Registration to Work with Vulnerable People Regulations 2014

Registration to Work with Vulnerable People Regulations 2014

I, the Lieutenant-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 .

A. M. BLOW

Lieutenant-Governor

By His Excellency's Command,

Dr. Vanessa Goodwin

Minister for Justice

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Registration to Work with Vulnerable People Regulations 2014 .

2.   Commencement

These regulations take effect on the day on which the provisions of the Registration to Work with Vulnerable People Act 2013 commence.

3.   Interpretation

In these regulations –

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

PART 2 - Regulated Activities

Division 1 - Child-related activities

4.   Interpretation

[Regulation 4 Substituted by S.R. 2014, No. 101, Applied:01 Apr 2015] 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  –

(a) an education and care service as defined in the Education and Care Services National Law (Tasmania); or

(b) a child care service as defined in section 3(1) of the Child Care Act 2001 ; or

(c) child care as defined in section 4 of the Child Care Act 2001 ;

Note Examples of some types of child care services are as follows:

(a) child care centres;

(b) family day care services;

(c) nanny services and other child-minding services provided on a commercial basis;

(d) babysitting services, unless the services are provided under a private arrangement (whether or not a fee is payable);

(e) au pair work, if the work involves the provision of child care.

child-related commercial service means –

(a) a service or activity at a sporting, cultural or entertainment venue that is provided on a commercial basis primarily for children; or

(b) an entertainment service or party service that is provided on a commercial basis primarily to or for children;

Note: Examples of child-related commercial services include –

(a) entertainment or party services provided on a commercial basis including magician, clown and animal shows for children; and

(b) gym and play facilities; and

(c) talent or beauty competitions for children.

child-related regulated activity means the regulated activity prescribed under regulation 4A ;

child-related religious activity means –

(a) 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

(b) an activity or service provided for children which is conducted by or for the purposes of a religious organisation;

Note: Examples of activities under paragraph (b) include Sunday school activities and church youth activities.

child-related service means one or more of the following services:

(a) a child care service;

(b) a coaching or tuition service;

(c) a child-related commercial service;

(d) a child-related religious activity;

(e) a club or association activity;

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;

Note: Examples of persons who are engaged in a club or association activity, and who by virtue of regulation 4A are required to be registered, include –

(a) sports coaches and sports team managers; and

(b) guide and scout leaders; and

(c) members of the board of management, or a committee, of the club, organisation, movement, society or other body; and

(d) track officials at children's athletics meets.

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;

commencement day means the day on which the Registration to Work with Vulnerable People Amendment Regulations 2014 take effect;

religious community service organisation means an organisation that is based in religion but that provides only practical or support services;

Note: Examples of such organisations include Mission Australia, Anglicare and Centacare that provide practical and support services but not religious services to congregations.

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.

4A.   Child-related regulated activity

[Regulation 4A Inserted by S.R. 2014, No. 101, Applied:01 Apr 2015] A child-related service is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.

4B.   Exemption for persons engaged in child-related regulated activity - generally

[Regulation 4B Inserted by S.R. 2014, No. 101, Applied:01 Apr 2015] For the purposes of section 15(3)(p) of the Act, the classes of persons specified in column 2 of the table are prescribed, for the periods specified in column 3 of the table, as not being required to be registered to engage in the child-related regulated activity.

Column 1	Column 2	Column 3
Item no.	Classes of persons	No requirement to be registered
1.	Persons who have a safety screening clearance that expires during the period commencing on 1 July 2015 and ending on 30 June 2016	From the commencement day until 30 June 2015
2.	Persons who have a safety screening clearance that expires during the period commencing on 1 July 2016 and ending on 30 June 2017	From the commencement day until 31 December 2015

4C.   Exemption for persons engaged in child-related regulated activity – commercial services

[Regulation 4C Inserted by S.R. 2014, No. 101, Applied:01 Apr 2015] For the purposes of section 15(3)(p) of the Act, the following classes of persons are prescribed as not being required to be registered to engage in a child-related regulated activity:

(a) 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 regulated activity in any other capacity that would require registration;

(b) 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 regulated activity in any other capacity that would require registration;

(c) 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 regulated activity in any other capacity that would require registration;

(d) 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 regulated activity in any other capacity that would require registration;

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

4D.   Exemption for persons engaged in child-related regulated activity – coaching and tuition services

[Regulation 4D Inserted by S.R. 2014, No. 101, Applied:01 Apr 2015] For the purposes of section 15(3)(p) of the Act, the following classes of persons are prescribed as not being required to be registered to engage in a child-related regulated activity:

(a) 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 regulated activity in any other capacity that would require registration;

(b) 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 regulated activity in any other capacity that would require registration.

