At the moment, Access Canberra has experienced clarity, the ability to regulate this provision is compromised some difficulty in being able to provide sufficient and places vulnerable people and the government at risk. evidence that a person engaging in a regulated activity. By providing a more definitive description of when a person is engaged in a regulated activity will add a greater protection to vulnerable people. Currently, there is too much ambiguity in when a person is considered to be engaging in a regulated activity, and what that regulated activity is, which is difficult to defend in court. Who is 11 Access Canberra has identified an operational and is the need to provide further definition about when an AMEND It is not considered considered to compliance constraint when identifying who an organisation/business is considered to be the employer of a necessary to undertake be an employer employer is. Stakeholders have experienced registered person. further community confusion who the employer is, and therefore consultation around this This will ease confusion in the community who is with whom any obligation and liability lies, recommendation. responsible for the administration and regulation of a particularly with multi-layer organisations such as registered person and who bears the liability for ACT Rugby League. This will also enhance the compliance capabilities by providing clear information about who is the employer, particularly in multi-layer organisations Conduct a The Risk Assessment Guidelines (the Guidelines) The Guidelines in current form are complex and open AMEND Further community thorough provide a framework for how a risk assessment to subjectivity and misinterpretation by decision-makers. consultation is considered review of the should be conducted and provides minimum necessary regarding this It is also proposed the Guidelines be supported with Risk considerations for the Commissioner. recommendation. operational policy guidelines for decision-making to Assessment On review, the guidelines are complex and require complement and strengthen decision making under the This work will be Guidelines some refinement to produce a more consistent revised guidelines. progressed as part of the approach to decision-making and outcomes. development of a detailed External stakeholders and ACAT have also identified implementation plan for concerns regarding the ability to achieve the legislative changes. consistency in application and decision making under the current risk assessment guidelines.
At the moment, Access Canberra has experienced some difficulty in being able to provide sufficient evidence that a person engaging in a regulated activity. By providing a more definitive description of when a person is engaged in a regulated activity will add a greater protection to vulnerable people. Currently, there is too much ambiguity in when a person is considered to be engaging in a regulated activity, and what that regulated activity is, which is difficult to defend in court. clarity, the ability to regulate this provision is compromised and places vulnerable people and the government at risk. Who is considered to be an employer 11 Access Canberra has identified an operational and compliance constraint when identifying who an employer is. Stakeholders have experienced confusion who the employer is, and therefore with whom any obligation and liability lies, particularly with multi-layer organisations such as ACT Rugby League. is the need to provide further definition about when an organisation/business is considered to be the employer of a registered person. This will ease confusion in the community who is responsible for the administration and regulation of a registered person and who bears the liability for This will also enhance the compliance capabilities by providing clear information about who is the employer, particularly in multi-layer organisations AMEND It is not considered necessary to undertake further community consultation around this recommendation. Conduct a thorough review of the Risk Assessment Guidelines The Risk Assessment Guidelines (the Guidelines) provide a framework for how a risk assessment should be conducted and provides minimum considerations for the Commissioner. On review, the guidelines are complex and require some refinement to produce a more consistent approach to decision-making and outcomes. External stakeholders and ACAT have also identified concerns regarding the ability to achieve consistency in application and decision making under the current risk assessment guidelines. The Guidelines in current form are complex and open to subjectivity and misinterpretation by decision-makers. It is also proposed the Guidelines be supported with operational policy guidelines for decision-making to complement and strengthen decision making under the revised guidelines. AMEND Further community consultation is considered necessary regarding this recommendation. This work will be progressed as part of the development of a detailed implementation plan for the legislative changes.
Working-with-Vulnerable-People-Act-Legislative-Review.docx