Working with Vulnerable People (Background Checking) Act 2011 (ACT)
Working with Vulnerable People (Background Checking) Act 2011
A2011-44
Republication No 24
Effective: 1 November 2025
Republication date: 1 November 2025
Last amendment made by A2025‑22
About this republication
The republished law
This is a republication of the Working with Vulnerable People (Background Checking) Act 2011 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Working with Vulnerable People (Background Checking) Act 2011
Contents
Page
Part 1 Preliminary
1 Name of Act 2
4 Dictionary 2
5 Notes 2
6Offences against Act—application of Criminal Code etc 3
6A Best interests of vulnerable people paramount consideration 3
Part 2 Important concepts
7 Who is a vulnerable person? 4
8 What is a regulated activity? 4
8A What is an NDIS activity? 5
9 When is a person engaged in a regulated activity? 5
10 What is contact with a vulnerable person? 6
11 Who is an employer? 7
11A Meaning of relevant offence 8
11B Meaning of disqualifying offence etc 9
11C Disqualifying offences—kinship care activities 10
Part 3 Requirement for registration
12 When is a person required to be registered? 11
13 Offences—person engage in regulated activity for which person not registered 15
14 Offences—employer engage person in regulated activity for which person not registered 17
15 When unregistered person may be engaged in regulated activity—supervised employment 18
15A Interim bar—supervised employment 20
16 When unregistered person may be engaged in regulated activity—kinship carer or foster carer 21
Part 4 Applying for registration
16A Meaning of application—pt 4 23
17 Application for registration 23
18 Application for registration—contents 24
18A Application for registration for NDIS activity—additional contents 26
19 Application for registration—additional information 28
20 Application for registration—withdrawal 29
21 Offences—applicant fail to disclose charge, conviction or finding of guilt for relevant offence 29
21A Offence—applicant fail to disclose change in relevant information 30
22 Restriction on reapplying for registration 31
Part 5 Risk assessments
Division 5.1 Important concepts
23 Meaning of risk assessment 33
24 Meaning of criminal history 33
25 Meaning of non-conviction information 33
Division 5.2 Risk assessment guidelines
27 Risk assessment guidelines 34
28 Risk assessment guidelines—content 35
29 Risk assessment guidelines—criminal history 36
30 Risk assessment guidelines—non-conviction information 37
31 Risk assessment guidelines—other information 39
Division 5.3 Conducting risk assessments
32 Risk assessments 39
33 Commissioner may request information from an entity to conduct risk assessments 40
34 Independent advisors—appointment 41
35 Independent advisors—advice 42
36 Independent advisors—ending appointment 42
Division 5.4 Negative risk assessments
37 Proposed negative notices 43
38 Reconsideration of negative risk assessments 44
39 Extensions of period for reconsideration of negative risk assessment 45
40 Negative notices 46
Part 6 Registration
Division 6.1 Registration
41 Registration 48
42 Conditional registration 49
42A Conditional registration—class A disqualifying offence 49
42B Conditional registration—role‑based registration 50
42C Conditional registration—disqualifying offences 50
43 Proposed conditional registration 51
44 Reconsideration of proposed conditional registration 52
45 Extensions of period for reconsideration of proposed conditional registration 52
46 Notice of conditional registration 53
47 Conditional registration—amendment 55
47A Restrictions on reapplying for amendment of conditional registration 56
48 Offences—registered person contravene condition of registration 56
Division 6.3 Monitoring registered people
53 Commissioner may request information from entities about registered people 57
54 Additional risk assessments 58
54A Interim conditional registration 60
54B Offence—registered person contravene interim condition of registration 62
55 Offences—registered person fail to disclose charge, conviction or finding of guilt for relevant offence 62
55A Offence—applicant fail to disclose change in relevant information 63
56 Offence—fail to notify change of name 63
Division 6.4 Suspending or cancelling registration
56A Automatic cancellation—class A disqualifying offence 64
57 Grounds for suspension or cancellation of registration 64
58 Notice of proposed suspension or cancellation of registration 65
59 Suspension or cancellation of registration 66
Division 6.5 Surrendering registration
60 Surrendering registration 68
Part 7 Notification and review of decisions
61 Meaning of reviewable decision—pt 7 69
62 Reviewable decision notices 69
63 Applications for review 69
Part 7A Information sharing
63A Commissioner may give information to particular entities 70
63B Particular entities may give information to commissioner 71
63C Commissioner may give information to employers 72
Part 8 Miscellaneous
64 Protection from liability 74
65 Offences—use or divulge protected information 74
66 Evidentiary certificates 77
67 Disqualification orders 77
68 Determination of fees 77
71 Regulation-making power 78
Part 9 Transitional—Working with Vulnerable People (Background Checking) Amendment Act 2020
72 Meaning of commencement day—pt 9 79
73 Foster carers 79
74 Expiry—pt 9 80
Schedule 1 Regulated activities 81
Part 1.1 Activities or services for children 81
1.1 Child protection services 81
1.2 Justice facilities for children 82
1.3 Education and care service or childcare service 83
1.4 Child education services 83
1.5 Child accommodation services 84
1.6 Counselling and support services for children 85
1.7 Commercial services for children 85
Part 1.2 Activities or services for vulnerable people 86
1.8 Mental health 86
1.9 Migrants, refugees and asylum seekers 86
1.10 Homeless people 87
1.11 Housing and accommodation 87
1.12 Justice facilities 88
1.13 Prevention of crime 88
1.14 Victims of crime 89
1.15 Services for addictions 89
1.16 Community services 90
1.17 Disability services 90
1.18 Respite care services 91
1.19 Emergency services personnel 91
Part 1.3 Other activities or services for vulnerable people 92
1.20 Transport 92
1.21 Coaching and tuition 93
1.22 Vocational and educational training 94
1.23 Religious organisations 94
1.24 Clubs, associations and movements 95
Schedule 2 Reviewable decisions 96
Schedule 3 Disqualifying offences 97
Part 3.1 Definitions 97
3.1 Definitions—sch 3 97
Part 3.2 Class A disqualifying offences 98
Part 3.3 Class B disqualifying offences 110
Dictionary124
Endnotes
1 About the endnotes 129
2 Abbreviation key 129
3 Legislation history 130
4 Amendment history 134
5 Earlier republications 142
Working with Vulnerable People (Background Checking) Act 2011
An Act to provide for background checking and registration of people who work with vulnerable people, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Working with Vulnerable People (Background Checking) Act 2011.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘spent, for a conviction—see the Spent Convictions Act 2000, section 7.’ means that the term ‘spent’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
6ABest interests of vulnerable people paramount consideration
(1)A person making a decision under this Act must regard the best interests of vulnerable people as the paramount consideration.
(2)In forming a view about the best interests of vulnerable people, a person making a decision under this Act must take into account the safety, welfare and protection of vulnerable people.
Part 2Important concepts
Who is a vulnerable person?
In this Act:
vulnerable person means—
(a)a child; or
(b)an adult who is—
(i)disadvantaged; and
(ii)accessing a regulated activity in relation to the disadvantage.
Examples—disadvantaged
1an adult with a physical or mental disability
2an adult who suffers social or financial hardship
3an adult who cannot communicate, or who has difficulty communicating, in English
What is a regulated activity?
(1)In this Act:
regulated activity—
(a)means an activity or service—
(i)mentioned in schedule 1; or
(ii)that is an NDIS activity; or
(iii)prescribed by regulation; but
(b)does not include an activity or service declared by the Minister under subsection (2).
(2)The Minister may declare that a stated activity or service is not a regulated activity.
(3)A declaration is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
8AWhat is an NDIS activity?
In this Act:
NDIS activity means a support or a service provided to people with a disability by a registered NDIS provider under the NDIS Act.
When is a person engaged in a regulated activity?
A person is engaged in a regulated activity if the person—
(a)has contact with a vulnerable person as part of engaging in the activity; and
NoteContact, between a person and a vulnerable person as part of engaging in a regulated activity—see s 10.
(b)is engaged in the activity in any capacity and whether—
(i)for reward or otherwise; or
(ii)under an arrangement with someone else or otherwise.
Examples—capacity in which engaged in activity
1employee
2contractor or subcontractor
3consultant
4self-employed person
5apprentice
6volunteer
7agent
8supervisor
9person on a work experience placement for an educational or vocational course
10person carrying out work for a sentence, including a community service order
11minister of religion for a religious organisation
What is contact with a vulnerable person?
In this Act:
contact, between a person and a vulnerable person as part of engaging in a regulated activity, means contact that—
(a)would reasonably be expected as a normal part of engaging in the activity; and
(b)is more than incidental to engaging in the activity; and
Example—incidental
a person works in the same building as a vulnerable person, but does not have any physical contact or face-to-face communication with the vulnerable person
(c)is 1 or more of the following:
(i)physical contact, including engaging in the activity at the same place as the vulnerable person;
(ii)oral communication, whether face-to-face or by telephone;
(iii)written communication, including—
(A)electronic communication; or
(B)dealing with a record relating to the vulnerable person;
(iv)making a decision that affects the vulnerable person; and
(d)for an NDIS activity—is more than incidental contact under the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018 (Cwlth), rule 6.
Examples—contact
1 A water main bursts at a school during school hours. A plumber is called to the school to fix the problem. Despite working near children, the plumber’s contact with the children is not contact for this Act for either of the following reasons:
(a)it would not reasonably be expected as a normal part of plumbing;
(b)it is incidental to the plumber’s activity.
