Registration to Work with Vulnerable People (Risk Assessment for Child-related Activities) Order 2014
I make the following order under section 26 of the Registration to Work with Vulnerable People Act 2013 .
20 June 2014Dr. Vanessa Goodwin
Minister for Justice
This order may be cited as the Registration to Work with Vulnerable People (Risk Assessment for Child-related Activities) Order 2014 .
This order takes effect on the day on which the Registration to Work with Vulnerable People Act 2013 commences.
In this order –Act means the Registration to Work with Vulnerable People Act 2013 ;applicant means a person who has applied for registration under the Act to engage in a regulated activity in respect of a child.
This order applies in respect of the performance of a risk assessment of a person (an applicant) who has applied for registration under the Act to engage in a regulated activity in respect of a child.
5. Matters to take into account when conducting risk assessment
(1) When conducting a risk assessment of an applicant, the Registrar may take into account –(a) the applicant's criminal history, including his or her national and international criminal history; and(b) any offence the applicant has been found guilty of, even if a conviction has not been recorded in respect of the offence or the conviction has been annulled; and(c) any offence the applicant has been charged with and the result of that charge, including whether it is a pending charge; and(d) any order under the Children, Young Persons and Their Families Act 1997 , the Family Violence Act 2004 or the Justices Act 1959 that relates to the applicant; and(e) any other matter the Registrar considers relevant in respect of the applicant.(2) If, while taking account of the matters referred to in subclause (1) , the Registrar becomes aware of an offence committed by the applicant, the Registrar is to take account of the offence by determining –(a) whether the offence is –(i) an offence specified in Schedule 1 or 2 ; or(ii) a relevant offence that is not specified in Schedule 1 or 2 ; and(b) the outcome of any charges relating to that offence.
6. Registrar must undertake further investigations in certain circumstances
(1) The Registrar must undertake further investigations in respect of an applicant if the conduct of the applicant has resulted in the applicant being –(a) convicted of an offence specified in Schedule 1 and, at the time of the commission of the offence, the victim was an adult; or(b) charged with, but not convicted of or found guilty of, an offence specified in Schedule 1 ; or(c) charged with an offence specified in Schedule 2 ; or(d) convicted of, or found guilty of, a relevant offence that is not specified in Schedule 1 or 2 ; or(e) the subject of reporting obligations under Part 3 of the Community Protection (Offender Reporting) Act 2005 .(2) The Registrar is to take into account conduct referred to in subclause (1) by determining –(a) the seriousness of the conduct; and(b) the length of time between the conduct occurring and the application for registration under the Act; and(c) the age of the applicant at the time the conduct occurred; and(d) the age and vulnerability of the victim of the conduct at the time the conduct occurred; and(e) the relationship between the applicant and the victim of the conduct at the time the conduct occurred; and(f) the age difference between the applicant and the victim of the conduct at the time the conduct occurred; and(g) if the victim was a child, whether the applicant knew or could have known at the time of the conduct that the victim was a child; and(h) the impact on the victim of the conduct; and(i) the applicant's conduct since the conduct referred to in subclause (1) ; and(j) the current age of the applicant; and(k) the significance of –(i) the complete criminal history of the applicant; and(ii) any offence of which the applicant has been found guilty where a conviction has not been recorded in respect of the offence or the conviction has been annulled; and(l) to the satisfaction of the Registrar, the likelihood that the applicant will repeat conduct referred to in subclause (1) ; and(m) any impact that repetition of the conduct referred to in subclause (1) may have on a child.
7. Registrar may undertake further investigations in certain circumstances
The Registrar may undertake further investigations in respect of an applicant if the applicant –(a) has had multiple changes in his or her name; or(b) has used multiple aliases; or(c) has had multiple changes of address within a short period of time at any point in time before the application; or(d) has had multiple changes of employer within a short period of time at any point in time before the application; or(e) has had large periods of unemployment; or(f) has been the subject of a finding by an entity that the applicant has engaged in –(i) sexual misconduct against, with or in the presence of a child, including the grooming of a child for a sexual act; or(ii) a serious physical assault of a child; or(g) the applicant is, or has been, the subject of an order under the Children, Young Persons and Their Families Act 1997 , the Family Violence Act 2004 or the Justices Act 1959 ; or(h) has been the subject of any disciplinary action for misconduct at his or her place of employment.
8. Conduct not to be taken into account
The Registrar must not take into account any conduct by the applicant that constituted an offence at the time the conduct occurred but would not have constituted an offence at the time the application for registration under the Act was made.
9. Applicant submissions to Registrar
(1) At any time before the Registrar completes a risk assessment in respect of an applicant, the applicant may provide information to the Registrar that the applicant believes may be relevant to the risk assessment.(2) The Registrar may take any information provided under subclause (1) into account when making a risk assessment.
