Australian Capital Territory Numbered Acts

WORKING WITH VULNERABLE PEOPLE (BACKGROUND CHECKING) ACT 2011 (NO. 44 OF 2011) - SECT 39

    (1)     On written application by a person, the commissioner may extend the period mentioned in section 38 (1) (a) or (b).

Note     The commissioner may extend the period even if it has ended (see Legislation Act, s 151C).

    (2)     The commissioner may extend the period only if the commissioner is satisfied on reasonable grounds that it is appropriate to extend the period given the person's circumstances.

Examples—when period may be extended

1     a person did not receive a proposed negative notice because the person was unexpectedly hospitalised

2     a person needs more than 20 working days to obtain relevant information because the information is from a foreign country

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     The commissioner must tell the person in writing of a decision under subsection (1) and—

        (a)     if the commissioner extends the period—state the extended period; or

        (b)     if the commissioner refuses to extend the period—the reasons for the decision.

Note     The commissioner must also give the person a reviewable decision notice in relation to a decision to—

        (a)     extend the period for a stated period; or

        (b)     refuse to extend the period (see s 62).