Working with Vulnerable People (Background Checking) Amendment Act 2019 (ACT)
Working with Vulnerable People (Background Checking) Amendment Act 2019
A2019-13
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 What is a regulated activity?Section 8 (1), definition of regulated activity, paragraph (a) 2
5 New section 8A 3
6 What is contact with a vulnerable person?Section 10, definition of contact, paragraph (b) 3
7 Section 10, definition of contact, new paragraph (d) 3
8 Section 11 3
9 When is a person required to be registered?Section 12 (1) 4
10 Section 12 (2) (b) 4
11 New section 12 (2A) 5
12 Section 12 (4), new definition of key personnel 5
13 When unregistered person may be engaged in regulated activity—supervised employmentNew section 15 (1) (b) (ia) 5
14 New section 15 (2) (e) 5
15 New section 15A 6
16 New section 16A 7
17 Section 17 7
18 Application for registration—contentsSection 18 (1) (d) 8
19 New section 18 (1) (d) (iv) 8
20 Section 18 (2) (a) (iii), note 8
21 New section 18 (2) (ba) 9
22 Section 18 (3), note 9
23 New section 18A 9
24 Application for registration—additional informationNew section 19 (3) 11
25 Application for registration—withdrawalSection 20 (1), note 11
26 New section 20 (1A) 12
27 Section 21 heading 12
28 Section 21 (1) (c) and (2) (c) 12
29 New section 21A 12
30 Restriction on reapplying for registrationSection 22 (2) (a) 13
31 New section 22 (2A) 13
32 Section 24 14
33 Meaning of non-conviction informationSection 25 14
34 New section 26A 15
35 Risk assessment guidelines—contentSection 28 (2) (a), note 15
36 Section 28 (2) (b), note 15
37 Section 29 16
38 Risk assessment guidelines—non-conviction information Section 30 17
39 Commissioner may request information from an entity to conduct risk assessmentsSection 33 (1) 17
40 New section 33 (3A) to (3C) 17
41 Independent advisors—adviceSection 35 (2) 18
42 Proposed negative noticesNew section 37 (3A) 18
43 Reconsideration of negative risk assessmentsSection 38 (1), note 18
44 Negative noticesNew section 40 (4) 18
45 RegistrationSection 41 (2) (b) and (c) 19
46 Section 41 (3) 19
47 Reconsideration of proposed conditional registrationSection 44 (1), note 19
48 New section 44 (1A) 19
49 Section 44 (3) 20
50 Conditional registration—amendmentSection 47 (1) 20
51 New section 47A 20
52 Registration cardsDivision 6.2 21
53 Commissioner may request information from entities about registered peopleSection 53 (1) 21
54 New section 53 (3A) to (3C) 21
55 Additional risk assessmentsSection 54 (1), new examples 22
56 Section 54 (2), note 22
57 New sections 54A and 54B 22
58 Section 55 heading 24
59 Section 55 (1) (b) and (2) (b) 25
60 New section 55A 25
61 Offence—fail to notify change of name or addressSection 56 (1) (b) 26
62 Section 56 (1), note 26
63 Suspension or cancellation of registrationNew section 59 (2) (a) (iii) 26
64 New section 59 (6) to (8) 26
65 Surrendering registrationSection 60 (1), note 27
66 Section 60 (2) 27
67 Commissioner may give information to particular entitiesSection 63A (1) 27
68 Section 63A (2), new definitions 28
69 Particular entities may give information to commissionerSection 63B (1) 28
70 Section 63B (3), definition of entity, new paragraphs (d) to (g) 29
71 New section 63C 29
72 Approved formsSection 69 30
73 Reviewable decisionsSchedule 2, new items 1A and 1B 30
74 Schedule 2, item 9 30
75 Schedule 2, new item 11 30
76 New schedule 3 31
77 Dictionary, note 2 41
78 Dictionary, new definitions 41
79 Dictionary, definition of registration card 42
Schedule 1 Consequential amendments 43
Part 1.1 Magistrates Court (Working with Vulnerable People Infringement Notices) Regulation 2012 43
Part 1.2 Road Transport (Driver Licensing) Regulation 2000 43
Part 1.3 Working with Vulnerable People (Background Checking) Regulation 2012 44
Working with Vulnerable People (Background Checking) Amendment Act 2019
A2019-13
An Act to amend the Working with Vulnerable People (Background Checking) Act 2011, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Working with Vulnerable People (Background Checking) Amendment Act 2019.
