Australian Capital Territory Numbered Acts

WORKING WITH VULNERABLE PEOPLE (BACKGROUND CHECKING) AMENDMENT ACT 2020 (NO. 29 OF 2020) - SECT 47

in division 6.4, insert

56A     Automatic cancellation—class A disqualifying offence

    (1)     A person's registration is automatically cancelled if—

        (a)     the person is registered to engage in—

              (i)     a regulated activity involving children; or

              (ii)     an NDIS activity; and

        (b)     the person is not eligible, or stops being eligible, under section 17 (1A) to be registered to engage in the activity.

Note     Under s 17 (1A), a person is not eligible to be registered to engage in a regulated activity involving children or an NDIS activity if the person has an adult conviction or finding of guilt for a class A disqualifying offence.

    (2)     As soon as the commissioner becomes aware of the person's ineligibility, the commissioner must—

        (a)     tell the person, in writing, that their registration is cancelled; and

        (b)     tell the person's employer, in writing, that the person's registration is cancelled.

Note     A registered person must tell the commissioner if they are charged with, or convicted or found guilty of, a disqualifying offence (see  s 55).

    (3)     For subsection (2) (b), the commissioner must not, without the person's consent, tell the person's employer the ground for suspension or cancellation.