Registration to Work with Vulnerable People (Risk Assessment for Child-related Activities) Order 2014


Tasmanian Crest
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 2014

Dr. Vanessa Goodwin

Minister for Justice

1.   Short title

This order may be cited as the Registration to Work with Vulnerable People (Risk Assessment for Child-related Activities) Order 2014 .

2.   Commencement

This order takes effect on the day on which the Registration to Work with Vulnerable People Act 2013 commences.

3.   Interpretation

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.

4.   Application of order

[Clause 4 Substituted by S.R. 2016, No. 98, Applied:23 Nov 2016] 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

[Clause 5 Substituted by S.R. 2016, No. 98, Applied:23 Nov 2016]
(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

[Clause 6 Substituted by S.R. 2016, No. 98, Applied:23 Nov 2016]
(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.

7.   

[Clause 7 Revoked by S.R. 2016, No. 98, Applied:23 Nov 2016]

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.   Making of submissions to Registrar

[Clause 9 Substituted by S.R. 2016, No. 98, Applied:23 Nov 2016]
(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

[Clause 10 Substituted by S.R. 2016, No. 98, Applied:23 Nov 2016]
(1)  The Registrar must provide a proposed negative notice to a person if –
(a) [Clause 10 Subclause (1) amended by S.R. 2019, No. 4, Applied:13 Feb 2019] the person's criminal history indicates that he or she has been convicted of an offence specified in Schedule 1 ; and
(b) [Clause 10 Subclause (1) amended by S.R. 2019, No. 4, Applied:13 Feb 2019] at the time of the 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) [Clause 10 Subclause (2) amended by S.R. 2019, No. 4, Applied:13 Feb 2019] the registered person's criminal history indicates that the registered person has been convicted of an offence specified in Schedule 1 ; and
(b) [Clause 10 Subclause (2) amended by S.R. 2019, No. 4, Applied:13 Feb 2019] at the time of the commission of the offence, the registered person 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 –
[Clause 11 Subclause (1) amended by S.R. 2016, No. 98, Applied:23 Nov 2016] affected person means a person who has been provided with a proposed negative notice, or whose registration has been cancelled, under the Act;
relevant date, in respect of an affected person, means the date that –
(a) [Clause 11 Subclause (1) amended by S.R. 2016, No. 98, Applied:23 Nov 2016] the proposed negative notice was provided 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
[Schedule 1 Substituted by S.R. 2016, No. 98, Applied:23 Nov 2016]

