misuse, a substance (whether alcohol, a medicine, a prohibited substance or another substance); or (b) addicted to an activity. 1 an activity or service that provides health care, counselling, accommodation or financial support for people who are addicted to a substance or an activity 2 a needle and syringe exchange program 3 a methadone treatment and withdrawal program 4 a gambling addiction telephone help-line prohibited substance—see the Medicines, Poisons and Therapeutic Goods Act 2008, section 13.

Section 1.16 1.16 Community services conducted, or the service is provided, to— (a) people and families suffering social or financial hardship; or (b) people who need support to live independently. 1 an activity or service that provides crisis intervention, emergency relief, parenting support, assessment or referral of support needs, education, training and skill development, information services, counselling, community access, or employment services, for people and families suffering social or financial hardship 2 an activity or service that provides home help, home maintenance or modification, allied health care, personal care, food services, assessment or referral of support needs, information services, coordination, case management, recreation, counselling, community access, rehabilitation, or employment services, to people who need support to live independently 3 an activity or service provided in association with the use of premises for the care, treatment or accommodation of people who need support to live independently 1.17 Disability services conducted, or the service is provided, specifically for people with a disability. 1 an activity or service that provides home help, home maintenance or modification, personal care, food services, assessment or referral of support needs, information services, coordination, case management, recreation, counselling, community access, rehabilitation, or employment services, to people with a disability 2 an activity or service provided in association with the use of premises for the care, treatment or accommodation of people with a disability

Section 1.18 disability—see the Human Rights Commission Act 2005, section 8 (2). Note For the Human Rights Commission Act 2005, s 8 (2), disability means a disability that— (a) is attributable to an intellectual, psychiatric, sensory or physical impairment, or a combination of those impairments; and (b) is permanent or likely to be permanent; and (c) results in— (i) the person having a substantially reduced capacity for communication, learning or mobility; and (ii) the need for continuing support services for the person; and (d) may, but need not, be of a chronic episodic nature. 1.18 Respite care services functions of the activity or service include providing respite care. 1.19 Emergency services personnel conducted, or the service is provided, by— (a) an emergency service; or (b) a person acting on behalf of an emergency service.

Other activities or services for vulnerable people Part 1.3 Section 1.20 Part 1.3 Other activities or services for vulnerable people 1.20 Transport (1) An activity or service is a regulated activity if any of the usual functions of the activity or service include providing public or private transport that is— (a) specifically for, or mainly used by, children; or (b) specifically for people accessing a regulated activity mentioned in part 1.2. Example—par (a) a school bus service Examples—par (b) 1 a minibus transporting detainees to or from a remand centre 2 a taxi for mobility impaired people (2) To remove any doubt, an activity or service is a regulated activity if a person must have 1 or both of the following to conduct the activity or provide the service: (a) a public vehicle licence; (b) a driving instructor certificate of accreditation. (3) An activity or service is a regulated activity if— (a) the activity or service relates to a light rail service; and (b) the person conducting the activity or providing the service is— (i) a light rail driver; or (ii) a light rail driving assessor; or (iii) a light rail driving instructor; or

Part 1.3 Other activities or services for vulnerable people Section 1.21 (iv) appointed under the Road Transport (General) Act 1999— (A) section 19 (Authorised people); or (B) section 53A (Authorised people for infringement notice offences). accreditation—see Road Transport (Driver Licensing) Regulation 2000, section 103A. light rail driver—see Road Transport (Public Passenger Services) Regulation 2002, section 70AA. light rail driving assessor—see Road Transport (Public Passenger Services) Regulation 2002, section 70AA. light rail driving instructor—see Road Transport (Public Passenger Services) Regulation 2002, section 70AA. light rail service—see Road Transport (Public Passenger Services) Act 2001, section 27A. public vehicle licence—see the Road Transport (Driver Licensing) Act 1999, dictionary. 1.21 Coaching and tuition (a) any of the usual functions of the activity or service include coaching or tuition specifically for— (i) children; or (ii) people accessing a regulated activity mentioned in part 1.2; and (b) the coaching or tuition is provided by a commercial entity.

Other activities or services for vulnerable people Part 1.3 Section 1.22 1.22 Vocational and educational training functions of the activity or service include providing vocational education and training specifically for— (a) children; or (b) people accessing a regulated activity mentioned in part 1.2. 1 a pathways to employment program 2 an adult English language, literacy and numeracy skills program 3 an industry training service 1.23 Religious organisations (a) the activity is conducted, or the service is provided, by— (i) a religious organisation; or (ii) a person acting on behalf of a religious organisation; and (b) the activity or service is— (i) specifically for, or mainly used by children; or (ii) specifically for people accessing a regulated activity mentioned in part 1.2. Example—par (a) Sunday school Example—par (b) counselling provided by a minister of religion

Part 1.3 Other activities or services for vulnerable people Section 1.24 1.24 Clubs, associations and movements (a) the activity is conducted, or the service is provided, by a club, association or movement (including of a cultural, recreational or sporting nature); and (b) the club association or movement has significant membership or involvement by— (i) children; or (ii) people accessing a regulated activity mentioned in part 1.2. 1 a children’s football team 2 an art class for people who require assistance to live independently

Reviewable decisions Schedule 2

Sch 2

Reviewable decisions

Schedule 2 Reviewable decisions (see pt 7) item section decision entity 1 15A (1) impose interim bar on unregistered person person 2 15A (5) (b) refuse to remove person’s interim bar person 3 39 (1) extend period for stated period person 4 39 (1) refuse to extend period person 5 40 (1) (b) refuse to register person—unacceptable risk person 6 40 (1) (c) refuse to register person—no request for reconsideration 7 44 (2) (b) register person subject to condition person 8 45 (1) extend period for stated period person 9 45 (1) refuse to extend period person 10 46 (1) register person subject to condition person 11 47 (5) (b) refuse to amend person’s conditional 12 54A (4) make person’s registration subject to interim 13 59 (1) suspend or cancel person’s registration person 14 59 (7) (b) refuse to end person’s suspension person

Part 3

1 Definitions

Part 3.1 Definitions Section 3.1 (see s 11B) Part 3.1 Definitions 3.1 Definitions—sch 3 In this schedule: Animal Welfare Act means the Animal Welfare Act 1992. Crimes Act means the Crimes Act 1900. Drugs of Dependence Act means the Drugs of Dependence Act 1989. Road Transport (Safety and Traffic Management) Act means the Road Transport (Safety and Traffic Management) Act 1999. Sex Work Act means the Sex Work Act 1992. young adult relationship—an offence is within a young adult relationship if— (a) the offence is committed against a child aged 14 or 15 years; and (b) the offender is less than 5 years older than the child; and (c) the commission of the offence does not involve violence or coercion.

