Australian Capital Territory Numbered Acts

WORKING WITH VULNERABLE PEOPLE (BACKGROUND CHECKING) AMENDMENT ACT 2020 (NO. 29 OF 2020) - SECT 7

in part 2, insert

11A     Meaning of relevant offence

In this Act:

"relevant offence "means any of the following offences (whether committed in the ACT or elsewhere):

        (a)     a sexual offence;

        (b)     an offence against the person;

        (c)     an offence involving violence;

        (d)     an offence involving dishonesty or fraud;

        (e)     an offence relating to property;

        (f)     an offence involving possession of, or trafficking in, a drug of dependence or controlled drug;

        (g)     an offence against an animal;

        (h)     a driving offence;

              (i)     a disqualifying offence.

Note     A reference to an offence includes a reference to a related ancillary offence, eg attempt (see Legislation Act

, s 189).

11B     Meaning of disqualifying offence etc

In this Act:

class A disqualifying offence means an offence against a provision of a law mentioned in schedule 3, part 3.2, column 2 if—

        (a)     any condition mentioned in column 4 for the offence is met; and

        (b)     the person who committed the offence is not engaged, or seeking registration to engage, only in a kinship care activity.

class B disqualifying offence —

        (a)     means an offence against a provision of a law mentioned in schedule 3, part 3.3, column 2, if any condition mentioned in column 4 for the offence is met; and

        (b)     for a person engaged, or seeking registration to engage, only in a kinship care activity—includes an offence mentioned in schedule 3, part 3.2, column 2, if any condition mentioned in column 4 for the offence is met.

"disqualifying offence" means a class A disqualifying offence or a class B disqualifying offence.