Clauses 5 and 10

1.   An offence under section 8 of the Animal Welfare Act 1993
2.   An offence under section 9 of the Animal Welfare Act 1993
3.   An offence under section 13 of the Children, Young Persons and Their Families Act 1997
4.   An offence under section 14 of the Children, Young Persons and Their Families Act 1997
5.   An offence under section 92 of the Children, Young Persons and Their Families Act 1997
6.   An offence under section 95 of the Children, Young Persons and Their Families Act 1997
7.   An offence under section 17(4) of the Classification (Publications, Films and Computer Games) Enforcement Act 1995
8.   An offence under section 72 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995
9.   An offence under section 72A of the Classification (Publications, Films and Computer Games) Enforcement Act 1995
10.   An offence under section 73 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995
11.   An offence under section 73A of the Classification (Publications, Films and Computer Games) Enforcement Act 1995
12.   An offence under section 74 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995
13.   An offence under section 74A of the Classification (Publications, Films and Computer Games) Enforcement Act 1995
14.   An offence under section 122 of the Criminal Code Act 1924
15.   An offence under section 124 of the Criminal Code Act 1924
16.   An offence under section 125 of the Criminal Code Act 1924
17.   An offence under section 125A of the Criminal Code Act 1924
18.   An offence under section 125B of the Criminal Code Act 1924
19.   An offence under section 125C of the Criminal Code Act 1924
20.   An offence under section 125D(1) of the Criminal Code Act 1924
21.   An offence under section 125D(3) of the Criminal Code Act 1924
22.   An offence under section 126 of the Criminal Code Act 1924
23.   An offence under section 127 of the Criminal Code Act 1924
24.   An offence under section 127A of the Criminal Code Act 1924
25.   An offence under section 129 of the Criminal Code Act 1924
26.   An offence under section 130 of the Criminal Code Act 1924
27.   An offence under section 130A of the Criminal Code Act 1924
28.   An offence under section 130B of the Criminal Code Act 1924
29.   An offence under section 130C of the Criminal Code Act 1924
30.   An offence under section 130D of the Criminal Code Act 1924
31.   An offence under section 133 of the Criminal Code Act 1924
32.   An offence under section 137 of the Criminal Code Act 1924
33.   An offence under section 138 of the Criminal Code Act 1924
34.   An offence under section 139 of the Criminal Code Act 1924
35.   An offence under section 152 of the Criminal Code Act 1924
36.   An offence under section 158 of the Criminal Code Act 1924
37.   An offence under section 159 of the Criminal Code Act 1924
38.   An offence under section 161 of the Criminal Code Act 1924
39.   An offence under section 162 of the Criminal Code Act 1924
40.   An offence under section 162A of the Criminal Code Act 1924
41.   An offence under section 163 of the Criminal Code Act 1924
42.   An offence under section 165A of the Criminal Code Act 1924
43.   An offence under section 166 of the Criminal Code Act 1924
44.   An offence under section 167 of the Criminal Code Act 1924
45.   An offence under section 169 of the Criminal Code Act 1924
46.   An offence under section 170 of the Criminal Code Act 1924
47.   An offence under section 172 of the Criminal Code Act 1924
48.   An offence under section 175 of the Criminal Code Act 1924
49.   An offence under section 176 of the Criminal Code Act 1924
50.   An offence under section 177 of the Criminal Code Act 1924
51.   An offence under section 178 of the Criminal Code Act 1924
52.   An offence under section 178A of the Criminal Code Act 1924
53.   An offence under section 178D of the Criminal Code Act 1924
54.   An offence under section 178E of the Criminal Code Act 1924
55.   An offence under section 183 of the Criminal Code Act 1924
56.   An offence under section 184 of the Criminal Code Act 1924
57.   An offence under section 184A of the Criminal Code Act 1924
58.   An offence under section 185 of the Criminal Code Act 1924
59.   An offence under section 186(1) of the Criminal Code Act 1924
60.   An offence under section 189 of the Criminal Code Act 1924
61.   An offence under section 191 of the Criminal Code Act 1924
62.   An offence under section 191A of the Criminal Code Act 1924
63.   An offence under section 192(1) of the Criminal Code Act 1924
64.   An offence under section 240(4) of the Criminal Code Act 1924
65.   An offence under section 241 of the Criminal Code Act 1924
66.   An offence under section 242 of the Criminal Code Act 1924
67.   An offence under section 269A of the Criminal Code Act 1924
68.   An offence under section 297 of the Criminal Code Act 1924
69.   An offence under section 298 of the Criminal Code Act 1924
70.   An offence under section 270.6A of the Criminal Code Act 1995 of the Commonwealth
71.   An offence under section 270.7 of the Criminal Code Act 1995 of the Commonwealth
72.   An offence under section 272.8 of the Criminal Code Act 1995 of the Commonwealth
73.   An offence under section 272.9 of the Criminal Code Act 1995 of the Commonwealth
74.   An offence under section 272.10 of the Criminal Code Act 1995 of the Commonwealth
75.   An offence under section 272.11 of the Criminal Code Act 1995 of the Commonwealth
76.   An offence under section 272.12 of the Criminal Code Act 1995 of the Commonwealth