Commencement
This Act commences on 1 July 2020.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the Working with Vulnerable People (Background Checking) Act 2011.
NoteThis Act also amends other legislation (see sch 1).
What is a regulated activity?
Section 8 (1), definition of regulated activity, paragraph (a)substitute
(a)means an activity or service—
(i)mentioned in schedule 1; or
(ii)that is an NDIS activity; or
(iii)prescribed by regulation; but
New section 8A
insert
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.
What is contact with a vulnerable person?
Section 10, definition of contact, paragraph (b)substitute
(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
Section 10, definition of contact, new paragraph (d)
before the examples, insert
(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.
Section 11
substitute
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).
When is a person required to be registered?
Section 12 (1)substitute
(1)A person is required to be registered if either of the following apply:
(a)to engage in a regulated activity;
(b)for an NDIS activity—if the person is one of the key personnel of the registered NDIS provider for the activity.
Section 12 (2) (b)
omit
(other than an overnight camp for children)
New section 12 (2A)
insert
(2A)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.
Section 12 (4), new definition of key personnel
insert
key personnel, of a registered NDIS provider—see the NDIS Act, section 11A.
When unregistered person may be engaged in regulated activity—supervised employment
New section 15 (1) (b) (ia)before subparagraph (i), insert
(ia)imposed an interim bar on the person under section 15A; or
New section 15 (2) (e)
before the note, insert
(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.
New section 15A
insert
15AInterim bar for unregistered person engaging in NDIS activity
(1)Despite section 15, the commissioner may refuse to allow an unregistered person to engage in an NDIS activity (an interim bar) if the commissioner reasonably believes the person poses an unacceptable risk of harm to a vulnerable person.
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.
New section 16A
in part 4, insert
16AMeaning of application—pt 4
In this part:
application, for registration, includes an application for renewal of registration.
Section 17
substitute
Application for registration
(1)A person may apply to the commissioner for registration under this Act.
NoteA fee may be determined under s 68 for this provision.
(2)A registered person may apply to the commissioner, not later than the day the person’s registration expires, to renew the person’s registration.
(3)If a person applies to renew their registration, the person’s registration remains in force until the application is decided.
(4)This section is subject to section 22.
NoteUnder s 22, a person who is given a negative notice or whose registration is cancelled must not reapply for registration for 5 years unless relevant information about the person has changed.
Application for registration—contents
Section 18 (1) (d)after
a particular employer
insert
, or in an NDIS activity
New section 18 (1) (d) (iv)
insert
(iv)if the named employer is a registered NDIS provider—the provider’s registration number; and
Section 18 (2) (a) (iii), note
substitute
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 (2) (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 (4)).
New section 18 (2) (ba)
insert
(ba)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
Section 18 (3), note
omit
approved for s 17
New section 18A
insert
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
New section 19 (3)before the note, insert
(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).
Application for registration—withdrawal
Section 20 (1), noteomit
New section 20 (1A)
insert
(1A)However, an applicant must not withdraw an application if the commissioner has imposed an interim bar on the person under section 15A.
Section 21 heading
substitute
Offences—applicant fail to disclose charge, conviction or finding of guilt for disqualifying or relevant offence
Section 21 (1) (c) and (2) (c)
before
a relevant offence
insert
a disqualifying offence or
New section 21A
insert
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) (ba); 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
Section 22 (2) (a)omit
3 years
substitute
5 years
New section 22 (2A)
insert
(2A)However, a person is not eligible to reapply for registration to engage in an NDIS activity if the person’s negative notice was given or registration cancelled because of a class A disqualifying offence.
