Australian Capital Territory Numbered Acts

WORKING WITH VULNERABLE PEOPLE (BACKGROUND CHECKING) ACT 2011 (NO. 44 OF 2011) - SECT 38

    (1)     If the commissioner gives a person a proposed negative notice, the person may—

        (a)     within 10 working days after the commissioner gives the person the proposed negative notice, tell the commissioner in writing that the person intends to ask the commissioner to reconsider the decision; and

        (b)     within 20 working days after the commissioner gives the person the notice, ask the commissioner in writing to reconsider the decision.

Note     If a form is approved under s 69 for this provision, the form must be used.

    (2)     If the person asks the commissioner to reconsider the decision, the commissioner must, as soon as practicable, conduct a risk assessment (a revised risk assessment ) for the person.

Note     A revised risk assessment may result in registration (see s 41) , which may be conditional (see s 42), or a negative notice (see  s 40).

    (3)     The person may give the commissioner, and the commissioner must consider in conducting the revised risk assessment, any new or corrected information the person believes is relevant.