4E.   Exemption for persons engaged in child-related regulated activity – religious services

[Regulation 4E Inserted by S.R. 2014, No. 101, Applied:01 Apr 2015] For the purposes of section 15(3)(p) of the Act, persons who are engaged in a child-related regulated 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 regulated activity in any other capacity that would require registration, are prescribed as not being required to be registered to engage in the child-related regulated activity.

4F.   Exemption for persons engaged in child-related regulated activity – clubs, associations, &c.

[Regulation 4F Inserted by S.R. 2014, No. 101, Applied:01 Apr 2015] For the purposes of section 15(3)(p) of the Act, the following classes of persons are prescribed as not being required to be registered to engage in a child-related regulated activity:

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

(b) 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 regulated activity in any other capacity that would require registration;

(c) 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 regulated activity in any other capacity that would require registration;

(d) 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 regulated activity in any other capacity that would require registration.

Division 2 - Services of Registrar and assisting persons

4G.   Services performed by Registrar and persons assisting Registrar

[Regulation 4G Inserted by S.R. 2014, No. 101, Applied:01 Apr 2015]

(1)  In this regulation –

Registrar's activity means a function or power performed or exercised, under the Act, by the Registrar or a person assisting the Registrar, including any activity done or service provided in performing or exercising such a function or power.

(2)  A Registrar's activity is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.

Division 3 - Activities or services prescribed to be regulated activities in respect of children

4H.   Youth justice service – regulated activity

[Regulation 4H of Part 2 Inserted by S.R. 2015, No. 66, Applied:01 Oct 2015]

(1)  In this regulation –

youth means youth as defined in the Youth Justice Act 1997 ;

youth justice service means an activity conducted specifically for, or a service provided specifically to, a youth under the Youth Justice Act 1997 .

(2)  A youth justice service is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.

4I.   Child disability service – regulated activity

[Regulation 4I of Part 2 Inserted by S.R. 2015, No. 66, Applied:01 Oct 2015]

(1)  In this regulation –

child disability service means an activity conducted specifically for, or a service provided specifically to, a child with a disability;

disability means disability as defined in the Disability Services Act 2011 .

(2)  A child disability service is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.

4J.   Child education service (non-government schools) – regulated activity

[Regulation 4J of Part 2 Inserted by S.R. 2015, No. 66, Applied:01 Oct 2015]

(1)  In this regulation –

child education service (non-government schools) means a school registered under part 5 of the Education Act 1994 .

(2)  A child education service (non-government schools) is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.

(3)  A person who is a registered teacher as defined in the Teachers Registration Act 2000 , or the holder of a current notice of limited authority as defined in that Act, is not required to be registered under the Act to engage in a child education service (non-government schools).

4K.   Adoption service – regulated activity

[Regulation 4K of Part 2 Inserted by S.R. 2015, No. 66, Applied:01 Oct 2015]

(1)  In this regulation –

adoption service means a service provided for a child under the Adoption Act 1988 pending the adoption of the child under that Act.

(2)  An adoption service is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.

4L.   Guardianship service – regulated activity

[Regulation 4L of Part 2 Inserted by S.R. 2015, No. 66, Applied:01 Oct 2015]

(1)  In this regulation –

custodian means custodian as defined in the Immigration (Guardianship of Children) Act 1946 of the Commonwealth;

guardianship service means a service provided by a custodian to a non-citizen child under the Immigration (Guardianship of Children) Act 1946 of the Commonwealth;

non-citizen child means a non-citizen child as defined in the Immigration (Guardianship of Children) Act 1946 of the Commonwealth.

(2)  A guardianship service is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.

4M.   Child protection service – regulated activity

[Regulation 4M Inserted by S.R. 2015, No. 66, Applied:01 Dec 2015]

(1)  In this regulation –

child protection service means an activity conducted specifically for, or a service provided specifically to, a child, or young person, under the Children, Young Persons and Their Families Act 1997 ;

young person means young person as defined in the Children, Young Persons and Their Families Act 1997 .

