22AExemption 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