Australian Capital Territory Numbered Acts

WORKING WITH VULNERABLE PEOPLE (CONSEQUENTIAL AMENDMENTS) ACT 2011 (NO. 45 OF 2011) - SCHEDULE 1

Schedule 1     Legislation amended

(see s 3)

Part 1.1     ACT Teacher Quality Institute Act 2010

[1.1]     New division 4.1A

insert

Division 4.1A     Definitions—pt 4

27A     Definitions—pt 4

In this part:

"criminal history guidelines"––see section 35A.

"criminal history record", of a person, means a written report about the person's criminal history from an entity in another country that has access to records about the criminal history of people in that country.

"police certificate", for a person, means a written statement by CrimTrac, or a police service or force in the ACT, State or another territory indicating—

        (a)     whether, according to the records held by CrimTrac or the police service or force, the person has been charged with, or convicted of, an offence against a law of—

              (i)     the Territory; or

              (ii)     the Commonwealth; or

              (iii)     a State; or

              (iv)     another country; and

        (b)     if so—particulars of each offence.

Note     A conviction does not include a spent conviction (see Spent Convictions Act 2000 , s 16 (c) (i)).

27B     Expiry—div 4.1A

This division expires—

        (a)     1 year after the day this division commences; or

        (b)     if another date is prescribed by regulation for this division—on that date.

[1.2]     Section 32 (1) (d), (e) and (f)

substitute

        (d)     the person is registered under the Working with Vulnerable People (Background Checking) Act 2011 ; and

[1.3]     New section 32 (1A)

insert

    (1A)     However, subsection (1) (d) does not apply if the institute is satisfied on reasonable grounds that—

        (a)     if the person has lived in Australia––the person has supplied a police certificate; and

        (b)     if the person has lived in another country as an adult for a continuous period of more than 1 year––the person has supplied a certified copy of the person's criminal history record from that country; and

        (c)     in relation to any conviction mentioned in the certificate or criminal history record supplied under paragraph (a) or (b)—

              (i)     the certificate or criminal history record has been assessed in accordance with the criminal history guidelines; and

              (ii)     the conviction does not have a high degree of direct connection with the inherent requirements of the teaching profession.

[1.4]     Section 32 (2)

omit

subsection (1) (e)

substitute

subsection (1A) (b)

[1.5]     New section 32 (2A)

insert

    (2A)     Subsections (1A) and (2), and this subsection, expire—

        (a)     1 year after the day this subsection commences; or

        (b)     if another date is prescribed by regulation for this subsection—on that date.

[1.6]     Section 33 (1) (c), (d) and (e)

substitute

        (c)     the person is registered under the Working with Vulnerable People (Background Checking) Act 2011 ; and

[1.7]     New section 33 (1A)

insert

    (1A)     However, subsection (1) (c) does not apply if the institute is satisfied on reasonable grounds that—

        (a)     if the person has lived in Australia––the person has supplied a police certificate; and

        (b)     if the person has lived in another country as an adult for a continuous period of more than 1 year––the person has supplied a certified copy of the person's criminal history record from that country; and

        (c)     in relation to any conviction mentioned in the certificate or criminal history record supplied under paragraph (a) or (b)—

              (i)     the certificate or criminal history record has been assessed in accordance with the criminal history guidelines; and

              (ii)     the conviction does not have a high degree of direct connection with the inherent requirements of the teaching profession.

[1.8]     Section 33 (2)

omit

subsection (1) (d)

substitute

subsection (1A) (b)

[1.9]     New section 33 (2A)

insert

    (2A)     Subsections (1A) and (2), and this subsection, expire—

        (a)     1 year after the day this subsection commences; or

        (b)     if another date is prescribed by regulation for this subsection—on that date.

[1.10]     Section 35 (1) (b), (c) and (d)

substitute

        (b)     the person is registered under the Working with Vulnerable People (Background Checking) Act 2011 ;

[1.11]     New section 35 (1A)

insert

    (1A)     However, subsection (1) (b) does not apply if the institute is satisfied on reasonable grounds that—

        (a)     if the person has lived in Australia––the person has supplied a police certificate; and

        (b)     if the person has lived in another country as an adult for a continuous period of more than 1 year––the person has supplied a certified copy of the person's criminal history record from that country; and

        (c)     that in relation to any conviction mentioned in the certificate or criminal history record supplied under paragraph (a) or (b)—

              (i)     the certificate or criminal history record has been assessed in accordance with the criminal history guidelines; and

              (ii)     the conviction does not have a high degree of direct connection with the inherent requirements of the teaching profession.