Section 24
substitute
Meaning of criminal history
In this Act:
criminal history, about a person—
(a)means any conviction of, or finding of guilt against, the person for a disqualifying or relevant offence; and
(b)for a disqualifying offence—
(i)includes any charge for the offence; but
(ii)does not include a charge for the offence that is subsequently withdrawn or discharged, or for which the person is subsequently acquitted.
Meaning of non-conviction information
Section 25omit
a relevant offence (or an alleged relevant offence)
substitute
a disqualifying offence or relevant offence (or an alleged disqualifying offence or relevant offence)
New section 26A
in division 5.1, insert
26AMeaning of disqualifying offence etc
In this Act:
class A disqualifying offence means an offence against a provision of a law mentioned in schedule 3, part 3.2, column 2, if the condition mentioned in column 4 is met.
class B disqualifying offence means an offence against a provision of a law mentioned in schedule 3, part 3.3, column 2, if the condition mentioned in column 4 is met.
disqualifying offence means a class A disqualifying offence or class B disqualifying offence.
Risk assessment guidelines—content
Section 28 (2) (a), notebefore
relevant offences
insert
disqualifying or
Section 28 (2) (b), note
before
relevant offences
insert
disqualifying or
Section 29
substitute
Risk assessment guidelines—criminal history
(1)The risk assessment guidelines must provide for the following to be taken into account in relation to any disqualifying offence included in the criminal history of a person applying for registration to engage in an NDIS activity:
(a)whether the offence is a class A or class B disqualifying offence;
(b)for a class B disqualifying offence or a charge for a class A disqualifying offence—whether exceptional circumstances apply that justify the person being registered.
(2)The risk assessment guidelines must provide for the following to be taken into account in relation to any relevant offence included in the 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).
Risk assessment guidelines—non-conviction information
Section 30omit
any relevant offence, or any alleged relevant offence
substitute
any relevant offence or disqualifying offence, or any alleged relevant offence or alleged disqualifying offence
Commissioner may request information from an entity to conduct risk assessments
Section 33 (1)after
The commissioner may
insert
, in writing,
New section 33 (3A) to (3C)
insert
(3A)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.
(3B)Subsection (3A) does not apply if the entity has a reasonable excuse for failing to comply with the request.
(3C)An offence against this section is a strict liability offence.
Independent advisors—advice
Section 35 (2)substitute
(2)The commissioner may ask 1 or more independent advisors for the advice.
Proposed negative notices
New section 37 (3A)insert
(3A)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.
Reconsideration of negative risk assessments
Section 38 (1), noteomit
Negative notices
New section 40 (4)insert
(4)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.
Registration
Section 41 (2) (b) and (c)substitute
(b) tell the person, in writing—
(i)of the positive risk assessment and that the person has been registered; and
(ii)the person’s unique identifying number; and
(iii)the day the registration ends; and
(iv)anything else prescribed by regulation.
Section 41 (3)
omit
3 years
substitute
5 years
Reconsideration of proposed conditional registration
Section 44 (1), noteomit
New section 44 (1A)
insert
(1A)In making a request under subsection (1) (b), the person must give the commissioner any new or corrected information the person considers relevant.
Section 44 (3)
omit
Conditional registration—amendment
Section 47 (1)substitute
(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
(1A)The risk assessment guidelines may provide for what constitutes a change in relevant information about the person.
New section 47A
insert
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.
Registration cards
Division 6.2omit
Commissioner may request information from entities about registered people
Section 53 (1)after
The commissioner may
insert
, in writing,
New section 53 (3A) to (3C)
insert
(3A)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.
(3B)Subsection (3A) does not apply if the entity has a reasonable excuse for failing to comply with the request.
(3C)An offence against this section is a strict liability offence.
Additional risk assessments
Section 54 (1), new examplesinsert
4 a complaint or investigation is made about noncompliance of an approved care and protection organisation under the Children and Young People Act 2008, div 10.4.3 involving conduct by a registered person
5 an allegation or investigation of misconduct is made about a registered person within a regulated activity
Section 54 (2), note
substitute
NoteIf the commissioner decides to conduct an additional risk assessment for a person, the commissioner may, while the assessment is conducted, make the person’s registration subject to an interim condition (see s 54A) or suspend the person’s registration (see s 57 (2)).
