Australian Capital Territory Numbered Acts

WORKING WITH VULNERABLE PEOPLE (BACKGROUND CHECKING) ACT 2011 (NO. 44 OF 2011) - SECT 40

    (1)     The commissioner must refuse to register a person—

        (a)     if—

              (i)     the commissioner conducts a revised risk assessment for a person; and

              (ii)     the commissioner is satisfied that the person poses an unacceptable risk of harm to a vulnerable person; or

        (b)     if the commissioner gives the person a proposed negative notice and—

              (i)     the person does not tell the commissioner that the person intends to ask the commissioner to reconsider the decision under section 38 (1) (a); or

              (ii)     the person—

    (A)     tells the commissioner that the person intends to ask the commissioner to reconsider the decision under section 38 (1) (a); but

    (B)     does not ask the commissioner to reconsider the decision under section 38 (1) (b).

    (2)     If the commissioner refuses to register a person, the commissioner must—

        (a)     tell the person in writing (a  negative notice ) that the commissioner refuses to register the person and the reasons for the refusal; and

Note     The commissioner must also give the person a reviewable decision notice in relation to the decision (see s 62).

        (b)     tell the named employer (if any) in writing that a negative notice has been given to the person.

    (3)     For subsection (2) (b), the commissioner must not tell a named employer the reasons for giving the person the negative notice.

Note     If an unregistered person engaging in a regulated activity under s 15 is given a negative notice, the person commits an offence under s 13 if the person continues to engage in the activity.