Registration to Work with Vulnerable People (Risk Assessment for Child-related Activities) Amendment Order 2016
I make the following order under section 26 of the Registration to Work with Vulnerable People Act 2013 .
14 November 2016DR VANESSA GOODWIN
Minister for Justice
This order may be cited as the Registration to Work with Vulnerable People (Risk Assessment for Child-related Activities) Amendment Order 2016 .
This order takes effect on the day on which its making is notified in the Gazette.
In this order, the Registration to Work with Vulnerable People (Risk Assessment for Child-related Activities) Order 2014 is referred to as the Principal Order.
4. Clauses 4 , 5 , 6 and 7 substituted
Clauses 4 , 5 , 6 and 7 of the Principal Order are revoked and the following is substituted:This order applies in respect of the conduct of –(a) a risk assessment of an applicant; and(b) an additional risk assessment of a registered person.5. Matters to be taken into account
(1) In conducting a risk assessment of an applicant, the Registrar may take into account the following matters:(a) whether the applicant has had multiple changes in his or her name;(b) whether the applicant has used multiple aliases;(c) whether the applicant has had multiple changes of address within a short period of time at any point in time before the application;(d) whether the applicant has had multiple changes of employer within a short period of time at any point in time before the application;(e) whether the applicant has had large periods of unemployment;(f) whether the applicant has been the subject of an allegation or 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;(g) whether the applicant has been convicted of, or charged with, an offence specified in Schedule 1 ;(h) whether 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 and the applicant's conduct has been a factor in the making of the order;(i) whether the applicant has been the subject of any disciplinary action for misconduct at his or her place of employment, or a place where he or she volunteers;(j) whether the applicant has included information in the application that may be false or misleading;(k) whether the applicant has failed to include any relevant information in the application;(l) any other matter not referred to in paragraph (a) , (b) , (c) , (d) , (e) , (f) , (g) , (h) , (i) , (j) or (k) that the Registrar considers relevant in conducting the risk assessment of the applicant.(2) In conducting an additional risk assessment of a registered person, the Registrar may take into account the following matters:(a) the matters specified in section 28(1A) of the Act;(b) whether the registered person has had multiple changes in his or her name;(c) whether the registered person has used multiple aliases;(d) whether the registered person has had multiple changes of address within a short period of time at any point in time before the application;(e) whether the registered person has had multiple changes of employer within a short period of time at any point in time before the application;(f) whether the registered person has had large periods of unemployment;(g) whether the registered person has been the subject of an application or 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;(h) whether the registered person has been convicted of, or charged with, an offence specified in Schedule 1 ;(i) whether the registered person 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 and the registered person's conduct has been a factor in the making of the order;(j) whether the registered person has been the subject of any disciplinary action for misconduct at his or her place of employment, or a place where he or she volunteers;(k) whether the registered person has provided any information that may be false or misleading;(l) whether the registered person has failed to provide any relevant information;(m) any other matter not referred to in paragraph (a) , (b) , (c) , (d) , (e) , (f) , (g) , (h) , (i) , (j) , (k) or (l) that the Registrar considers relevant in conducting the additional risk assessment of the registered person.(3) The matters referred to in subclauses (1) and (2) are to be taken into account in conducting a risk assessment, or an additional risk assessment, by determining the nature of the behaviour, or alleged behaviour, of the applicant, or registered person, that is relevant to the matters referred to in those subclauses.6. Conduct of risk assessments and additional risk assessments
(1) In this clause –matter, in relation to –(a) a risk assessment, means a matter referred to in clause 5(1) taken into account by the Registrar in conducting the risk assessment; or(b) an additional risk assessment, means a matter referred to in clause 5(2) taken into account by the Registrar in conducting the additional risk assessment.(2) If the Registrar considers it relevant to do so in relation to a matter he or she is taking into account in conducting a risk assessment, or an additional risk assessment, the Registrar may determine –(a) the nature, gravity or seriousness of the matter; or(b) the length of time that has passed since the matter occurred; or(c) the age and vulnerability of the victim of the matter at the time the matter occurred; or(d) the relationship between the applicant, or registered person, and the victim of the matter at the time the matter occurred; or(e) the age difference between the applicant, or registered person, and the victim of the matter at the time the matter occurred; or(f) the impact on the victim of the matter; or(g) the applicant's, or registered person's, conduct since the matter occurred; or(h) to the satisfaction of the Registrar, the likelihood that the applicant, or registered person, will repeat the matter; or(i) whether there is a pattern of concerning conduct.