New sections 54A and 54B
insert
54AInterim conditional registration
(1)If the commissioner decides to conduct an additional risk assessment for a person, the commissioner may make the person’s registration subject to conditions (an interim condition) while the assessment is conducted.
Example—interim condition
a person may engage in a regulated activity only if in the company of a registered person at all times
Note 1The commissioner must conduct an additional risk assessment for a person under s 54 if the commissioner believes on reasonable grounds that there is new relevant information about the person.
Note 2The commissioner may also suspend a person’s registration while an additional risk assessment is being conducted for a person (see s 57 (2)).
(2)The commissioner must give a person written notice of an intention to make the person’s registration subject to an interim condition.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)A notice of intention to make a person’s registration subject to an interim condition must—
(a)set out the reason for the interim condition; and
(b)state that the person may, within 10 working days after the day the commissioner gives the person the notice, give reasons why the person considers that the registration should not be made subject to the interim condition.
(4)The commissioner must make a person’s registration subject to an interim condition if the commissioner—
(a)has given written notice to the person of an intention to make the person’s registration subject to an interim condition; and
(b)has considered the reasons (if any) given by the person in accordance with the notice; and
(c)is satisfied that the reason for the interim condition exists.
NoteThe commissioner’s decision to make a person’s registration subject to an interim condition is reviewable (see s 61).
(5)The commissioner must—
(a)tell the person, in writing—
(i)that the person’s registration is subject to an interim condition; and
(ii)what the interim condition is; and
(iii)the reason for the interim condition; and
(b)tell the person’s employer (if any), in writing—
(i)that the person’s registration is subject to an interim condition; and
(ii)what the interim condition is.
(6)For subsection (5) (b), the commissioner must not tell the person’s employer the reason for the interim condition.
(7)The interim condition takes effect—
(a)on the day after the day the commissioner tells the person, in writing, that the person’s registration is subject to an interim condition; or
(b)if a later date is stated in the notice—on the later date.
54BOffence—registered person contravene interim condition of registration
(1)A person commits an offence if—
(a)the person’s registration is subject to an interim condition; and
(b)the person contravenes the condition.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Section 55 heading
substitute
Offences—registered person fail to disclose charge, conviction or finding of guilt for disqualifying or relevant offence
Section 55 (1) (b) and (2) (b)
before
a relevant offence
insert
a disqualifying offence or
New section 55A
insert
55AOffence—applicant fail to disclose change in relevant information
(1)A person commits an offence if—
(a)the person is registered; and
(b)there has been a change in relevant information about the person since the person was registered; and
(c)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) (ba); or
(b)for a person engaged in an NDIS activity—a matter mentioned in section 18A (1) (b).
Offence—fail to notify change of name or address
Section 56 (1) (b)omit
or address
Section 56 (1), note
omit
Suspension or cancellation of registration
New section 59 (2) (a) (iii)before the note, insert
(iii)about the information mentioned in subsections (6) to (8); and
New section 59 (6) to (8)
insert
(6)A person whose registration is suspended may apply to the commissioner to end the suspension not earlier than 6 months after the day the commissioner tells the person that the person’s registration is suspended.
(7)The commissioner must, on application—
(a)end the person’s suspension; or
(b)refuse to end the person’s suspension.
NoteA decision under s (7) (b) is a reviewable decision (see s 61).
(8)The commissioner must not refuse to end a person’s suspension unless the commissioner believes the suspension is necessary for the Act.