Note An offence mentioned in this part is taken to be a class B disqualifying offence for a person engaged, or seeking registration to engage, in a kinship care activity (see s 11C). item Homicide and related offences 1 Crimes Act, s 12 murder 2 Crimes Act, s 29 (2) culpable driving of 3 Crimes Act, s 29 (2) and s 48A (2) 4 Crimes Act, s 29 (2) and s 48C (2) Acts intended to cause injury 5 Crimes Act, s 19 intentionally inflict 6 Crimes Act, s 19 and

item 7 Crimes Act, s 19 and 8 Crimes Act, s 20 recklessly inflict 9 Crimes Act, s 20 and 10 Crimes Act, s 20 and 11 Crimes Act, s 21 wounding offence against vulnerable 12 Crimes Act, s 21 and s 48A (2)s 13 Crimes Act, s 21 and 14 Crimes Act, s 22 assault with intent to commit other offence 15 Crimes Act, s 23 inflict actual bodily harm

item 16 Crimes Act, s 23 and harm 17 Crimes Act, s 23 and harm 18 Crimes Act, s 24 assault occasioning 19 Crimes Act, s 24 and 20 Crimes Act, s 24 and 21 Crimes Act, s 25 cause grievous bodily harm 22 Crimes Act, s 27 (3) (a) 23 Crimes Act, s 27 (3) (a) and

item 24 Crimes Act, s 27 (3) (b) 25 Crimes Act, s 27 (3) (b) and 26 Crimes Act, s 27 (3) (c) 27 Crimes Act, s 27 (3) (c) and 28 Crimes Act, s 27 (3) (e) 29 Crimes Act, s 27 (3) (e) and 30 Crimes Act, s 27 (3) (f) 31 Crimes Act, s 27 (3) (f) and

item 32 Crimes Act, s 27 (3) (g) 33 Crimes Act, s 27 (3) (g) and 34 Crimes Act, s 36 torture offence against vulnerable 35 Crimes Act, s 43 childbirth—grievous bodily harm with intent 36 Crimes Act, s 74 prohibition of female genital mutilation 37 Crimes Act, s 75 remove child from ACT for genital mutilation Sexual assault and related offences 38 Crimes Act, s 51 sexual assault in first 39 Crimes Act, s 51 and sexual assault in first 40 Crimes Act, s 52 sexual assault in

item 41 Crimes Act, s 52 and sexual assault in 42 Crimes Act, s 53 sexual assault in third 43 Crimes Act, s 53 and sexual assault in third 44 Crimes Act, s 54 sexual intercourse 45 Crimes Act, s 54 and sexual assault without consent 46 Crimes Act, s 55 (1) sexual intercourse with 10 years old) 47 Crimes Act, s 55 (1) 10 years old) 48 Crimes Act, s 55 (3) sexual intercourse with

item

Crimes Act, s 55 (3)

49 Crimes Act, s 55 (3)

Crimes Act, s 55A sexual intercourse with

50 Crimes Act, s 55A sexual intercourse with young person under special care

Crimes Act, s 56 maintain sexual

51 Crimes Act, s 56 maintain sexual relationship with young person or person under special care

Crimes Act, s 56 persistent sexual abuse

52 Crimes Act, s 56 persistent sexual abuse of child or young person under special care 53 Crimes Act, s 57 and act of indecency in first 54 Crimes Act, s 58 act of indecency in 55 Crimes Act, s 58 and 56 Crimes Act, s 59 act of indecency in

item 57 Crimes Act, s 59 and 58 Crimes Act, s 60 act of indecency 59 Crimes Act, s 60 and 60 Crimes Act, s 61 (1) act of indecency under 10 years old) 61 Crimes Act, s 61 (1) under 10 years old) 62 Crimes Act, s 61 (3) act of indecency 63 Crimes Act, s 61 (3) 64 Crimes Act, s 61A act of indecency with young person under special care

item 65 Crimes Act, s 62 (1) incest (under 10 years) 66 Crimes Act, s 62 (2) incest (under 16 years) 67 Crimes Act, s 62 (3) incest (16 years or older) 68 Crimes Act, s 64 (1) use etc child under 12 years for production of child exploitation

Crimes Act, s 64 (1)

69 Crimes Act, s 64 (1) use etc child under 12 years for production of child exploitation

Crimes Act, s 64 (3) use etc child 12 years

70 Crimes Act, s 64 (3) use etc child 12 years or older for production of child exploitation 71 Crimes Act, s 64 (3) use etc child 12 years or older for production of child exploitation

Crimes Act, s 64A trade in child

72 Crimes Act, s 64A trade in child

Crimes Act, s 64A and

73 Crimes Act, s 64A and trade in child

item 74 Crimes Act, s 65 possess child 75 Crimes Act, s 65 and possess child 76 Crimes Act, s 66 (1) (a) grooming—encourage young person to commit etc act of sexual nature

