AustLII Tasmanian Numbered Regulations

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REGISTRATION TO WORK WITH VULNERABLE PEOPLE (RISK ASSESSMENT FOR CHILD-RELATED ACTIVITIES) AMENDMENT ORDER 2016 (S.R. 2016, NO. 98) - REG 4

Clauses 4 , 5 , 6 and 7 substituted

Clauses 4 , 5 , 6 and 7 of the Principal Order are revoked and the following is substituted:

4.     Application of order

This order applies in respect of the conduct of –
(a) a risk assessment of an applicant; and
(b) an additional risk assessment of a registered person.

5.     Matters to be taken into account

(1)  In conducting a risk assessment of an applicant, the Registrar may take into account the following matters:
(a) whether the applicant has had multiple changes in his or her name;
(b) whether the applicant has used multiple aliases;
(c) whether the applicant has had multiple changes of address within a short period of time at any point in time before the application;
(d) whether the applicant has had multiple changes of employer within a short period of time at any point in time before the application;
(e) whether the applicant has had large periods of unemployment;
(f) whether the applicant has been the subject of an allegation or a finding by an entity that the applicant has engaged in –
(i) sexual misconduct against, with or in the presence of a child, including the grooming of a child for a sexual act; or
(ii) a serious physical assault of a child;
(g) whether the applicant has been convicted of, or charged with, an offence specified in Schedule 1 ;
(h) whether the applicant is, or has been, the subject of an order under the Children, Young Persons and Their Families Act 1997 , the Family Violence Act 2004 or the Justices Act 1959 and the applicant's conduct has been a factor in the making of the order;
(i) whether the applicant has been the subject of any disciplinary action for misconduct at his or her place of employment, or a place where he or she volunteers;
(j) whether the applicant has included information in the application that may be false or misleading;
(k) whether the applicant has failed to include any relevant information in the application;
(l) any other matter not referred to in paragraph (a) , (b) , (c) , (d) , (e) , (f) , (g) , (h) , (i) , (j) or (k) that the Registrar considers relevant in conducting the risk assessment of the applicant.
(2)  In conducting an additional risk assessment of a registered person, the Registrar may take into account the following matters:
(a) the matters specified in section 28(1A) of the Act;
(b) whether the registered person has had multiple changes in his or her name;
(c) whether the registered person has used multiple aliases;
(d) whether the registered person has had multiple changes of address within a short period of time at any point in time before the application;
(e) whether the registered person has had multiple changes of employer within a short period of time at any point in time before the application;
(f) whether the registered person has had large periods of unemployment;
(g) whether the registered person has been the subject of an application or a finding by an entity that the applicant has engaged in –
(i) sexual misconduct against, with or in the presence of a child, including the grooming of a child for a sexual act; or
(ii) a serious physical assault of a child;
(h) whether the registered person has been convicted of, or charged with, an offence specified in Schedule 1 ;
(i) whether the registered person is, or has been, the subject of an order under the Children, Young Persons and Their Families Act 1997 , the Family Violence Act 2004 or the Justices Act 1959 and the registered person's conduct has been a factor in the making of the order;
(j) whether the registered person has been the subject of any disciplinary action for misconduct at his or her place of employment, or a place where he or she volunteers;
(k) whether the registered person has provided any information that may be false or misleading;
(l) whether the registered person has failed to provide any relevant information;
(m) any other matter not referred to in paragraph (a) , (b) , (c) , (d) , (e) , (f) , (g) , (h) , (i) , (j) , (k) or (l) that the Registrar considers relevant in conducting the additional risk assessment of the registered person.
(3)  The matters referred to in subclauses (1) and (2) are to be taken into account in conducting a risk assessment, or an additional risk assessment, by determining the nature of the behaviour, or alleged behaviour, of the applicant, or registered person, that is relevant to the matters referred to in those subclauses.

6.     Conduct of risk assessments and additional risk assessments

(1)  In this clause –
matter , in relation to –
(a) a risk assessment, means a matter referred to in clause 5(1) taken into account by the Registrar in conducting the risk assessment; or
(b) an additional risk assessment, means a matter referred to in clause 5(2) taken into account by the Registrar in conducting the additional risk assessment.
(2)  If the Registrar considers it relevant to do so in relation to a matter he or she is taking into account in conducting a risk assessment, or an additional risk assessment, the Registrar may determine –
(a) the nature, gravity or seriousness of the matter; or
(b) the length of time that has passed since the matter occurred; or
(c) the age and vulnerability of the victim of the matter at the time the matter occurred; or
(d) the relationship between the applicant, or registered person, and the victim of the matter at the time the matter occurred; or
(e) the age difference between the applicant, or registered person, and the victim of the matter at the time the matter occurred; or
(f) the impact on the victim of the matter; or
(g) the applicant's, or registered person's, conduct since the matter occurred; or
(h) to the satisfaction of the Registrar, the likelihood that the applicant, or registered person, will repeat the matter; or
(i) whether there is a pattern of concerning conduct.



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