Surrendering registration
Section 60 (1), noteomit
Section 60 (2)
omit
Commissioner may give information to particular entities
Section 63A (1)substitute
(1)The commissioner may give protected information to any of the following if satisfied on reasonable grounds that the information is relevant to preventing harm or risk of harm to a vulnerable person or class of vulnerable people:
(a)the director-general responsible for the Education Act 2004;
(b)the director-general responsible for the Education and Care Services National Law (ACT);
(c)the director-general responsible for the Health Act 1993;
(d)the director-general responsible for the Children and Young People Act 2008, other than chapter 20 of that Act;
(e)the ombudsman;
(f)the chief executive officer of the ACT Teacher Quality Institute;
(g)the chief police officer or a chief police officer (however described) of another jurisdiction;
(h)the senior practitioner;
(i)the registrar-general;
(j)the regulator under the Work Health and Safety Act 2011;
(k)the road transport authority;
(l)the work safety commissioner;
(m)the NDIS quality and safeguards commissioner;
(n)an entity administering a corresponding law;
(o)any other entity prescribed by regulation.
Section 63A (2), new definitions
insert
NDIS quality and safeguards commissioner means the commissioner of the NDIS quality and safeguards commission established under the NDIS Act, section 181C.
senior practitioner—see the Senior Practitioner Act 2018, dictionary.
Particular entities may give information to commissioner
Section 63B (1)omit
a child or class of child
substitute
a vulnerable person or class of vulnerable people
Section 63B (3), definition of entity, new paragraphs (d) to (g)
insert
(d)the registrar-general; or
(e)the regulator under the Work Health and Safety Act 2011; or
(f)the road transport authority; or
(g)the work safety commissioner.
New section 63C
in part 8, insert
63CCommissioner may give information to employers
(1)The commissioner may give an employer the following information about a person the employer is associated with:
(a)the person’s name;
(b)the status or outcome of the person’s application for registration;
(c)if the person is registered—
(i)the unique identifying number for the person; and
(ii)the date the person’s registration ends; and
(iii)whether the person’s registration is subject to conditions under section 42 or section 54A;
(d)anything else prescribed by regulation.
(2)For subsection (1) (c) (iii), the commissioner need not tell the employer what the person’s condition is.
(3)In this section, an employer is associated with a person if—
(a)the person is registered or has applied for registration; and
(b)the employer engages, or intends to engage, the person in a regulated activity for which the person is required to be registered.
Approved forms
Section 69omit
Reviewable decisions
Schedule 2, new items 1A and 1Bbefore item 1, insert
| 1A | 15A (1) | refuse to allow unregistered person to engage in NDIS activity | person |
| 1B | 15A (5) (b) | refuse to remove person’s interim bar | person |
Schedule 2, item 9
substitute
| 9 | 54A (4) | make person’s registration subject to interim condition | person |
Schedule 2, new item 11
insert
| 11 | 59 (7) (b) | refuse to end person’s suspension | person |
New schedule 3
insert
Schedule 3Disqualifying offences
(see s 26A)
Part 3.1Definitions
3.1Definitions—sch 3
In this schedule:
Animal Welfare Act means the Animal Welfare Act 1992.
Crimes Act means the Crimes Act 1900.
Criminal Code means the Criminal Code 2002.
Sex Work Act means the Sex Work Act 1992.
