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The Commissioner for Fair Trading must conduct a risk assessment on every applicant for a working with vulnerable people registration. In accordance with section 32 of the Working with Vulnerable People (Background Checking) Act 2011 (the Act) this risk assessment must be conducted in accordance with the Risk Assessment Guidelines .
The Risk Assessment Guidelines outline the process by which criminal history, non-conviction history, registration history and other information will be considered. S26 of the Act identifies relevant offences for the Act. If you have a criminal history, the Guide to Relevant Offences provides a general guide to the types of offences that fall into the relevant offence category. Each offence, will however, be considered on a case-by-case basis for relevance.
Risk Assessment Outcomes
General Registration
Where a person poses no risk or an acceptable risk of harm to a vulnerable person (i.e. they receive a positive risk assessment), they will be issued with a general registration which allows the person to work or volunteer in all regulated activities for up to three (3) years without the need to reapply.
Conditional Registration
Where specific risks are identified, a condition/s may be proposed to reduce the level of risk to an acceptable level. The applicant will be notified of the proposed condition/s, and has the opportunity (time limits apply) to request reconsideration of the condition/s and provide any supporting information.
If satisfied that the condition/s are necessary, the Commissioner for Fair Trading will issue a conditional registration which puts restrictions on the way in which the person engages in a regulated activity.
Role-based Registration
Role-based registration is a form of conditional registration that allows a person who would otherwise be issued a negative notice, but who has lived experience that is valued by an employer, to be registered in a specific role for that employer. The applicant will be notified of the proposed role-based registration, and has the opportunity (time limits apply) to request reconsideration of the role-based registration and provide any supporting information.
To be issued a role-based registration it is necessary for the named employer to provide the Commissioner for Fair Trading with information on the role the applicant would do, and the employers Risk Management Strategy (various documentation on policies and procedures that ensure adequate supervision of the person, and the ongoing safety and wellbeing of vulnerable people who access services provided by the employer).
If satisfied that the person still poses an unacceptable risk of harm, the negative notice will be issued. This means the applicant will not be registered to engage in regulated activities under the Working with Vulnerable People (Background Checking) Act 2011.
The Guide to the Empmoyer Risk Management Strategy
Negative Risk Assessment
Where a person poses an unacceptable risk of harm to a vulnerable person they will be issued with a proposed negative notice. The applicant will have the opportunity (time limits apply) to request reconsideration of the negative notice and provide any supporting information.
If satisfied that the person still poses an unacceptable risk of harm, the negative notice will be issued. This means the applicant will not be registered to engage in regulated activities under the Working with Vulnerable People (Background Checking) Act 2011.