77.   An offence under section 272.13 of the Criminal Code Act 1995 of the Commonwealth
78.   An offence under section 272.14 of the Criminal Code Act 1995 of the Commonwealth
79.   An offence under section 272.15 of the Criminal Code Act 1995 of the Commonwealth
80.   An offence under section 272.18 of the Criminal Code Act 1995 of the Commonwealth
81.   An offence under section 272.19 of the Criminal Code Act 1995 of the Commonwealth
82.   An offence under section 272.20 of the Criminal Code Act 1995 of the Commonwealth
83.   An offence under section 273.5 of the Criminal Code Act 1995 of the Commonwealth
84.   An offence under section 273.6 of the Criminal Code Act 1995 of the Commonwealth
85.   An offence under section 273.7 of the Criminal Code Act 1995 of the Commonwealth
86.   An offence under section 471.16 of the Criminal Code Act 1995 of the Commonwealth
87.   An offence under section 471.17 of the Criminal Code Act 1995 of the Commonwealth
88.   An offence under section 471.19 of the Criminal Code Act 1995 of the Commonwealth
89.   An offence under section 471.20 of the Criminal Code Act 1995 of the Commonwealth
90.   An offence under section 471.22 of the Criminal Code Act 1995 of the Commonwealth
91.   An offence under section 471.24 of the Criminal Code Act 1995 of the Commonwealth
92.   An offence under section 471.25 of the Criminal Code Act 1995 of the Commonwealth
93.   An offence under section 471.26 of the Criminal Code Act 1995 of the Commonwealth
94.   An offence under section 474.19 of the Criminal Code Act 1995 of the Commonwealth
95.   An offence under section 474.20 of the Criminal Code Act 1995 of the Commonwealth
96.   An offence under section 474.22 of the Criminal Code Act 1995 of the Commonwealth
97.   An offence under section 474.23 of the Criminal Code Act 1995 of the Commonwealth
98.   An offence under section 474.24A of the Criminal Code Act 1995 of the Commonwealth
99.   An offence under section 474.25A of the Criminal Code Act 1995 of the Commonwealth
100.   An offence under section 474.25B of the Criminal Code Act 1995 of the Commonwealth
101.   An offence under section 474.26 of the Criminal Code Act 1995 of the Commonwealth
102.   An offence under section 474.27 of the Criminal Code Act 1995 of the Commonwealth
103.   An offence under section 474.27A of the Criminal Code Act 1995 of the Commonwealth
104.   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 section
105.   An offence under section 8 of the Family Violence Act 2004
106.   An offence under section 9 of the Family Violence Act 2004
107.   An offence under section 71 of the Liquor Licensing Act 1990
108.   An offence under section 6 of the Misuse of Drugs Act 2001
109.   An offence under section 7 of the Misuse of Drugs Act 2001
110.   An offence under section 8 of the Misuse of Drugs Act 2001
111.   An offence under section 10 of the Misuse of Drugs Act 2001
112.   An offence under section 12 of the Misuse of Drugs Act 2001
113.   An offence under section 13 of the Misuse of Drugs Act 2001
114.   An offence under section 14 of the Misuse of Drugs Act 2001
115.   An offence under section 33 of the Poisons Act 1971
116.   An offence under section 7 of the Police Offences Act 1935
117.   An offence under section 7A of the Police Offences Act 1935
118.   An offence under section 8(1A)(a) of the Police Offences Act 1935
119.   An offence under section 13 of the Police Offences Act 1935
120.   An offence under section 13A of the Police Offences Act 1935
121.   An offence under section 13B of the Police Offences Act 1935
122.   An offence under section 13C of the Police Offences Act 1935
123.   An offence under section 14 of the Police Offences Act 1935
124.   An offence under section 14A of the Police Offences Act 1935
125.   An offence under section 21 of the Police Offences Act 1935
126.   An offence under section 26 of the Police Offences Act 1935
127.   An offence under section 35(3) of the Police Offences Act 1935
128.   An offence under section 36 of the Police Offences Act 1935
129.   An offence under section 37(2) of the Police Offences Act 1935
130.   An offence under section 4 of the Sex Industry Offences Act 2005
131.   An offence under section 5 of the Sex Industry Offences Act 2005
132.   An offence under section 7(1)(a) of the Sex Industry Offences Act 2005
133.   An offence under section 7(1)(d) of the Sex Industry Offences Act 2005
134.   An offence under section 7(2) of the Sex Industry Offences Act 2005
135.   An offence under section 8 of the Sex Industry Offences Act 2005
136.   An offence under section 9(1) of the Sex Industry Offences Act 2005
137.   An offence under section 9(2) of the Sex Industry Offences Act 2005
138.   An offence in another jurisdiction that, if committed in Tasmania, would be an offence specified in this Schedule
139.   An offence that includes as an element the intention to commit an offence specified in this Schedule
140.   An offence of attempting, or of conspiracy or incitement, to commit an offence specified in this Schedule
141.   An offence, not already specified in this Schedule, relating to murder
142.   An offence, not already specified in this Schedule, relating to manslaughter
143.   An offence, not already specified in this Schedule, involving the intentional wounding of, or causing of grievous bodily harm to, a child by an adult
144.   A sexual offence, not already specified in this Schedule, committed against, or in the presence of, a child
SCHEDULE 2
[Schedule 2 Revoked by S.R. 2016, No. 98, Applied:23 Nov 2016]

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.