Crimes Act,

77 Crimes Act, s 66 (1) (a) and grooming—encourage young person to commit etc act of sexual nature

Crimes Act,

78 Crimes Act, s 66 (1) (b) conduct with intention of encouraging young

Crimes Act,

79 Crimes Act, s 66 (1) (b) and conduct with intention of encouraging young

item

Crimes Act,

80 Crimes Act, s 66 (1) (c) conduct with person who has relationship with young person with intention of encouraging young

Crimes Act,

81 Crimes Act, s 66 (1) (c) and conduct with person who has relationship with young person with intention of encouraging young

Crimes Act, s 79 (1) sexual servitude—

82 Crimes Act, s 79 (1) sexual servitude— cause person to enter or remain in

Crimes Act, s 79 (2) sexual servitude—

83 Crimes Act, s 79 (2) sexual servitude— conduct business involving

Crimes Act, s 80 deceptive recruiting for

84 Crimes Act, s 80 deceptive recruiting for sexual services

Sex Work Act, s 20 cause child to provide

85 Sex Work Act, s 20 cause child to provide commercial sexual services etc Abduction, harassment and related offences

Crimes Act, s 37 abduction of young

86 Crimes Act, s 37 abduction of young offence against child other

item

Crimes Act, s 38 kidnapping offence against child other

87 Crimes Act, s 38 kidnapping offence against child other

Crimes Act, s 40 unlawfully take child

88 Crimes Act, s 40 unlawfully take child etc offence against child other

Crimes Act, s 63 abduction offence against vulnerable

89 Crimes Act, s 63 abduction offence against vulnerable Public order offences

Crimes Act, s 63A bestiality

90 Crimes Act, s 63A bestiality

item Homicide and related offences 1 Crimes Act, s 15 manslaughter 2 Crimes Act, s 15 and manslaughter 3 Crimes Act, s 15 and manslaughter 4 Crimes Act, s 17 (1) suicide—aids or abets 5 Crimes Act, s 17 (2) suicide—incites or counsels 6 Crimes Act, s 29 (2) culpable driving of 7 Crimes Act, s 29 (2) and s 48A (2) 8 Crimes Act, s 29 (2) and s 48C (2) 9 Crimes Act, s 42 child destruction

item 10 Road Transport (Safety and Traffic Management) Act, s 6 (1) drive motor vehicle negligently causes death Acts intended to cause injury 11 Crimes Act, s 19 intentionally inflict 12 Crimes Act, s 19 and 13 Crimes Act, s 19 and 14 Crimes Act, s 20 recklessly inflict 15 Crimes Act, s 20 and 16 Crimes Act, s 20 and 17 Crimes Act, s 21 wounding offence other than against

item 18 Crimes Act, s 21 and 19 Crimes Act, s 21 and 20 Crimes Act, s 22 assault with intent to commit other offence 21 Crimes Act, s 23 and harm 22 Crimes Act, s 23 and harm 23 Crimes Act, s 24 and 24 Crimes Act, s 24 and 25 Crimes Act, s 25 cause grievous bodily harm

item 26 Crimes Act, s 27 (3) (a) 27 Crimes Act, s 27 (3) (a) and 28 Crimes Act, s 27 (3) (b) 29 Crimes Act, s 27 (3) (b) and 30 Crimes Act, s 27 (3) (c) 31 Crimes Act, s 27 (3) (c) and 32 Crimes Act, s 27 (3) (e) 33 Crimes Act, s 27 (3) (e) and

item 34 Crimes Act, s 27 (3) (f) 35 Crimes Act, s 27 (3) (f) and 36 Crimes Act, s 27 (3) (g) 37 Crimes Act, s 27 (3) (g) and 38 Crimes Act, s 36 torture offence other than against 39 Crimes Act, s 74 prohibition of female genital mutilation Sexual assault and related offences 40 Crimes Act, s 51 sexual assault in first 41 Crimes Act, s 51 and s 72AA (2) sexual assault in first

item 42 Crimes Act, s 52 sexual assault in 43 Crimes Act, s 52 and s 72AA (2) sexual assault in 44 Crimes Act, s 53 sexual assault in third 45 Crimes Act, s 53 and s 72AA (2) sexual assault in third 46 Crimes Act, s 54 sexual intercourse 47 Crimes Act, s 54 and s 72AA (2) sexual intercourse 48 Crimes Act, s 55 (3) sexual intercourse with 49 Crimes Act, s 55 (3) and 50 Crimes Act, s 57 act of indecency in first

item 51 Crimes Act, s 57 and s 72AA (2) act of indecency in first 52 Crimes Act, s 58 act of indecency in 53 Crimes Act, s 58 and s 72AA (2) 54 Crimes Act, s 59 act of indecency in 55 Crimes Act, s 59 and s 72AA (2) 56 Crimes Act, s 60 act of indecency 57 Crimes Act, s 60 and s 72AA (2) 58 Crimes Act, s 61 (3) act of indecency

item 59 Crimes Act, s 61 (3) and 60 Crimes Act, s 61B (1) observe with device or other person 61 Crimes Act, s 61B (1) and observe with device or other person 62 Crimes Act, s 61B (5) observe with device or other person’s genital/ anal region or breasts 63 Crimes Act, s 61B (5) and observe with device or other person’s genital/ anal region or breasts 64 Crimes Act, s 62 (3) incest (16 years or older) 65 Crimes Act, s 72C non-consensual distribution of intimate images

item 66 Crimes Act, s 72C and s 72EA (2) non-consensual distribution of intimate images 67 Crimes Act, s 72D Distribution of intimate image of young person 68 Crimes Act, s 72D and s 72EA (2) Distribution of intimate image of young person 69 Crimes Act, s 79 (1) sexual servitude— cause person to enter or remain in 70 Crimes Act, s 79 (2) sexual servitude— conduct business involving 71 Crimes Act, s 80 deceptive recruiting for sexual services Dangerous or negligent acts endangering others 72 Crimes Act, s 39 neglect etc of children 73 Crimes Act, s 41 expose or abandon child Abduction, harassment and related offences

