clear deterrent to perpetrators seeking to move consistency across jurisdictions in the offences. SA, TAS, NT into the ACT. and WA do not have any disqualifying offences, although these jurisdictions have agreed to progress work towards is national work being progressed as part of harmonising Working with Children’s Check schemes, a key the harmonisation of WWCC schemes that the ACT component of which will be the development of consistency will be able to leverage off to establish consistent in definitions across jurisdictions. definitions of disqualifying offences. With a view to aligning ACT legislation with at a national Implementation of this recommendation should it is recommended that this amendment be agreed consider feedback from the community to ensure inprinciple but action deferred until the national policy is disqualifying offences are consistent with the delivered. principles of rehabilitation and that people with court ordered Community Service Orders are not With consideration of the findings of the Nous Report, the denied volunteer placement in community intent of the scheme is to protect vulnerable people from organisations. harm and not ensure that all individuals can engage in an activity or service of their choosing, particularly if they are Human rights advice on the implications of this assessed as posing an unacceptable level of risk. recommendation will also need to be considered in implementation. The human rights, natural justice and procedural fairness concerns can be balanced by complementing this provision with an appeals review process in the ACT Civil and Administrative Tribunal (ACAT). Restrict who 17 This proposed recommendation may give This recommendation is unlikely to be commonly adopted, AGREE TO SEEK Further community may apply for a given the portability of the Scheme is designed to enable consultation on this HUMAN RIGHTS Access Canberra the opportunity for applications to registration people to register for the Scheme and undertake multiple ADVICE AND recommendation will be be rejected/declined based on: based on the regulated activities once they have registration. PROGRESS required. This includes regulated OPTIONS considering whether there Timing and roll out of regulated activities; There may be human rights implications in seeking to activity or level are human rights or restrict applications based on the policy settings of the of contact that implications. Scheme and further consultation on this matter will be If the Commissioner believes that a the applicant is required. person does not require a registration; or undertaking. Require an applicant to be supported by an employer prior to lodging an application. strengthening information sharing capabilities
clear deterrent to perpetrators seeking to move into the ACT. is national work being progressed as part of the harmonisation of WWCC schemes that the ACT will be able to leverage off to establish consistent definitions of disqualifying offences. Implementation of this recommendation should consider feedback from the community to ensure disqualifying offences are consistent with the principles of rehabilitation and that people with court ordered Community Service Orders are not denied volunteer placement in community organisations. Human rights advice on the implications of this recommendation will also need to be considered in implementation. consistency across jurisdictions in the offences. SA, TAS, NT and WA do not have any disqualifying offences, although these jurisdictions have agreed to progress work towards harmonising Working with Children’s Check schemes, a key component of which will be the development of consistency in definitions across jurisdictions. With a view to aligning ACT legislation with at a national it is recommended that this amendment be agreed inprinciple but action deferred until the national policy is delivered. With consideration of the findings of the Nous Report, the intent of the scheme is to protect vulnerable people from harm and not ensure that all individuals can engage in an activity or service of their choosing, particularly if they are assessed as posing an unacceptable level of risk. The human rights, natural justice and procedural fairness concerns can be balanced by complementing this provision with an appeals review process in the ACT Civil and Administrative Tribunal (ACAT). Restrict who may apply for a registration based on the regulated activity or level of contact that the applicant is undertaking. 17 This proposed recommendation may give Access Canberra the opportunity for applications to be rejected/declined based on: Timing and roll out of regulated activities; or If the Commissioner believes that a person does not require a registration; or Require an applicant to be supported by an employer prior to lodging an application. This recommendation is unlikely to be commonly adopted, given the portability of the Scheme is designed to enable people to register for the Scheme and undertake multiple regulated activities once they have registration. There may be human rights implications in seeking to restrict applications based on the policy settings of the Scheme and further consultation on this matter will be required. AGREE TO SEEK HUMAN RIGHTS ADVICE AND PROGRESS OPTIONS Further community consultation on this recommendation will be required. This includes considering whether there are human rights implications. strengthening information sharing capabilities
Working-with-Vulnerable-People-Act-Legislative-Review.docx