Registration to Work with Vulnerable People Act 2013

Registration to Work with Vulnerable People Act 2013

This Act may be cited as the Registration to Work with Vulnerable People Act 2013.

The provisions of this Act commence on a day or days to be proclaimed.

The object of this Act is to protect vulnerable persons from the risk of harm by –

preventing certain people from engaging in regulated activities; and requiring persons engaged in regulated activities to be registered; and requiring risk assessments to be undertaken – in relation to persons wishing to be registered to engage in regulated activities; and in certain circumstances in relation to persons who are registered to engage in regulated activities.

In this Act, unless the contrary intention appears –

additional risk assessment means a risk assessment to which section 46(2)(a) applies;

another jurisdiction means another State, a Territory or the Commonwealth;

category of registration means a category of registration that is specified in section 4A or that is prescribed in accordance with that section;

child means a person who has not attained the age of 18 years;

class of vulnerable persons, in relation to a category of registration, means the class of persons specified in section 4A(3) in respect of the category of registration;

conditional registration means a registration that is subject to conditions;

corresponding law means – a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or a law of another jurisdiction prescribed by the regulations as a corresponding law;

criminal history, in relation to a person, means any convictions of, and findings of guilt against, the person for relevant offences, other than an annulled conviction, within the meaning of the Annulled Convictions Act 2003;

criminal intelligence information means information that relates to criminal activities and is obtained from – the Commissioner of Police; or any other entity, or body, responsible for the enforcement of laws of the Commonwealth or of this or any other State or of a Territory;

determined, in relation to a regulated activity, means determined under section 7A;

disqualifying offence means an offence that is specified in an order under section 54D to be a disqualifying offence;

employer, in relation to a regulated activity, has the meaning given by section 7;

engaged, in relation to a regulated activity, has the meaning given by section 5;

entity means – an individual; or an individual occupying a position; or a Tasmanian public authority; or a body of persons, corporate or unincorporate;

named employer, in relation to a regulated activity, means the employer named on an application for registration in accordance with section 20(1)(e)(i);

NDIS participant means a participant, within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth;

negative notice means a notice provided under section 32(3)(a) that notifies a person that the Registrar refuses to register the person and the reasons for the refusal;

negative risk assessment means the determination by the Registrar, following a risk assessment of a person, that the Registrar is satisfied that the person poses an unacceptable risk of harm to a vulnerable person;

non-conviction information, in relation to a person, means any of the following information about a relevant offence or alleged relevant offence:the person has been charged with the offence but – a proceeding for the alleged offence is not finalised; or the charge has lapsed, been withdrawn, been discharged or been struck out; the person has been acquitted of the alleged offence; the person has been served with an infringement notice for the alleged offence; the person has had a conviction for the offence annulled, within the meaning of the Annulled Convictions Act 2003;

other jurisdiction's public authority means – a government department or agency of the government of another jurisdiction, or part of such a government department or agency; or a university established under the law of another jurisdiction; or a police service of another jurisdiction; or a municipal council of another jurisdiction; or a statutory authority established by or under an Act of another jurisdiction; or a body, whether corporate or unincorporate, that is established by or under an Act of another jurisdiction for a public purpose; or a company incorporated under the Corporations Act that is controlled by one or more municipal councils of another jurisdiction or another company that is so controlled; or a company incorporated under the Corporations Act that is controlled by – the Crown in right of that other jurisdiction; or a statutory authority referred to in paragraph (e); or another company incorporated under the Corporations Act that is so controlled;

proposed conditional registration notice means a notice provided under section 36(1) that notifies a person that the Registrar intends to register the person conditionally;

proposed negative notice means a notice provided under section 30(1) that notifies a person that the Registrar intends to refuse to register the person;

Register means the register established and maintained by the Registrar under section 11B;

Registrar means the person appointed as Registrar under section 11;

registration– means registration under section 33; or in relation to a corresponding law, means registration, licensing or other authorisation under the corresponding law;

registration card means a working with vulnerable people registration card provided to a person under section 42(1);

registration number means the unique identifying number specified on a person's registration card in accordance with section 42(2)(c);

regulated activity means – an activity or service prescribed for the purposes of section 4A in respect of a category of registration; and an activity or service determined under section 7A in respect of a category of registration;

regulations means regulations made and in force under this Act;

relevant offence means – an offence under the Poisons Act 1971 or the Misuse of Drugs Act 2001 or a similar offence committed in another jurisdiction or elsewhere; or any of the following offences, whether committed in Tasmania, another jurisdiction or elsewhere:a sexual offence; an offence against a person; an offence involving violence; an offence involving dishonesty or fraud; an offence relating to property; an offence against an animal; a driving offence; or a disqualifying offence; or an offence, whether committed in Tasmania, another jurisdiction or elsewhere, relating to another offence specified in this definition and comprising any of the following behaviours:attempting to commit the offence; inciting, instigating, aiding or abetting the commission of the other offence; being an accessary after the fact to the other offence;

reportable behaviour means behaviour of a kind prescribed by the regulations to be reportable behaviour;

reporting body means – an agency, within the meaning of the State Service Act 2000; or the Police Service; or any body or person (other than the Registrar) that is responsible, under an Act, for the registration, licensing or other authorisation of persons enabling them to work, whether or not for financial or other material benefit or reward, in an activity that is a regulated activity; or any other entity, or other body, prescribed by the regulations to be a reporting body;

required to be registered means required by section 15 to be registered to engage in a regulated activity;

risk assessment, in relation to a person, has the meaning given by section 25;

risk assessment order means an order made by the Minister under section 26 and in force;

role-based registration means the registration of a person that is subject to the condition set out in section 35(2)(f) that the person may engage only in the specified regulated activities for the specified employer;