Crimes Act, s 38 kidnapping offence against child family

74 Crimes Act, s 38 kidnapping offence against child family member or person other than a vulnerable person

Crimes Act, s 63 abduction offence against child family

75 Crimes Act, s 63 abduction offence against child family member or person other than a vulnerable person

item Fraud, deception and related offences 76 Criminal Code, s 326 obtain property by deception 77 Criminal Code, s 332 obtain financial advantage by deception 78 Criminal Code, s 334 conspiracy to defraud offence against vulnerable 79 Criminal Code, s 336 pass valueless cheques offence against vulnerable 80 Criminal Code, s 337 make false or misleading statements 81 Criminal Code, s 339 produce false or misleading documents 82 Criminal Code, s 346 forgery offence against vulnerable 83 Criminal Code, s 347 use false document offence against vulnerable 84 Criminal Code, s 348 possess false document offence against vulnerable Illicit drug offences 85 Criminal Code, s 603 (1) drug—large 86 Criminal Code, s 603 (3) drug—commercial quantity 87 Criminal Code, s 603 (5) drug—trafficable quantity of cannabis

item 88 Criminal Code, s 603 (7) drug—controlled drug other than cannabis 89 Criminal Code, s 607 (1) drug to sell—large 90 Criminal Code, s 607 (3) drug to sell—

Criminal Code,

91 Criminal Code, s 607 (5) drug to sell

Criminal Code,

92 Criminal Code, s 609 drug 93 Criminal Code, s 610 (1) 94 Criminal Code, s 610 (3) 95 Criminal Code, s 610 (5) precursor for

Criminal Code,

96 Criminal Code, s 611 (1)

Criminal Code,

97 Criminal Code, s 611 (3) precursor to sell—large

Criminal Code,

98 Criminal Code, s 611 (5)

item

Criminal Code,

99 Criminal Code, s 611 (7) precursor to sell—

100

Criminal Code,

100 Criminal Code, s 611 (9) precursor

101

Criminal Code,

101 Criminal Code, s 611 (10) precursor to sell 102 Criminal Code, s 612 (1) 103 Criminal Code, s 612 (3) 104 Criminal Code, s 612 (5) precursor

105

Criminal Code,

105 Criminal Code, s 613 (1) supply substance, document for drug

106

Criminal Code,

106 Criminal Code, s 613 (2) possess substance, document to supply for drug manufacture

107

Criminal Code,

107 Criminal Code, s 614 possess substance, document for drug

108

Criminal Code,

108 Criminal Code, s 616 (1) plant to sell—large

109

Criminal Code,

109 Criminal Code, s 616 (3) plant to sell—

item

110

Criminal Code,

110 Criminal Code, s 616 (5) plant to sell— trafficable quantity

111

Criminal Code,

111 Criminal Code, s 616 (7) cultivate other controlled plant to sell

112

Criminal Code,

112 Criminal Code, s 618 (1) plant other than cannabis plant

113

Criminal Code,

113 Criminal Code, s 619 (1) large commercial quantity

114

Criminal Code,

114 Criminal Code, s 619 (3)

115

Criminal Code,

115 Criminal Code, s 619 (5) trafficable quantity of cannabis plant

116

Criminal Code,

116 Criminal Code, s 619 (7) controlled plant other than cannabis plant

117

Criminal Code,

117 Criminal Code, s 620 (1) supply controlled document—cultivation

118

Criminal Code,

118 Criminal Code, s 620 (2) document—intent to supply to another

119

Criminal Code,

119 Criminal Code, s 621 document—cultivation

item

120

Criminal Code,

120 Criminal Code, s 622 (1) supply controlled drug to child for selling—

121

Criminal Code,

121 Criminal Code, s 622 (3) supply controlled drug to child for selling

122

Criminal Code,

122 Criminal Code, s 624 (1) procure child to traffic in controlled drug—

123

Criminal Code,

123 Criminal Code, s 624 (4) procure child to traffic in controlled drug

124

Criminal Code, s 625 supply controlled drug

124 Criminal Code, s 625 supply controlled drug to child Public order offences

125

Animal Welfare Act,

125 Animal Welfare Act, s 7A aggravated cruelty

(see s 4) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • ACT • adult • Australia • change • chief police officer • child • commissioner for fair trading • contravene • Corporations Act • correctional centre • Criminal Code • detention place • director-general (see s 163) • disallowable instrument (see s 9) • document • domestic partner (see s 169 (1)) • emergency service • entity • foreign country • found guilty • function • health practitioner • home address • lawyer • Legislation Act • notifiable instrument (see s 10)

• penalty unit (see s 133) • person (see s 160) • police officer • registrar-general • reviewable decision notice • road transport authority • territory law • the Territory • work health and safety commissioner • working day • writing. ACT Teacher Quality Institute means the institute established under the ACT Teacher Quality Institute Act 2010, section 10. additional risk assessment—see section 54 (2) (a). adult conviction or finding of guilt, for a person for an offence, means a conviction or finding of guilt for an offence committed when the person was an adult. Animal Welfare Act, for schedule 3 (Disqualifying offences)— application, for registration, for part 4 (Applying for registration)— see section 16A. class A disqualifying offence—see section 11B. class B disqualifying offence—see section 11B. commissioner means the commissioner for fair trading. conditional registration means a registration that is subject to conditions. contact, between a person and a vulnerable person—see section 10.

corresponding law means— (a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or (b) a law of another jurisdiction prescribed by regulation as a corresponding law for this Act. Crimes Act, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1. criminal history, about a person—see section 24. disqualifying offence—see section 11B. Drugs of Dependence Act, for schedule 3 (Disqualifying offences)— employer, in relation to a regulated activity—see section 11. engaged, in a regulated activity—see section 9. independent advisor means an independent advisor appointed under section 34. interim condition—see section 54A. jurisdiction means a State, the Commonwealth or an internal Territory, including the ACT. kinship carer—see the Children and Young People Act 2008, section 516. named employer, for a regulated activity—see section 18 (1) (d) (i). NDIS Act means the National Disability Insurance Scheme Act 2013 (Cwlth). NDIS activity—see section 8A. NDIS quality and safeguards commission means the NDIS quality and safeguards commission established under the NDIS Act, section 181A.

