Registration to Work with Vulnerable People Regulations 2024

Registration to Work with Vulnerable People Regulations 2024

20 June 2024

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Registration to Work with Vulnerable People Act 2013.

These regulations may be cited as the Registration to Work with Vulnerable People Regulations 2024.

These regulations take effect on 25 June 2024.

In these regulations –

Act means the Registration to Work with Vulnerable People Act 2013;

TasTAFE means TasTAFE as continued by the TasTAFE (Skills and Training Business) Act 2021.

In this Division – child care Department means the department responsible for the administration of the Education and Care Services National Law (Application) Act 2011; child care service means – an education and care service as defined in the Education and Care Services National Law (Tasmania); or a child care service as defined in section 3(1) of the Child Care Act 2001; or child care as defined in section 4 of the Child Care Act 2001;

child-related commercial service means – a service or activity at a sporting, cultural or entertainment venue that is provided on a commercial basis primarily for children; or an entertainment service or party service that is provided on a commercial basis primarily to or for children;

child-related religious activity means – a religious service conducted by a minister, priest, rabbi or other religious leader or spiritual officer in a religious organisation for a congregation that consists of or includes children; or an activity or service provided for children which is conducted by or for the purposes of a religious organisation;

child-related service means one or more of the following services:a child care service; a coaching or tuition service; a child-related commercial service; a child-related religious activity; a club or association activity; close relative, in relation to a vulnerable person, means the vulnerable person’s – husband or wife, or partner within the meaning of the Relationships Act 2003; or father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or uncle, aunt, uncle-in-law or aunt-in-law; or nephew, niece or cousin – but does not include a person referred to in paragraph (a), (b), (c), (d), (e) or (f) if that person has been given the care of the vulnerable person under section 69(1)(a) of the Children, Young Persons and Their Families Act 1997.club or association activity means a cultural, recreational, sporting or community activity or service provided primarily for children by a club, association, movement, society or other similar body;

coaching or tuition service means a service involving coaching or tutoring children including, but not limited to, coaching and tutoring in a sport, driving, singing, a musical instrument, dance or educational matters; day includes part of a day; religious community service organisation means an organisation that is based in religion but that provides only practical or support services;

religious organisation means an organisation which conducts religious services to congregations or carries out religious work but does not include a religious community service organisation; safety screening clearance means a safety screening clearance issued by the child care Department for the purposes of the Education and Care Services National Regulations; school means – a State school within the meaning of the Education Act 2016; or a registered school within the meaning of the Education Act 2016; or a centre, unit or institute of the State which provides educational instruction at any level up to, and including, the final year of secondary education, including TasTAFE as continued by the TasTAFE (Skills and Training Business) Act 2021.

Unless the contrary intention appears, an expression that is used in these regulations and the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018 of the Commonwealth or the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018 of the Commonwealth has, in these regulations, the same meaning respectively as in those rules.

For the purposes of section 4A(2) of the Act, the following activities are prescribed as regulated activities:

in respect of the category of registration referred to as child-related activity, a child-related service;

in respect of the category of registration referred to as child and vulnerable adult-related (NDIS endorsed) activity, the activities, referred to as a class of supports, specified in the table in subsection 20(3) of the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018of the Commonwealth in – items 2, 4, 6, 7, 10, 14, 15, 16, 17, 18, 19, 21, 25, 26, 27, 28, 29, 33, 34, 35, 36; and item 8, in so far as the activity is in relation to specialised transport to school, an educational facility, employment or a community activity.

For the purposes of section 15(2)(d) of the Act, the following classes of persons are prescribed as not being required to be registered to engage in a child-related activity:

performers, and other persons employed for the purposes of a performance, in children's entertainment who are not in direct physical contact with the child audience and who do not otherwise engage in the child-related activity in any other capacity that would require registration;

performers, and other persons employed for the purposes of a performance, who work alongside child performers and who do not otherwise engage in the child-related activity in any other capacity that would require registration;

employees at a party venue who do not have contact with children as part of the party activities and who do not otherwise engage in the child-related activity in any other capacity that would require registration;

employees at a party venue who do not have contact with children other than to serve food or drink and who do not otherwise engage in the child-related activity in any other capacity that would require registration;

suppliers of food, drink or equipment for a sporting, cultural or other entertainment venue and who do not otherwise engage in the child-related activity in any other capacity that would require registration.

For the purposes of section 15(2)(d) of the Act, the following classes of persons are prescribed as not being required to be registered to engage in a child-related activity:

persons engaged in providing coaching or tutoring to the general public in situations where no coaching or tuition is provided to children separately from adults and who do not otherwise engage in the child-related activity in any other capacity that would require registration;

persons engaged in providing coaching or tutoring as part of an informal arrangement with a neighbour, friend or relative and who do not otherwise engage in the child-related activity in any other capacity that would require registration.

For the purposes of section 15(2)(d) of the Act, persons who are engaged in a child-related activity in no other capacity than as members of a congregation at a religious service, and who do not otherwise engage in the child-related activity in any other capacity that would require registration, are prescribed as not being required to be registered to engage in the child-related activity.

For the purposes of section 15(2)(d) of the Act, the following classes of persons are prescribed as not being required to be registered to engage in a child-related activity:

lifeguards and lifesavers providing lifesaving services who do not otherwise engage in the child-related activity in any other capacity that would require registration;

referees, umpires, linespersons or other sporting officials or grounds persons who are not in contact with children at sporting events for extended periods without other adults being present (other than track officials at children's athletic meets) and who do not otherwise engage in the child-related activity in any other capacity that would require registration;

parents of children at a sporting, cultural or entertainment event if the parents are spectators only and if they do not otherwise engage in the child-related activity in any other capacity that would require registration;

administrative staff of a club, organisation, movement, society or other body if their usual duties do not bring them into contact with children and if they do not otherwise engage in the child-related activity in any other capacity that would require registration.

For the purposes of section 15(2)(d) of the Act, the following classes of persons are prescribed as not being required to be registered to engage in a child and vulnerable adult-related (NDIS endorsed) activity:

a person specified in paragraph 14(1)(a) or (c) of the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018; a person who is a worker of a registered NDIS provider complying with paragraph 14(1)(b) of the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018.

For the purposes of section 15(2)(e) of the Act, a person is not required to be registered to engage in a child-related activity in the following circumstances:

if the person is a close relative of each child who is taking part in the activity and with whom the person has contact;

if the person is engaged in the activity as a volunteer and – is a close relative of a child taking part, or who normally takes part, in the activity; and a close relative of each other child taking part in the activity is engaged, or is expected to be engaged, in the activity;

if the person is engaged in the activity in the same capacity as the child with whom the person has contact;

if the person is an employer or supervisor of a child, unless the child is engaged in a regulated activity;

if the person is engaged in the activity as a correctional officer, within the meaning of the Corrections Act 1997;

if the person is engaged in the activity and the only contact that the person has with a child is working with a record of the child;

if the person is engaged in the activity for a Tasmanian public authority or an agency of the Commonwealth (including a body, corporate or unincorporate, established under an Act of the Commonwealth) and the only contact that the person has with a child is providing a service to the child at a public counter or shopfront or by telephone, unless the person has more than incidental contact with the child;

if the person is engaged in the activity and the only contact that the person has with a child is providing information to, or receiving information from, the child by telephone, unless the person has more than incidental contact with the child.