Australian Capital Territory Numbered Acts

WORKING WITH VULNERABLE PEOPLE (BACKGROUND CHECKING) AMENDMENT ACT 2020 (NO. 29 OF 2020) - SECT 39

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42A     Conditional registration—class A disqualifying offence

A registration of a person who has an adult conviction or finding of guilt for a class A disqualifying offence is automatically subject to the condition that the person must not engage in—

        (a)     a regulated activity involving children; or

        (b)     an NDIS activity.

Note 1     Sections 43 to 46 do not apply to a condition under this section.

Note 2     For a kinship carer, a class A disqualifying offence is treated as if it were a class B disqualifying offence (see s 11B).

42B     Conditional registration—role-based registration

    (1)     The commissioner may register a person (a role-based registration ) subject to 1 or both of the following conditions:

        (a)     that the person engage only in stated regulated activities;

        (b)     that the person engage in regulated activities only for a stated employer.

Example—role-based registration

a person with a criminal record is registered but may only work as a counsellor in a particular correctional centre

    (2)     Before giving a person a role-based registration, the commissioner may—

        (a)     consult, in accordance with the risk assessment guidelines, with 1 or more independent advisors; and

        (b)     consider any relevant advice given.

    (3)     A regulation may prescribe information that a person or an employer must give the commissioner before the commissioner may give the person a role-based registration.

42C     Conditional registration—disqualifying offences

    (1)     This section applies if the commissioner decides to register a person who has—

        (a)     an outstanding charge for a disqualifying offence committed when the person was an adult; or

        (b)     an adult conviction or finding of guilt for a class B disqualifying offence.

    (2)     Unless the commissioner is satisfied there are exceptional circumstances, the person's registration is subject to the condition that the person must not engage in—

        (a)     a regulated activity involving children; or

        (b)     an NDIS activity.

Note 1     If the person is acquitted or the charges lapse or are withdrawn or discharged, the person may apply to the commissioner to have the condition removed (see  s 47).

Note 2     If the person has an adult conviction or finding of guilt for a class A disqualifying offence their registration is cancelled (see s 56A).