28Risk 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.