Working with Vulnerable People (Background Checking) Act 2011

A person’s registration is automatically cancelled if—

the person is registered to engage in—

a regulated activity involving children; or

an NDIS activity; and

the person is not eligible, or stops being eligible, under section 17 (2) or (3) to be registered to engage in the activity.

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.

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.

As soon as the commissioner becomes aware of the person’s ineligibility, the commissioner must—

tell the person, in writing, that their registration is cancelled; and

tell the person’s employer, in writing, that the person’s registration is cancelled.

A registered person must tell the commissioner if they are charged with, or convicted or found guilty of, a disqualifying offence (see s 55).

For subsection (2) (b), the commissioner must not, without the person’s consent, tell the person’s employer the ground for suspension or cancellation.