{"id":"sl-2012-3","name":"Magistrates Court (Working with Vulnerable People Infringement Notices) Regulation 2012","slug":"magistrates-court-working-with-vulnerable-people-infringement-notices-regulation-2012","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"3 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173540,"registerId":"act-sl-2012-3-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court (Working with Vulnerable People Infringement Notices) Regulation 2012","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Working with\nVulnerable People Infringement Notices)\nRegulation 2012\nSL2012-3\nmade under the\nMagistrates Court Act 1930\nRepublication No 4\nEffective: 1 February 2021\nRepublication date: 1 February 2021\nLast amendment made by A2020-29\n(republication for amendments by A2019-13\nand A2020-29)\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Magistrates Court (Working with Vulnerable People Infringement\nNotices) Regulation 2012, made under the Magistrates Court Act 1930 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n1 February 2021. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 1 February 2021.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR4\n01/02/21\nMagistrates Court (Working with Vulnerable People\nInfringement Notices) Regulation 2012\nEffective: 01/02/21\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Working with\nVulnerable People Infringement Notices)\nRegulation 2012\nmade under the\nMagistrates Court Act 1930\nContents\nPage\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\n5 Purpose of regulation 2\n6 Administering authority 3\n7 Infringement notice offences 3\n8 Infringement notice penalties 3\n9 Contents of infringement notices—identifying authorised person 3\n10 Contents of infringement notices—other information 4\n\nContents\nPage\ncontents 2 Magistrates Court (Working with Vulnerable People\nInfringement Notices) Regulation 2012\nEffective: 01/02/21\nR4\n01/02/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Contents of reminder notices—identifying authorised person 4\n12 Authorised people for infringement notice offences 4\nSchedule 1 Vulnerable People Act infringement notice\noffences and penalties 5\nDictionary 6\nEndnotes\n1 About the endnotes 7\n2 Abbreviation key 7\n3 Legislation history 8\n4 Amendment history 10\n5 Earlier republications 11\n\nR4\n01/02/21\nMagistrates Court (Working with Vulnerable People\nInfringement Notices) Regulation 2012\nEffective: 01/02/21\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Working with\nVulnerable People Infringement Notices)\nRegulation 2012\nmade under the\nMagistrates Court Act 1930\n\nSection 1\npage 2 Magistrates Court (Working with Vulnerable People\nInfringement Notices) Regulation 2012\nEffective: 01/02/21\nR4\n01/02/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Magistrates Court (Working with Vulnerable\nPeople Infringement Notices) Regulation 2012.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘investigator—see the Fair Trading\n(Australian Consumer Law) Act 1992, dictionary.’ means that the term\n‘investigator’ is defined in that dictionary and the definition applies to\nthis regulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Purpose of regulation\nThe purpose of this regulation is to create a system of infringement\nnotices under the Magistrates Court Act 1930, part 3.8 for certain\noffences against the Vulnerable People Act.\nNote The Magistrates Court Act 1930, pt 3.8 provides a system of infringement\nnotices for offences against various Acts. The infringement notice system\nis intended to provide an alternative to prosecution.\n\nSection 6\nR4\n01/02/21\nMagistrates Court (Working with Vulnerable People\nInfringement Notices) Regulation 2012\nEffective: 01/02/21\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Administering authority\nThe administering authority for an infringement notice offence\nagainst the Vulnerable People Act is the commissioner for fair\ntrading.\n7 Infringement notice offences\nThe Magistrates Court Act 1930, part 3.8 applies to an offence against\na provision of the Vulnerable People Act mentioned in schedule 1,\ncolumn 2.\n8 Infringement notice penalties\n(1) The penalty payable by an individual for an offence against the\nVulnerable People Act, under an infringement notice for the offence,\nis the amount mentioned in schedule 1, column 4 for the offence.\n(2) The penalty payable by a corporation for an offence against the\nVulnerable People Act, under an infringement notice for the offence,\nis 5 times the amount mentioned in schedule 1, column 4 for the\noffence.\n(3) The cost of serving a reminder notice for an infringement offence\nagainst the Vulnerable People Act is $34.\n9 Contents of infringement notices—identifying authorised\nperson\nAn infringement notice served on a person by an authorised person\nfor an infringement notice offence against the Vulnerable People Act\nmust identify the authorised person by—\n(a) the person’s full name, or surname and initials; or\n(b) any unique number given, for this regulation, to the person by\nthe administering authority.\n\nSection 10\npage 4 Magistrates Court (Working with Vulnerable People\nInfringement Notices) Regulation 2012\nEffective: 01/02/21\nR4\n01/02/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Contents of infringement notices—other information\n(1) An infringement notice served on a company by an authorised person\nfor an infringement notice offence against the Vulnerable People Act\nmust include the company’s ACN.