Registration to Work with Vulnerable People Act 2013

In this section – approved risk management plan means a plan in a form approved by the Registrar for the purposes of this section; eligible person means a person – who has not previously been given a negative notice or a substantially similar notice under a corresponding law; and who has not had a previous registration suspended or cancelled; and whose most recent registration, if any, was not conditional.

This section applies to an eligible person who is not registered if – the person has applied for registration under section 19; and the Registrar has not – registered the person; or provided to the person a negative notice in relation to the application; or provided to the person a notice under subsection (5); and the person has not withdrawn the application.

An eligible person may engage in a regulated activity for which he or she is required to be registered if – the eligible person included a named employer for the regulated activity on his or her application for registration; and the named employer has agreed to engage the eligible person in the regulated activity; and the named employer is satisfied that the eligible person has applied for registration under section 19 and that the application has not been determined; and the named employer – has an approved risk management plan that is relevant to the eligible person being engaged in that regulated activity for that named employer; and is implementing that plan in respect of the eligible person while the eligible person is engaged in that regulated activity under this section; and unless the regulations have prescribed that this paragraph does not apply to the regulated activity, a registered person is present at all times while the unregistered person is engaged in the regulated activity.

At any time after receiving an application for registration, the Registrar may determine that the applicant is not entitled, under subsection (3), to engage in the regulated activity specified in the application if, after taking into account relevant information – the Registrar reasonably suspects that the applicant may be – refused registration; or issued with a negative notice; or the Registrar is satisfied that the applicant is subject to a determination, under a corresponding law, that is equivalent to a determination under this subsection.

On making a determination under subsection (4), the Registrar is to provide the applicant, and all relevant named employers in the application, with a notice stating that the applicant is not entitled to engage in the regulated activity before the person is registered.

An applicant who is the subject of a determination made under subsection (4) may, at any time after 6 months after the notice in respect of that determination is provided to the applicant under subsection (5), apply to the Registrar to review that determination.

On receiving an application under subsection (6) to review a determination, the Registrar may – confirm that determination; or reverse that determination.

On completing a review under subsection (7), the Registrar is to provide the applicant, and all relevant named employers notified under subsection (5) in relation to the original application, with a notice stating whether or not the applicant is entitled to engage in the regulated activity before the person is registered.