negative notice—see section 40 (2) (a). negative risk assessment—see section 37 (1) (b). non-conviction information, about a person—see section 25. proposed conditional registration notice—see section 43 (1). proposed negative notice—see section 37 (2). registered NDIS provider—see the NDIS Act, section 9 (Definitions). registration means a registration under this Act. regulated activity—see section 8. relevant offence—see section 11A. reviewable decision, for part 7 (Notification and review of decisions)—see section 61. revised risk assessment—see section 38 (2). risk assessment, for a person—see section 23. risk assessment guidelines—see section 27. Road Transport (Safety and Traffic Management) Act, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1. role-based registration—see section 42B. Sex Work Act, for schedule 3 (Disqualifying offences)— spent, for a conviction—see the Spent Convictions Act 2000, section 7. vulnerable person—see section 7. young adult relationship, for schedule 3 (Disqualifying offences)—

About the endnotes 1 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Working with Vulnerable People (Background Checking) Act 2011 A2011-44 notified LR 8 November 2011 s 1, s 2 commenced 8 November 2011 (LA s 75 (1)) remainder commenced 8 November 2012 (s 2 (2)) as amended by Statute Law Amendment Act 2012 A2012-21 sch 1 pt 1.3 notified LR 22 May 2012 s 1, s 2 commenced 22 May 2012 (LA s 75 (1)) sch 1 pt 1.3 commenced 8 November 2012 (s 2 (2) and see A2011-44 s 2 (2)) Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.55 notified LR 24 May 2013 s 1, s 2 commenced 24 May 2013 (LA s 75 (1)) sch 3 pt 3.55 commenced 14 June 2013 (s 2) Statute Law Amendment Act 2014 (No 2) A2014-44 sch 3 pt 3.13 notified LR 5 November 2014 s 1, s 2 commenced 5 November 2014 (LA s 75 (1)) sch 3 pt 3.13 commenced 19 November 2014 (s 2) Children and Young People Amendment Act 2015 (No 2) A2015-22 sch 1 pt 1.1 notified LR 16 June 2015 s 1, s 2 commenced 16 June 2015 (LA s 75 (1)) sch 1 pt 1.1 commenced 1 July 2015 (s 2) Veterinary Surgeons Act 2015 A2015-29 sch 2 pt 2.13 notified LR 20 August 2015 s 1, s 2 commenced 20 August 2015 (LA s 75 (1)) sch 2 pt 2.13 commenced 1 December 2015 (s 2 (1) and CN2015-22)

Legislation history 3 Spent Convictions (Historical Homosexual Convictions Extinguishment) Amendment Act 2015 A2015-45 sch 1 pt 1.9 notified LR 6 November 2015 s 1, s 2 commenced 6 November 2015 (LA s 75 (1)) sch 1 pt 1.9 commenced 7 November 2015 (s 2) Children and Young People Amendment Act 2015 (No 3) A2015-46 sch 1 notified LR 6 November 2015 s 1, s 2 commenced 6 November 2015 (LA s 75 (1)) sch 1 commenced 1 January 2016 (s 2) Reportable Conduct and Information Sharing Legislation Amendment Act 2016 A2016-39 pt 4 notified LR 17 August 2016 s 1, s 2 commenced 17 August 2016 (LA s 75 (1)) s 15 commenced 1 July 2017 (s 2 (2) and CN2017-2) pt 4 remainder commenced 18 August 2016 (s 2 (1)) Family Violence Act 2016 A2016-42 sch 3 pt 3.22 (as am by A2017-10 s 7) notified LR 18 August 2016 s 1, s 2 commenced 18 August 2016 (LA s 75 (1)) sch 3 pt 3.22 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7) Family and Personal Violence Legislation Amendment Act 2017 A2017-10 s 7 notified LR 6 April 2017 s 1, s 2 commenced 6 April 2017 (LA s 75 (1)) s 7 commenced 30 April 2017 (s 2 (1)) Note This Act only amends the Family Violence Act 2016 A2016-42. Road Transport Reform (Light Rail) Legislation Amendment Act 2018 A2018-19 sch 1 pt 1.11 notified LR 17 May 2018 s 1, s 2 commenced 17 May 2018 (LA s 75 (1)) sch 1 pt 1.11 commenced 24 May 2018 (s 2)

Act 2019 A2019-13 (as am by A2020-14 amdt 1.142) notified LR 23 May 2019 s 1, s 2 commenced 23 May 2019 (LA s 75 (1)) remainder commenced 1 February 2021 (s 2 (1) (as am by A2020-14 amdt 1.142) and CN2021-1) Work Health and Safety Amendment Act 2019 A2019-38 sch 1 pt 1.12 notified LR 31 October 2019 s 1, s 2 commenced 31 October 2019 (LA s 75 (1)) sch 1 pt 1.12 commenced 1 February 2021 (s 2 (2) and see A2019-13 s 2 (as am by A2020-14 amdt 1.142) and CN2021-1) COVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.20 notified LR 7 April 2020 s 1, s 2 commenced 7 April 2020 (LA s 75 (1)) sch 1 pt 1.20 commenced 8 April 2020 (s 2 (1)) COVID-19 Emergency Response Legislation Amendment Act 2020 A2020-14 sch 1 pt 1.32, amdt 1.142 notified LR 13 May 2020 s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2)) sch 1 pt 1.32, amdt 1.142 commenced 14 May 2020 (s 2 (1)) Note This Act also amends the Working with Vulnerable People (Background Checking) Amendment Act 2019 A2019-13. Act 2020 A2020-29 notified LR 23 May 2019 s 1, s 2 commenced 23 May 2019 (LA s 75 (1)) remainder commenced 1 February 2021 (s 2 (a) and see A2019-13 s 2 (as am by A2020-14 amdt 1.142) and CN2021-1) COVID-19 Emergency Response Legislation Amendment Act 2021 A2021-1 sch 1 pt 1.16 notified LR 19 February 2021 s 1, s 2 commenced 19 February 2021 (LA s 75 (1)) sch 1 pt 1.16 commenced 20 February 2021 (s 2 (1))

