Working with Vulnerable People (Background Checking) Act 2011
54Additional risk assessments
Start here
Get a plain-English read of 54
Turn the raw legal text into a practical explanation grounded in Working with Vulnerable People (Background Checking) Act 2011.
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.