Unregistered person may engage in regulated activity in special circumstances
18A Unregistered person may engage in regulated activity in special circumstances
In this section – relevant regulated activity means a regulated activity that is prescribed by the regulations to be a relevant regulated activity, in relation to a class of vulnerable persons, for the purposes of this section; special circumstances, in relation to a relevant regulated activity, means circumstances that are prescribed by the regulations to be special circumstances in relation to that relevant regulated activity.
A person may engage in, in relation to a class of vulnerable persons, a relevant regulated activity for which he or she is required to be registered if special circumstances exist – for a period not exceeding 7 continuous days (including the day on which the person first engages in the relevant regulated activity); or if the person applies for registration within 7 days after first engaging, in relation to a class of vulnerable persons, in the relevant regulated activity, for the period commencing on the day on which the person first engages in that activity and ending – if the Registrar registers the person, when that registration takes effect; or if the Registrar refuses to register the person and the person does not apply for a review of the decision within the period specified in section 74A(1) of the Tasmanian Civil and Administrative Tribunal Act 2020, on the expiration of the prescribed period; or if the Registrar refuses to register the person and the person applies for a review of the decision under the Tasmanian Civil and Administrative Tribunal Act 2020, when the review is determined by the Tasmanian Civil and Administrative Tribunal or, if that determination is that the application for registration is remitted to the Registrar for further determination, when the Registrar on further determination either registers the person or notifies the person that registration is refused.
For the purpose of determining the number of days for which a person is engaged, in relation to a member of a class of vulnerable persons, in a relevant regulated activity, any engagement, in relation to a member of the class of vulnerable persons, in the regulated activity on a particular day, regardless of the actual time spent engaging in that activity on that day, is taken to be engagement in the regulated activity for the whole of that particular day.
This provision refers to the regulations (prescribed by the regulations
, prescribed period
). Made under this Act:
- Registration to Work with Vulnerable People (NDIS Disqualifying Offences) Order 2020 · Regulation · under section 54D
- Registration to Work with Vulnerable People (Risk Assessment for Child-related Activities) Order 2014 · Regulation · under section 26
- Registration to Work with Vulnerable People (Risk Assessment for NDIS Endorsed Activities) Order 2020 · Regulation · under section 26
2 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory notesSecond reading speech
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