Legislation history 3 Family Violence Legislation Amendment Act 2022 A2022-13 pt 6 notified LR 10 August 2022 s 1, s 2 commenced 10 August 2022 (LA s 75 (1)) pt 6 commenced 17 August 2022 (s 2) Background Checking Legislation Amendment Act 2023 A2023-12 pt 3 notified LR 11 April 2023 s 1, s 2 commenced 11 April 2023 (LA s 75 (1)) pt 3 commenced 12 April 2023 (s 2) Crimes Legislation Amendment Act 2023 A2023-33 sch 2 pt 2.9 notified LR 6 September 2023 s 1, s 2 commenced 6 September 2023 (LA s 75 (1)) sch 2 pt 2.9 commenced 13 September 2023 (s 2) Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 A2023-45 sch 1 pt 1.9 notified LR 15 November 2023 s 1, s 2 commenced 15 November 2023 (LA s 75 (1)) sch 1 pt 1.9 commenced 27 March 2024 (s 2 (2) (a)) Education and Care Services National Law (ACT) Amendment Act 2024 A2024-33 sch 1 pt 1.8 notified LR 10 July 2024 s 1, s 2 commenced 10 July 2024 (LA s 75 (1)) sch 1 pt 1.8 commenced 11 July 2024 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2025 (No 3) A2025-22 sch 1 pt 1.8 notified LR 12 September 2025 s 1, s 2 commenced 12 September 2025 (LA s 75 (1)) sch 1 pt 1.8 commenced 1 November 2025 (s 2 (3) (a) and see Aged Care Act 2024 (Cwlth) s 7) Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.109, sch 4 pt 4.196 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.109, sch 4 pt 4.196 commenced 26 November 2025 (s 2 (3), (9))

Act 2025 A2025-39 pt 2 notified LR 15 December 2025 s 1, s 2 commenced 15 December 2025 (LA s 75 (1)) pt 2 commenced 16 December 2025 (s 2) Justice and Community Safety Legislation Amendment Act 2026 A2026-4 pt 14 notified LR 16 February 2026 s 1, s 2 commenced 16 February 2026 (LA s 75 (1)) pt 14 commenced 23 February 2026 (s 2)

Commencement s 2 om LA s 89 (4) When does Act apply to a regulated activity? s 3 table sub A2012-21 amdt 1.5 exp 8 November 2018 (s 3 (2)) Best interests of vulnerable people paramount consideration s 6A ins A2020-29 s 4 What is a regulated activity? s 8 am A2019-13 s 4; A2025-29 amdt 4.199 What is an NDIS activity? s 8A ins A2019-13 s 5 When is a person engaged in a regulated activity? s 9 am A2020-29 s 5 What is contact with a vulnerable person? s 10 am A2019-13 s 6, s 7; A2020-29 s 6 Who is an employer? s 11 sub A2019-13 s 8 Meaning of relevant offence s 11A ins A2020-29 s 7 Meaning of disqualifying offence etc s 11B ins A2020-29 s 7 sub A2023-12 s 5 Disqualifying offences—kinship care activities s 11C ins A2023-12 s 5 When is a person required to be registered? s 12 am A2015-29 amdt 2.92; A2019-13 ss 9-12; A2020-29 s 8, s 9; ss renum R16 LA; A2023-12 ss 6-8; pars renum R20 LA; A2025-22 amdt 1.31; A2025-29 amdt 4.199 Offences—person engage in regulated activity for which person not registered s 13 am A2020-29 s 10, s 11 Offences—employer engage person in regulated activity for which person not registered s 14 am A2020-29 s 12, s 13

When unregistered person may be engaged in regulated activity— supervised employment s 15 am A2019-13 s 13, s 14; pars renum R16 LA Interim bar—supervised employment s 15A hdg sub A2020-29 s 14 s 15A ins A2019-13 s 15 am A2020-29 s 15 When unregistered person may be engaged in regulated activity—kinship carer or foster carer s 16 am A2015-46 amdt 1.1; A2020-29 s 16, s 17 sub A2023-12 s 9 Meaning of application—pt 4 s 16A ins A2019-13 s 16 Application for registration s 17 sub A2019-13 s 17 am A2020-29 s 18, s 19; ss renum R16 LA; A2025-29 amdt 4.199; A2025-39 s 4; ss renum R26 LA Application for registration—contents s 18 am A2019-13 ss 18-22; pars renum R16 LA Application for registration for NDIS activity—additional contents s 18A ins A2019-13 s 23 am A2025-29 amdt 3.392 Application for registration—additional information s 19 am A2019-13 s 24 Application for registration—withdrawal s 20 am A2019-13 s 25, s 26; ss renum R16 LA Offences—applicant fail to disclose charge, conviction or finding of guilt for relevant offence s 21 hdg sub A2019-13 s 27; A2020-29 s 20 s 21 am A2019-13 s 28; A2020-29 s 21 Offence—applicant fail to disclose change in relevant information s 21A ins A2019-13 s 29 Restriction on reapplying for registration s 22 am A2019-13 s 30, s 31; A2020-29 s 22; ss renum R16 LA; A2025-39 s 5 Exemption from s 17 (3)—corresponding law inconsistent with territory law s 22A ins A2025-39 s 6