2 A school janitor routinely carries out minor repairs at a school during school hours. The janitor’s contact with the children is contact for this Act as the contact—
(a)would reasonably be expected as a normal part of the janitor’s activities; and
(b)is not incidental to the janitor’s activities; and
(c)is physical contact, as the janitor is carrying out the activities in the same place as children.
Who is an employer?
In this Act:
employer, in relation to a regulated activity—
(a)means an entity for whom a person engages in the activity; and
(b)includes an entity who—
(i)in the course of business, arranges for the placement of a person in employment with others; and
(ii)engages a person under a contract to perform work; and
(iii)engages a worker to perform work as a volunteer for the person under an agreement (whether written or unwritten).
Examples—employer
1 principal contractor is an employer of a subcontractor
2 charitable organisation is an employer of a volunteer
3 religious organisation is an employer of a minister of religion
4 a registered NDIS provider is an employer of a person engaged in an NDIS activity
NoteEntity includes an unincorporated body and a person (including a person occupying a position) (see Legislation Act, dict, pt 1).
11AMeaning of relevant offence
In this Act:
relevant offence means any of the following offences (whether committed in the ACT or elsewhere):
(a)a sexual offence;
(b)an offence against the person;
(c)an offence involving violence;
(d)an offence involving dishonesty or fraud;
(e)an offence relating to property;
(f)an offence involving possession of, or trafficking in, a drug of dependence or controlled drug;
(g)an offence against an animal;
(h)a driving offence;
(i)a disqualifying offence.
NoteA reference to an offence includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).
11BMeaning of disqualifying offence etc
(1)In this Act:
class A disqualifying offence means an offence against—
(a)a provision of a law mentioned in schedule 3, part 3.2, column 2, if any condition mentioned in column 4 for the offence is met; or
(b)a provision of a law declared to be a class A disqualifying offence, if any condition declared for the offence is met.
class B disqualifying offence means an offence against—
(a)a provision of a law mentioned in schedule 3, part 3.3, column 2, if any condition mentioned in column 4 for the offence is met; or
(b)a provision of a law declared to be a class B disqualifying offence, if any condition declared for the offence is met.
disqualifying offence means a class A disqualifying offence or a class B disqualifying offence.
(2)The Minister may declare—
(a)either of the following to be a class A disqualifying offence or a class B disqualifying offence:
(i)a provision of a law of the Commonwealth, another State or a foreign country that corresponds, or substantially corresponds, to a provision of a law mentioned in—
(A)for a class A disqualifying offence—schedule 3, part 3.2, column 2; and
(B)for a class B disqualifying offence—schedule 3, part 3.3, column 2;
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).
(ii)a provision of a law that has been omitted, or omitted and remade with changes; and
NoteA conviction against an offence under a provision of a law that has been omitted or remade does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).
(b)any condition that must be met for an offence declared under paragraph (a) to be a disqualifying offence.
(3)A declaration is a disallowable instrument.
11CDisqualifying offences—kinship care activities
(1)This section applies if a person—
(a)applies for registration under section 17; and
(b)is engaged, or seeking registration to engage, only in a kinship care activity; and
(c)has an adult conviction or finding of guilt for a class A disqualifying offence.
(2)The person’s class A disqualifying offence is taken to be a class B disqualifying offence in relation to the application for registration.
(3)In this section:
kinship care activity means an activity conducted as a kinship carer under the Children and Young People Act 2008, part 15.4 (Out‑of‑home carers).
NoteAn activity conducted, or a service provided, by a kinship carer under the Children and Young People Act 2008 is a regulated activity (see sch 1, s 1.1 (2)).
Part 3Requirement for registration
When is a person required to be registered?
(1)A person is required to be registered—
(a)to engage in a regulated activity; or
(b)if the person is one of the key personnel of a registered NDIS provider that is providing an NDIS activity.
(2)However, a person is not required to be registered to engage in a regulated activity if the person is—
(a)under 16 years old; or
(b)engaged in the activity for not more than—
(i)3 days in any 4-week period; and
(ii)7 days in any 12-month period; or
(c)registered under a corresponding law and—
(i)the activity is substantially similar to a regulated activity the person is allowed to engage in under the corresponding law; and
(ii)the person is engaged in the activity for not more than 28 days in any 12-month period; or
NoteCorresponding law—see the dictionary.
(d)a close relative of each vulnerable person taking part in the activity with whom the person has contact; or
(e)engaged in the activity as a volunteer and—
(i)is a close relative of a vulnerable person taking part, or who normally takes part, in the activity; and
(ii)a close relative of each vulnerable person taking part in the activity is engaged, or expected to be engaged, in the activity; or
Examples
1playgroup
2a club sporting event for children at which a parent of each child is expected to be present
3a pottery class for children in which a parent of each child also takes part
(f)engaged in the activity in the same capacity as a vulnerable person; or
Examples
1players in a sporting team
2work colleagues
(g)engaged in the activity as a school student on a work experience placement or doing practical training; or
(h)an employer or supervisor of a vulnerable person, unless the vulnerable person is engaged in a regulated activity; or
Examples
1A person supervising a school student on a work experience placement at a childcare centre is required to be registered.
2A person supervising a school student on a work experience placement at an accounting firm is not required to be registered.
(i)engaged in the activity as—
(i)a police officer, including a police officer (however described) of another jurisdiction; or
(ii)an AFP appointee within the meaning of the Australian Federal Police Act 1979 (Cwlth); or
(iii)a health practitioner; or
(iv)a lawyer; or
(v)a staff member of, or volunteer for, a registered provider under the Aged Care Act 2024 (Cwlth); or
(vi)a financial services licensee under the Corporations Act; or
(j)engaged in the activity for a court or tribunal as an interpreter for a vulnerable person who cannot communicate, or who has difficulty communicating, in English; or
(k)engaged in the activity for a Commonwealth or Territory government agency and the only contact the person has with a vulnerable person is providing a service to the vulnerable person at a public counter or shopfront, or by telephone; or
Example
an administrative worker employed by Centrelink or Medicare
(l)engaged in the activity and the only contact the person has with a vulnerable person is providing information to, or receiving information from, the vulnerable person by telephone; or
Example
an employee or volunteer working on a helpline or at a call centre
(m)engaged in the activity and the only contact the person has with a vulnerable person is working with a record of the vulnerable person; or
(n)engaged in the activity for a declared state of emergency; or
NoteA state of emergency may be declared under the Emergencies Act 2004, s 156.
(o)engaged in the activity for a Territory or national event and the commissioner declares that the person is not required to be registered for the activity; or
Examples—Territory or national event
1Paralympics
2World Youth Day
NoteCommissioner means the commissioner for fair trading (see the dictionary).
(p)not required to be registered under section 16 (3); or
(q)a person prescribed by regulation.
(3)Subsection (2) (b) does not apply to a person if the activity engaged in is—
(a)an overnight camp for children; or
(b)an NDIS activity that involves contact with a vulnerable person.
(4)A declaration is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(5)In this section:
close relative, of a vulnerable person, means the vulnerable person’s—
(a)domestic partner; or
NoteDomestic partner—see the Legislation Act, s 169.
(b)father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or
(c)son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or
(d)brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or
(e)uncle, aunt, uncle-in-law or aunt-in-law; or
(f)nephew, niece or cousin.
day includes part of a day.
key personnel, of a registered NDIS provider—see the NDIS Act, section 11A.
school means a high school or secondary college.
Offences—person engage in regulated activity for which person not registered
(1)A person commits an offence if the person—
(a)engages in a regulated activity; and
(b)is required to be registered to engage in the activity; and
(c)does not have a registration allowing the person to engage in the activity.
Maximum penalty: 50 penalty units.
Note 1A person with conditional registration might not be allowed to engage in all regulated activities (see s 42 and s 54A).
Note 2A person whose registration is suspended does not have a registration allowing the person to engage in a regulated activity (see s 59 (5)).
Note 3The employer for the regulated activity also commits an offence (see s 14).
(2)An offence against subsection (1) is a strict liability offence.
(3)A person commits an offence if the person—
(a)engages in a regulated activity; and
(b)is required to be registered to engage in the activity; and
(c)does not have a registration allowing the person to engage in the activity; and
(d)knows, or is reckless about whether, the person—
(i)is engaging in a regulated activity; and
(ii)is required to be registered to engage in the activity.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(4)Strict liability applies to subsection (3) (c).
(5)This section does not apply to a person if—
(a)the person is not registered; but
(b)the person engages in a regulated activity under section 15 or section 16.
Note 1An unregistered person who has applied for registration may engage in a regulated activity for which the person is required to be registered in certain circumstances (see s 15 and s 16).
Note 2The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).
Offences—employer engage person in regulated activity for which person not registered
(1)An employer commits an offence if—
(a)the employer engages a person in a regulated activity; and
(b)the person is required to be registered to engage in the activity; and
(c)the person does not have a registration allowing the person to engage in the activity.
Maximum penalty: 50 penalty units.
Note 1A person with conditional registration might not be allowed to engage in all regulated activities (see s 42 and s 54A).
Note 2A person whose registration is suspended does not have a registration allowing the person to engage in a regulated activity (see s 59 (5)).
(2)An offence against subsection (1) is a strict liability offence.
