Working with Vulnerable People (Background Checking) Amendment Act 2020 (ACT)
Working with Vulnerable People (Background Checking) Amendment Act 2020
A2020-29
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 New section 6A 2
5 When is a person engaged in a regulated activity?Section 9 (b) (ii), example 11 3
6 What is contact with a vulnerable person?Section 10, definition of contact, paragraph (c) (i), examples and note 3
7 New sections 11A and 11B 3
8 When is a person required to be registered?Section 12 (1) 4
9 Section 12 (4), definition of close relative, paragraph (b) and note 5
10 Offences—person engage in regulated activity for which person not registeredSection 13 (1), note 1 5
11 Section 13 (5), note 2 5
12 Offences—employer engage person in regulated activity for which person not registeredSection 14 (1), note 1 5
13 Section 14 (5), note 2 5
14 Section 15A heading 6
15 Section 15A (1) and note 6
16 When unregistered person may be engaged in regulated activity—kinship carerSection 16 (1) 6
17 Section 16 (3), definition of kinship carer 6
18 Application for registrationSection 17 (1) and note 7
19 Section 17 (4), note 7
20 Section 21 heading 7
21 Section 21 (1) (c) and (2) (c) 7
22 Restriction on reapplying for registrationSection 22 (2A) 8
23 Sections 24 to 26A 8
24 Risk assessment guidelines—contentSection 28 (2) (a), note 9
25 Section 28 (2) (b), note 9
26 Section 29 10
27 Risk assessment guidelines—non-conviction informationSection 30 11
28 New section 30 (2) 11
29 Risk assessmentsNew section 32 (3) 12
30 Independent advisors—appointmentSection 34 (1), note 1 12
31 Proposed negative noticesSection 37 (4) 12
32 Negative noticesNew section 40 (1) (aa) 13
33 Section 40 (2) (a), notes 13
34 Section 40 (3) and note 13
35 Section 40 (4), new note 13
36 New section 40 (5) 13
37 RegistrationSection 41 (2) 14
38 Conditional registrationSection 42 (2) to (4) 15
39 New sections 42A to 42C 15
40 Proposed conditional registrationSection 43 (1) 17
41 Section 43 (3) 17
42 Notice of conditional registrationSection 46 (2) 17
43 Interim conditional registrationSection 54A (6) 18
44 Section 55 heading 18
45 Section 55 (1) (b) and (2) (b) 18
46 Section 56 heading 19
47 New section 56A 19
48 Notice of proposed suspension or cancellation of registrationSection 58 (1), except note 20
49 Suspension or cancellation of registrationSection 59 (3) 20
50 Commissioner may give information to employersSection 63C (2) 20
51 Section 63C (as amended) 20
52 New part 9 21
53 Reviewable decisionsSchedule 2, item 1A 22
54 Schedule 2, item 3 23
55 Schedule 3 23
56 Dictionary, new definition of adult conviction or finding of guilt 39
57 Dictionary, definitions of class A disqualifying offence etc 39
58 Dictionary, new definition of Drugs of Dependence Act 39
59 Dictionary, definition of interim bar 39
60 Dictionary, new definitions 40
61 Dictionary, definition of relevant offence 40
62 Dictionary, new definition of Road Transport (Safety and Traffic Management) Act 40
63 Dictionary, definition of role-based registration 40
64 Dictionary, new definition of young adult relationship 40
Schedule 1 Consequential amendments 41
Part 1.1 ACT Teacher Quality Institute Act 2010 41
Part 1.2 Children and Young People Act 2008 44
Part 1.3 Magistrates Court (Working with Vulnerable People Infringement Notices) Regulation 2012 46
Part 1.4 Mental Health (Secure Facilities) Act 2016 46
Part 1.5 Working with Vulnerable People (Background Checking) Regulation 2012 47
Working with Vulnerable People (Background Checking) Amendment Act 2020
A2020-29
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 2020.
Commencement
This Act commences on the later of—
(a)the commencement of the Working with Vulnerable People (Background Checking) Amendment Act 2019, section 3; and
(b)the day after this Act’s notification day.
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).
New section 6A
in part 1, insert
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.
When is a person engaged in a regulated activity?
Section 9 (b) (ii), example 11omit
What is contact with a vulnerable person?