Meaning of criminal history s 24 am A2015-45 amdt 1.9 sub A2019-13 s 32; A2020-29 s 23 Meaning of non-conviction information s 25 am A2019-13 s 33 sub A2020-29 s 23 Meaning of relevant offence s 26 om A2020-29 s 23 Meaning of disqualifying offence etc s 26A ins A2019-13 s 34 om A2020-29 s 23 Risk assessment guidelines s 27 am A2013-19 amdt 3.517; A2025-29 amdt 4.199 Risk assessment guidelines—content s 28 am A2014-44 amdt 3.86; A2016-42 amdt 3.107; A2019-13 s 35, s 36; A2020-29 s 24, s 25 Risk assessment guidelines—criminal history s 29 sub A2019-13 s 37; A2020-29 s 26 Risk assessment guidelines—non-conviction information s 30 am A2019-13 s 38; A2020-29 s 27, s 28 Risk assessments s 32 am A2020-29 s 29; A2025-39 s 7 Commissioner may request information from an entity to conduct risk assessments s 33 sub A2016-39 s 12 am A2019-13 s 39, s 40; ss renum R16 LA Independent advisors—appointment s 34 am A2014-44 amdt 3.87, amdt 3.88; A2020-29 s 30; A2023-12 s 10; A2025-29 amdt 4.199 Independent advisors—advice s 35 am A2019-13 s 41 Proposed negative notices s 37 am A2019-13 s 42; A2020-29 s 31; ss renum R16 LA Reconsideration of negative risk assessments s 38 am A2019-13 s 43 Negative notices s 40 am A2014-44 amdt 3.89; A2019-13 s 44; A2020-29 ss 32-36; pars, ss renum R16 LA; A2025-39 s 8; pars renum R26 LA

Registration s 41 am A2019-13 s 45, s 46; A2020-29 s 37; ss renum R16 LA; A2025-39 s 9 Conditional registration s 42 am A2020-29 s 38 Conditional registration—class A disqualifying offence or negative status under corresponding law s 42A ins A2020-29 s 39 am A2023-12 s 11 sub A2025-39 s 10 Conditional registration—role-based registration s 42B ins A2020-29 s 39 Conditional registration—disqualifying offences s 42C ins A2020-29 s 39 Proposed conditional registration s 43 am A2014-44 amdt 3.90; A2020-29 s 40, s 41 Reconsideration of proposed conditional registration s 44 am A2019-13 ss 47-49; ss renum R16 LA Notice of conditional registration s 46 am A2020-29 s 42; ss renum R16 LA Conditional registration—amendment s 47 am A2019-13 s 50; ss renum R16 LA Restrictions on reapplying for amendment of conditional registration s 47A ins A2019-13 s 51 div 6.2 hdg om A2019-13 s 52 s 49 am A2014-44 amdt 3.91 om A2019-13 s 52 Offence—fail to produce registration card s 50 om A2019-13 s 52 Lost, stolen or damaged registration cards s 51 am A2013-19 amdt 3.518 om A2019-13 s 52 Offence—fail to return registration card s 52 om A2019-13 s 52

Commissioner may request information from entities about registered people s 53 sub A2016-39 s 13 am A2019-13 s 53, s 54; ss renum R16 LA Additional risk assessments s 54 am A2019-13 s 55, s 56 Interim conditional registration s 54A ins A2019-13 s 57 am A2020-29 s 43 Offence—registered person contravene interim condition of registration s 54B ins A2019-13 s 57 Offences—registered person fail to disclose charge, conviction or finding of guilt for relevant offence s 55 hdg sub A2019-13 s 58; A2020-29 s 44 s 55 am A2019-13 s 59; A2020-29 s 45 Offence—applicant fail to disclose change in relevant information s 55A ins A2019-13 s 60 Offence—fail to notify change of name s 56 hdg sub A2020-29 s 46 s 56 am A2019-13 s 61, s 62 Automatic cancellation—class A disqualifying offence or negative status under corresponding law s 56A hdg sub A2025-39 s 11 s 56A ins A2020-29 s 47 am A2025-39 s 12 s 58 am A2014-44 amdt 3.92; A2020-29 s 48 Suspension or cancellation of registration s 59 am A2019-13 s 63, s 64; A2020-29 s 49 Surrendering registration s 60 am A2013-19 amdt 3.519, amdt 3.520; A2013-19 s 65, s 66; ss renum R16 LA COVID-19 emergency response div 6.6 hdg ins A2020-11 amdt 1.69 Definitions—div 6.6 s 60A ins A2020-11 amdt 1.69 sub A2020-14 amdt 1.138

Extending registration—COVID-19 emergency period s 60B ins A2020-11 amdt 1.69 am A2020-14 amdt 1.139 om A2021-1 amdt 1.28 Extending registration—COVID-19 emergency period—further provisions s 60BA ins A2021-1 amdt 1.28 Renewing expired registration—COVID-19 emergency period s 60C ins A2020-11 amdt 1.69 am A2020-14 amdt 1.140 om A2021-1 amdt 1.28 Expiry—div 6.6 s 60D ins A2020-11 amdt 1.69 am A2020-14 amdt 1.141 Reviewable decision notices s 62 am A2025-29 amdt 4.199 Applications for review s 63 am A2025-29 amdt 4.199 Information sharing pt 7A hdg ins A2016-39 s 14 Commissioner may give information to particular entities s 63A ins A2016-39 s 14 am A2016-39 s 15; pars renum R10 LA; A2019-13 s 67, s 68; A2019-38 amdt 1.30, amdt 1.31; pars renum R16 LA Particular entities may give information to commissioner s 63B ins A2016-39 s 14 am A2019-13 s 69, s 70; A2019-38 amdt 1.32, amdt 1.33; pars renum R16 LA; A2026-4 s 44, s 45; ss renum R28 LA Commissioner may give information to employers s 63C ins A2019-13 s 71 am A2020-29 s 50 reloc to pt 7A A2020-29 s 51 Determination of fees s 68 am A2025-29 amdt 4.199 Approved forms s 69 om A2019-13 s 72 Review of Act s 70 exp 8 November 2020 (s 70 (2))