[1.12]     Section 35 (2)

omit

subsection (1) (c)

substitute

subsection (1A) (b)

[1.13]     New section 35 (2A)

insert

    (2A)     Subsections (1A) and (2), and this subsection, expire—

        (a)     1 year after the day this subsection commences; or

        (b)     if another date is prescribed by regulation for this subsection—on that date.

[1.14]     New section 35A (3)

insert

    (3)     This section expires—

        (a)     1 year after the day this subsection commences; or

        (b)     if another date is prescribed by regulation for this subsection—on that date.

[1.15]     New section 35B (3)

insert

    (3)     This section expires—

        (a)     1 year after the day this subsection commences; or

        (b)     if another date is prescribed by regulation for this subsection—on that date.

[1.16]     Section 51 (5) (d)

substitute

        (d)     that the teacher is registered under the Working with Vulnerable People (Background Checking) Act 2011 .

[1.17]     New section 51 (5A) and (5B)

insert

    (5A)     However, subsection (5) (d) does not apply if the institute is satisfied on reasonable grounds that—

        (a)     in the 5-year period before the renewal, the teacher has supplied a police certificate or, if applicable, a certified copy of the teacher's criminal history record; and

        (b)     in relation to any conviction mentioned in the certificate or criminal history record—

              (i)     the certificate or criminal history record has been assessed in accordance with the criminal history guidelines; and

              (ii)     the conviction does not have a high degree of direct connection with the inherent requirements of the teaching profession.

    (5B)     Subsection (5A) and this subsection expire—

        (a)     1 year after the day this subsection commences; or

        (b)     if another date is prescribed by regulation for this subsection—on that date.

[1.18]     Section 53 (5) (d)

substitute

        (d)     that the permit-holder is registered under the Working with Vulnerable People (Background Checking) Act 2011 .

[1.19]     New section 53 (5A) and (5B)

insert

    (5A)     However, subsection (5) (d) does not apply if the institute is satisfied on reasonable grounds that—

        (a)     in the 5-year period before the renewal, the permit-holder has supplied a police certificate or, if applicable, a certified copy of the permit-holder's criminal history record; and

        (b)     in relation to any conviction mentioned in the certificate or criminal history record—

              (i)     the certificate or criminal history record has been assessed in accordance with the criminal history guidelines; and

              (ii)     the conviction does not have a high degree of direct connection with the inherent requirements of the teaching profession.

    (5B)     Subsection (5A) and this subsection expire—

        (a)     1 year after the day this subsection commences; or

        (b)     if another date is prescribed by regulation for this subsection—on that date.

[1.20]     Dictionary

omit the definitions of

criminal history guidelines

criminal history record

CrimTrac

police certificate

Part 1.2     Children and Young People Act 2008

[1.21]     New section 63 (3)

insert

    (3)     The director-general must not approve an entity as a suitable entity for a stated purpose if—

        (a)     the purpose involves engaging in a regulated activity within the meaning of the Working with Vulnerable People Act; and

        (b)     the entity is required to be registered under that Act to engage in the activity; and

        (c)     the entity is not registered under that Act.

[1.22]     Section 438 (2), new note

before the note, insert

Note 1     Certain people conducting an activity, or providing a service, under this Act are required to be registered under the Working with Vulnerable People Act (see that Act, s 11 and sch 1).

[1.23]     Section 875 (2), examples

insert

              •     Working with Vulnerable People (Background Checking) Act 2011

[1.24]     Dictionary, new definition of Working with Vulnerable People Act

insert

"Working with Vulnerable People Act" means the Working with Vulnerable People (Background Checking) Act 2011 .

Part 1.3     Public Sector Management Act 1994

[1.25]     Section 68, new note

insert

Note     If a person is to be appointed to a position that involves a regulated activity and contact with a vulnerable person within the meaning of the Working with Vulnerable People (Background Checking) Act 2011 , the person may need to be registered under that Act.

Part 1.4     Spent Convictions Act 2000

[1.26]     New section 19 (1) (e)

insert

        (e)     for registration under the Working with Vulnerable People (Background Checking) Act 2011 .