10. Proposed negative notice must be issued in certain circumstances
The Registrar must issue a proposed negative notice to an applicant, if the applicant –(a) has been convicted of an offence specified in Schedule 1 ; and(b) at the time of the commission of the offence, the applicant was an adult and the victim of the offence was a child.
11. Changes in relevant information of non-registered person
(1) In this clause –affected person means a person who has been provided with a negative notice, or whose registration has been cancelled, under the Act;relevant date, in respect of an affected person, means the date that –(a) the negative notice was made in respect of the affected person; or(b) the registration of the affected person was cancelled.(2) For the purposes of section 19(3)(b) of the Act, any of the following information constitutes relevant information in respect of an affected person:(a) the affected person was not found guilty in respect of proceedings, or those proceedings were withdrawn, and those proceedings –(i) were pending at the relevant date; and(ii) were taken into account when making the negative notice or cancelling the registration;(b) since the relevant date –(i) the affected person has had a finding of guilt quashed or set aside; and(ii) that finding of guilt had been taken into account when making the negative notice or cancelling the registration;(c) a finding in relation to any other matter that had been taken into account when making the negative notice, or cancellation of the registration, in respect of the affected person has been quashed, set aside or otherwise expressly or impliedly ceased to have effect, since the relevant date.(3) Nothing in subclause (2) prevents the Registrar from allowing an application under section 19 of the Act that does not meet the requirements of that subclause if the Registrar is satisfied that there has been a change in the relevant information about the affected person since the relevant date.
12. Changes in information of registered person
For the purposes of section 46 of the Act, any of the following information constitutes new relevant information in respect of a registered person:(a) the registered person is suspected of having committed a relevant offence;(b) the registered person has been charged with a relevant offence;(c) the registered person has been convicted of a relevant offence;(d) the registered person has been found guilty of a relevant offence.
SCHEDULE 1 - Offences
1. Murder
2. Manslaughter
3. An offence involving the intentional wounding of, or cause grievous bodily harm to, a child by an adult who is more than 3 years older than the victim
4. An offence under section 122 of the Criminal Code
5. An offence under section 124 of the Criminal Code
6. An offence under section 125 of the Criminal Code
7. An offence under section 125A of the Criminal Code
8. An offence under section 125B of the Criminal Code
9. An offence under section 125C of the Criminal Code
10. An offence under section 125D(1) of the Criminal Code
11. An offence under section 126 of the Criminal Code
12. An offence under section 127 of the Criminal Code
13. An offence under section 127A of the Criminal Code
14. An offence under section 129 of the Criminal Code
15. An offence under section 130 of the Criminal Code
16. An offence under section 130A of the Criminal Code
17. An offence under section 130B of the Criminal Code
18. An offence under section 133 of the Criminal Code
19. An offence under section 139 of the Criminal Code
20. An offence under section 165A of the Criminal Code
21. An offence under section 169 of the Criminal Code
22. An offence under section 170 of the Criminal Code
23. An offence under section 178 of the Criminal Code
24. An offence under section 178A of the Criminal Code
25. An offence under section 185 of the Criminal Code
26. An offence under section 186(1) of the Criminal Code
27. An offence under section 189 of the Criminal Code
28. An offence under section 191 of the Criminal Code
29. An offence under section 191A of the Criminal Code
30. An offence under section 192(1) of the Criminal Code
31. An offence under section 72A of the Classification (Publications, Films and Computer Games) Enforcement Act 1995
32. An offence under section 73 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995
33. An offence under section 73A of the Classification (Publications, Films and Computer Games) Enforcement Act 1995
34. An offence under section 9(1) of the Sex Industry Offences Act 2005
35. An offence under section 9(2) of the Sex Industry Offences Act 2005
36. An offence under section 270.6A of the Criminal Code Act 1995 of the Commonwealth
37. An offence under section 270.7 of the Criminal Code Act 1995 of the Commonwealth
38. An offence under section 272.8 of the Criminal Code Act 1995 of the Commonwealth
39. An offence under section 272.9 of the Criminal Code Act 1995 of the Commonwealth
40. An offence under section 272.10 of the Criminal Code Act 1995 of the Commonwealth
41. An offence under section 272.11 of the Criminal Code Act 1995 of the Commonwealth
42. An offence under section 272.12 of the Criminal Code Act 1995 of the Commonwealth
43. An offence under section 272.13 of the Criminal Code Act 1995 of the Commonwealth
44. An offence under section 272.14 of the Criminal Code Act 1995 of the Commonwealth