Section 10, definition of contact, paragraph (c) (i), examples and noteomit
New sections 11A and 11B
in part 2, insert
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
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—
(a)any condition mentioned in column 4 for the offence is met; and
(b)the person who committed the offence is not engaged, or seeking registration to engage, only in a kinship care activity.
class B disqualifying offence—
(a)means an offence against 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; and
(b)for a person engaged, or seeking registration to engage, only in a kinship care activity—includes an offence mentioned in schedule 3, part 3.2, column 2, if any condition mentioned in column 4 for the offence is met.
disqualifying offence means a class A disqualifying offence or a class B disqualifying offence.
When is a person required to be registered?
Section 12 (1)substitute
(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.
Section 12 (4), definition of close relative, paragraph (b) and note
substitute
(b)does not include a kinship carer of the vulnerable person.
Offences—person engage in regulated activity for which person not registered
Section 13 (1), note 1substitute
Note 1A person with conditional registration might not be allowed to engage in all regulated activities (see s 42 and s 54A).
Section 13 (5), note 2
substitute
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
Section 14 (1), note 1substitute
Note 1A person with conditional registration might not be allowed to engage in all regulated activities (see s 42 and s 54A).
Section 14 (5), note 2
substitute
Note 2The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).
Section 15A heading
substitute
15AInterim bar—supervised employment
Section 15A (1) and note
substitute
(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).
When unregistered person may be engaged in regulated activity—kinship carer
Section 16 (1)substitute
(1)This section applies to an unregistered person if the person—
(a)is engaged in a kinship care activity; and
(b)is required to be registered to engage in the activity.
Section 16 (3), definition of kinship carer
omit
Application for registration
Section 17 (1) and notesubstitute
(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.
(1A)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).
Section 17 (4), note
omit
Section 21 heading
substitute
Offences—applicant fail to disclose charge, conviction or finding of guilt for relevant offence
Section 21 (1) (c) and (2) (c)
omit
a disqualifying offence or
Restriction on reapplying for registration
Section 22 (2A)substitute
(2A)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 (1A); 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) (aa) 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.
Sections 24 to 26A
substitute
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).
Risk assessment guidelines—content
Section 28 (2) (a), notesubstitute
NoteThe risk assessment guidelines must provide for certain matters in relation to relevant offences in the person’s criminal history (see s 29).
Section 28 (2) (b), note
substitute
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).
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 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 (1A)).
Risk assessment guidelines—non-conviction information
Section 30omit everything before paragraph (a), substitute
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:
New section 30 (2)
insert
(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 assessments
New section 32 (3)insert
(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 (1A) to be registered to engage in the activity.
NoteUnder s 17 (1A), 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.
Independent advisors—appointment
Section 34 (1), note 1omit
Proposed negative notices
Section 37 (4)omit
must not tell
substitute
must not, without the person’s consent, tell
Negative notices
New section 40 (1) (aa)before section 40 (1) (a), insert
(aa)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 (1A) to be registered to engage in the activity; or
NoteUnder s 17 (1A), 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.
Section 40 (2) (a), notes
omit
Section 40 (3) and note
omit
Section 40 (4), new note
insert
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.
New section 40 (5)
insert
(5)For subsection (2) (b) and subsection (4), 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.
Registration
Section 41 (2)substitute
(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.
(2A)For subsection (2) (c), the commissioner must not, without the person’s consent, tell the named employer the reasons for the condition.
Conditional registration
Section 42 (2) to (4)omit
New sections 42A to 42C
insert
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 treated as if it were a class B disqualifying offence (see s 11B).
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
Section 43 (1)after
register a person conditionally
insert
(other than under section 42A)
Section 43 (3)
omit
must not tell
substitute
must not, without the person’s consent, tell
Notice of conditional registration
Section 46 (2)substitute
(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.
(2A)For subsection (2) (c), the commissioner must not, without the person’s consent, tell the named employer the reasons for the condition.
Interim conditional registration
Section 54A (6)substitute
(6)For subsection (5) (b), the commissioner must not, without the person’s consent, tell the person’s employer the reasons for the interim condition.
Section 55 heading
substitute
Offences—registered person fail to disclose charge, conviction or finding of guilt for relevant offence
Section 55 (1) (b) and (2) (b)
omit
a disqualifying offence or
Section 56 heading
substitute
Offence—fail to notify change of name
New section 56A
in division 6.4, insert
56AAutomatic cancellation—class A disqualifying offence
(1)A person’s registration is automatically cancelled if—
(a)the person is registered to engage in—
(i)a regulated activity involving children; or
(ii)an NDIS activity; and
(b)the person is not eligible, or stops being eligible, under section 17 (1A) to be registered to engage in the activity.
