37Proposed 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