State-owned company means a company incorporated under the Corporations Act that is controlled by – the Crown; or a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995; or a statutory authority; or another company incorporated under the Corporations Act that is so controlled;

statutory authority means a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority but does not include an Agency, within the meaning of the State Service Act 2000;

taking part, in relation to a regulated activity, includes, but is not limited to – providing a service; and being provided with a service; and supervising, coaching or instructing a group or team; and being a member of a group or team;

Tasmanian public authority means – an Agency, within the meaning of the State Service Act 2000, or part of such an Agency; or the University of Tasmania; or the Police Service; or a council; or a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995; or a statutory authority; or a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose; or a company incorporated under the Corporations Act that is controlled by one or more councils or another company that is so controlled; or a State-owned company;

vulnerable person has the meaning given by section 4;

working day means any day other than a Saturday or Sunday or a statutory holiday within the meaning of the Statutory Holidays Act 2000.

In this Act –

vulnerable person means – a child; or an adult in respect of whom a regulated activity is provided.

For the purposes of this Act, the following are the categories of registration:child-related activity; vulnerable adult-related activity; child and vulnerable adult-related activity; child and vulnerable adult-related (NDIS endorsed) activity; a category of activity or service prescribed by the regulations as a category of registration.

For the purposes of this Act, an activity or service may be prescribed, or determined, in respect of a category of registration.

An activity or service may only be prescribed, or determined, in respect of – the category of registration referred to as child-related activity – if the activity or service relates to or involves a child; or the category of registration referred to as vulnerable adult-related activity – if the activity or service relates to or involves an adult who is a vulnerable person; or the category of registration referred to as child and vulnerable adult-related activity – if the activity or service relates to or involves a vulnerable person other than an NDIS participant; or the category of registration referred to as child and vulnerable adult-related (NDIS endorsed) activity – if the activity or service relates to or involves an NDIS participant; or a category of activities or services prescribed by the regulations as, or determined under section 7A in respect of, a category of registration – if the activity or service relates to or involves a vulnerable person.

A person, including a vulnerable person, is engaged in a regulated activity if the person – has contact with a vulnerable person as part of taking part in the regulated activity; and is taking part in the regulated activity in any capacity and whether – for reward or not; or under an arrangement with another person or otherwise. Examples of some types of capacity in which a person can engage in an activity are as follows:employee; contractor or subcontractor; consultant; self-employed person; apprentice; volunteer; agent; supervisor; person on a work experience placement for an educational or vocational course; person carrying out work for a sentence, including a community service order; member of a management committee of an unincorporated body or association; minister of religion for a religious organisation.

Also, a person, including a vulnerable person, is engaged in a regulated activity if – the regulated activity is conducted in residential premises; and the person resides in the residential premises; and the person, although not taking part in the regulated activity, may meet or be in the immediate vicinity of a vulnerable person who is at the premises for the purpose of taking part in the regulated activity.

In this Act –

contact, between a person and a vulnerable person as part of taking part in a regulated activity, means contact that – would reasonably be expected as a normal part of taking part in the regulated activity; and is more than incidental, within the meaning of section 6 of the National Disability Insurance Scheme (Practice Standards – Worker Screening) Rules 2018 of the Commonwealth, to taking part in the regulated activity; and is one or more of the following:physical contact, including taking part in the regulated activity at the same place as the vulnerable person; oral communication, whether face-to-face or by telephone; written communication, including electronic communication.

In this Act –

employer, in relation to a regulated activity, means an entity for whom a person engages in the regulated activity.

Examples of what constitutes an employer are as follows:principal contractor is an employer of a subcontractor; charitable organisation is an employer of a volunteer; religious organisation is an employer of a minister of religion.

The Minister, by notice published in the Gazette, may determine an activity or service to be an interim regulated activity in respect of a category of registration.

The determination takes effect on – the day on which the notice is published in the Gazette; or a later day specified in the notice.

The determination ceases to have effect when the first of the following occurs:it is revoked by the Minister by notice published in the Gazette; the expiration of the period of 6 months commencing on the day on which the determination takes effect.

A notice under this section is not a statutory rule for the purposes of the Rules Publication Act 1953.

In the administration of this Act, the safety, welfare and protection of vulnerable persons is to be the paramount consideration at all times.