NoteUnder s 17 (1A), 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.
(2)As soon as the commissioner becomes aware of the person’s ineligibility, the commissioner must—
(a)tell the person, in writing, that their registration is cancelled; and
(b)tell the person’s employer, in writing, that the person’s registration is cancelled.
NoteA registered person must tell the commissioner if they are charged with, or convicted or found guilty of, a disqualifying offence (see s 55).
(3)For subsection (2) (b), the commissioner must not, without the person’s consent, tell the person’s employer the ground for suspension or cancellation.
Notice of proposed suspension or cancellation of registration
Section 58 (1), except notesubstitute
(1)If the commissioner intends to suspend or cancel a person’s registration under section 57, the commissioner must give the person written notice of the intention.
Suspension or cancellation of registration
Section 59 (3)substitute
(3)For subsection (2) (b), the commissioner must not, without the person’s consent, tell the person’s employer the ground for suspension or cancellation.
Commissioner may give information to employers
Section 63C (2)substitute
(2)For subsection (1) (c) (iii), the commissioner—
(a)need not tell the employer what the person’s condition is; and
(b)must not, without the person’s consent, tell the employer the reason for the condition.
Section 63C (as amended)
relocate to part 7A
New part 9
insert
Part 9Transitional—Working with Vulnerable People (Background Checking) Amendment Act 2020
Meaning of commencement day—pt 9
In this part:
commencement day means the day the Working with Vulnerable People (Background Checking) Amendment Act 2020, section 3 commences.
Foster carers
(1)This section applies if, immediately before the commencement day, a person—
(a)is registered under this Act; and
(b)is engaged in a foster care activity in relation to a child; and
(c)has an adult conviction or finding of guilt for a class A disqualifying offence.
(2)On the commencement day—
(a)the person’s class A disqualifying offence is taken to be a class B disqualifying offence, in relation to the person’s registration to engage in the foster care activity in relation to the child; and
(b)the person’s registration is automatically subject to the condition that the person must not engage in—
(i)a regulated activity involving children, other than the foster care activity in relation to the child; or
(ii)an NDIS activity.
(3)Despite paragraph (2) (a), the commissioner need not carry out a risk assessment of the person in relation to the disqualifying offence until the person applies for renewal of the registration.
(4)In this section:
foster care activity means a regulated activity under the Children and Young People Act 2008, part 15.4 (Out‑of‑home carers) as a foster carer.
NoteAn activity conducted, or a service provided, by a foster carer under the Children and Young People Act 2008 is a regulated activity (see sch 1, s 1.1).
Expiry—pt 9
This part expires 5 years after the commencement day.
NoteTransitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Reviewable decisions
Schedule 2, item 1Asubstitute
| 1A | 15A (1) | impose interim bar on unregistered person | person |
Schedule 2, item 3
substitute
| 3 | 40 (1) (a) | refuse to register person—unacceptable risk | person |
| 3A | 40 (1) (b) | refuse to register person—no request for reconsideration | person |
Schedule 3
substitute
Schedule 3Disqualifying offences
(see s 11B)
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.
Drugs of Dependence Act means the Drugs of Dependence Act 1989.
Road Transport (Safety and Traffic Management) Act means the Road Transport (Safety and Traffic Management) Act 1999.
Sex Work Act means the Sex Work Act 1992.
young adult relationship—an offence is within a young adult relationship if—
(a)the offence is committed against a child aged 14 or 15 years; and
(b)the offender is less than 5 years older than the child; and
(c)the commission of the offence does not involve violence or coercion.
Part 3.2Class A disqualifying offences
NoteAn offence mentioned in this part is a class B disqualifying offence for a person engaged, or seeking registration to engage, in a kinship care activity (see s 11B).
