Registration to Work with Vulnerable People Act 2013 (Tas)

Registration to Work with Vulnerable People Act 2013

An Act to provide for background checking and registration of people who work with vulnerable people and for related purposes [Royal Assent 13 December 2013]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

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

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

2A. Object of Act The object of this Act is to protect vulnerable persons from the risk of harm by – (a) preventing certain people from engaging in regulated activities; and (b) requiring persons engaged in regulated activities to be registered; and (c) requiring risk assessments to be undertaken – (i) in relation to persons wishing to be registered to engage in regulated activities; and (ii) in certain circumstances in relation to persons who are registered to engage in regulated activities.

3. Interpretation 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) a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or (b) 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 – (a) the Commissioner of Police; or (b) 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 – (a) an individual; or (b) an individual occupying a position; or (c) a Tasmanian public authority; or (d) 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: (a) the person has been charged with the offence but – (i) a proceeding for the alleged offence is not finalised; or (ii) the charge has lapsed, been withdrawn, been discharged or been struck out; (b) the person has been acquitted of the alleged offence; (c) the person has been served with an infringement notice for the alleged offence; (d) 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) a government department or agency of the government of another jurisdiction, or part of such a government department or agency; or (b) a university established under the law of another jurisdiction; or (c) a police service of another jurisdiction; or (d) a municipal council of another jurisdiction; or (e) a statutory authority established by or under an Act of another jurisdiction; or (f) a body, whether corporate or unincorporate, that is established by or under an Act of another jurisdiction for a public purpose; or (g) 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 (h) a company incorporated under the Corporations Act that is controlled by – (i) the Crown in right of that other jurisdiction; or (ii) a statutory authority referred to in paragraph (e) ; or (iii) 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 – (a) means registration under section 33 ; or (b) 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 – (a) an activity or service prescribed for the purposes of section 4A in respect of a category of registration; and (b) 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 – (a) 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 (b) any of the following offences, whether committed in Tasmania, another jurisdiction or elsewhere: (i) a sexual offence; (ii) an offence against a person; (iii) an offence involving violence; (iv) an offence involving dishonesty or fraud; (v) an offence relating to property; (vi) an offence against an animal; (vii) a driving offence; or (ba) a disqualifying offence; or (c) 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: (i) attempting to commit the offence; (ii) inciting, instigating, aiding or abetting the commission of the other offence; (iii) 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 – (a) an agency, within the meaning of the State Service Act 2000 ; or (b) the Police Service; or (c) 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 (d) 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 – (a) the Crown; or (b) a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 ; or (c) a statutory authority; or (d) 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 – (a) providing a service; and (b) being provided with a service; and (c) supervising, coaching or instructing a group or team; and (d) being a member of a group or team; Tasmanian public authority means – (a) an Agency, within the meaning of the State Service Act 2000 , or part of such an Agency; or (b) the University of Tasmania; or (c) the Police Service; or (d) a council; or (e) a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 ; or (f) a statutory authority; or (g) a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose; or (h) a company incorporated under the Corporations Act that is controlled by one or more councils or another company that is so controlled; or (i) 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 .