(3)An employer commits an offence if—
(a)the employer engages a person in a regulated activity; and
(b)the person is required to be registered to engage in the activity; and
(c)the person does not have a registration allowing the person to engage in the activity; and
(d)the employer knows, or is reckless about whether—
(i)the employer is engaging the person in a regulated activity; and
(ii)the person is required to be registered to engage in the activity.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(4)Strict liability applies to subsection (3) (c).
(5)This section does not apply to an employer if an unregistered person engages in a regulated activity for the employer under section 15 or section 16.
Note 1An unregistered person who has applied for registration may engage in a regulated activity for which the person is required to be registered in certain circumstances (see s 15 and s 16).
Note 2The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).
When unregistered person may be engaged in regulated activity—supervised employment
(1)This section applies to an unregistered person if—
(a)the person has applied for registration under section 17; and
(b)the commissioner has not—
(i)imposed an interim bar on the person under section 15A; or
(ii)registered the person under section 41; or
(iii)given the person a negative notice under section 40; and
(c)the person has not withdrawn the application.
(2)The person may engage in a regulated activity for which the person is required to be registered if—
(a)the person is eligible; and
(b)the person included a named employer for the activity on the person’s application for registration; and
NoteNamed employer—see s 18 (1) (d) (i).
(c)the named employer has agreed to engage the person in the activity; and
(d)a registered person is present at all times while the unregistered person is engaged in the activity; and
(e)for an NDIS activity—
(i)the person is registered under a corresponding law; or
(ii)if the person is not registered under a corresponding law—
(A)the employer has put in place strategies to manage any potential risk of harm to a vulnerable person; and
(B)the registered person mentioned in paragraph (d) is registered to engage in an NDIS activity.
NoteAn unregistered person who is engaging in a regulated activity under this section commits an offence under s 13 if the person continues to engage in the activity after—
(a)the person’s application for registration is withdrawn (see s 20); or
(b)the person is given a negative notice (see s 40).
(3)To remove any doubt, nothing in this section prevents an employer refusing to engage an unregistered person in a regulated activity.
(4)In this section:
eligible—a person is eligible if—
(a)the person has not previously been given a negative notice under this Act or a corresponding law; and
(b)the person has not had a previous registration suspended or cancelled; and
(c)the person’s most recent registration (if any) was not conditional.
15AInterim bar—supervised employment
(1)Despite section 15, the commissioner may impose an interim bar on an unregistered person, stopping the person from engaging in either of the following activities, if the commissioner reasonably believes that the person poses an unacceptable risk of harm to a vulnerable person:
(a)a regulated activity involving children;
(b)an NDIS activity.
NoteA decision under s (1) is a reviewable decision (see s 61).
(2)The commissioner must tell the person, in writing, about the person’s interim bar.
(3)The interim bar takes effect on the day after the day the commissioner tells the person, in writing, about the interim bar, and continues until the earlier of—
(a)the day the commissioner notifies the person, in writing, that the bar is removed; or
(b)the day the person’s application for registration is decided.
(4)A person may apply to the commissioner to remove an interim bar that has been in effect for at least 6 months.
(5)The commissioner must, on application—
(a)remove the person’s interim bar; or
(b)refuse to remove the person’s interim bar.
NoteA decision under s (5) (b) is a reviewable decision (see s 61).
(6)The commissioner must not refuse to remove a person’s interim bar unless the commissioner reasonably believes the person poses an unacceptable risk of harm to a vulnerable person.
When unregistered person may be engaged in regulated activity—kinship carer or foster carer
(1)This section applies to an unregistered person if the person is engaged in a regulated activity mentioned in schedule 1, section 1.1 (Child protection services) as—
(a)a kinship carer; or
(b)a foster carer.
(2)The person may engage in the regulated activity if—
(a)the person has applied for registration under section 17; and
(b)the commissioner has not given the person a negative notice under section 40; and
(c)the person has not withdrawn the application; and
(d)the person is eligible.
(3)The person is not required to be registered to engage in the activity if the person is an approved carer under the Children and Young People Act 2008, section 514B (3) (c).
NoteUnder the Children and Young People Act 2008, section 514B (3) (c), the director-general may approve an unregistered person as an approved carer for a child or young person if—
(a)the person is to be authorised to be a kinship carer or foster carer; and
(b)the director-general is satisfied that the person is a significant person for the child or young person, has a familiar relationship with the child or young person and does not pose an unacceptable risk to the child or young person, and that the approval is in the best interests of the child or young person.
(4)In this section:
eligible—see section 15 (4).
foster carer—see the Children and Young People Act 2008, section 518.
Part 4Applying for registration
16AMeaning of application—pt 4
In this part:
application, for registration, includes an application for renewal of registration.
Application for registration
(1)A person may apply to the commissioner for registration under this Act, other than registration to engage in a regulated activity for which the person is not eligible to be registered.
NoteA fee may be determined under s 68 for this provision.
(2)A person who has an adult conviction or finding of guilt for a class A disqualifying offence is not eligible to be registered to engage in—
(a)a regulated activity involving children; or
(b)an NDIS activity.
NoteIf the person is registered to engage in another regulated activity, the registration is subject to the condition that the person not engage in a regulated activity involving children or an NDIS activity (see s 42A).
(3)A registered person may apply to the commissioner, not later than the day the person’s registration expires, to renew the person’s registration.
(4)If a person applies to renew their registration, the person’s registration remains in force until the application is decided.
(5)This section is subject to section 22.
Application for registration—contents
(1)An application for registration must include—
(a)the applicant’s name and any previous name; and
(b)the applicant’s current home address, and any previous home address in the 5 years before applying; and
(c)evidence of the applicant’s identity; and
Example
100 points of identification
(d)if the applicant engages, or intends to engage, in a regulated activity for a particular employer, or in an NDIS activity—
(i)the employer (the named employer) for the activity; and
(ii)the named employer’s address and contact details; and
(iii)the capacity in which the applicant engages, or intends to engage, in the activity for the named employer; and
(iv)if the named employer is a registered NDIS provider—the provider’s registration number; and
(e)anything else prescribed by regulation.
(2)The application must be accompanied by—
(a)a consent by the applicant for the commissioner to—
(i)check the applicant’s criminal history, non-conviction information and any other information about the applicant that may be relevant in deciding the application; and
Note 1Criminal history, about a person—see s 24.
Note 2Non-conviction information, about a person—see s 25.
(ii)seek information or advice from any entity in relation to the applicant’s—
(A)application under section 33; or
(B)registration under section 53; and
(iii)contact the named employer (if any) in relation to the status of the applicant’s application or registration; and
NoteFor example, the commissioner must tell a person’s employer if the commissioner refuses to consider the person’s application further (see s 19 (3)), if the person withdraws an application (see s 20 (3) (a)), if the commissioner refuses to register the person (see s 40 (2) (b)), if there is a change in an applicant’s registration status as a result of an additional risk assessment (see s 54), or if a person’s registration is suspended or cancelled (see s 59 (2) (b)) or surrendered (see s 60 (3)).
(b)a written statement by the applicant stating—
(i)whether the applicant has been convicted or found guilty of a relevant offence outside Australia; and
(ii)if the applicant has been convicted or found guilty of a relevant offence outside Australia—details of the offence; and
(c)a written statement by the applicant about whether an allegation has been made, or an investigation has commenced, in relation to a regulated activity engaged in by the applicant, and if so, the details of the allegation or investigation; and
Examples—allegation or investigation
1a complaint or investigation about noncompliance of an approved care and protection organisation under the Children and Young People Act 2008, div 10.4.3 involving conduct by the applicant
2an allegation or investigation of misconduct within a regulated activity
(d)anything else prescribed by regulation.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(3)The commissioner must tell the applicant in writing about the following:
(a)the rights and obligations of the applicant under this Act;
(b)information the applicant may supply to support the application;
(c)the risk assessment guidelines mentioned in division 5.2 and where to find a copy.
NoteThe commissioner may tell the applicant about the matters in s (3) in any way the commissioner considers appropriate, including on a form or in guidelines made for this Act.
18AApplication for registration for NDIS activity—additional contents
(1)An application for registration to engage in an NDIS activity must also be accompanied by—
(a)consent by the applicant for the commissioner to—
(i)give information about the status of the applicant’s application to the NDIS quality and safeguards commission, a registered NDIS provider or an entity administering a corresponding law; and
(ii)give information about the applicant to the NDIS quality and safeguards commission or a law enforcement agency, if the commissioner is satisfied on reasonable grounds that the information is relevant to preventing harm or a risk of harm to a vulnerable person; and
(iii)if the commissioner decides to register the applicant—request information or advice from any entity the commissioner considers may be able to give information or advice that is relevant to whether a registered person continues to pose no risk or an acceptable risk of harm to a vulnerable person; and
(b)a written statement by the applicant about whether the applicant—
(i)has previously been given a negative notice (however described) under this Act or a corresponding law; and
(ii)has had a relevant civil penalty imposed upon them; and
(iii)has either of the following made against them:
(A)a family violence order under the Family Violence Act 2016 or a law of another jurisdiction that substantially corresponds to that Act;
(B)a protection order under the Personal Violence Act 2016 or a law of another jurisdiction that substantially corresponds to that Act; and
(iv)has parental responsibility for a child or young person for whom any care and protection order under the Children and Young People Act 2008, or a law of another jurisdiction that substantially corresponds to that Act, is or has been in place; and
(c)anything else prescribed by regulation.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(2)In this section:
law enforcement agency means each of the following:
(a)the Australian Federal Police;
(b)the police service or force of a State, another territory or a foreign country;
(c)the Australian Criminal Intelligence Commission;
(d)an entity prescribed by regulation.
relevant civil penalty means a civil penalty prescribed by regulation.