| 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 (1) (g), for offence against s 29 (2) | aggravated offence against pregnant woman—culpable driving of motor vehicle | 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 23 | inflict actual bodily harm | offence against vulnerable person |
| 10 | Crimes Act, s 24 | assault occasioning actual bodily harm | offence against vulnerable person |
| 11 | Crimes Act, s 25 | cause grievous bodily harm | offence against vulnerable person |
| 12 | Crimes Act, s 27 (3) (a) | acts endangering life—chokes, suffocates or strangles | offence against vulnerable person |
| 13 | Crimes Act, s 27 (3) (b) | acts endangering life—administer stupefying or overpowering drug | offence against vulnerable person |
| 14 | Crimes Act, s 27 (3) (c) | acts endangering life—use offensive weapon | offence against vulnerable person |
| 15 | Crimes Act, s 27 (3) (e) | acts endangering life—cause explosion etc | offence against vulnerable person |
| 16 | Crimes Act, s 27 (3) (f) | acts endangering life—set trap | offence against vulnerable person |
| 17 | Crimes Act, s 27 (3) (g) | acts endangering life—interfere with conveyance, transport facility or public utility service | offence against vulnerable person |
| 18 | Crimes Act, s 36 | torture | offence against vulnerable person |
| 19 | Crimes Act, s 43 | childbirth—grievous bodily harm with intent | offence against vulnerable person |
| 20 | Crimes Act, s 48A (1) (b) | aggravated offence against pregnant woman—intentionally inflict grievous bodily harm | offence against vulnerable person |
| 21 | Crimes Act, s 48A (1) (c) | aggravated offence against pregnant woman—recklessly inflict grievous bodily harm | offence against vulnerable person |
| 22 | Crimes Act, s 48A (1) (d) | aggravated offence against pregnant woman—wounding | offence against vulnerable person |
| 23 | Crimes Act, s 48A (1) (e) | aggravated offence against pregnant woman—inflict actual bodily harm | offence against vulnerable person |
| 24 | Crimes Act, s 74 | prohibition of female genital mutilation | offence against vulnerable person |
| 25 | Crimes Act, s 75 | remove child from ACT for genital mutilation | |
| Sexual assault and related offences | |||
| 26 | Crimes Act, s 51 | sexual assault in first degree | offence against vulnerable person |
| 27 | Crimes Act, s 52 | sexual assault in second degree | offence against vulnerable person |
| 28 | Crimes Act, s 53 | sexual assault in third degree | offence against vulnerable person |
| 29 | Crimes Act, s 54 | sexual intercourse without consent | offence against vulnerable person |
| 30 | Crimes Act, s 55 (1) | sexual intercourse with young person (under 10 years old) | |
| 31 | Crimes Act, s 55 (2) | sexual intercourse with young person (under 16 years old) | offence other than within young adult relationship |
| 32 | Crimes Act, s 55A | sexual intercourse with young person under special care | |
| 33 | Crimes Act, s 56 | maintain sexual relationship with young person or person under special care | |
| 34 | Crimes Act, s 57 | act of indecency in first degree | offence against vulnerable person |
| 35 | Crimes Act, s 58 | act of indecency in second degree | offence against vulnerable person |
| 36 | Crimes Act, s 59 | act of indecency in third degree | offence against vulnerable person |
| 37 | Crimes Act, s 60 | act of indecency without consent | offence against vulnerable person |
| 38 | Crimes Act, s 61 (1) | act of indecency without consent (child under 10 years old) | |
| 39 | Crimes Act, s 61 (2) | act of indecency without consent (child under 16 years) | offence other than within young adult relationship |
| 40 | Crimes Act, s 61A | act of indecency with young person under special care | |
| 41 | Crimes Act, s 62 (1) | incest (under 10 years) | |
| 42 | Crimes Act, s 62 (2) | incest (under 16 years) | offence against child under 13 years |
| 43 | Crimes Act, s 64 (1) | use etc child under 12 years for production of child exploitation material | |
| 44 | Crimes Act, s 64 (3) | use etc child 12 years or older for production of child exploitation material | |
| 45 | Crimes Act, s 64A | trade in child exploitation material | |
| 46 | Crimes Act, s 65 | possess child exploitation material | |
| 47 | Crimes Act, s 66 (1) (a) | grooming—encourage young person to commit etc act of sexual nature | |
| 48 | Crimes Act, s 66 (1) (b) | grooming—engage in conduct with intention of encouraging young person to commit etc act of sexual nature | |
| 49 | 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 | |
| 50 | Crimes Act, s 79 (1) | sexual servitude—cause person to enter or remain in | offence against vulnerable person |
