Working with Vulnerable People (Background Checking) Regulation 2012 (ACT)

Working with Vulnerable People (Background Checking) Regulation 2012   

SL2012-4

made under the

Working with Vulnerable People (Background Checking) Act 2011

Republication No 6

Effective:  30 September 2023

Republication date: 30 September 2023

Last amendment made by SL2021‑22
(republication for expiry of provision (s 4A))

About this republication

The republished law

This is a republication of the Working with Vulnerable People (Background Checking) Regulation 2012, made under the Working with Vulnerable People (Background Checking) Act 2011 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 30 September 2023.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 30 September 2023. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Working with Vulnerable People (Background Checking) Regulation 2012

made under the

Working with Vulnerable People (Background Checking) Act 2011

Contents

Page

1            Name of regulation  2

3            Dictionary  2

4            Notes  2

5            Role‑based registration—information—Act, s 42B (3)  2

6            Obligations of employers in relation to people with role‑based registration—Act, s 71 (2) (b)    4

Dictionary5

Endnotes

1            About the endnotes  6

2            Abbreviation key  6

3            Legislation history  7

4            Amendment history  8

5            Earlier republications  9

Working with Vulnerable People (Background Checking) Regulation 2012

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) Regulation 2012.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation.

   Note 2A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Role‑based registration—information—Act, s 42B (3)

   (1)The following information is prescribed:

   (a)a statement about the activities the person will be engaged in for the employer;

   (b)a risk management strategy for the employer.

   (2)In this section:

   risk management strategy, for an employer, means a document containing the following:

   (a)a statement about the employer’s commitment to the safety and wellbeing of vulnerable people;

   (b)a code of conduct for people engaged by the employer;

   (c)policies and procedures for handling complaints relating to the treatment of vulnerable people, including guidelines for reporting and handling incidents, disclosures or suspicions of harm caused by a person engaged by the employer to a vulnerable person;

   (d)a policy for disciplining people engaged by the employer who breach the risk management strategy;

   (e)policies and procedures for compliance with the Act, including—

   (i)implementing and reviewing the risk management strategy; and

   (ii)keeping written records about each person engaged by the employer;

   Example—subpar (ii)

   date of expiry of a person’s role-based registration

   (f)strategies for communication and support, including training materials for people engaged by the employer to—

   (i)help identify risks of harm to vulnerable people; and

   (ii)give instructions for how to handle disclosures or suspicions of harm to vulnerable people; and

   (iii)outline the employer’s risk management strategy.

5. Obligations of employers in relation to people with role‑based registration—Act, s 71 (2) (b)

   (1)This section applies if—

   (a)an employer engages a person in a regulated activity; and

   (b)the person has a role-based registration.

   (2)The employer must give the commissioner written notice of the following:

   (a)a change in a program or regulated activity in which the person is engaged that is likely to affect the conditions of the person’s role-based registration;

   (b)a change in the information given to the commissioner under the Act, section 42B (3).

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     document

·     must (see s 146).

Note 3Terms used in this regulation have the same meaning that they have in the Working with Vulnerable People (Background Checking) Act 2011 (see Legislation Act, s 148). For example, the following terms are defined in the Working with Vulnerable People (Background Checking) Act 2011, dict:

·     commissioner

·     employer

·     engaged

·     registration

·     regulated activity (see s 8)

·     role-based registration (see s 42B (1))

·     vulnerable person (see s 7).

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Working with Vulnerable People (Background Checking) Regulation 2012 SL2012‑4

   notified LR 6 February 2012
   s 1, s 2 commenced 6 February 2012 (LA s 75 (1))
   remainder commenced 8 November 2012 (s 2 and see Working with Vulnerable People (Background Checking) Act 2011 A2011-44 s 2 (2))

   as amended by

   Working with Vulnerable People (Background Checking) Amendment Act 2019 A2019-13 sch 1 pt 1.3 (as am by A2020-14 amdt 1.142)

   notified LR 23 May 2019
   s 1, s 2 commenced 23 May 2019 (LA s 75 (1))
   sch 1 pt 1.3 commenced 1 February 2021 (s 2 (1) (as am by A2020-14 amdt 1.142) and CN2021-1)

   Working with Vulnerable People (Background Checking) Amendment Regulation 2020 (No 1) SL2020-18

   notified LR 5 May 2020
   s 1, s 2 commenced 5 May 2020 (LA s 75 (1))
   remainder commenced 6 May 2020 (s 2)

   COVID-19 Emergency Response Legislation Amendment Act 2020 A2020-14 amdt 1.142

   notified LR 13 May 2020
   s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))
   amdt 1.142 commenced 14 May 2020 (s 2 (1))

   NoteThis Act only amends the Working with Vulnerable People (Background Checking) Amendment Act 2019 A2019-13.

   Working with Vulnerable People (Background Checking) Amendment Act 2020 A2020-29 sch 1 pt 1.5

   notified LR 23 May 2019
   s 1, s 2 commenced 23 May 2019 (LA s 75 (1))

   sch 1 pt 1.5 commenced 1 February 2021 (s 2 (a) and see A2019-13 s 2 (as am by A2020-14 amdt 1.142) and CN2021-1)

   Working with Vulnerable People (Background Checking) Amendment Regulation 2021 (No 1) SL2021-22

   notified LR 22 September 2021
   s 1, s 2 commenced 22 September 2021 (LA s 75 (1))
   remainder commenced 23 September 2021 (s 2)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

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

   s 4Ains SL2020‑18 s 4

   exp 6 May 2021 (s 4A (4))

   ins SL2021‑22 s 4

   exp 29 September 2023 (s 4A (4))

   Role‑based registration—information—Act, s 42B (3)

   s 5 hdgsub A2020‑29 amdt 1.20

   s 5am A2020‑29 amdt 1.21, amdt 1.22; pars renum R3 LA

   Obligations of employers in relation to people with role‑based registration—Act, s 71 (2) (b)

   s 6am A2020‑29 amdt 1.23

   Dictionary

   dictam A2019-13 amdt 1.5; A2020‑29 amdt 1.24

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 8 Nov 2012	8 Nov 2012– 5 May 2020	not amended	new regulation
R2 6 May 2020	6 May 2020– 31 Jan 2020	SL2020‑18	amendments by SL2020‑18
R3 1 Feb 2021	1 Feb 2021– 6 May 2021	A2020‑29	amendments by A2019-13 and A2020‑29
R4 7 May 2021	7 May 2021– 22 Sept 2021	A2020‑29	expiry of provision (s 4A)
R5 23 Sept 2021	23 Sept 2021– 29 Sept 2023	SL2021‑22	amendments by SL2021‑22