Working with Vulnerable People (Background Checking) Act 2011

This section applies to an unregistered person if—

the person has applied for registration under section 17; and

the commissioner has not—

imposed an interim bar on the person under section 15A; or

registered the person under section 41; or

given the person a negative notice under section 40; and

the person has not withdrawn the application.

The person may engage in a regulated activity for which the person is required to be registered if—

the person is eligible; and

the person included a named employer for the activity on the person’s application for registration; and

Named employer—see s 18 (1) (d) (i).

the named employer has agreed to engage the person in the activity; and

a registered person is present at all times while the unregistered person is engaged in the activity; and

for an NDIS activity—

the person is registered under a corresponding law; or

if the person is not registered under a corresponding law—

the employer has put in place strategies to manage any potential risk of harm to a vulnerable person; and

the registered person mentioned in paragraph (d) is registered to engage in an NDIS activity.

An unregistered person who is engaging in a regulated activity under this section commits an offence under s 13 if the person continues to engage in the activity after—

the person’s application for registration is withdrawn (see s 20); or

the person is given a negative notice (see s 40).

To remove any doubt, nothing in this section prevents an employer refusing to engage an unregistered person in a regulated activity.

In this section:

the person has not previously been given a negative notice under this Act or a corresponding law; and

the person has not had a previous registration suspended or cancelled; and

the person’s most recent registration (if any) was not conditional.