| 51 | Crimes Act, s 79 (2) | sexual servitude—conduct business involving | offence against vulnerable person |
| 52 | Crimes Act, s 80 | deceptive recruiting for sexual services | offence against vulnerable person |
| 53 | Sex Work Act, s 20 | cause child to provide commercial sexual services etc | |
| Abduction, harassment and related offences | |||
| 54 | Crimes Act, s 37 | abduction of young person | offence against child other than family member |
| 55 | Crimes Act, s 38 | kidnapping | offence against child other than family member |
| 56 | Crimes Act, s 40 | unlawfully take child etc | offence against child other than family member |
| 57 | Crimes Act, s 63 | abduction | offence against vulnerable person |
| Public order offences | |||
| 58 | 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 | Road Transport (Safety and Traffic Management) Act, s 6 (1) | drive motor vehicle negligently | causes death |
| 3 | Crimes Act, s 17 (1) | suicide—aids or abets | |
| 4 | Crimes Act, s 17 (2) | suicide—incites or counsels | |
| 5 | Crimes Act, s 29 (2) | culpable driving of motor vehicle—cause death | without intent to cause death |
| 6 | Crimes Act, s 42 | child destruction | |
| 7 | Crimes Act, s 48A (1) (a) | aggravated offence against pregnant woman—manslaughter | |
| 8 | Crimes Act, s 48A (1) (g), for offence against s 29 (2) | aggravated offence against pregnant woman—culpable driving of motor vehicle | without intent to cause death |
| Acts intended to cause injury | |||
| 9 | Crimes Act, s 19 | intentionally inflict grievous bodily harm | offence other than against vulnerable person |
| 10 | Crimes Act, s 20 | recklessly inflict grievous bodily harm | offence other than against vulnerable person |
| 11 | Crimes Act, s 21 | wounding | offence other than against vulnerable person |
| 12 | Crimes Act, s 22 | assault with intent to commit other offence | offence other than against vulnerable person |
| 13 | Crimes Act, s 23 | inflict actual bodily harm | offence other than against vulnerable person |
| 14 | Crimes Act, s 24 | assault occasioning actual bodily harm | offence other than against vulnerable person |
| 15 | Crimes Act, s 25 | cause grievous bodily harm | offence other than against vulnerable person |
| 16 | Crimes Act, s 27 (3) (a) | acts endangering life—chokes, suffocates or strangles | offence other than against vulnerable person |
| 17 | Crimes Act, s 27 (3) (b) | acts endangering life—administer stupefying or overpowering drug | offence other than against vulnerable person |
| 18 | Crimes Act, s 27 (3) (c) | acts endangering life—use offensive weapon | offence other than against vulnerable person |
| 19 | Crimes Act, s 27 (3) (e) | acts endangering life—cause explosion etc | offence other than against vulnerable person |
| 20 | Crimes Act, s 27 (3) (f) | acts endangering life—set trap | offence other than against vulnerable person |
| 21 | Crimes Act, s 27 (3) (g) | acts endangering life—interfere with conveyance, transport facility or public utility service | offence other than against vulnerable person |
| 22 | Crimes Act, s 36 | torture | offence other than against vulnerable person |
| 23 | Crimes Act, s 48A (1) (b) | aggravated offence against pregnant woman—intentionally inflict grievous bodily harm | offence other than against vulnerable person |
| 24 | Crimes Act, s 48A (1) (c) | aggravated offence against pregnant woman—recklessly inflict grievous bodily harm | offence other than against vulnerable person |
| 25 | Crimes Act, s 48A (1) (d) | aggravated offence against pregnant woman—wounding | offence other than against vulnerable person |
| 26 | Crimes Act, s 48A (1) (e) | aggravated offence against pregnant woman—inflict actual bodily harm | offence other than against vulnerable person |
| 27 | Crimes Act, s 48A (1) (f) | aggravated offence against pregnant woman—assault occasioning actual bodily harm | offence other than against vulnerable person |
| 28 | Crimes Act, s 74 | prohibition of female genital mutilation | offence other than against vulnerable person |
| Sexual assault and related offences | |||
| 29 | Crimes Act, s 51 | sexual assault in first degree | offence other than against vulnerable person |
| 30 | Crimes Act, s 52 | sexual assault in second degree | offence other than against vulnerable person |
| 31 | Crimes Act, s 53 | sexual assault in third degree | offence other than against vulnerable person |
| 32 | Crimes Act, s 54 | sexual intercourse without consent | offence other than against vulnerable person |
| 33 | Crimes Act, s 55 (2) | sexual intercourse with young person (under 16 years old) | offence within young adult relationship |