Part 3.2Class A disqualifying offences
| column 1 item | column 2 offence | column 3 short description | column 4 condition |
| Homicide and related offences | |||
| 1 | Crimes Act, s 12 | murder | |
| 2 | Criminal Code, s 44 | attempt | to commit murder |
| 3 | Crimes Act, s 29 (2) | culpable driving of motor vehicle—cause death | intent to cause death |
| 4 | Crimes Act, s 48A (g), for offence against s 29 (2) | aggravated offences—offences against pregnant women | intent to cause death |
| Acts intended to cause injury | |||
| 5 | Crimes Act, s 19 | intentionally inflict grievous bodily harm | offence against vulnerable person |
| 6 | Crimes Act, s 20 | recklessly inflict grievous bodily harm | offence against vulnerable person |
| 7 | Crimes Act, s 21 | wounding | offence against vulnerable person |
| 8 | Crimes Act, s 22 | assault with intent to commit other offence | offence against vulnerable person |
| 9 | Crimes Act, s 25 | cause grievous bodily harm | offence against vulnerable person |
| 10 | Crimes Act, s 27 (3) (a) | acts endangering life—chokes, suffocates or strangles | offence against vulnerable person |
| 11 | Crimes Act, s 36 | torture | offence against vulnerable person |
| 12 | Crimes Act, s 43 | childbirth—grievous bodily harm with intent | offence against vulnerable person |
| 13 | Crimes Act, s 48A (1) (b) to (e) | aggravated offences against pregnant women | offence against vulnerable person |
| 14 | Crimes Act, s 74 | prohibition of female genital mutilation | offence against vulnerable person |
| 15 | Crimes Act, s 75 | remove child from ACT for genital mutilation | |
| Sexual assault and related offences | |||
| 16 | Crimes Act, s 51 | sexual assault in first degree | offence against vulnerable person |
| 17 | Crimes Act, s 52 | sexual assault in second degree | offence against vulnerable person |
| 18 | Crimes Act, s 53 | sexual assault in third degree | offence against vulnerable person |
| 19 | Crimes Act, s 54 | sexual intercourse without consent | offence against vulnerable person |
| 20 | Crimes Act, s 55 (1) | sexual intercourse with young person (under 10 years old) | |
| 21 | Crimes Act, s 55 (2) | sexual intercourse with young person (under 16 years old) | offence against child under 13 years old |
| 22 | Crimes Act, s 55A | sexual intercourse with young person under special care | |
| 23 | Crimes Act, s 56 | maintain sexual relationship with young person or person under special care | |
| 24 | Crimes Act, s 57 | act of indecency in first degree | offence against vulnerable person |
| 25 | Crimes Act, s 58 | act of indecency in second degree | offence against vulnerable person |
| 26 | Crimes Act, s 59 | act of indecency in third degree | offence against vulnerable person |
| 27 | Crimes Act, s 60 | act of indecency without consent | offence against vulnerable person |
| 28 | Crimes Act, s 61 (1) | act of indecency without consent (child under 10 years old) | |
| 29 | Crimes Act, s 61 (2) | act of indecency without consent (child under 16 years ) | offence against child under 13 years |
| 30 | Crimes Act, s 61A | act of indecency with young person under special care | |
| 31 | Crimes Act, s 62 (1) | incest (under 10 years) | |
| 32 | Crimes Act, s 62 (2) | incest (under 16 years) | offence against child under 13 years |
| 33 | Crimes Act, s 64 (1) | use etc child under 12 years for production of child exploitation material | |
| 34 | Crimes Act, s 64 (3) | use etc child 12 years or older for production of child exploitation material | |
| 35 | Crimes Act, s 64A | trade in child exploitation material | |
| 36 | Crimes Act, s 65 | possess child exploitation material | |
| 37 | Crimes Act, s 66 (1) (a) | grooming—encourage young person to commit etc act of sexual nature | |
| 38 | Crimes Act, s 66 (1) (b) | grooming—engage in conduct with intention of encouraging young person to commit etc act of sexual nature | |
| 39 | Crimes Act, s 66 (1) (c) | grooming—engage in conduct with person who has relationship with young person with intention of encouraging young person to commit etc act of sexual nature | |
| 40 | Crimes Act, s 72D | distribute intimate image of young person | |
| 41 | Crimes Act, s 79 (1) | sexual servitude—cause person to enter or remain in | offence against vulnerable person |
| 42 | Crimes Act, s 79 (2) | sexual servitude—conduct business involving | offence against vulnerable person |