Regulation-making power s 71 am A2014-44 amdt 3.93; A2025-29 amdt 4.199; A2025-39 s 13; ss renum R26 LA Transitional—Working with Vulnerable People (Background Checking) Amendment Act 2020 pt 9 hdg ins A2020-29 s 52 Meaning of commencement day—pt 9 s 72 om LA s 89 (3) ins A2020-29 s 52 Foster carers s 73 ins A2020-29 s 52 Expiry—pt 9 s 74 ins A2020-29 s 52 Regulated activities sch 1 am A2015-22 amdt 1.1; A2015-46 amdt 1.2; A2018-19 amdt 1.21, amdt 1.22; A2023-12 s 12, s 13; A2023-45 amdts 1.36-1.38; A2024-33 amdts 1.16-1.18; pars renum R23 LA Reviewable decisions sch 2 am A2019-13 ss 73-75; A2020-29 s 53, s 54; items renum R16 LA Disqualifying offences sch 3 ins A2019-13 s 76 sub A2020-29 s 55 am A2022-13 s 96; A2023-12 ss 14-20; items renum R20 LA; A2023-33 amdt 2.35; A2025-29 amdt 3.393; A2026-4 s 46 dict am A2019-13 s 77; A2019-38 amdt 1.34, amdt 1.35 def ACT Teacher Quality Institute ins A2016-39 s 16 def adult conviction or finding of guilt ins A2020-29 s 56 def Animal Welfare Act ins A2019-13 s 78 def application ins A2019-13 s 78 def class A disqualifying offence ins A2019-13 s 78 def class B disqualifying offence ins A2019-13 s 78 def Crimes Act ins A2019-13 s 78

def Criminal Code ins A2019-13 s 78 om A2025-29 amdt 3.394 def disqualifying offence ins A2019-13 s 78 def Drugs of Dependence Act ins A2020-29 s 58 def interim bar ins A2019-13 s 78 om A2020-29 s 59 def interim condition ins A2019-13 s 78 def kinship care activity ins A2020-29 s 60 om A2023-12 s 21 def kinship carer ins A2020-29 s 60 def NDIS Act ins A2019-13 s 78 def NDIS activity ins A2019-13 s 78 def NDIS quality and safeguards commission ins A2019-13 s 78 def registered NDIS provider ins A2019-13 s 78 def registration card om A2019-13 s 79 def registration number om A2014-44 amdt 3.94 def relevant offence sub A2020-29 s 61 def Road Transport (Safety and Traffic Management) Act ins A2020-29 s 62 def role-based registration sub A2020-29 s 63 def Sex Work Act ins A2019-13 s 78 def young adult relationship ins A2020-29 s 64

Earlier republications 5 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. for 8 Nov 2012 8 Nov 2012– A2012-21 new Act and amendments by A2012-21 14 June 2013– 18 Nov 2014 A2013-19 amendments by A2013-19 19 Nov 2014 19 Nov 2014– A2014-44 amendments by A2014-44 1 July 2015– 6 Nov 2015 A2015-22 amendments by A2015-22 7 Nov 2015 7 Nov 2015– 30 Nov 2015 A2015-45 amendments by A2015-45 1 Dec 2015 1 Dec 2015– 31 Dec 2015 A2015-45 amendments by A2015-29 1 Jan 2016 1 Jan 2016– 17 Aug 2016 A2015-46 amendments by A2015-46 18 Aug 2016 18 Aug 2016– 30 Apr 2017 A2016-39 amendments by A2016-39 1 May 2017– A2017-10 amendments by A2016-42 as amended by A2017-10 1 July 2017– A2017-10 amendments by A2016-39 24 May 2018– 8 Nov 2018 A2018-19 amendments by A2018-19

5 Earlier republications for 9 Nov 2018 9 Nov 2018– 7 Apr 2020 A2018-19 expiry of provision (s 3) 8 Apr 2020 8 Apr 2020– A2020-11 amendments by A2020-11 14 May 2020– 8 Nov 2020 A2020-14 amendments by A2020-14 9 Nov 2020 9 Nov 2020– 31 Jan 2021 A2020-14 expiry of provision (s 70) R16 (RI) 23 Sept 2022 1 Feb 2021– 19 Feb 2021 A2020-29 amendments by A2019-13, A2019-38 and A2020-29 R17 (RI) 23 Sept 2022 20 Feb 2021– 16 Aug 2022 A2021-1 amendments by A2021-1 R18 (RI) 17 Aug 2022 17 Aug 2022– 29 Mar 2023 A2022-13 amendments by A2022-13 30 Mar 2023 30 Mar 2023– 11 Apr 2023 A2022-13 expiry of provisions (div 6.6) 12 Apr 2023 12 Apr 2023– 12 Sept 2023 A2023-12 amendments by A2023-12 13 Sept 2023 13 Sept 2023– 26 Mar 2024 A2023-33 amendments by A2023-33 27 Mar 2024 27 Mar 2024– A2023-45 amendments by A2023-45

Expired transitional or validating provisions 6 for 11 July 2024– 31 Oct 2025 A2024-33 amendments by A2024-33 1 Nov 2025 1 Nov 2025– 25 Nov 2025 A2025-22 amendments by A2025-22 26 Nov 2025 26 Nov 2025– 15 Dec 2025 A2025-29 amendments by A2025-29 16 Dec 2025 16 Dec 2025– 1 Feb 2026 A2025-39 amendments by A2025-39 2 Feb 2026 2 Feb 2026– 22 Feb 2026 A2025-39 expiry of transitional provisions (pt 9) 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.

Source text: opening excerpt

Sourced from the ACT Legislation Register (legislation.act.gov.au), CC BY 4.0.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Working with Vulnerable People (Background Checking) Act 2011 A2011-44 Republication No 28 Effective: 23 February 2026 Republication date: 23 February 2026 Last amendment made by A2026-4

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Working with Vulnerable People (Background Checking) Act 2011 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 February 2026. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 23 February 2026. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).