| 34 | Crimes Act, s 57 | act of indecency in first degree | offence other than against vulnerable person |
| 35 | Crimes Act, s 58 | act of indecency in second degree | offence other than against vulnerable person |
| 36 | Crimes Act, s 59 | act of indecency in third degree | offence other than against vulnerable person |
| 37 | Crimes Act, s 60 | act of indecency without consent | offence other than against vulnerable person |
| 38 | Crimes Act, s 61 (2) | act of indecency without consent (child under 16 years) | offence within young adult relationship |
| 39 | Crimes Act, s 61B (1) | observe with device or capture visual data—other person | offence against vulnerable person |
| 40 | Crimes Act, s 61B (5) | observe with device or capture visual data—other person’s genital/ anal region or breasts | offence against vulnerable person |
| 41 | Crimes Act, s 62 (2) | incest (under 16 years) | offence against child 13 years or older |
| 42 | Crimes Act, s 62 (3) | incest (16 years or older) | offence other than against vulnerable person |
| 43 | Crimes Act, s 72C | non-consensual distribution of intimate images | offence against vulnerable person |
| 44 | Crimes Act, s 72D | distribute intimate image of young person | |
| 45 | Crimes Act, s 79 (1) | sexual servitude—cause person to enter or remain in | offence other than against vulnerable person |
| 46 | Crimes Act, s 79 (2) | sexual servitude—conduct business involving | offence other than against vulnerable person |
| 47 | Crimes Act, s 80 | deceptive recruiting for sexual services | offence other than against vulnerable person |
| Dangerous or negligent acts endangering others | |||
| 48 | Crimes Act, s 39 | neglect etc of children | |
| 49 | Crimes Act, s 41 | expose or abandon child | |
| Abduction, harassment and related offences | |||
| 50 | Crimes Act, s 38 | kidnapping | offence against child family member or person other than a vulnerable person |
| 51 | Crimes Act, s 63 | abduction | offence against child family member or person other than a vulnerable person |
| Fraud, deception and related offences | |||
| 52 | Criminal Code, s 326 | obtain property by deception | offence against vulnerable person |
| 53 | Criminal Code, s 332 | obtain financial advantage by deception | offence against vulnerable person |
| 54 | Criminal Code, s 333 | general dishonesty | |
| 55 | Criminal Code, s 334 | conspiracy to defraud | offence against vulnerable person |
| 56 | Criminal Code, s 336 | pass valueless cheques | offence against vulnerable person |
| 57 | Criminal Code, s 336A | make false statements on oath or in statutory declarations | |
| 58 | Criminal Code, s 337 | make false or misleading statements | |
| 59 | Criminal Code, s 338 | give false or misleading information | offence against vulnerable person |
| 60 | Criminal Code, s 339 | produce false or misleading documents | offence against vulnerable person |
| 61 | Criminal Code, s 346 | forgery | offence against vulnerable person |
| 62 | Criminal Code, s 347 | use false document | offence against vulnerable person |
| 63 | Criminal Code, s 348 | possess false document | offence against vulnerable person |
| 64 | Criminal Code, s 351 | false statement by officer of body | |
| Illicit drug offences | |||
| 65 | Criminal Code, s 603 (1) | traffic controlled drug—large commercial quantity | |
| 66 | Criminal Code, s 603 (3) | traffic controlled drug—commercial quantity | |
| 67 | Criminal Code, s 603 (5) | traffic controlled drug—trafficable quantity of cannabis | |
| 68 | Criminal Code, s 603 (7) | traffic controlled drug—controlled drug other than cannabis | |
| 69 | Criminal Code, s 603 (8) | traffic controlled drug—cannabis | |
| 70 | Criminal Code, s 607 (1) | manufacture controlled drug to sell—large commercial quantity | |
| 71 | Criminal Code, s 607 (3) | manufacture controlled drug to sell—commercial quantity | |
| 72 | Criminal Code, s 607 (5) | manufacture controlled drug to sell | |
| 73 | Criminal Code, s 609 | manufacture controlled drug | |
| 74 | Criminal Code, s 610 (1) | sell controlled precursor—large commercial quantity | |
| 75 | Criminal Code, s 610 (3) | sell controlled precursor—commercial quantity | |
| 76 | Criminal Code, s 610 (5) | sell controlled precursor for manufacture | |
| 77 | Criminal Code, s 611 (1) | manufacture controlled precursor—large commercial quantity | |
| 78 | Criminal Code, s 611 (3) | manufacture controlled precursor to sell—large commercial quantity | |
| 79 | Criminal Code, s 611 (5) | manufacture controlled precursor—commercial quantity | |
| 80 | Criminal Code, s 611 (7) | manufacture controlled precursor to sell—commercial quantity | |
| 81 | Criminal Code, s 611 (9) | manufacture controlled precursor | |
