Working with Vulnerable People (Background Checking) Amendment Regulation 2021 (No 1) (ACT)

Working with Vulnerable People (Background Checking) Amendment Regulation 2021 (No 1)

Subordinate Law SL2021-22

The Australian Capital Territory Executive makes the following regulation under the Working with Vulnerable People (Background Checking) Act 2011.

Dated 21 September 2021.

Andrew Barr

Chief Minister

Rachel Stephen-Smith

Minister

Working with Vulnerable People (Background Checking) Amendment Regulation 2021 (No 1)

Subordinate Law SL2021-22

made under the

Working with Vulnerable People (Background Checking) Act 2011

1. Name of regulation

   This regulation is the Working with Vulnerable People (Background Checking) Amendment Regulation 2021 (No 1).

2. Commencement

   This regulation commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Working with Vulnerable People (Background Checking) Regulation 2012.

4. New section 4A

   insert

4APeople not required to be registered—Act, s 12 (2) (o)

(1)The following people are prescribed in the circumstances mentioned in subsection (2) (the relevant circumstances):

(a)a member of the Australian Defence Force within the meaning of the Defence Act 1903 (Cwlth), section 4 (1);

(b)a public employee;

NotePublic employee means a public servant, a public sector member or a person employed by a territory instrumentality (see Legislation Act, dict, pt 1).

(c)a person who is the equivalent of a public employee in the Commonwealth or a State.

NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).

(2)The relevant circumstances are that—

(a)the person is engaging in a regulated activity on behalf of the Territory; and

(b)the regulated activity is undertaken for a purpose related to a COVID-19 emergency, whether undertaken during the emergency or after the emergency ends.

(3)In this section:

COVID-19 emergency means—

(a)a state of emergency declared under the Emergencies Act 2004, section 156 because of the coronavirus disease 2019 (COVID‑19); or

(b)an emergency declared under the Public Health Act 1997, section 119 (including any extension or further extension) because of the coronavirus disease 2019 (COVID-19).

(4)This section expires on the day the COVID-19 Emergency Response Act 2020 expires.

Endnotes

1. Notification

   Notified under the Legislation Act on 22 September 2021.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2021