Registration to Work with Vulnerable People Act 2013

If the Registrar – conducts a risk assessment of a person; and is satisfied that the person poses an unacceptable risk of harm to vulnerable persons generally – the Registrar is to notify the person, in writing, that the Registrar intends to refuse to register the person.

A notice under subsection (1) is to state – the reasons for the negative risk assessment; and that the person may request the Registrar – in accordance with the procedure prescribed by the regulations or otherwise set out in the notice; and within 20 working days after receiving the notice – to reconsider the negative risk assessment that led to the provision of the notice; and that, if the person does not so request the Registrar to reconsider the negative risk assessment, the Registrar must provide to the person a negative notice.

Despite subsection (2)(a), the Registrar is not required to notify a person of the reasons for a negative risk assessment to the extent that to do so would – prejudice – the enforcement, or proper administration, of a law in a particular instance; or the fair trial of a person for an offence against a law; or the impartial adjudication of proceedings relating to an offence against a law; or disclose, or enable the person to ascertain, the existence or identity of a confidential source of information in relation to the investigation of a contravention, or possible contravention, of the law or the enforcement, or proper administration, of the law; or disclose methods or procedures for preventing, detecting or investigating, or dealing with matters arising out of, contraventions or evasions of a law, the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or endanger the life or physical, emotional or psychological safety of another person, or increase the likelihood of harassment of or discrimination against another person; or disclose information gathered, collated or created for intelligence, including but not limited to databases of criminal intelligence, forensic testing or anonymous information from the public; or hinder, delay or prejudice an on-going investigation of a contravention, or possible contravention, of a law.

In subsection (2A) – law means law of the Commonwealth, a State or a Territory.

The Registrar is not to notify a named employer – that a proposed negative notice has been provided to a person; or the reasons for providing the person with the proposed negative notice.

This section does not apply if the Registrar conducts a risk assessment of a person and is satisfied that the person has been convicted of a disqualifying offence.