Working with Vulnerable People (Background Checking) Act 2011

The commissioner must refuse to register a person—

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 (2) to be registered to engage in the activity; or

Under s 17 (2), 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.

for an application for registration to engage in a regulated activity involving children—if the commissioner becomes aware the person is not eligible, or stops being eligible, under section 17 (3) to be registered to engage in the activity; or

Under s 17 (3), a person is not eligible to be registered to engage in a regulated activity involving children if under a corresponding law the person has received a negative notice, or had their registration cancelled, in relation to a regulated activity involving children.

if—

the commissioner conducts a revised risk assessment for a person; and

the commissioner is satisfied that the person poses an unacceptable risk of harm to a vulnerable person; or

if the commissioner gives the person a proposed negative notice and—

the person does not tell the commissioner that the person intends to ask the commissioner to reconsider the decision under section 38 (1) (a); or

the person—

tells the commissioner that the person intends to ask the commissioner to reconsider the decision under section 38 (1) (a); but

does not ask the commissioner to reconsider the decision under section 38 (1) (b).

If the commissioner refuses to register a person, the commissioner must—

tell the person in writing (a negative notice) that the commissioner refuses to register the person and the reasons for the refusal; and

tell the named employer (if any) in writing that a negative notice has been given to the person.

If an unregistered person is engaging in an NDIS activity under section 15 and the person receives a negative notice, the person must tell the following about the negative notice:

the person’s named employer (if any);

each vulnerable person with whom the person has contact as part of engaging in the activity.

If 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.

For subsection (2) (b) and subsection (3), 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.