Working With Vulnerable People (Background Checking) Regulation 2012

This regulation is the Working with Vulnerable People (Background Checking) Regulation 2012.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation.

Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

For an application for registration to engage in a regulated activity involving children—a written statement about the following matters is prescribed:

whether the applicant has ever received a negative notice (however described) for engaging in a regulated activity involving children under a corresponding law;

whether the applicant has ever had their registration for engaging in a regulated activity involving children cancelled under a corresponding law.

The following information is prescribed:

a statement about the activities the person will be engaged in for the employer;

a risk management strategy for the employer.

In this section:

risk management strategy, for an employer, means a document containing the following:

a statement about the employer’s commitment to the safety and wellbeing of vulnerable people;

a code of conduct for people engaged by the employer;

policies and procedures for handling complaints relating to the treatment of vulnerable people, including guidelines for reporting and handling incidents, disclosures or suspicions of harm caused by a person engaged by the employer to a vulnerable person;

a policy for disciplining people engaged by the employer who breach the risk management strategy;

policies and procedures for compliance with the Act, including—

implementing and reviewing the risk management strategy; and

keeping written records about each person engaged by the employer;

Example—subpar (ii)

date of expiry of a person’s role-based registration

strategies for communication and support, including training materials for people engaged by the employer to—

help identify risks of harm to vulnerable people; and

give instructions for how to handle disclosures or suspicions of harm to vulnerable people; and

outline the employer’s risk management strategy.

This section applies if—

an employer engages a person in a regulated activity; and

the person has a role-based registration.

The employer must give the commissioner written notice of the following:

a change in a program or regulated activity in which the person is engaged that is likely to affect the conditions of the person’s role-based registration;

a change in the information given to the commissioner under the Act, section 42B (3).

The following laws, as in force from time to time, are prescribed:

Child Protection (Working with Children) Act 2012 (NSW);

Worker Screening Act 2020 (Vic);

Working with Children (Risk Management and Screening) Act 2000 (Qld);

Working with Children (Screening) Act 2004 (WA);

Child Safety (Prohibited Persons) Act 2016 (SA);

Registration to Work with Vulnerable People Act 2013 (Tas);

Care and Protection of Children Act 2007 (NT).