Page 4868 - Week 12 - Tuesday, 25 October 2011
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Other independent advisers must have experience or expertise in relation to migrants and refugees; forensic or clinical psychology; children and young people; people with a disability; people with mental illness; drug and alcohol dependencies; or any other field necessary. The appointment of the independent advisers will be notified. Independent advisers to the commissioner will not be convened as a group. The commissioner will remain the final decision maker and an applicant may still seek a review of the commissioner’s decision.
The method for the commissioner to seek advice from independent advisers and the method of providing advice to the commissioner will be determined by the implementation working group. The implementation working group is to be established following the notification of the working with vulnerable people legislation. This amendment addresses comments made during consultation and by the Human Rights and Discrimination Commissioner.
Government amendment 26 is to clause 33 which provides the steps that must be taken by a person seeking a reconsideration of a proposed negative notice. Government amendment 26 changes the grounds on which a person can seek a review of the proposed negative notice. The person will ask the commissioner in writing to reconsider the decision rather than provide evidence of incomplete or incorrect information. This amendment addresses comments made by the scrutiny of bills committee.
Consultations with key stakeholders identified that the meaning of “position-based” registration needed to be clarified. Key stakeholders agreed that the use of role-based registration was preferable. Role-based registration refers to a person’s role in a regulated activity or service; whether the person can be registered to work in a role; and whether the person can be registered to perform a set of activities. The use of the word “position” was considered a limited definition. Government amendment 32 proposes to substitute “position-based” with “role-based” in the bill and addresses comments made from the community.
Government amendment 38 to clause 39 provides the steps that must be taken by a person seeking reconsideration of a proposed conditional registration. Government amendment 38 changes the grounds, provided in the bill, on which a person can seek a review of a proposed conditional registration. The person will ask the commissioner in writing to reconsider the decision rather than provide evidence of incomplete or incorrect information. The proposed amendment also compels the commissioner to undertake a revised risk assessment as soon as practicable on receipt of a person’s request for review. This amendment addresses comments made by the scrutiny of bills committee.
Government amendment 44 proposes to add a new clause to the bill which provides for a registered person to seek amendment of their conditional registration. A person holding a conditional registration, including role-based registration, may apply in writing to the commissioner to seek the removal or amendment of a condition of the registration. If the commissioner amends a person’s registration or refuses to amend a person’s registration, the commissioner must tell the person in writing of the reasons
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