45. An offence under section 272.15 of the Criminal Code Act 1995 of the Commonwealth
46. An offence under section 272.18 of the Criminal Code Act 1995 of the Commonwealth
47. An offence under section 272.19 of the Criminal Code Act 1995 of the Commonwealth
48. An offence under section 272.20 of the Criminal Code Act 1995 of the Commonwealth
49. An offence under section 273.7 of the Criminal Code Act 1995 of the Commonwealth
50. An offence under section 471.22 of the Criminal Code Act 1995 of the Commonwealth
51. An offence under section 471.24 of the Criminal Code Act 1995 of the Commonwealth
52. An offence under section 471.25 of the Criminal Code Act 1995 of the Commonwealth
53. An offence under section 474.24A of the Criminal Code Act 1995 of the Commonwealth
54. An offence under section 474.25B of the Criminal Code Act 1995 of the Commonwealth
55. An offence in another jurisdiction that, if committed in Tasmania, would be an offence specified in this Schedule
56. An offence that includes as an element the intention to committee an offence specified in this Schedule
SCHEDULE 2 - Further offences
1. An offence involving the intentional wounding of, or causing bodily harm to, a child by an adult other than an offence that is specified in Schedule 1
2. A sexual offence committed against, or in the presence of, a child other than an offence that is specified in Schedule 1
3. An offence under section 125D(3) of the Criminal Code
4. An offence under section 130C of the Criminal Code
5. An offence under section 130D of the Criminal Code
6. An offence under section 137 of the Criminal Code
7. An offence under section 138 of the Criminal Code
8. An offence under section 152 of the Criminal Code
9. An offence under section 169 of the Criminal Code
10. An offence under section 178A of the Criminal Code
11. An offence under section 184 of the Criminal Code where the victim is a child
12. An offence under section 8 of the Animal Welfare Act 1993
13. An offence under section 9 of the Animal Welfare Act 1993
14. An offence under section 73 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995
15. An offence under section 74A of the Classification (Publications, Films and Computer Games) Enforcement Act 1995
16. An offence under section 6 of the Misuse of Drugs Act 2001
17. An offence under section 7 of the Misuse of Drugs Act 2001
18. An offence under section 10 of the Misuse of Drugs Act 2001
19. An offence under section 13 of the Misuse of Drugs Act 2001
20. An offence under section 14 of the Misuse of Drugs Act 2001
21. An offence under section 7A of the Police Offences Act 1935
22. An offence under section 8(1A)(a) of the Police Offences Act 1935
23. An offence under section 13A of the Police Offences Act 1935
24. An offence under section 13B of the Police Offences Act 1935
25. An offence under section 13C of the Police Offences Act 1935
26. An offence under section 35(3) of the Police Offences Act 1935
27. An offence under section 7(1)(a) of the Sex Industry Offences Act 2005
28. An offence under section 7(1)(d) of the Sex Industry Offences Act 2005
29. An offence under section 7(2) of the Sex Industry Offences Act 2005
30. An offence under section 273.5 of the Criminal Code Act 1995 of the Commonwealth
31. An offence under section 273.6 of the Criminal Code Act 1995 of the Commonwealth
32. An offence under section 471.16 of the Criminal Code Act 1995 of the Commonwealth
33. An offence under section 471.17 of the Criminal Code Act 1995 of the Commonwealth
34. An offence under section 471.19 of the Criminal Code Act 1995 of the Commonwealth
35. An offence under section 471.20 of the Criminal Code Act 1995 of the Commonwealth
36. An offence under section 471.26 of the Criminal Code Act 1995 of the Commonwealth
37. An offence under section 474.19 of the Criminal Code Act 1995 of the Commonwealth
38. An offence under section 474.20 of the Criminal Code Act 1995 of the Commonwealth
39. An offence under section 474.22 of the Criminal Code Act 1995 of the Commonwealth
40. An offence under section 474.23 of the Criminal Code Act 1995 of the Commonwealth
41. An offence under section 474.25A of the Criminal Code Act 1995 of the Commonwealth
42. An offence under section 474.26 of the Criminal Code Act 1995 of the Commonwealth
43. An offence under section 474.27 of the Criminal Code Act 1995 of the Commonwealth
44. An offence under section 474.27A of the Criminal Code Act 1995 of the Commonwealth
45. An offence under section 233BAB of the Customs Act 1901 of the Commonwealth if the offence relates to items of child pornography or child exploitation material as defined in that section
46. An offence in another jurisdiction that, if committed in Tasmania, would be an offence specified in this Schedule
47. An offence that includes as an element the intention to commit an offence specified in this Schedule
48. An offence of attempting, or of conspiracy or incitement to commit, an offence specified in this Schedule
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 25 June 2014
This order is administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the order)
This order specifies certain matters relating to the conduct of a risk assessment, under the Registration to Work with Vulnerable People Act 2013 , in respect of a person applying for registration under that Act to engage in a regulated activity in respect of a child.