Application for registration—additional information
(1)The commissioner may, in writing, require an applicant to give the commissioner additional information in writing or documents that the commissioner reasonably needs to decide the application.
(2)If the applicant does not comply with a requirement under subsection (1), the commissioner may refuse to consider the application further.
(3)If the commissioner refuses to consider the application further, the commissioner must tell the following of the refusal:
(a)the applicant;
(b)the named employer (if any).
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
Application for registration—withdrawal
(1)An applicant may withdraw an application at any time by written notice to the commissioner.
(2)However, an applicant must not withdraw an application if the commissioner has imposed an interim bar on the person under section 15A.
(3)If an application is withdrawn the commissioner—
(a)must tell the named employer (if any) that the application has been withdrawn; and
(b)need take no further action on the application.
NoteIf an unregistered person engaging in a regulated activity under s 15 withdraws the person’s application for registration, the person commits an offence under s 13 if the person continues to engage in the activity.
Offences—applicant fail to disclose charge, conviction or finding of guilt for relevant offence
(1)A person commits an offence if—
(a)the person has applied for registration; and
(b)the commissioner has not—
(i)told the person that the person has been registered; or
(ii)given the person a negative notice; and
(c)the person is charged with a relevant offence; and
(d)the person does not tell the commissioner about the charge in writing within 10 working days after the day the person is charged.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if—
(a)the person has applied for registration; and
(b)the commissioner has not—
(i)told the person that the person has been registered; or
(ii)given the person a negative notice; and
(c)the person is convicted or found guilty of a relevant offence; and
(d)the person does not tell the commissioner about the conviction or finding of guilt in writing within 10 working days after the day the person is convicted or found guilty.
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
21AOffence—applicant fail to disclose change in relevant information
(1)A person commits an offence if—
(a)the person has applied for registration; and
(b)the commissioner has not—
(i)told the person that the person has been registered; or
(ii)given the person a negative notice; and
(c)there has been a change in relevant information about the person since the person applied for registration; and
(d)the person does not tell the commissioner about the change in relevant information, in writing, within 10 working days after the day the information changes.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)In this section:
relevant information, about a person, means information about—
(a)an allegation or investigation mentioned in section 18 (2) (c); or
(b)for a person who has applied for registration to engage in an NDIS activity—a matter mentioned in section 18A (1) (b).
Restriction on reapplying for registration
(1)This section applies to a person if—
(a)the person is given a negative notice; or
NoteNegative notice—see s 40 (2).
(b)the person’s registration is cancelled.
(2)The person may apply for registration under section 17 only if—
(a)it is at least 5 years after the day—
(i)the person was given the negative notice; or
(ii)the cancellation took effect; or
NoteFor when a cancellation takes effect, see s 59 (4).
(b)there has been a change in relevant information about the person since—
(i)the person was given the negative notice; or
(ii)the cancellation took effect
Examples—change in relevant information
1a person has been acquitted of a previously pending charge for a relevant offence
2a person’s conviction for a relevant offence has been quashed
(3)However, subsection (2) (a) does not apply to a person if—
(a)the negative notice was given or registration cancelled because the person was not eligible, or stopped being eligible, to be registered under section 17 (2); and
(b)the person is applying for registration to engage in a regulated activity involving children or an NDIS activity.
Examples—change in relevant information
1 the person’s conviction for the class A disqualifying offence is quashed
2 the person becomes a kinship carer for a child
NoteA negative notice must be given under s 40 (1) (a) if the person is not eligible to be registered. Registration is automatically cancelled under s 56A if the person is not eligible to be registered.
(4)The risk assessment guidelines may provide for what constitutes a change in relevant information about the person.
Part 5Risk assessments
Division 5.1 Important concepts
Meaning of risk assessment
(1)In this Act:
risk assessment, for a person, means an assessment by the commissioner of whether the person poses an unacceptable risk of harm to a vulnerable person.
Examples—harm
1 sexual
2 physical
3 emotional
4 financial
(2)It does not matter whether the risk of harm arises from neglect, abuse or other conduct by the person.
Meaning of criminal history
In this Act:
criminal history, about a person, means any conviction of, or finding of guilt against, the person for a relevant offence.
NoteA conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).
Meaning of non-conviction information
In this Act:
non-conviction information, about a person, means any of the following information:
(a)the person has an outstanding charge for a relevant offence;
(b)the person has been charged with a relevant offence but the charge has lapsed, been withdrawn or discharged, or struck out;
(c)the person has been acquitted of an alleged relevant offence;
(d)the person has had a conviction for an alleged relevant offence quashed or set aside;
(e)the person has been served with an infringement notice for an alleged relevant offence;
(f)the person has a spent conviction for a relevant offence.
NoteThe Spent Convictions Act 2000 sets out which convictions can be spent (see that Act, s 11) and when a conviction is spent (see that Act, s 12).
Division 5.2 Risk assessment guidelines
Risk assessment guidelines
(1)The commissioner must make guidelines (risk assessment guidelines) about how risk assessments are to be conducted under this Act.
(2)A guideline may apply, adopt or incorporate an instrument, as in force from time to time.
Note 1The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).
(3)A risk assessment guideline is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Risk assessment guidelines—content
(1)The risk assessment guidelines must provide for—
(a)matters the commissioner must or may take into account in conducting a risk assessment; and
(b)how those matters must or may be taken into account.
(2)The risk assessment guidelines must provide for the following to be taken into account in conducting a risk assessment for a person in relation to a regulated activity:
(a)the person’s criminal history;
NoteThe risk assessment guidelines must provide for certain matters in relation to relevant offences in the person’s criminal history (see s 29).
(b)non-conviction information about the person;
NoteThe risk assessment guidelines must provide for certain matters in relation to relevant offences, and alleged relevant offences, in the person’s non-conviction information (see s 30).
(c)whether the person was previously given a negative notice under this Act or a corresponding law;
(d)whether the person was previously registered under this Act or a corresponding law (including whether the registration was suspended or cancelled);
(e)any other information the commissioner believes on reasonable grounds is or may be relevant in deciding whether, in engaging in the activity, the applicant poses a risk of harm to a vulnerable person.
Examples—par (e)
1an order made against the person made under the Family Violence Act 2016 or Personal Violence Act 2016
2a care and protection order under the Children and Young People Act 2008 for a child for whom the person has or had parental responsibility under that Act
3a professional disciplinary proceeding against the person
NoteThe risk assessment guidelines must provide for certain matters to be taken into account in relation to other information—see s 31.
(3)The risk assessment guidelines must provide that—
(a)the applicant may make submissions to the commissioner in relation to any matter the commissioner must or may take into account in conducting a risk assessment; and
(b)the commissioner must not take into account any information about an applicant unless satisfied on reasonable grounds that the information is accurate.
Risk assessment guidelines—criminal history
(1)The risk assessment guidelines must provide for the following to be taken into account in relation to any relevant offence included in a person’s criminal history:
(a)the nature, gravity and circumstances of the offence;
(b)the relevance of the offence;
(c)how long ago the offence was committed;
(d)the age of the person and the victim at the time of the offence;
(e)whether the person’s circumstances have changed since the offence was committed;
(f)the person’s attitude to the offence;
(g)if the person has undergone a program of treatment or intervention for the offence—any assessment of the person following the program;
(h)if the offence was committed outside Australia—whether the offence is an offence in Australia;
(i)whether the person has committed any other relevant offence;
(j)any submission made by the person to the commissioner in relation to the matters mentioned in paragraphs (a) to (i).
(2)In addition, the risk assessment guidelines must provide for whether the person has exceptional circumstances that justify the person being registered if—
(a)the person’s criminal history includes an adult conviction or finding of guilt for a class B disqualifying offence; and
(b)the person applies for registration to engage in—
(i)a regulated activity involving children; or
(ii)an NDIS activity.
NoteA person with an adult conviction or finding of guilt for a class A disqualifying offence is not eligible to be registered to engage in a regulated activity involving children or an NDIS activity (see s 17 (2)).
Risk assessment guidelines—non-conviction information
(1)The risk assessment guidelines must provide for the following to be taken into account in relation to any relevant offence, or any alleged relevant offence, included in a person’s non-conviction information:
(a)the nature, gravity and circumstances of the offence or alleged offence;
(b)the relevance of the offence or alleged offence;
(c)how long ago the offence or alleged offence was committed;
(d)the age of the person and the victim at the time of the offence or alleged offence;
(e)the truthfulness, completeness and reliability of any information or evidence provided by the person who made the allegation or provided the initial information;
(f)the nature, extent and outcome of any investigation into the offence or alleged offence;
(g)any formal statement made by the person to a police officer, including any answer given in a recorded interview, in relation to the offence or alleged offence;
(h)any evidence given by the person in a court proceeding for the offence or alleged offence;
(i)whether this was the person’s first offence or alleged offence;
(j)any submission made by the person to the commissioner in relation to the matters mentioned in paragraphs (a) to (i).
(2)In addition, the risk assessment guidelines must provide for whether the person has exceptional circumstances that justify the person being registered if—
(a)the person’s non-conviction information includes an outstanding charge for a disqualifying offence committed when the person was an adult; and
(b)the person applies for registration to engage in—
(i)a regulated activity involving children; or
(ii)an NDIS activity.
