Working with Vulnerable People (Background Checking) Act 2011

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 any condition mentioned in column 4 for the offence is met; or

a provision of a law declared to be a class A disqualifying offence, if any condition declared for the offence is met.

class B disqualifying offence means an offence against—

a provision of a law mentioned in schedule 3, part 3.3, column 2, if any condition mentioned in column 4 for the offence is met; or

a provision of a law declared to be a class B disqualifying offence, if any condition declared for the offence is met.

disqualifying offence means a class A disqualifying offence or a class B disqualifying offence.

The Minister may declare—

either of the following to be a class A disqualifying offence or a class B disqualifying offence:

a provision of a law of the Commonwealth, another State or a foreign country that corresponds, or substantially corresponds, to a provision of a law mentioned in—

for a class A disqualifying offence—schedule 3, part 3.2, column 2; and

for a class B disqualifying offence—schedule 3, part 3.3, column 2;

Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

a provision of a law that has been omitted, or omitted and remade with changes; and

Note A conviction against an offence under a provision of a law that has been omitted or remade does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).

any condition that must be met for an offence declared under paragraph (a) to be a disqualifying offence.

A declaration is a disallowable instrument.