Australian Capital Territory Numbered Acts

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WORKING WITH VULNERABLE PEOPLE (BACKGROUND CHECKING) ACT 2011 (NO. 44 OF 2011) - SECT 34

Independent advisors—appointment

    (1)     The commissioner must appoint 7 or more people as independent advisors the commissioner may ask for advice about—

        (a)     whether to give a person a role-based registration; or

        (b)     any other aspect of a risk assessment for a person.

Note 1     Role-based registration —see s 42 (2).

Note 2     For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

    (2)     The people appointed—

        (a)     must include the following:

              (i)     at least 1 Aboriginal or Torres Strait Islander person;

              (ii)     at least 1 person with experience or expertise in relation to refugees and migrants;

              (iii)     at least 1 person who is a psychologist with experience or expertise in forensic or clinical psychology;

              (iv)     at least 1 person with experience or expertise in relation to children and young people;

              (v)     at least 1 person with experience or expertise in relation to people with a disability;

              (vi)     at least 1 person with experience or expertise in relation to people with mental illness;

              (vii)     at least 1 person with experience or expertise in relation to people with drug or alcohol dependency; and

        (b)     may include 1 or more people with experience or expertise in any other field the commissioner considers relevant to a matter mentioned in subsection (1) (a) or (b).

    (3)     An appointment as an independent advisor must be for not longer than 3 years.

    (4)     An appointment is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

    (5)     The conditions of an independent advisor's appointment are the conditions agreed between the commissioner and the person, subject to any determination under the Remuneration Tribunal Act 1995 .



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