Risk assessment guidelines—other information
The risk assessment guidelines must provide for the following to be taken into account in relation to any other information the commissioner believes on reasonable grounds is or may be relevant in deciding whether, in engaging in a regulated activity, the applicant poses a risk of harm to a vulnerable person:
(a)how the information was obtained;
Examples
1tip off from a member of the public
2a media report
(b)the relevance of the information;
(c)the truthfulness, completeness and reliability of the information;
(d)any submission made by the person to the commissioner in relation to the matters mentioned in paragraphs (a) to (c).
Division 5.3 Conducting risk assessments
Risk assessments
(1)On application by a person for registration, the commissioner must conduct a risk assessment for the person.
NoteThe commissioner need not conduct a risk assessment if the application has been withdrawn (see s 20 (3) (b)).
(2)The risk assessment must be conducted in accordance with the risk assessment guidelines.
(3)However, the commissioner need not take any further action on the risk assessment if the person—
(a)applies for registration to engage in—
(i)a regulated activity involving children; or
(ii)an NDIS activity; and
(b)the commissioner becomes aware the person is not eligible, or stops being eligible, under section 17 (2) to be registered to engage in the activity.
NoteUnder s 17 (2), a person is not eligible to be registered to engage in a regulated activity involving children or an NDIS activity if the person has an adult conviction or finding of guilt for a class A disqualifying offence.
Commissioner may request information from an entity to conduct risk assessments
(1)The commissioner may, in writing, request information or advice from any entity the commissioner considers may be able to give information or advice that will assist the commissioner in conducting a risk assessment for a person.
Examples—entity
1 the chief police officer
2 an administrative unit
3 an employer for a regulated activity
(2)An entity that receives a request from the commissioner must, as far as practicable, comply with the request.
(3)An entity that gives the commissioner information or advice in response to a request under this section does not contravene any duty of confidentiality the entity has under a territory law or agreement, despite anything to the contrary in the law or agreement.
(4)An entity commits an offence if—
(a)the commissioner makes a request under subsection (1); and
(b)the entity fails to comply with the request.
Maximum penalty: 50 penalty units.
(5)Subsection (4) does not apply if the entity has a reasonable excuse for failing to comply with the request.
(6)An offence against this section is a strict liability offence.
(7)In this section:
information does not include information that, under the Children and Young People Act 2008, section 857, must not be given to a person.
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 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(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 5 years.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 (1) (c)).
(4)An appointment is a notifiable instrument.
NoteA 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.
Independent advisors—advice
(1)This section applies if the commissioner wishes to ask an independent advisor for advice about a matter mentioned in section 34 (1) (a) or (b).
(2)The commissioner may ask 1 or more independent advisors for the advice.
(3)The request for advice must be made, and the advice must be given, in accordance with the risk assessment guidelines.
Independent advisors—ending appointment
The commissioner may end a person’s appointment as an independent advisor—
(a)if the person does not provide advice within a reasonable time when asked by the commissioner; or
(b)for misbehaviour; or
(c)for physical and mental incapacity, if the incapacity substantially affects the exercise of the person’s ability to give advice to the commissioner; or
(d)if the commissioner becomes aware that the person has at any time been convicted in Australia of an offence punishable by imprisonment for 1 year or longer; or
(e)if the commissioner becomes aware that the person has at any time been convicted outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for 1 year or longer.
NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).
Division 5.4 Negative risk assessments
Proposed negative notices
(1)This section applies if—
(a)the commissioner conducts a risk assessment for a person; and
(b)the commissioner is satisfied that the person poses an unacceptable risk of harm to a vulnerable person (a negative risk assessment).
(2)The commissioner must tell the person in writing (a proposed negative notice) that the commissioner intends to refuse to register the person.
(3)A proposed negative notice must state—
(a)the reasons for the negative risk assessment; and
(b)that, if the person would like the commissioner to reconsider the decision, the person may take the steps mentioned in section 38 (1); and
(c)that, if the person does not take the steps mentioned in section 38 (1), the commissioner must give the person a negative notice.
(4)Despite subsection (3) (a), the commissioner must not tell the person the reasons for the negative risk assessment if the information must not be given to the person under this Act or any other law in force in the ACT.
(5)The commissioner must not, without the person’s consent, tell a named employer—
(a)that a proposed negative notice has been given to a person; or
(b)the reasons for giving the person the notice.
Reconsideration of negative risk assessments
(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.
(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.
NoteA 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.
Extensions of period for reconsideration of negative risk assessment
(1)On written application by a person, the commissioner may extend the period mentioned in section 38 (1) (a) or (b).
NoteThe 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
(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.
NoteThe 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).
Negative notices
(1)The commissioner must refuse to register a person—
(a)for an application for registration to engage in a regulated activity involving children or an NDIS activity—if the commissioner becomes aware the person is not eligible, or stops being eligible, under section 17 (2) to be registered to engage in the activity; or
NoteUnder s 17 (2), a person is not eligible to be registered to engage in a regulated activity involving children or an NDIS activity if the person has an adult conviction or finding of guilt for a class A disqualifying offence.
(b)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
(c)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
(b)tell the named employer (if any) in writing that a negative notice has been given to the person.
(3)If an unregistered person is engaging in an NDIS activity under section 15 and the person receives a negative notice, the person must tell the following about the negative notice:
(a)the person’s named employer (if any);
(b)each vulnerable person with whom the person has contact as part of engaging in the activity.
NoteIf 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.
(4)For subsection (2) (b) and subsection (3), the commissioner must not, without the person’s consent, tell a named employer or vulnerable person the reasons for giving the person the negative notice.
Part 6Registration
Division 6.1 Registration
Registration
(1)This section applies if the commissioner—
(a)conducts a risk assessment or a revised risk assessment for a person; and
(b)is satisfied that the person poses no risk or an acceptable risk of harm to a vulnerable person (a positive risk assessment).
(2)The commissioner must—
(a)register the person; and
(b)tell the person, in writing—
(i)of the positive risk assessment; and
(ii)that the person is registered; and
(iii)the person’s unique identifying number; and
(iv)if the registration is conditional under section 42A (Conditional registration—class A disqualifying offence)—
(A)what the condition is; and
(B)the reasons for the condition; and
(v)the day the registration ends; and
(vi)anything else prescribed by regulation; and
(c)if the registration is conditional under section 42A—tell the named employer (if any) in writing—
(i)that the person’s registration is conditional; and
(ii)what the condition is.
(3)For subsection (2) (c), the commissioner must not, without the person’s consent, tell the named employer the reasons for the condition.
(4)Registration must be for not longer than 5 years.
Conditional registration
A registration may be subject to conditions.
Examples—conditions
1 a registered person must not drive a motor vehicle if a vulnerable person is a passenger
2 a registered person must not have unsupervised contact with a vulnerable person
3 a registered person must not supervise another registered person
4 a registered person may be engaged by any employer but only in a stated regulated activity
42AConditional registration—class A disqualifying offence
A registration of a person who has an adult conviction or finding of guilt for a class A disqualifying offence is automatically subject to the condition that the person must not engage in—
(a)a regulated activity involving children; or
(b)an NDIS activity.
Note 1Sections 43 to 46 do not apply to a condition under this section.
Note 2For a kinship carer, a class A disqualifying offence is taken to be a class B disqualifying offence (see s 11C (2)).
42BConditional registration—role‑based registration
(1)The commissioner may register a person (a role-based registration) subject to 1 or both of the following conditions:
(a)that the person engage only in stated regulated activities;
(b)that the person engage in regulated activities only for a stated employer.
Example—role-based registration
a person with a criminal record is registered but may only work as a counsellor in a particular correctional centre
(2)Before giving a person a role-based registration, the commissioner may—
(a)consult, in accordance with the risk assessment guidelines, with 1 or more independent advisors; and
(b)consider any relevant advice given.
(3)A regulation may prescribe information that a person or an employer must give the commissioner before the commissioner may give the person a role-based registration.
42CConditional registration—disqualifying offences
(1)This section applies if the commissioner decides to register a person who has—
(a)an outstanding charge for a disqualifying offence committed when the person was an adult; or
(b)an adult conviction or finding of guilt for a class B disqualifying offence.
(2)Unless the commissioner is satisfied there are exceptional circumstances, the person’s registration is subject to the condition that the person must not engage in—
(a)a regulated activity involving children; or
(b)an NDIS activity.
Note 1If the person is acquitted or the charges lapse or are withdrawn or discharged, the person may apply to the commissioner to have the condition removed (see s 47).
Note 2If the person has an adult conviction or finding of guilt for a class A disqualifying offence their registration is cancelled (see s 56A).
Proposed conditional registration
(1)If the commissioner intends to register a person conditionally (other than under section 42A), the commissioner must tell the person in writing (a proposed conditional registration notice).
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(2)A proposed conditional registration notice must state—
(a)what the condition is and the reasons for proposing to register the person conditionally; and
(b)that, if the person would like the commissioner to reconsider the decision, the person may take the steps mentioned in section 44 (1); and
(c)that if the person does not take the steps mentioned in section 44 (1), the commissioner must register the person conditionally.
(3)The commissioner must not, without the person’s consent, tell a named employer—
(a)that a proposed conditional registration notice has been given to a person; or
(b)the reasons for giving the person the proposed conditional registration notice.
