Working with Vulnerable People (Background Checking) Act 2011

A person with conditional registration may apply to the commissioner to amend the person’s registration (including by removing or amending a condition of the registration) if there has been a change in relevant information about the person since the person was registered subject to a condition.

The risk assessment guidelines may provide for what constitutes a change in relevant information about the person.

The commissioner may, in writing, require the applicant to give the commissioner the additional information in writing or documents the commissioner reasonably needs to decide the application.

If the applicant does not comply with a requirement under subsection (3), the commissioner may refuse to consider the application further.

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).

On application by a person to amend a conditional registration, the commissioner must—

amend the registration; or

refuse to amend the registration.

The commissioner must—

tell the applicant in writing of a decision under subsection (5) and—

if the commissioner amends the registration—state the details of the amendment; and

if the commissioner refuses to amend the registration—the reasons for the decision; and

The commissioner must also give the applicant a reviewable decision notice in relation to a decision to refuse to amend the applicant’s registration (see s 62).

if the commissioner amends the registration—tell the named employer (if any) in writing—

that the applicant’s registration has been amended; and

the details of the amendment.