5. Clauses 9 and 10 substituted
Clauses 9 and 10 of the Principal Order are revoked and the following clauses are substituted:9. Making of submissions to Registrar
(1) At any time before the Registrar completes a risk assessment of an applicant, or an additional risk assessment of a registered person, the applicant, or the registered person, may provide information to the Registrar that the applicant, or the registered person, believes may be relevant to the risk assessment or additional risk assessment.(2) The Registrar may take any information provided under subclause (1) into account when conducting a risk assessment or additional risk assessment.10. Issue of notices of intent to refuse, suspend or cancel registration
(1) The Registrar must provide a proposed negative notice to a person if –(a) the person's criminal history indicates that he or she has been convicted of, or charged with, an offence specified in Schedule 1 ; and(b) at the time of the commission, or alleged commission, of the offence, the person was an adult and the victim of the offence was a child.(2) The Registrar must issue to a registered person a notice of intention to suspend or cancel the registered person's registration if –(a) the registered person's criminal history indicates that the registered person has been convicted of, or charged with, an offence specified in Schedule 1 ; and(b) at the time of the commission, or alleged commission, of the offence, the registered person was an adult and the victim of the offence was a child.
6. Clause 11 amended (Changes in relevant information of non-registered person)
Clause 11(1) of the Principal Order is amended as follows:(a) by omitting "provided with a negative notice" from the definition of affected person and substituting "provided with a proposed negative notice";(b) by omitting "negative notice was made" from paragraph (a) of the definition of relevant date and substituting "proposed negative notice was provided".
7. Schedules 1 and 2 amended
Schedules 1 and 2 to the Principal Order are revoked and the following Schedule is substituted:SCHEDULE 1 - Offences1. An offence under section 8 of the Animal Welfare Act 19932. An offence under section 9 of the Animal Welfare Act 19933. An offence under section 13 of the Children, Young Persons and Their Families Act 19974. An offence under section 14 of the Children, Young Persons and Their Families Act 19975. An offence under section 92 of the Children, Young Persons and Their Families Act 19976. An offence under section 95 of the Children, Young Persons and Their Families Act 19977. An offence under section 17(4) of the Classification (Publications, Films and Computer Games) Enforcement Act 19958. An offence under section 72 of the Classification (Publications, Films and Computer Games) Enforcement Act 19959. An offence under section 72A of the Classification (Publications, Films and Computer Games) Enforcement Act 199510. An offence under section 73 of the Classification (Publications, Films and Computer Games) Enforcement Act 199511. An offence under section 73A of the Classification (Publications, Films and Computer Games) Enforcement Act 199512. An offence under section 74 of the Classification (Publications, Films and Computer Games) Enforcement Act 199513. An offence under section 74A of the Classification (Publications, Films and Computer Games) Enforcement Act 199514. An offence under section 122 of the Criminal Code Act 192415. An offence under section 124 of the Criminal Code Act 192416. An offence under section 125 of the Criminal Code Act 192417. An offence under section 125A of the Criminal Code Act 192418. An offence under section 125B of the Criminal Code Act 192419. An offence under section 125C of the Criminal Code Act 192420. An offence under section 125D(1) of the Criminal Code Act 192421. An offence under section 125D(3) of the Criminal Code Act 192422. An offence under section 126 of the Criminal Code Act 192423. An offence under section 127 of the Criminal Code Act 192424. An offence under section 127A of the Criminal Code Act 192425. An offence under section 129 of the Criminal Code Act 192426. An offence under section 130 of the Criminal Code Act 192427. An offence under section 130A of the Criminal Code Act 192428. An offence under section 130B of the Criminal Code Act 192429. An offence under section 130C of the Criminal Code Act 192430. An offence under section 130D of the Criminal