Australian Capital Territory Numbered Acts

WORKING WITH VULNERABLE PEOPLE (BACKGROUND CHECKING) ACT 2011 (NO. 44 OF 2011)

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Commencement  
   3.      When does Act apply to a regulated activity?  
   4.      Dictionary  
   5.      Notes  
   6.      Offences against Act—application of Criminal Code etc  

   PART 2--IMPORTANT CONCEPTS

   7.      Who is a vulnerable person?  
   8.      What is a regulated activity?  
   9.      When is a person engaged in a regulated activity?  
   10.     What is contact with a vulnerable person?  
   11.     Who is an employer?  

   PART 3--REQUIREMENT FOR REGISTRATION

   12.     When is a person required to be registered?  
   13.     Offences—person engage in regulated activity for which person not  
   14.     Offences—employer engage person in regulated activity for which person not  
   15.     When unregistered person may be engaged in regulated activity—supervised  
   16.     When unregistered person may be engaged in regulated activity—kinship  

   PART 4--APPLYING FOR REGISTRATION

   17.     Application for registration  
   18.     Application for registration—contents  
   19.     Application for registration—additional information  
   20.     Application for registration—withdrawal  
   21.     Offences—applicant fail to disclose charge, conviction or finding of guilt for relevant  
   22.     Restriction on reapplying for registration  

   PART 5--RISK ASSESSMENTS

           Division 5.1--Important concepts

   23.     Meaning of risk assessment  
   24.     Meaning of criminal history  
   25.     Meaning of non-conviction information  
   26.     Meaning of relevant offence  

           Division 5.2--Risk assessment guidelines

   27.     Risk assessment guidelines  
   28.     Risk assessment guidelines—content  
   29.     Risk assessment guidelines—criminal history  
   30.     Risk assessment guidelines—non-conviction information  
   31.     Risk assessment guidelines—other information  

           Division 5.3--Conducting risk assessments

   32.     Risk assessments  
   33.     Commissioner may seek information from entities to conduct risk  
   34.     Independent advisors—appointment  
   35.     Independent advisors—advice  
   36.     Independent advisors—ending appointment  

           Division 5.4--Negative risk assessments

   37.     Proposed negative notices  
   38.     Reconsideration of negative risk assessments  
   39.     Extensions of period for reconsideration of negative risk assessment  
   40.     Negative notices  

   PART 6--REGISTRATION

           Division 6.1--Registration

   41.     Registration  
   42.     Conditional registration  
   43.     Proposed conditional registration  
   44.     Reconsideration of proposed conditional registration  
   45.     Extensions of period for reconsideration of proposed conditional  
   46.     Notice of conditional registration  
   47.     Conditional registration—amendment  
   48.     Offences—registered person contravene condition of registration  

           Division 6.2--Registration cards

   49.     Registration cards  
   50.     Offence—fail to produce registration card  
   51.     Lost, stolen or damaged registration cards  
   52.     Offence—fail to return registration card  

           Division 6.3--Monitoring registered people

   53.     Commissioner may seek information from entities about registered people  
   54.     Additional risk assessments  
   55.     Offences—registered person fail to disclose charge, conviction or finding of guilt for relevant  
   56.     Offence—fail to notify change of name or address  

           Division 6.4--Suspending or cancelling registration

   57.     Grounds for suspension or cancellation of registration  
   58.     Notice of proposed suspension or cancellation of registration  
   59.     Suspension or cancellation of registration  

           Division 6.5--Surrendering registration

   60.     Surrendering registration  

   PART 7--NOTIFICATION AND REVIEW OF DECISIONS

   61.     Meaning of reviewable decision—pt 7  
   62.     Reviewable decision notices  
   63.     Applications for review  

   PART 8--MISCELLANEOUS

   64.     Protection from liability  
   65.     Offences—use or divulge protected information  
   66.     Evidentiary certificates  
   67.     Disqualification orders  
   68.     Determination of fees  
   69.     Approved forms  
   70.     Review of Act  
   71.     Regulation-making power  
   72.     Fair Trading (Australian Consumer Law) Act 1992,  
           SCHEDULE 1
           SCHEDULE 2
           DICTIONARY
           ENDNOTES