Working with Vulnerable People (Background Checking) Act 2011
30Risk assessment guidelines—non-conviction information
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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.