| 43 | Crimes Act, s 80 | deceptive recruiting for sexual services | offence against vulnerable person |
| 44 | Sex Work Act, s 20 | cause child to provide commercial sexual services etc | |
| Abduction, harassment and related offences | |||
| 45 | Crimes Act, s 37 | abduction of young person | offence against child other than family member |
| 46 | Crimes Act, s 38 | kidnapping | offence against child other than family member |
| 47 | Crimes Act, s 40 | unlawfully take child etc | offence against child other than family member |
| 48 | Crimes Act, s 63 | abduction | offence against vulnerable person |
| Public order offences | |||
| 49 | Crimes Act, s 63A | bestiality | |
Part 3.3Class B disqualifying offences
| column 1 item | column 2 offence | column 3 short description | column 4 condition |
| Homicide and related offences | |||
| 1 | Crimes Act, s 15 | manslaughter | |
| 2 | Crimes Act, s 17 | suicide—aiding etc | |
| 3 | Crimes Act, s 42 | child destruction | |
| 4 | Crimes Act, s 48A (1) (a) | culpable driving of motor vehicle—cause death | without intent to cause death |
| 5 | Crimes Act, s 48A (1) (g) | aggravated offences—offences against pregnant women | without intent to cause death |
| Acts intended to cause injury | |||
| 6 | Crimes Act, s 19 | intentionally inflict grievous bodily harm | offence other than against vulnerable person |
| 7 | Crimes Act, s 20 | recklessly inflict grievous bodily harm | offence other than against vulnerable person |
| 8 | Crimes Act, s 21 | wounding | offence other than against vulnerable person |
| 9 | Crimes Act, s 22 | assault with intent to commit other offence | offence other than against vulnerable person |
| 10 | Crimes Act, s 25 | cause grievous bodily harm | offence other than against vulnerable person |
| 11 | Crimes Act, s 27 (3) (a) | acts endangering life etc—chokes, suffocates or strangles | offence other than against vulnerable person |
| 12 | Crimes Act, s 36 | torture | offence other than against vulnerable person |
| 13 | Crimes Act, s 48A (1) (b) to (f) | aggravated offences—offences against pregnant women | offence other than against vulnerable person |
| Sexual assault and related offences | |||
| 14 | Crimes Act, s 51 | sexual assault in first degree | offence other than against vulnerable person |
| 15 | Crimes Act, s 52 | sexual assault in second degree | offence other than against vulnerable person |
| 16 | Crimes Act, s 53 | sexual assault in third degree | offence other than against vulnerable person |
| 17 | Crimes Act, s 54 | sexual intercourse without consent | offence other than against vulnerable person |
| 18 | Crimes Act, s 57 | act of indecency in first degree | offence other than against vulnerable person |
| 19 | Crimes Act, s 58 | act of indecency in second degree | offence other than against vulnerable person |
| 20 | Crimes Act, s 59 | act of indecency in third degree | offence other than against vulnerable person |
| 21 | Crimes Act, s 60 | act of indecency without consent | offence other than against vulnerable person |
| 22 | Crimes Act, s 61B | intimate observations or capturing visual data etc | offence other than against vulnerable person |
| 23 | Crimes Act, s 62 (2) | incest (under 16 years) | offence against child 13 years or older |
| 24 | Crimes Act, s 62 (3) | incest (16 years or older) | offence other than against vulnerable person |
| 25 | Crimes Act, s 72C | non-consensual distribution of intimate images | offence against vulnerable person |
| 26 | Crimes Act, s 79 (1) | sexual servitude—cause person to enter or remain in | offence other than against vulnerable person |
| 27 | Crimes Act, s 79 (2) | sexual servitude—conduct business involving | offence other than against vulnerable person |
| 28 | Crimes Act, s 80 | deceptive recruiting for sexual services | offence other than against vulnerable person |
| Dangerous or negligent acts endangering others | |||
| 29 | Crimes Act, s 39 | neglect etc of children | |
| 30 | Crimes Act, s 41 | expose or abandon child | |
| Abduction, harassment and related offences | |||
| 31 | Crimes Act, s 38 | kidnapping | offence against child family member or person other than a vulnerable person |
| 32 | Crimes Act, s 63 | abduction | offence against child family member or person other than a vulnerable person |
| Robbery, extortion and related offences | |||