Reconsideration of proposed conditional registration
(1)If the commissioner gives a person a proposed conditional registration notice, the person may—
(a)within 10 working days after the commissioner gives the person the proposed conditional registration 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.
(2)In making a request under subsection (1) (b), the person must give the commissioner any new or corrected information the person considers relevant.
(3)If the person asks the commissioner to reconsider the decision, the commissioner must, as soon as practicable—
(a)if the commissioner is satisfied that the condition is unnecessary—register the person unconditionally; or
(b)if the commissioner is satisfied that the condition is necessary—register the person subject to the condition.
NoteThe commissioner’s decision to register a person subject to a condition is reviewable (see s 61).
Extensions of period for reconsideration of proposed conditional registration
(1)On written application by a person, the commissioner may extend the period mentioned in section 44 (1) (a) or (b).
NoteThe 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 conditional registration 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
(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.
NoteThe 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).
Notice of conditional registration
(1)The commissioner must register a person subject to a condition if the commissioner gives the person a proposed conditional registration notice and—
(a)the person does not tell the commissioner that the person intends to ask the commissioner to reconsider the decision under section 44 (1) (a); or
(b)the person—
(i)tells the commissioner that the person intends to ask the commissioner to reconsider the decision under section 44 (1) (a); but
(ii)does not ask the commissioner to reconsider the decision under section 44 (1) (b).
NoteThe commissioner must also register a person subject to a condition if the commissioner has reconsidered the decision and is satisfied that the condition is necessary (see s 44 (3) (b)).
(2)If a registration is subject to a condition, the commissioner must—
(a)register the person; and
(b)tell the person, in writing—
(i)of the positive risk assessment; and
(ii)that the person is registered subject to a condition including—
(A)what the condition is; and
(B)the reasons for the condition; and
(iii)the person’s unique identifying number; and
(iv)the day the registration ends; and
(v)anything else prescribed by regulation; and
(c)tell the named employer (if any) in writing—
(i)that the person’s registration is conditional; and
(ii)what the condition is.
(3)For subsection (2) (c), the commissioner must not, without the person’s consent, tell the named employer the reasons for the condition.
Conditional registration—amendment
(1)A person with conditional registration may apply to the commissioner to amend the person’s registration (including by removing or amending a condition of the registration) if there has been a change in relevant information about the person since the person was registered subject to a condition.
Examples—change in relevant information
1 a person has been acquitted of a previously pending charge for a relevant offence
2 a person’s conviction for a relevant offence has been quashed
(2)The risk assessment guidelines may provide for what constitutes a change in relevant information about the person.
(3)The commissioner may, in writing, require the applicant to give the commissioner the additional information in writing or documents the commissioner reasonably needs to decide the application.
(4)If the applicant does not comply with a requirement under subsection (3), the commissioner may refuse to consider the application further.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(5)On application by a person to amend a conditional registration, the commissioner must—
(a)amend the registration; or
(b)refuse to amend the registration.
(6)The commissioner must—
(a)tell the applicant in writing of a decision under subsection (5) and—
(i)if the commissioner amends the registration—state the details of the amendment; and
(ii)if the commissioner refuses to amend the registration—the reasons for the decision; and
NoteThe commissioner must also give the applicant a reviewable decision notice in relation to a decision to refuse to amend the applicant’s registration (see s 62).
(b)if the commissioner amends the registration—tell the named employer (if any) in writing—
(i)that the applicant’s registration has been amended; and
(ii)the details of the amendment.
47ARestrictions on reapplying for amendment of conditional registration
(1)This section applies to a person with conditional registration if—
(a)the person has applied for an amendment of the person’s registration under section 47; and
(b)the commissioner has refused to amend the registration.
(2)The person may apply for an amendment of the person’s conditional registration under section 47 only if it is at least 5 years after the day the commissioner refused to amend the registration.
Offences—registered person contravene condition of registration
(1)A person commits an offence if—
(a)the person’s registration is subject to a condition; and
(b)the person contravenes a requirement of the condition.
Maximum penalty: 50 penalty units.
(2)An offence against subsection (1) is a strict liability offence.
(3)A person commits an offence if—
(a)the person’s registration is subject to a condition; and
(b)the person contravenes a requirement of the condition; and
(c)the person knows, or is reckless about whether, the person is contravening the requirement.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(4)Strict liability applies to subsection (3) (a).
NoteThe commissioner may suspend or cancel a person’s registration if the person’s registration is subject to a condition and the person contravenes a requirement of the condition (see s 57 (1)).
Dictionary
(see s 4)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· ACT
· adult
· Australia
· change
· chief police officer
· child
· commissioner for fair trading
· contravene
· Corporations Act
· correctional centre
· Criminal Code
· detention place
· director-general (see s 163)
· disallowable instrument (see s 9)
· document
· domestic partner (see s 169 (1))
· emergency service
· entity
· foreign country
· found guilty
· function
· health practitioner
· home address
· lawyer
· Legislation Act
· notifiable instrument (see s 10)
· penalty unit (see s 133)
· person (see s 160)
· police officer
· registrar-general
· reviewable decision notice
· road transport authority
· territory law
· the Territory
· work health and safety commissioner
· working day
· writing.
ACT Teacher Quality Institute means the institute established under the ACT Teacher Quality Institute Act 2010, section 10.
additional risk assessment—see section 54 (2) (a).
adult conviction or finding of guilt, for a person for an offence, means a conviction or finding of guilt for an offence committed when the person was an adult.
Animal Welfare Act, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
application, for registration, for part 4 (Applying for registration)—see section 16A.
class A disqualifying offence—see section 11B.
class B disqualifying offence—see section 11B.
commissioner means the commissioner for fair trading.
conditional registration means a registration that is subject to conditions.
contact, between a person and a vulnerable person—see section 10.
corresponding law means—
(a)a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or
(b)a law of another jurisdiction prescribed by regulation as a corresponding law for this Act.
Crimes Act, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
Criminal Code, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
criminal history, about a person—see section 24.
disqualifying offence—see section 11B.
Drugs of Dependence Act, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
employer, in relation to a regulated activity—see section 11.
engaged, in a regulated activity—see section 9.
independent advisor means an independent advisor appointed under section 34.
interim condition—see section 54A.
jurisdiction means a State, the Commonwealth or an internal Territory, including the ACT.
kinship carer—see the Children and Young People Act 2008, section 516.
named employer, for a regulated activity—see section 18 (1) (d) (i).
NDIS Act means the National Disability Insurance Scheme Act 2013 (Cwlth).
NDIS activity—see section 8A.
NDIS quality and safeguards commission means the NDIS quality and safeguards commission established under the NDIS Act, section 181A.
negative notice—see section 40 (2) (a).
negative risk assessment—see section 37 (1) (b).
non-conviction information, about a person—see section 25.
proposed conditional registration notice—see section 43 (1).
proposed negative notice—see section 37 (2).
registered NDIS provider—see the NDIS Act, section 9 (Definitions).
registration means a registration under this Act.
regulated activity—see section 8.
relevant offence—see section 11A.
reviewable decision, for part 7 (Notification and review of decisions)—see section 61.
revised risk assessment—see section 38 (2).
risk assessment, for a person—see section 23.
risk assessment guidelines—see section 27.
Road Transport (Safety and Traffic Management) Act, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
role-based registration—see section 42B.
Sex Work Act, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
spent, for a conviction—see the Spent Convictions Act 2000, section 7.
vulnerable person—see section 7.
young adult relationship, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Working with Vulnerable People (Background Checking) Act 2011 A2011-44
notified LR 8 November 2011
s 1, s 2 commenced 8 November 2011 (LA s 75 (1))
remainder commenced 8 November 2012 (s 2 (2))as amended by
Statute Law Amendment Act 2012 A2012-21 sch 1 pt 1.3
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
sch 1 pt 1.3 commenced 8 November 2012 (s 2 (2) and see A2011‑44 s 2 (2))Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.55
notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))
sch 3 pt 3.55 commenced 14 June 2013 (s 2)Statute Law Amendment Act 2014 (No 2) A2014‑44 sch 3 pt 3.13
notified LR 5 November 2014
s 1, s 2 commenced 5 November 2014 (LA s 75 (1))
sch 3 pt 3.13 commenced 19 November 2014 (s 2)Children and Young People Amendment Act 2015 (No 2) A2015-22 sch 1 pt 1.1
notified LR 16 June 2015
s 1, s 2 commenced 16 June 2015 (LA s 75 (1))
sch 1 pt 1.1 commenced 1 July 2015 (s 2)Veterinary Surgeons Act 2015 A2015‑29 sch 2 pt 2.13
notified LR 20 August 2015
s 1, s 2 commenced 20 August 2015 (LA s 75 (1))
sch 2 pt 2.13 commenced 1 December 2015 (s 2 (1) and CN2015-22)Spent Convictions (Historical Homosexual Convictions Extinguishment) Amendment Act 2015 A2015‑45 sch 1 pt 1.9
notified LR 6 November 2015
s 1, s 2 commenced 6 November 2015 (LA s 75 (1))sch 1 pt 1.9 commenced 7 November 2015 (s 2)
Children and Young People Amendment Act 2015 (No 3) A2015-46 sch 1
notified LR 6 November 2015
s 1, s 2 commenced 6 November 2015 (LA s 75 (1))
sch 1 commenced 1 January 2016 (s 2)Reportable Conduct and Information Sharing Legislation Amendment Act 2016 A2016-39 pt 4
notified LR 17 August 2016
s 1, s 2 commenced 17 August 2016 (LA s 75 (1))
s 15 commenced 1 July 2017 (s 2 (2) and CN2017-2)
pt 4 remainder commenced 18 August 2016 (s 2 (1))Family Violence Act 2016 A2016-42 sch 3 pt 3.22 (as am by A2017‑10 s 7)
notified LR 18 August 2016
s 1, s 2 commenced 18 August 2016 (LA s 75 (1))
sch 3 pt 3.22 commenced 1 May 2017 (s 2 (2) as am by A2017‑10 s 7)Family and Personal Violence Legislation Amendment Act 2017 A2017‑10 s 7
notified LR 6 April 2017
s 1, s 2 commenced 6 April 2017 (LA s 75 (1))
s 7 commenced 30 April 2017 (s 2 (1))Note
This Act only amends the Family Violence Act 2016
A2016‑42.