Code Act 192431. An offence under section 133 of the Criminal Code Act 192432. An offence under section 137 of the Criminal Code Act 192433. An offence under section 138 of the Criminal Code Act 192434. An offence under section 139 of the Criminal Code Act 192435. An offence under section 152 of the Criminal Code Act 192436. An offence under section 158 of the Criminal Code Act 192437. An offence under section 159 of the Criminal Code Act 192438. An offence under section 161 of the Criminal Code Act 192439. An offence under section 162 of the Criminal Code Act 192440. An offence under section 162A of the Criminal Code Act 192441. An offence under section 163 of the Criminal Code Act 192442. An offence under section 165A of the Criminal Code Act 192443. An offence under section 166 of the Criminal Code Act 192444. An offence under section 167 of the Criminal Code Act 192445. An offence under section 169 of the Criminal Code Act 192446. An offence under section 170 of the Criminal Code Act 192447. An offence under section 172 of the Criminal Code Act 192448. An offence under section 175 of the Criminal Code Act 192449. An offence under section 176 of the Criminal Code Act 192450. An offence under section 177 of the Criminal Code Act 192451. An offence under section 178 of the Criminal Code Act 192452. An offence under section 178A of the Criminal Code Act 192453. An offence under section 178D of the Criminal Code Act 192454. An offence under section 178E of the Criminal Code Act 192455. An offence under section 183 of the Criminal Code Act 192456. An offence under section 184 of the Criminal Code Act 192457. An offence under section 184A of the Criminal Code Act 192458. An offence under section 185 of the Criminal Code Act 192459. An offence under section 186(1) of the Criminal Code Act 192460. An offence under section 189 of the Criminal Code Act 192461. An offence under section 191 of the Criminal Code Act 192462. An offence under section 191A of the Criminal Code Act 192463. An offence under section 192(1) of the Criminal Code Act 192464. An offence under section 240(4) of the Criminal Code Act 192465. An offence under section 241 of the Criminal Code Act 192466. An offence under section 242 of the Criminal Code Act 192467. An offence under section 269A of the Criminal Code Act 192468. An offence under section 297 of the Criminal Code Act 192469. An offence under section 298 of the Criminal Code Act 192470. An offence under section 270.6A of the Criminal Code Act 1995 of the Commonwealth71. An offence under section 270.7 of the Criminal Code Act 1995 of the Commonwealth72. An offence under section 272.8 of the Criminal Code Act 1995 of the Commonwealth73. An offence under section 272.9 of the Criminal Code Act 1995 of the Commonwealth74. An offence under section 272.10 of the Criminal Code Act 1995 of the Commonwealth75. An offence under section 272.11 of the Criminal Code Act 1995 of the Commonwealth76. An offence under section 272.12 of the Criminal Code Act 1995 of the Commonwealth77. An offence under section 272.13 of the Criminal Code Act 1995 of the Commonwealth78. An offence under section 272.14 of the Criminal Code Act 1995 of the Commonwealth79. An offence under section 272.15 of the Criminal Code Act 1995 of the Commonwealth80. An offence under section 272.18 of the Criminal Code Act 1995 of the Commonwealth81. An offence under section 272.19 of the Criminal Code Act 1995 of the Commonwealth82. An offence under section 272.20 of the Criminal Code Act 1995 of the Commonwealth83. An offence under section 273.5 of the Criminal Code Act 1995 of the Commonwealth84. An offence under section 273.6 of the Criminal Code Act 1995 of the Commonwealth85. An offence under section 273.7 of the Criminal Code Act 1995 of the Commonwealth86. An offence under section 471.16 of the Criminal Code Act 1995 of the Commonwealth87. An offence under section 471.17 of the Criminal Code Act 1995 of the Commonwealth88. An offence under section 471.19 of the Criminal Code Act 1995 of the Commonwealth89. An offence under section 471.20 of the Criminal Code Act 1995 of the Commonwealth90. An offence under section 471.22 of the Criminal Code Act 1995 of the Commonwealth91. An offence under section 471.24 of the Criminal Code Act 1995 of the Commonwealth92. An offence under section 471.25 of the Criminal Code Act 1995 of the Commonwealth93. An offence under section 471.26 of the Criminal Code Act 