greater leeway to propose less-restrictive conditions on a registered person while their additional risk assessment is undertaken. This process will help mitigate potential risk to vulnerable people by imposing conditions on the registered person, such as supervised activity, while not prohibiting the registered person in engaging in paid employment while the risk assessment process is completed. Introduction of This recommendation to address The risk to vulnerable people is currently mitigated by the AGREE TO SEEK Further community disqualifying administrative pressures on the Scheme and to Scheme by imposing conditions or issuing a negative notice HUMAN RIGHTS consultation is considered offences strengthen protections for vulnerable people by to people identified as posing an unacceptable level of risk ADVICE AND necessary regarding this introducing disqualifying offences. It seeks to to the Scheme. This protection could be heightened by PROGRESS recommendation. exclude people from applying for the Scheme who preventing people with certain offences from applying at all. OPTIONS Consideration of human present an unacceptable level of risk to vulnerable This would also ease the administrative burden on Access rights implications will also people due to prior criminal history. Canberra by reducing the high administrative burden of be required. undertaking very complex risk assessments unnecessarily. There is a high administrative burden associated with background checking people who have applied Currently, there is no automatic exclusion from the Scheme under the Scheme but who, because of their prior for individuals who have committed certain serious criminal history, will never be granted registration. offences. All applications must be considered against the Risk Assessment Guidelines using 1. Relative Severity “Table While low in numbers, the administrative of Offence Categories” and 2. Summary of Factors “Table processing of these applications is disproportionate Considered by the Commissioner”. Table 1 provides a tool to the level of protection afforded vulnerable to guide how severe an offence is and how the offence people, as the outcome for people with these should be treated (i.e. for a sexual offence against a child offences will be the issue of a negative notice. the offence should be treated with a negative notice unless otherwise satisfied). The introduction of disqualifying offences will create administrative efficiencies in the This recommendation also aligns with findings from the administration of the Scheme through a reduction Royal Commission and is consistent with national work of risk assessments. required to move towards a harmonised approach to jurisdictional background checking schemes. Disqualifying offences that are consistent with those of other jurisdictional schemes establish a NSW, QLD and VIC background checking schemes all have disqualifying offences, although there is currently no
greater leeway to propose less-restrictive conditions on a registered person while their additional risk assessment is undertaken. This process will help mitigate potential risk to vulnerable people by imposing conditions on the registered person, such as supervised activity, while not prohibiting the registered person in engaging in paid employment while the risk assessment process is completed. Introduction of disqualifying offences This recommendation to address administrative pressures on the Scheme and to strengthen protections for vulnerable people by introducing disqualifying offences. It seeks to exclude people from applying for the Scheme who present an unacceptable level of risk to vulnerable people due to prior criminal history. There is a high administrative burden associated with background checking people who have applied under the Scheme but who, because of their prior criminal history, will never be granted registration. While low in numbers, the administrative processing of these applications is disproportionate to the level of protection afforded vulnerable people, as the outcome for people with these offences will be the issue of a negative notice. The introduction of disqualifying offences will create administrative efficiencies in the administration of the Scheme through a reduction of risk assessments. Disqualifying offences that are consistent with those of other jurisdictional schemes establish a The risk to vulnerable people is currently mitigated by the Scheme by imposing conditions or issuing a negative notice to people identified as posing an unacceptable level of risk to the Scheme. This protection could be heightened by preventing people with certain offences from applying at all. This would also ease the administrative burden on Access Canberra by reducing the high administrative burden of undertaking very complex risk assessments unnecessarily. Currently, there is no automatic exclusion from the Scheme for individuals who have committed certain serious offences. All applications must be considered against the Risk Assessment Guidelines using “Table 1. Relative Severity of Offence Categories” and “Table 2. Summary of Factors Considered by the Commissioner”. Table 1 provides a tool to guide how severe an offence is and how the offence should be treated (i.e. for a sexual offence against a child the offence should be treated with a negative notice unless otherwise satisfied). This recommendation also aligns with findings from the Royal Commission and is consistent with national work required to move towards a harmonised approach to jurisdictional background checking schemes. NSW, QLD and VIC background checking schemes all have disqualifying offences, although there is currently no AGREE TO SEEK HUMAN RIGHTS ADVICE AND PROGRESS OPTIONS Further community consultation is considered necessary regarding this recommendation. Consideration of human rights implications will also be required.
Working-with-Vulnerable-People-Act-Legislative-Review.docx