Working with Vulnerable People (Background Checking) Act 2011

The commissioner may, on written application by a person (the applicant), grant the applicant an exemption from the operation of section 17 (3) if the commissioner is satisfied on reasonable grounds that—

the applicant was given a negative notice (however described), or the applicant’s registration was cancelled, under a corresponding law in relation to engaging in a regulated activity involving children because the applicant has an adult conviction or finding of guilt for an offence; and

the offence is a non-corresponding offence; and

the applicant has demonstrated that because of the operation of section 17 (3) the negative notice or cancellation results in an adverse effect on the applicant in the ACT, to an extent that is an unreasonable limitation on the applicant’s rights under the Human Rights Act 2004.

The application must—

be in writing; and

include any information prescribed by regulation; and

comply with any requirements prescribed by regulation.

Note It 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).

The commissioner may—

by written notice, require an applicant to give the commissioner information that the commissioner reasonably needs to decide the application, within a stated time, at a stated place; and

if the applicant does not comply with a requirement in the notice—refuse to consider the application further.

In this section:

non-corresponding offence means an offence mentioned in a corresponding law—

for which a conviction or finding of guilt would, under the corresponding law, result in the convicted person not being eligible, or stopping being eligible, to be registered to engage in a regulated activity involving children; and

that does not substantially correspond to a class A disqualifying offence.

Part 5 Risk assessments

Division 5.1 Important concepts