Australian Capital Territory Numbered Acts

WORKING WITH VULNERABLE PEOPLE (BACKGROUND CHECKING) AMENDMENT ACT 2019 (NO. 13 OF 2019) - SECT 57

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54A     Interim conditional registration

    (1)     If the commissioner decides to conduct an additional risk assessment for a person, the commissioner may make the person's registration subject to conditions (an interim condition ) while the assessment is conducted.

Example—interim condition

a person may engage in a regulated activity only if in the company of a registered person at all times

Note 1     The commissioner must conduct an additional risk assessment for a person under s 54 if the commissioner believes on reasonable grounds that there is new relevant information about the person.

Note 2     The commissioner may also suspend a person's registration while an additional risk assessment is being conducted for a person (see s 57 (2)).

    (2)     The commissioner must give a person written notice of an intention to make the person's registration subject to an interim condition.

Note     For how documents may be given, see the Legislation Act

, pt 19.5.

    (3)     A notice of intention to make a person's registration subject to an interim condition must—

        (a)     set out the reason for the interim condition; and

        (b)     state that the person may, within 10 working days after the day the commissioner gives the person the notice, give reasons why the person considers that the registration should not be made subject to the interim condition.

    (4)     The commissioner must make a person's registration subject to an interim condition if the commissioner—

        (a)     has given written notice to the person of an intention to make the person's registration subject to an interim condition; and

        (b)     has considered the reasons (if any) given by the person in accordance with the notice; and

        (c)     is satisfied that the reason for the interim condition exists.

Note     The commissioner's decision to make a person's registration subject to an interim condition is reviewable (see s 61).

    (5)     The commissioner must—

        (a)     tell the person, in writing—

              (i)     that the person's registration is subject to an interim condition; and

              (ii)     what the interim condition is; and

              (iii)     the reason for the interim condition; and

        (b)     tell the person's employer (if any), in writing—

              (i)     that the person's registration is subject to an interim condition; and

              (ii)     what the interim condition is.

    (6)     For subsection (5) (b), the commissioner must not tell the person's employer the reason for the interim condition.

    (7)     The interim condition takes effect—

        (a)     on the day after the day the commissioner tells the person, in writing, that the person's registration is subject to an interim condition; or

        (b)     if a later date is stated in the notice—on the later date.

54B     Offence—registered person contravene interim condition of registration

    (1)     A person commits an offence if—

        (a)     the person's registration is subject to an interim condition; and

        (b)     the person contravenes the condition.

Maximum penalty: 50 penalty units.

    (2)     An offence against this section is a strict liability offence.