Working with Vulnerable People (Background Checking) Act 2011

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:

the nature, gravity and circumstances of the offence;

the relevance of the offence;

how long ago the offence was committed;

the age of the person and the victim at the time of the offence;

whether the person’s circumstances have changed since the offence was committed;

the person’s attitude to the offence;

if the person has undergone a program of treatment or intervention for the offence—any assessment of the person following the program;

if the offence was committed outside Australia—whether the offence is an offence in Australia;

whether the person has committed any other relevant offence;

any submission made by the person to the commissioner in relation to the matters mentioned in paragraphs (a) to (i).

In addition, the risk assessment guidelines must provide for whether the person has exceptional circumstances that justify the person being registered if—

the person’s criminal history includes an adult conviction or finding of guilt for a class B disqualifying offence; and

the person applies for registration to engage in—

a regulated activity involving children; or

an NDIS activity.

Note A 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 (2)).