| 33 | Criminal Code, s 310 | aggravated robbery | |
| Fraud, deception and related offences | |||
| 34 | Criminal Code, s 326 | obtain property by deception | offence against vulnerable person |
| 35 | Criminal Code, s 332 | obtain financial advantage by deception | offence against vulnerable person |
| 36 | Criminal Code, s 333 | general dishonesty | |
| 37 | Criminal Code, s 334 | conspiracy to defraud | offence against vulnerable person |
| 38 | Criminal Code, s 336 | pass valueless cheques | offence against vulnerable person |
| 39 | Criminal Code, s 336A | make false statements on oath or in statutory declarations | |
| 40 | Criminal Code, s 337 | make false or misleading statements | |
| 41 | Criminal Code, s 338 | give false or misleading information | offence against vulnerable person |
| 42 | Criminal Code, s 339 | produce false or misleading documents | offence against vulnerable person |
| 43 | Criminal Code, s 346 | forgery | offence against vulnerable person |
| 44 | Criminal Code, s 347 | use false document | offence against vulnerable person |
| 45 | Criminal Code, s 348 | possess false document | offence against vulnerable person |
| 46 | Criminal Code, s 351 | false statement by officer of body | |
| Illicit drug offences | |||
| 47 | Criminal Code, s 603 (1) | traffic controlled drug—large commercial quantity | |
| 48 | Criminal Code, s 603 (3) | traffic controlled drug—commercial quantity | |
| 49 | Criminal Code, s 603 (5) | traffic controlled drug—trafficable quantity of cannabis | |
| 50 | Criminal Code, s 603 (7) | traffic controlled drug—controlled drug other than cannabis | |
| 51 | Criminal Code, s 603 (8) | traffic controlled drug—cannabis | |
| 52 | Criminal Code, s 610 | sell controlled precursor for manufacture of controlled drug | |
| 53 | Criminal Code, s 619 (1) | sell controlled plant—large commercial quantity | |
| 54 | Criminal Code, s 619 (3) | sell controlled plant—commercial quantity | |
| 55 | Criminal Code, s 619 (5) | sell controlled plant—trafficable quantity of cannabis plant | |
| 56 | Criminal Code, s 619 (7) | sell controlled plant—controlled plant other than cannabis plant | |
| 57 | Criminal Code, s 619 (8) | sell controlled plant—cannabis plant | |
| 58 | Criminal Code, s 622 (1) | supply controlled drug to child for selling—commercial quantity | |
| 59 | Criminal Code, s 622 (3) | supply controlled drug to child for selling | |
| 60 | Criminal Code, s 624 (1) | procure child to traffic in controlled drug—commercial quantity | |
| 61 | Criminal Code, s 624 (4) | procure child to traffic in controlled drug | |
| 62 | Criminal Code, s 625 | supply controlled drug to child | |
| Public order offences | |||
| 63 | Animal Welfare Act, s 7A | aggravated cruelty | |
Dictionary, note 2
insert
· director-general (see s 163)
· foreign country
· registrar-general
· road transport authority
· work safety commissioner
Dictionary, new definitions
insert
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 26A.
class B disqualifying offence—see section 26A.
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.
disqualifying offence—see section 26A.
interim bar—see section 15A.
interim condition—see section 54A.
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.
registered NDIS provider—see the NDIS Act, section 9 (Definitions).
Sex Work Act, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
Dictionary, definition of registration card
omit
Schedule 1Consequential amendments
(see s 3)
Part 1.1Magistrates Court (Working with Vulnerable People Infringement Notices) Regulation 2012
[1.1]Schedule 1, new item 4A
insert
| 4A | 33 (3A) | 50 | 500 |
[1.2]Schedule 1, items 6 and 7
substitute
| 6 | 53 (3A) | 50 | 500 |
[1.3]Schedule 1, item 10
omit
Part 1.2Road Transport (Driver Licensing) Regulation 2000
[1.4]Section 138B (1) (b) (iii)
omit
Part 1.3Working with Vulnerable People (Background Checking) Regulation 2012
[1.5]Dictionary, note 3
omit
· registration card (see s 49 (1))
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 4 April 2019.
Notification
Notified under the Legislation Act on 23 May 2019.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Working with Vulnerable People (Background Checking) Amendment Bill 2019, which was passed by the Legislative Assembly on 16 May 2019.
Clerk of the Legislative Assembly
© Australian Capital Territory 2019
0
0
0