| 82 | Criminal Code, s 611 (10) | manufacture controlled precursor to sell | |
| 83 | Criminal Code, s 612 (1) | possess controlled precursor—large commercial quantity | |
| 84 | Criminal Code, s 612 (3) | possess controlled precursor—commercial quantity | |
| 85 | Criminal Code, s 612 (5) | possess controlled precursor | |
| 86 | Criminal Code, s 613 (1) | supply substance, equipment or document for drug manufacture | |
| 87 | Criminal Code, s 613 (2) | possess substance, equipment or document to supply for drug manufacture | |
| 88 | Criminal Code, s 614 | possess substance, equipment or document for drug manufacture | |
| 89 | Criminal Code, s 616 (1) | cultivate controlled plant to sell—large commercial quantity | |
| 90 | Criminal Code, s 616 (3) | cultivate controlled plant to sell—commercial quantity | |
| 91 | Criminal Code, s 616 (5) | cultivate controlled plant to sell—trafficable quantity | |
| 92 | Criminal Code, s 616 (7) | cultivate other controlled plant to sell | |
| 93 | Criminal Code, s 616 (8) | cultivate cannabis plant to sell | |
| 94 | Criminal Code, s 618 (1) | cultivate controlled plant other than cannabis plant | |
| 95 | Criminal Code, s 619 (1) | sell controlled plant—large commercial quantity | |
| 96 | Criminal Code, s 619 (3) | sell controlled plant—commercial quantity | |
| 97 | Criminal Code, s 619 (5) | sell controlled plant—trafficable quantity of cannabis plant | |
| 98 | Criminal Code, s 619 (7) | sell controlled plant—controlled plant other than cannabis plant | |
| 99 | Criminal Code, s 619 (8) | sell controlled plant—cannabis plant | |
| 100 | Criminal Code, s 620 (1) | supply controlled plant, product, equipment or document—cultivation | |
| 101 | Criminal Code, s 620 (2) | possess controlled plant, product, equipment or document—intent to supply to another | |
| 102 | Criminal Code, s 621 | possess controlled plant, product, equipment or document—cultivation | |
| 103 | Criminal Code, s 622 (1) | supply controlled drug to child for selling—commercial quantity | |
| 104 | Criminal Code, s 622 (3) | supply controlled drug to child for selling | |
| 105 | Criminal Code, s 624 (1) | procure child to traffic in controlled drug—commercial quantity | |
| 106 | Criminal Code, s 624 (4) | procure child to traffic in controlled drug | |
| 107 | Criminal Code, s 625 | supply controlled drug to child | |
| 108 | Drugs of Dependence Act, s 164 (2) | sell or supply drug of dependence | |
| 109 | Drugs of Dependence Act, s 164 (3) | sell or supply prohibited substance | |
| Public order offences | |||
| 110 | Animal Welfare Act, s 7A | aggravated cruelty | |
Dictionary, new definition of adult conviction or finding of guilt
insert
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.
Dictionary, definitions of class A disqualifying offence etc
substitute
class A disqualifying offence—see section 11B.
class B disqualifying offence—see section 11B.
disqualifying offence—see section 11B.
Dictionary, new definition of Drugs of Dependence Act
insert
Drugs of Dependence Act, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
Dictionary, definition of interim bar
omit
Dictionary, new definitions
insert
kinship care activity means a regulated activity under the Children and Young People Act 2008, part 15.4 (Out‑of‑home carers) as a kinship carer.
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).
kinship carer—see the Children and Young People Act 2008, section 516.
Dictionary, definition of relevant offence
substitute
relevant offence—see section 11A.
Dictionary, new definition of Road Transport (Safety and Traffic Management) Act
insert
Road Transport (Safety and Traffic Management) Act, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
Dictionary, definition of role-based registration
substitute
role-based registration—see section 42B.
Dictionary, new definition of young adult relationship
insert
young adult relationship, for schedule 3 (Disqualifying offences)—see schedule 3, section 3.1.
Schedule 1Consequential amendments
(see s 3)
Part 1.1ACT Teacher Quality Institute Act 2010
[1.1]Section 32 (1) (d)
substitute
(d)the person holds working with vulnerable people registration; and
[1.2]Section 33 (1) (c)
substitute
(c)the person holds working with vulnerable people registration; and
[1.3]Section 35 (1) (b)
substitute
(b)the person holds working with vulnerable people registration; and
[1.4]Section 38 (1) (c)
substitute
(c)maintains working with vulnerable people registration; and
[1.5]Section 38 (1) (d) (ii)
substitute
(ii)the teacher’s working with vulnerable people registration—
(A)is made subject to a condition or interim condition; or
(B)is suspended; or
(C)ends.
