Working with Vulnerable People (Background Checking) Act 2011

The commissioner must suspend or cancel a person’s registration if the commissioner—

has given written notice to the person of an intention to suspend or cancel the registration; and

has considered any reasons given by the person in accordance with the notice; and

is satisfied that the ground for suspension or cancellation under section 57 exists.

The commissioner’s decision to suspend or cancel a person’s registration is reviewable (see s 61).

The commissioner must—

tell the person in writing—

that the person’s registration is suspended or cancelled; and

the ground for suspension or cancellation; and

about the information mentioned in subsections (6) to (8); and

The commissioner must also give the person a reviewable decision notice in relation to the decision to suspend or cancel the person’s registration (see s 62).

tell the person’s employer (if any) in writing that the person’s registration has been suspended or cancelled.

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

The suspension or cancellation takes effect—

on the day after the day the commissioner tells the person in writing that the person’s registration is suspended or cancelled; or

if a later date is stated in the notice of suspension or cancellation—on the later date.

To remove any doubt, a person whose registration is suspended does not have a registration allowing the person to engage in a regulated activity.

A person engaging in a regulated activity for which the person is required to be registered commits an offence under s 13 if the person’s registration is suspended or cancelled and the person continues to engage in the activity.

A person whose registration is suspended may apply to the commissioner to end the suspension not earlier than 6 months after the day the commissioner tells the person that the person’s registration is suspended.

The commissioner must, on application—

end the person’s suspension; or

refuse to end the person’s suspension.

A decision under s (7) (b) is a reviewable decision (see s 61).

The commissioner must not refuse to end a person’s suspension unless the commissioner believes the suspension is necessary for the Act.