Additional risk assessments
46 Additional risk assessments
In this section – positive additional risk assessment means the determination by the Registrar following an additional risk assessment of a person that the Registrar is satisfied that the person poses no, or poses an acceptable, risk of harm to – any particular class of vulnerable persons; or all vulnerable persons generally.
If the Registrar believes on reasonable grounds that there is new relevant information about a registered person, the Registrar is to – conduct an additional risk assessment for the registered person taking into account the new relevant information; and notify the registered person, in writing, that the additional risk assessment is being conducted. An example of new relevant information is information that a registered person is suspected of having committed, has been charged with or has been convicted or found guilty of a relevant offence.
If after conducting an additional risk assessment of a registered person the Registrar makes a positive additional risk assessment, the Registrar may do one or more of the following:leave the person’s registration unchanged; add a condition to the person’s registration, including a condition preventing or limiting the person's ability to engage in a regulated activity; amend a condition of the person’s registration; remove a condition from the person’s registration.
If the Registrar adds a condition to, or amends a condition of, a registered person's registration under subsection (3)(b) or (c) – the Registrar is to proceed under section 36; and sections 36, 37 and 38 apply as if the additional risk assessment were the registered person's first risk assessment and the Registrar intended to register the person conditionally.
If the Registrar conducts an additional risk assessment of a registered person and is satisfied that he or she poses an unacceptable risk of harm to vulnerable persons generally or to a class of vulnerable persons to which the regulated activities allowed by the registration apply, the Registrar – is to determine to cancel the person's registration; and is to proceed under section 50 to provide notice of the intention to cancel the person's registration and, if appropriate, is to proceed under section 51 to cancel the person's registration.
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