1995 of the Commonwealth94. An offence under section 474.19 of the Criminal Code Act 1995 of the Commonwealth95. An offence under section 474.20 of the Criminal Code Act 1995 of the Commonwealth96. An offence under section 474.22 of the Criminal Code Act 1995 of the Commonwealth97. An offence under section 474.23 of the Criminal Code Act 1995 of the Commonwealth98. An offence under section 474.24A of the Criminal Code Act 1995 of the Commonwealth99. An offence under section 474.25A of the Criminal Code Act 1995 of the Commonwealth100. An offence under section 474.25B of the Criminal Code Act 1995 of the Commonwealth101. An offence under section 474.26 of the Criminal Code Act 1995 of the Commonwealth102. An offence under section 474.27 of the Criminal Code Act 1995 of the Commonwealth103. An offence under section 474.27A of the Criminal Code Act 1995 of the Commonwealth104. An offence under section 233BAB of the Customs Act 1901 of the Commonwealth - if the offence relates to items of child pornography or child abuse material as defined in that section105. An offence under section 8 of the Family Violence Act 2004106. An offence under section 9 of the Family Violence Act 2004107. An offence under section 71 of the Liquor Licensing Act 1990108. An offence under section 6 of the Misuse of Drugs Act 2001109. An offence under section 7 of the Misuse of Drugs Act 2001110. An offence under section 8 of the Misuse of Drugs Act 2001111. An offence under section 10 of the Misuse of Drugs Act 2001112. An offence under section 12 of the Misuse of Drugs Act 2001113. An offence under section 13 of the Misuse of Drugs Act 2001114. An offence under section 14 of the Misuse of Drugs Act 2001115. An offence under section 33 of the Poisons Act 1971116. An offence under section 7 of the Police Offences Act 1935117. An offence under section 7A of the Police Offences Act 1935118. An offence under section 8(1A)(a) of the Police Offences Act 1935119. An offence under section 13 of the Police Offences Act 1935120. An offence under section 13A of the Police Offences Act 1935121. An offence under section 13B of the Police Offences Act 1935122. An offence under section 13C of the Police Offences Act 1935123. An offence under section 14 of the Police Offences Act 1935124. An offence under section 14A of the Police Offences Act 1935125. An offence under section 21 of the Police Offences Act 1935126. An offence under section 26 of the Police Offences Act 1935127. An offence under section 35(3) of the Police Offences Act 1935128. An offence under section 36 of the Police Offences Act 1935129. An offence under section 37(2) of the Police Offences Act 1935130. An offence under section 4 of the Sex Industry Offences Act 2005131. An offence under section 5 of the Sex Industry Offences Act 2005132. An offence under section 7(1)(a) of the Sex Industry Offences Act 2005133. An offence under section 7(1)(d) of the Sex Industry Offences Act 2005134. An offence under section 7(2) of the Sex Industry Offences Act 2005135. An offence under section 8 of the Sex Industry Offences Act 2005136. An offence under section 9(1) of the Sex Industry Offences Act 2005137. An offence under section 9(2) of the Sex Industry Offences Act 2005138. An offence in another jurisdiction that, if committed in Tasmania, would be an offence specified in this Schedule139. An offence that includes as an element the intention to commit an offence specified in this Schedule140. An offence of attempting, or of conspiracy or incitement, to commit an offence specified in this Schedule141. An offence, not already specified in this Schedule, relating to murder142. An offence, not already specified in this Schedule, relating to manslaughter143. An offence, not already specified in this Schedule, involving the intentional wounding of, or causing of grievous bodily harm to, a child by an adult144. A sexual offence, not already specified in this Schedule, committed against, or in the presence of, a child
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 23 November 2016
This order is administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the order)
This order amends the Registration to Work with Vulnerable People (Risk Assessment for Child-related Activities) Order 2014 by revising certain provisions in relation to the conduct of risk assessments, and additional risk assessments, to ensure the safety, welfare and protection of vulnerable persons.