Road Transport Reform (Light Rail) Legislation Amendment Act 2018 A2018-19 sch 1 pt 1.11
notified LR 17 May 2018
s 1, s 2 commenced 17 May 2018 (LA s 75 (1))
sch 1 pt 1.11 commenced 24 May 2018 (s 2)Working with Vulnerable People (Background Checking) Amendment Act 2019 A2019-13 (as am by A2020-14 amdt 1.142)
notified LR 23 May 2019
s 1, s 2 commenced 23 May 2019 (LA s 75 (1))
remainder commenced 1 February 2021 (s 2 (1) (as am by A2020-14 amdt 1.142) and CN2021-1)Work Health and Safety Amendment Act 2019 A2019-38 sch 1 pt 1.12
notified LR 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
sch 1 pt 1.12 commenced 1 February 2021 (s 2 (2) and see A2019-13 s 2 (as am by A2020-14 amdt 1.142) and CN2021-1)COVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.20
notified LR 7 April 2020
s 1, s 2 commenced 7 April 2020 (LA s 75 (1))
sch 1 pt 1.20 commenced 8 April 2020 (s 2 (1))COVID-19 Emergency Response Legislation Amendment Act 2020 A2020-14 sch 1 pt 1.32, amdt 1.142
notified LR 13 May 2020
s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))
sch 1 pt 1.32, amdt 1.142 commenced 14 May 2020 (s 2 (1))NoteThis Act also amends the Working with Vulnerable People (Background Checking) Amendment Act 2019 A2019-13.
Working with Vulnerable People (Background Checking) Amendment Act 2020 A2020-29
notified LR 23 May 2019
s 1, s 2 commenced 23 May 2019 (LA s 75 (1))
remainder commenced 1 February 2021 (s 2 (a) and see A2019-13 s 2 (as am by A2020-14 amdt 1.142) and CN2021-1)COVID-19 Emergency Response Legislation Amendment Act 2021 A2021-1 sch 1 pt 1.16
notified LR 19 February 2021
s 1, s 2 commenced 19 February 2021 (LA s 75 (1))
sch 1 pt 1.16 commenced 20 February 2021 (s 2 (1))Family Violence Legislation Amendment Act 2022 A2022-13 pt 6
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
pt 6 commenced 17 August 2022 (s 2)Background Checking Legislation Amendment Act 2023 A2023-12 pt 3
notified LR 11 April 2023
s 1, s 2 commenced 11 April 2023 (LA s 75 (1))
pt 3 commenced 12 April 2023 (s 2)Crimes Legislation Amendment Act 2023 A2023-33 sch 2 pt 2.9
notified LR 6 September 2023
s 1, s 2 commenced 6 September 2023 (LA s 75 (1))
sch 2 pt 2.9 commenced 13 September 2023 (s 2)Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 A2023-45 sch 1 pt 1.9
notified LR 15 November 2023
s 1, s 2 commenced 15 November 2023 (LA s 75 (1))
sch 1 pt 1.9 commenced 27 March 2024 (s 2 (2) (a))Education and Care Services National Law (ACT) Amendment Act 2024 A2024-33 sch 1 pt 1.8
notified LR 10 July 2024
s 1, s 2 commenced 10 July 2024 (LA s 75 (1))
sch 1 pt 1.8 commenced 11 July 2024 (s 2 (1))Justice and Community Safety Legislation Amendment Act 2025 (No 3) A2025-22 sch 1 pt 1.8
notified LR 12 September 2025
s 1, s 2 commenced 12 September 2025 (LA s 75 (1))
sch 1 pt 1.8 commenced 1 November 2025 (s 2 (3) (a) and see Aged Care Act 2024 (Cwlth) s 7)Amendment history
Commencement
s 2om LA s 89 (4)
When does Act apply to a regulated activity?
s 3table sub A2012‑21 amdt 1.5
exp 8 November 2018 (s 3 (2))
Best interests of vulnerable people paramount consideration
s 6Ains A2020-29 s 4
What is a regulated activity?
s 8am A2019-13 s 4
What is an NDIS activity?
s 8Ains A2019-13 s 5
When is a person engaged in a regulated activity?
s 9am A2020-29 s 5
What is contact with a vulnerable person?
s 10am A2019-13 s 6, s 7; A2020-29 s 6
Who is an employer?
s 11sub A2019-13 s 8
Meaning of relevant offence
s 11Ains A2020-29 s 7
Meaning of disqualifying offence etc
s 11Bins A2020-29 s 7
sub A2023‑12 s 5
Disqualifying offences—kinship care activities
s 11Cins A2023‑12 s 5
When is a person required to be registered?
s 12am A2015‑29 amdt 2.92; A2019-13 ss 9-12; A2020-29 s 8, s 9; ss renum R16 LA; A2023‑12 ss 6-8; pars renum R20 LA; A2025‑22 amdt 1.31
Offences—person engage in regulated activity for which person not registered
s 13am A2020-29 s 10, s 11
Offences—employer engage person in regulated activity for which person not registered
s 14am A2020-29 s 12, s 13
When unregistered person may be engaged in regulated activity—supervised employment
s 15am A2019-13 s 13, s 14; pars renum R16 LA
Interim bar—supervised employment
s 15A hdgsub A2020-29 s 14
s 15Ains A2019-13 s 15
am A2020-29 s 15
When unregistered person may be engaged in regulated activity—kinship carer or foster carer
s 16am A2015‑46 amdt 1.1; A2020-29 s 16, s 17
sub A2023‑12 s 9
Meaning of application—pt 4
s 16Ains A2019-13 s 16
Application for registration
s 17sub A2019-13 s 17
am A2020-29 s 18, s 19; ss renum R16 LA
Application for registration—contents
s 18am A2019-13 ss 18-22; pars renum R16 LA
Application for registration for NDIS activity—additional contents
s 18Ains A2019-13 s 23
Application for registration—additional information
s 19am A2019-13 s 24
Application for registration—withdrawal
s 20am A2019-13 s 25, s 26; ss renum R16 LA
Offences—applicant fail to disclose charge, conviction or finding of guilt for relevant offence
s 21 hdgsub A2019-13 s 27; A2020-29 s 20
s 21am A2019-13 s 28; A2020-29 s 21
Offence—applicant fail to disclose change in relevant information
s 21Ains A2019-13 s 29
Restriction on reapplying for registration
s 22am A2019-13 s 30, s 31; A2020-29 s 22; ss renum R16 LA
Meaning of criminal history
s 24am A2015‑45 amdt 1.9
sub A2019-13 s 32; A2020-29 s 23
Meaning of non-conviction information
s 25am A2019-13 s 33
sub A2020-29 s 23
Meaning of relevant offence
s 26om A2020-29 s 23
Meaning of disqualifying offence etc
s 26Ains A2019-13 s 34
om A2020-29 s 23
Risk assessment guidelines
s 27am A2013‑19 amdt 3.517
Risk assessment guidelines—content
s 28am A2014‑44 amdt 3.86; A2016‑42 amdt 3.107; A2019-13 s 35, s 36; A2020-29 s 24, s 25
Risk assessment guidelines—criminal history
s 29sub A2019-13 s 37; A2020-29 s 26
Risk assessment guidelines—non-conviction information
s 30am A2019-13 s 38; A2020-29 s 27, s 28
Risk assessments
s 32am A2020-29 s 29
Commissioner may request information from an entity to conduct risk assessments
s 33sub A2016‑39 s 12
am A2019-13 s 39, s 40; ss renum R16 LA
Independent advisors—appointment
s 34am A2014‑44 amdt 3.87, amdt 3.88; A2020-29 s 30; A2023‑12 s 10
Independent advisors—advice
s 35am A2019-13 s 41
Proposed negative notices
s 37am A2019-13 s 42; A2020-29 s 31; ss renum R16 LA
Reconsideration of negative risk assessments
s 38am A2019-13 s 43
Negative notices
s 40am A2014‑44 amdt 3.89; A2019-13 s 44; A2020-29 ss 32-36; pars, ss renum R16 LA
Registration
s 41am A2019-13 s 45, s 46; A2020-29 s 37; ss renum R16 LA
Conditional registration
s 42am A2020-29 s 38
Conditional registration—class A disqualifying offence
s 42Ains A2020-29 s 39
am A2023‑12 s 11
Conditional registration—role‑based registration
s 42Bins A2020-29 s 39
Conditional registration—disqualifying offences
s 42Cins A2020-29 s 39
Proposed conditional registration
s 43am A2014‑44 amdt 3.90; A2020-29 s 40, s 41
Reconsideration of proposed conditional registration