(2)  A child protection service is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.

4OA.   Child accommodation service – regulated activity

[Regulation 4OA Inserted by S.R. 2016, No. 25, Applied:01 May 2016]

(1)  In this regulation –

child accommodation service means a residential or business accommodation service conducted specifically for, or provided only or mainly to, children by persons who are not the parents, guardians, step-parents or adoptive parents of the children.

(2)  A child accommodation service is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.

4OB.   Child transport service – regulated activity

[Regulation 4OB Inserted by S.R. 2016, No. 25, Applied:01 May 2016]

(1)  In this regulation –

child transport service means –

(a) a service provided, in accordance with the Vehicle and Traffic Act 1999 , to test or assess the competence of an applicant to drive a motor vehicle; and

(b) a service provided by a school-crossing patrol officer; and

(c) a service provided in accordance with an ancillary certificate as defined in the Vehicle and Traffic Act 1999 .

(2)  A child transport service is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.

PART 2A - Prescribed Matters for Purposes of Certain Sections of Act

4P.   Matters prescribed for section 18A of Act

[Regulation 4P Inserted by No. 46 of 2015, s. 42, Applied:01 Dec 2015]

(1)  In this regulation –

child protection service has the same meaning as in regulation 4M ;

Secretary means the Secretary of the responsible Department in relation to the Children, Young Persons and Their Families Act 1997 .

(2)  For the purposes of the definition of relevant regulated activity in section 18A(1) of the Act, the regulated activity of child protection service is prescribed to be a relevant regulated activity.

(3)  For the purposes of the definition of special circumstances in section 18A(1) of the Act, the following circumstances are special circumstances in relation to the relevant regulated activity of child protection service:

(a) the Secretary, under section 69(1) of the Children, Young Persons and Their Families Act 1997 , has placed a child or young person, within the meaning of that Act, in the care of a person so as to require the person to engage in that relevant regulated activity;

(b) the Secretary, under section 69(1) of the Children, Young Persons and Their Families Act 1997 , has placed a child or young person, within the meaning of that Act, in the care of a person (the carer) so as to require the carer to engage in that relevant regulated activity and another person –

(i) resides with the carer; and

(ii) by the operation of section 5(2) of the Act, is also engaged in that relevant regulated activity.

PART 3 - Miscellaneous

5.   Registration cards

For the purposes of section 42(2)(e) of the Act, a statement as to whether a registration card for a person is in respect of an activity involving a child, or an adult, is a prescribed matter.

5A.   Reportable behaviour

[Regulation 5A Inserted by S.R. 2016, No. 25, Applied:01 May 2016] For the purposes of Part 7A of the Act, reportable behaviour is behaviour that poses a risk of harm to vulnerable persons, whether by reason of neglect, abuse or other conduct.

5B.   Prescribed entities

[Regulation 5B Inserted by S.R. 2016, No. 25, Applied:01 May 2016] For the purposes of section 54B(3) of the Act, the following are prescribed entities:

(a) an Agency, within the meaning of the State Service Act 2000 ;

(b) the Police Service.

6.   Prescribed fees

The fees specified in Schedule 1 are prescribed as the fees that are payable for the matters to which they respectively relate.

7.   Infringement notices

For the purposes of section 55 of the Act –

(a) an offence against a provision of the Act specified in column 2 of the table in Schedule 2 is prescribed as an offence for which an infringement notice may be issued and served; and

(b) a penalty specified in column 3 of the table in Schedule 2 is prescribed as the penalty for the offence specified in column 2.

8.   Savings and transitional provision

[Regulation 8 Inserted by S.R. 2014, No. 101, Applied:01 Apr 2015]

(1)  In this regulation –

commencement day means the day on which the Registration to Work with Vulnerable People Amendment Regulations 2014 take effect;

child care regulated activity means the activity that was prescribed under former regulation 4 to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act;

former regulation 4 means regulation 4 of the Registration to Work with Vulnerable People Regulations 2014 as in force immediately before the commencement day.

(2)  Those persons who were registered to engage in the child care regulated activity immediately before the commencement day are, from the commencement day, taken to be registered under regulation 4A to engage in the child-related regulated activity.

SCHEDULE 1 - Fees

Regulation 6

SCHEDULE 2 - Infringement Notice Offences

Regulation 7

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 25 June 2014

These regulations are administered in the Department of Justice.