[1.6]Section 51 (5) (d)
substitute
(d)that the teacher holds working with vulnerable people registration.
[1.7]Section 53 (5) (d)
substitute
(d)that the permit-holder holds working with vulnerable people registration.
[1.8]Section 67 (c)
substitute
(c)the teacher’s working with vulnerable people registration—
(i)is made subject to a condition or interim condition; or
(ii)is suspended; or
(iii)has ended.
[1.9]Section 70G (5) (b) (ii)
substitute
(ii)the pre-service teacher’s working with vulnerable people registration—
(A)is made subject to a condition that the person not engage in a regulated activity involving children; or
(B)is suspended; or
(C)ends.
[1.10]Section 70M (1) (b)
substitute
(b)the pre-service teacher’s working with vulnerable people registration—
(i)is made subject to a condition that the person not engage in a regulated activity involving children; or
(ii)is suspended; or
(iii)ends.
[1.11]Section 70M (2) (b)
substitute
(b)if the provider becomes aware that the pre-service teacher’s working with vulnerable people registration—
(i)is subject to a condition that the person not engage in a regulated activity involving children; or
(ii)is suspended; or
(iii)has ended.
[1.12]Dictionary, definition of working with vulnerable people registration
substitute
working with vulnerable people registration means registration that allows a person to work with children under—
(a)the Working with Vulnerable People (Background Checking) Act 2011; or
(b)for a pre-service teacher—
(i)the Working with Vulnerable People (Background Checking) Act 2011; or
(ii)a law of another jurisdiction that corresponds or substantially corresponds to the Working with Vulnerable People (Background Checking) Act 2011.
Part 1.2Children and Young People Act 2008
[1.13]Section 514B (3) (a)
substitute
(a)the person is registered under the Working with Vulnerable People Act to engage in a regulated activity described in that Act, schedule 1, section 1.1 (Child protection services); or
NoteAn activity conducted or a service provided under this Act for a child or young person is a regulated activity under the Working with Vulnerable People Act, sch 1, s 1.1.
[1.14]Section 514E (1) and (2)
omit
3 years
substitute
5 years
[1.15]Section 856A (1)
omit
Working with Vulnerable People (Background Checking) Act 2011
substitute
Working with Vulnerable People Act
[1.16]Section 856B (1)
omit
Working with Vulnerable People (Background Checking) Act 2011
substitute
Working with Vulnerable People Act
[1.17]Section 875 (2), examples
omit
· Working with Vulnerable People (Background Checking) Act 2011
substitute
· Working with Vulnerable People Act
Part 1.3Magistrates Court (Working with Vulnerable People Infringement Notices) Regulation 2012
[1.18]Schedule 1, new item 9A
insert
| 9A | 55A (1) | 50 | 500 |
Part 1.4Mental Health (Secure Facilities) Act 2016
[1.19]Section 69 (3) (c)
substitute
(c)the person’s registration under the Working with Vulnerable People (Background Checking) Act 2011—
(i)is made subject to a condition that the person not engage in a regulated activity described in that Act, schedule 1, section 1.8 (Mental health); or
(ii)is suspended; or
(iii)ends; or
Part 1.5Working with Vulnerable People (Background Checking) Regulation 2012
[1.20]Section 5 heading
substitute
Role‑based registration—information—Act, s 42B (3)
[1.21]Section 5 (2) (c)
omit
[1.22]Section 5 (2) (g) and (h)
substitute
(g)strategies for communication and support, including training materials for people engaged by the employer to—
(i)help identify risks of harm to vulnerable people; and
(ii)give instructions for how to handle disclosures or suspicions of harm to vulnerable people; and
(iii)outline the employer’s risk management strategy.
[1.23]Section 6 (2) (b)
omit
section 42 (4)
substitute
section 42B (3)
[1.24]Dictionary, note 3
omit
· role-based registration (see s 42 (2))
substitute
· role-based registration (see s 42B (1))
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 21 May 2020.
Notification
Notified under the Legislation Act on 9 July 2020.
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 2020, which was passed by the Legislative Assembly on 2 July 2020.
Acting Clerk of the Legislative Assembly
© Australian Capital Territory 2020
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