s 44am A2019-13 ss 47-49; ss renum R16 LA
Notice of conditional registration
s 46am A2020-29 s 42; ss renum R16 LA
Conditional registration—amendment
s 47am A2019-13 s 50; ss renum R16 LA
Restrictions on reapplying for amendment of conditional registration
s 47Ains A2019-13 s 51
Registration cards
div 6.2 hdgom A2019-13 s 52
Registration cards
s 49am A2014‑44 amdt 3.91
om A2019-13 s 52
Offence—fail to produce registration card
s 50om A2019-13 s 52
Lost, stolen or damaged registration cards
s 51am A2013‑19 amdt 3.518
om A2019-13 s 52
Offence—fail to return registration card
s 52om A2019-13 s 52
Commissioner may request information from entities about registered people
s 53sub A2016‑39 s 13
am A2019-13 s 53, s 54; ss renum R16 LA
Additional risk assessments
s 54am A2019-13 s 55, s 56
Interim conditional registration
s 54Ains A2019-13 s 57
am A2020-29 s 43
Offence—registered person contravene interim condition of registration
s 54Bins A2019-13 s 57
Offences—registered person fail to disclose charge, conviction or finding of guilt for relevant offence
s 55 hdgsub A2019-13 s 58; A2020-29 s 44
s 55am A2019-13 s 59; A2020-29 s 45
Offence—applicant fail to disclose change in relevant information
s 55Ains A2019-13 s 60
Offence—fail to notify change of name
s 56 hdgsub A2020-29 s 46
s 56am A2019-13 s 61, s 62
Automatic cancellation—class A disqualifying offence
s 56Ains A2020-29 s 47
Registration cards
s 58am A2014‑44 amdt 3.92; A2020-29 s 48
Suspension or cancellation of registration
s 59am A2019-13 s 63, s 64; A2020-29 s 49
Surrendering registration
s 60am A2013‑19 amdt 3.519, amdt 3.520; A2013‑19 s 65, s 66; ss renum R16 LA
COVID‑19 emergency response
div 6.6 hdgins A2020‑11 amdt 1.69
exp 29 March 2023 (s 60D)
Definitions—div 6.6
s 60Ains A2020‑11 amdt 1.69
sub A2020‑14 amdt 1.138
exp 29 March 2023 (s 60D)
Extending registration—COVID‑19 emergency period
s 60Bins A2020‑11 amdt 1.69
am A2020‑14 amdt 1.139
om A2021‑1 amdt 1.28
Extending registration—COVID-19 emergency period—further provisions
s 60BAins A2021‑1 amdt 1.28
exp 29 March 2023 (s 60D)
Renewing expired registration—COVID‑19 emergency period
s 60Cins A2020‑11 amdt 1.69
am A2020‑14 amdt 1.140
om A2021‑1 amdt 1.28
Expiry—div 6.6
s 60Dins A2020‑11 amdt 1.69
am A2020‑14 amdt 1.141
exp 29 March 2023 (s 60D)
Information sharing
pt 7A hdgins A2016‑39 s 14
Commissioner may give information to particular entities
s 63Ains A2016‑39 s 14
am A2016‑39 s 15; pars renum R10 LA; A2019-13 s 67, s 68; A2019-38 amdt 1.30, amdt 1.31; pars renum R16 LA
Particular entities may give information to commissioner
s 63Bins A2016‑39 s 14
am A2019-13 s 69, s 70; A2019-38 amdt 1.32, amdt 1.33; pars renum R16 LA
Commissioner may give information to employers
s 63Cins A2019-13 s 71
am A2020-29 s 50
reloc to pt 7A A2020-29 s 51
Approved forms
s 69om A2019-13 s 72
Review of Act
s 70exp 8 November 2020 (s 70 (2))
Regulation-making power
s 71am A2014‑44 amdt 3.93
Transitional—Working with Vulnerable People (Background Checking) Amendment Act 2020
pt 9 hdgins A2020-29 s 52
exp 1 February 2026 (s 74)
Meaning of commencement day—pt 9
s 72om LA s 89 (3)
ins A2020-29 s 52
exp 1 February 2026 (s 74)
Foster carers
s 73ins A2020-29 s 52
exp 1 February 2026 (s 74)
Expiry—pt 9
s 74ins A2020-29 s 52
exp 1 February 2026 (s 74)
Regulated activities
sch 1am A2015‑22 amdt 1.1; A2015‑46 amdt 1.2; A2018‑19 amdt 1.21, amdt 1.22; A2023‑12 s 12, s 13; A2023-45 amdts 1.36-1.38; A2024‑33 amdts 1.16-1.18; pars renum R23 LA
Reviewable decisions
sch 2am A2019-13 ss 73-75; A2020-29 s 53, s 54; items renum R16 LA
Disqualifying offences
sch 3ins A2019-13 s 76
sub A2020-29 s 55
am A2022‑13 s 96; A2023‑12 ss 14-20; items renum R20 LA; A2023-33 amdt 2.35
Dictionary
dictam A2019-13 s 77; A2019-38 amdt 1.34, amdt 1.35
def ACT Teacher Quality Institute ins A2016‑39 s 16
def adult conviction or finding of guilt ins A2020-29 s 56
def Animal Welfare Act ins A2019-13 s 78
def application ins A2019-13 s 78
def class A disqualifying offence ins A2019-13 s 78
sub A2020-29 s 57
def class B disqualifying offence ins A2019-13 s 78
sub A2020-29 s 57
def Crimes Act ins A2019-13 s 78
def Criminal Code ins A2019-13 s 78
def disqualifying offence ins A2019-13 s 78
sub A2020-29 s 57
def Drugs of Dependence Act ins A2020-29 s 58
def interim bar ins A2019-13 s 78
om A2020-29 s 59
def interim condition ins A2019-13 s 78
def kinship care activity ins A2020-29 s 60
om A2023‑12 s 21
def kinship carer ins A2020-29 s 60
def NDIS Act ins A2019-13 s 78
def NDIS activity ins A2019-13 s 78
def NDIS quality and safeguards commission ins A2019-13 s 78
def registered NDIS provider ins A2019-13 s 78
def registration card om A2019-13 s 79
def registration number om A2014‑44 amdt 3.94
def relevant offence sub A2020-29 s 61
def Road Transport (Safety and Traffic Management) Act ins A2020-29 s 62
def role-based registration sub A2020-29 s 63
def Sex Work Act ins A2019-13 s 78
def young adult relationship ins A2020-29 s 64
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
8 Nov 20128 Nov 2012–
13 June 2012A2012‑21 new Act and amendments by A2012‑21 R2
14 June 201314 June 2013–
18 Nov 2014A2013-19 amendments by A2013-19 R3
19 Nov 201419 Nov 2014–
30 June 2015A2014-44 amendments by A2014-44 R4
1 July 20151 July 2015–
6 Nov 2015A2015‑22 amendments by A2015‑22 R5
7 Nov 20157 Nov 2015–
30 Nov 2015A2015‑45 amendments by A2015‑45 R6
1 Dec 20151 Dec 2015–
31 Dec 2015A2015‑45 amendments by A2015-29 R7
1 Jan 20161 Jan 2016–
17 Aug 2016A2015‑46 amendments by A2015‑46 R8
18 Aug 201618 Aug 2016–
30 Apr 2017A2016‑39 amendments by A2016‑39 R9
1 May 20171 May 2017–
30 June 2017A2017‑10 amendments by A2016‑42
as amended by A2017‑10R10
1 July 20171 July 2017–
23 May 2018A2017‑10 amendments by A2016‑39 R11
24 May 201824 May 2018–
8 Nov 2018A2018‑19 amendments by A2018‑19 R12
9 Nov 20189 Nov 2018–
7 Apr 2020A2018‑19 expiry of provision (s 3) R13
8 Apr 20208 Apr 2020–
13 May 2020A2020-11 amendments by A2020-11 R14
14 May 202014 May 2020–
8 Nov 2020A2020‑14 amendments by A2020‑14 R15
9 Nov 20209 Nov 2020–
31 Jan 2021A2020‑14 expiry of provision (s 70) R16 (RI)
23 Sept 20221 Feb 2021–
19 Feb 2021A2020-29 amendments by A2019-13, A2019‑38 and A2020-29
reissued for textual correction in schedule 2, items 5 and 6R17 (RI)
23 Sept 202220 Feb 2021–
16 Aug 2022A2021‑1 amendments by A2021‑1
reissued for textual correction in schedule 2, items 5 and 6R18 (RI)
17 Aug 202217 Aug 2022–
29 Mar 2023A2022‑13 amendments by A2022‑13
reissued for textual correction in schedule 2, items 5 and 6R19
30 Mar 202330 Mar 2023–
11 Apr 2023A2022‑13 expiry of provisions (div 6.6) R20
12 Apr 202312 Apr 2023–
12 Sept 2023A2023‑12 amendments by A2023‑12 R21
13 Sept 202313 Sept 2023–
26 Mar 2024A2023‑33 amendments by A2023‑33 R22
27 Mar 202427 Mar 2024–
10 July 2024A2023‑45 amendments by A2023‑45 R23
11 July 202411 July 2024–
31 Oct 2025A2024‑33 amendments by A2024‑33
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