Working with Vulnerable People (Background Checking) Act 2011

The risk assessment guidelines must provide for—

matters the commissioner must or may take into account in conducting a risk assessment; and

how those matters must or may be taken into account.

The risk assessment guidelines must provide for the following to be taken into account in conducting a risk assessment for a person in relation to a regulated activity:

the person’s criminal history;

The risk assessment guidelines must provide for certain matters in relation to relevant offences in the person’s criminal history (see s 29).

non-conviction information about the person;

The 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).

whether the person was previously given a negative notice under this Act or a corresponding law;

whether the person was previously registered under this Act or a corresponding law (including whether the registration was suspended or cancelled);

any other information the commissioner believes on reasonable grounds is or may be relevant in deciding whether, in engaging in the activity, the applicant poses a risk of harm to a vulnerable person.

The risk assessment guidelines must provide for certain matters to be taken into account in relation to other information—see s 31.

The risk assessment guidelines must provide that—

the applicant may make submissions to the commissioner in relation to any matter the commissioner must or may take into account in conducting a risk assessment; and

the commissioner must not take into account any information about an applicant unless satisfied on reasonable grounds that the information is accurate.