Australian Capital Territory Numbered Acts

WORKING WITH VULNERABLE PEOPLE (BACKGROUND CHECKING) AMENDMENT ACT 2019 (NO. 13 OF 2019) - SECT 37

substitute

29     Risk assessment guidelines—criminal history

    (1)     The risk assessment guidelines must provide for the following to be taken into account in relation to any disqualifying offence included in the criminal history of a person applying for registration to engage in an NDIS activity:

        (a)     whether the offence is a class A or class B disqualifying offence;

        (b)     for a class B disqualifying offence or a charge for a class A disqualifying offence—whether exceptional circumstances apply that justify the person being registered.

    (2)     The risk assessment guidelines must provide for the following to be taken into account in relation to any relevant offence included in the person's criminal history:

        (a)     the nature, gravity and circumstances of the offence;

        (b)     the relevance of the offence;

        (c)     how long ago the offence was committed;

        (d)     the age of the person and the victim at the time of the offence;

        (e)     whether the person's circumstances have changed since the offence was committed;

        (f)     the person's attitude to the offence;

        (g)     if the person has undergone a program of treatment or intervention for the offence—any assessment of the person following the program;

        (h)     if the offence was committed outside Australia—whether the offence is an offence in Australia;

              (i)     whether the person has committed any other relevant offence;

        (j)     any submission made by the person to the commissioner in relation to the matters mentioned in paragraphs (a) to (i).