Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BACKGROUND CHECKING LEGISLATION AMENDMENT ACT 2023 (NO. 12 OF 2023) - SECT 5

Section 11B

substitute

11B     Meaning of disqualifying offence etc

    (1)     In this Act:

"class A disqualifying offence" means an offence against—

        (a)     a provision of a law mentioned in schedule 3, part 3.2, column 2, if any condition mentioned in column 4 for the offence is met; or

        (b)     a provision of a law declared to be a class A disqualifying offence, if any condition declared for the offence is met.

"class B disqualifying offence" means an offence against—

        (a)     a provision of a law mentioned in schedule 3, part 3.3, column 2, if any condition mentioned in column 4 for the offence is met; or

        (b)     a provision of a law declared to be a class B disqualifying offence, if any condition declared for the offence is met.

"disqualifying offence" means a class A disqualifying offence or a class B disqualifying offence.

    (2)     The Minister may declare—

        (a)     either of the following to be a class A disqualifying offence or a class B disqualifying offence:

              (i)     a provision of a law of the Commonwealth, another State or a foreign country that corresponds, or substantially corresponds, to a provision of a law mentioned in—

    (A)     for a class A disqualifying offence—schedule 3, part 3.2, column 2; and

    (B)     for a class B disqualifying offence—schedule 3, part 3.3, column 2;

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

              (ii)     a provision of a law that has been omitted, or omitted and remade with changes; and

Note     A conviction against an offence under a provision of a law that has been omitted or remade does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000

, s 16 (c) (i) and s 19H (1) (c) (i)).

        (b)     any condition that must be met for an offence declared under paragraph (a) to be a disqualifying offence.

    (3)     A declaration is a disallowable instrument.

11C     Disqualifying offences—kinship care activities

    (1)     This section applies if a person—

        (a)     applies for registration under section 17; and

        (b)     is engaged, or seeking registration to engage, only in a kinship care activity; and

        (c)     has an adult conviction or finding of guilt for a class A disqualifying offence.

    (2)     The person's class A disqualifying offence is taken to be a class B disqualifying offence in relation to the application for registration.

    (3)     In this section:

"kinship care activity" means an activity conducted as a kinship carer under the Children and Young People Act 2008

, part 15.4 (Out-of-home carers).

Note     An activity conducted, or a service provided, by a kinship carer under the Children and Young People Act 2008

is a regulated activity (see sch 1, s 1.1 (2)).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback