Australian Capital Territory Numbered Acts

WORKING WITH VULNERABLE PEOPLE (BACKGROUND CHECKING) AMENDMENT ACT 2019 (NO. 13 OF 2019) - SECT 23

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18A     Application for registration for NDIS activity—additional contents

    (1)     An application for registration to engage in an NDIS activity must also be accompanied by—

        (a)     consent by the applicant for the commissioner to—

              (i)     give information about the status of the applicant's application to the NDIS quality and safeguards commission, a registered NDIS provider or an entity administering a corresponding law; and

              (ii)     give information about the applicant to the NDIS quality and safeguards commission or a law enforcement agency, if the commissioner is satisfied on reasonable grounds that the information is relevant to preventing harm or a risk of harm to a vulnerable person; and

              (iii)     if the commissioner decides to register the applicant—request information or advice from any entity the commissioner considers may be able to give information or advice that is relevant to whether a registered person continues to pose no risk or an acceptable risk of harm to a vulnerable person; and

        (b)     a written statement by the applicant about whether the applicant—

              (i)     has previously been given a negative notice (however described) under this Act or a corresponding law; and

              (ii)     has had a relevant civil penalty imposed upon them; and

              (iii)     has either of the following made against them:

    (A)     a family violence order under the Family Violence Act 2016

or a law of another jurisdiction that substantially corresponds to that Act;

    (B)     a protection order under the Personal Violence Act 2016

or a law of another jurisdiction that substantially corresponds to that Act; and

              (iv)     has parental responsibility for a child or young person for whom any care and protection order under the Children and Young People Act 2008

, or a law of another jurisdiction that substantially corresponds to that Act, is or has been in place; and

        (c)     anything else prescribed by regulation.

Note     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

    (2)     In this section:

"law enforcement agency" means each of the following:

        (a)     the Australian Federal Police;

        (b)     the police service or force of a State, another territory or a foreign country;

        (c)     the Australian Criminal Intelligence Commission;

        (d)     an entity prescribed by regulation.

"relevant civil penalty" means a civil penalty prescribed by regulation.