\nNote The requirement under this section is additional to the requirement under\nthe Magistrates Court Act 1930, s 121 (1) (c).\n(2) In this section:\ncompany means a company registered under the Corporations Act.\n11 Contents of reminder notices—identifying authorised\nperson\nA reminder notice served on a person by an authorised person for an\ninfringement notice offence against the Vulnerable People Act must\nidentify the authorised person by—\n(a) the person’s full name, or surname and initials; or\n(b) any unique number given, for this regulation, to the person by\nthe administering authority.\n12 Authorised people for infringement notice offences\nAn investigator may serve the following:\n(a) an infringement notice for an infringement notice offence\nagainst the Vulnerable People Act;\n(b) a reminder notice for an infringement notice offence against the\nVulnerable People Act.\n\nVulnerable People Act infringement notice offences and penalties Schedule 1\nR4\n01/02/21\nMagistrates Court (Working with Vulnerable People\nInfringement Notices) Regulation 2012\nEffective: 01/02/21\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Vulnerable People Act\ninfringement notice offences\nand penalties\n(see s 7 and s 8)\ncolumn 1\nitem\ncolumn 2\noffence provision\ncolumn 3\noffence penalty\n(penalty units)\ncolumn 4\ninfringement\npenalty ($)\n1 13 (1) 50 500\n2 14 (1) 50 500\n3 21 (1) 50 500\n4 21 (2) 50 500\n5 33 (4) 50 500\n6 48 (1) 50 500\n7 53 (4) 50 500\n8 55 (1) 50 500\n9 55 (2) 50 500\n10 55A (1) 50 500\n\nDictionary\npage 6 Magistrates Court (Working with Vulnerable People\nInfringement Notices) Regulation 2012\nEffective: 01/02/21\nR4\n01/02/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• commissioner for fair trading\n• corporation\n• Corporations Act\n• individual.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Magistrates Court Act 1930 (see Legislation Act, s 148). For\nexample, the following terms are defined in the Magistrates Court\nAct 1930, dict:\n• administering authority\n• authorised person\n• infringement notice\n• infringement notice offence\n• reminder notice.\ninvestigator—see the Fair Trading (Australian Consumer Law)\nAct 1992, dictionary.\nVulnerable People Act means the Working with Vulnerable People\n(Background Checking) Act 2011.\n\nEndnotes\nAbout the endnotes 1\nR4\n01/02/21\nMagistrates Court (Working with Vulnerable People\nInfringement Notices) Regulation 2012\nEffective: 01/02/21\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 8 Magistrates Court (Working with Vulnerable People\nInfringement Notices) Regulation 2012\nEffective: 01/02/21\nR4\n01/02/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nMagistrates Court (Working with Vulnerable People Infringement\nNotices) Regulation 2012 SL2012-3\nnotified LR 2 February 2012\ns 1, s 2 commenced 2 February 2012 (LA s 75 (1))\nremainder commenced 8 November 2012 (s 2 and see Working with\nVulnerable People (Background Checking) Act 2011 A2011-44 s 2 (2))\nas amended by\nJustice and Community Safety Legislation Amendment Act 2013\n(No 2) A2013-11 sch 1 pt 1.7\nnotified LR 28 March 2013\ns 1, s 2 commenced 28 March 2013 (LA s 75 (1))\nsch 1 pt 1.7 commenced 4 April 2013 (s 2)\nStatute Law Amendment Act 2015 A2015-15 sch 3 pt 3.45\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 3 pt 3.45 commenced 10 June 2015 (s 2)\nWorking with Vulnerable People (Background Checking) Amendment\nAct 2019 A2019-13 sch 1 pt 1.1 (as am by A2020-14 amdt 1.142)\nnotified LR 23 May 2019\ns 1, s 2 commenced 23 May 2019 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 February 2021 (s 2 (1) (as am by A2020-14\namdt 1.142) and CN2021-1)\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 amdt 1.142\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\namdt 1.142 commenced 14 May 2020 (s 2 (1))\nNote This Act only amends the Working with Vulnerable People\n(Background Checking) Amendment Act 2020 A2020-29.\n\nEndnotes\nLegislation history 3\nR4\n01/02/21\nMagistrates Court (Working with Vulnerable People\nInfringement Notices) Regulation 2012\nEffective: 01/02/21\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nWorking with Vulnerable People (Background Checking) Amendment\nAct 2020 A2020-29 sch 1 pt 1.3\nnotified LR 23 May 2019\ns 1, s 2 commenced 23 May 2019 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 February 2021 (s 2 (a) and see Working\nwith Vulnerable People (Background Checking) Amendment Act 2019\nA2019-13 s 2 (as am by A2020-14 amdt 1.142) and CN2021-1)\n\nEndnotes\n4 Amendment history\npage 10 Magistrates Court (Working with Vulnerable People\nInfringement Notices) Regulation 2012\nEffective: 01/02/21\nR4\n01/02/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nContents of infringement notices—identifying authorised person\ns 9 am A2013-11 amdt 1.16\nContents of reminder notices—identifying authorised person\ns 11 am A2013-11 amdt 1.16\nAuthorised people for infringement notice offences\ns 12 am A2015-15 amdt 3.147, amdt 3.148\nVulnerable People Act infringement notice offences and penalties\nsch 1 am A2019-13 amdts 1.1-1.3; A2020-29 amdt 1.18\n\nEndnotes\nEarlier republications 5\nR4\n01/02/21\nMagistrates Court (Working with Vulnerable People\nInfringement Notices) Regulation 2012\nEffective: 01/02/21\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n8 Nov 2012\n8 Nov 2012–\n3 Apr 2013\nnot amended new regulation\nR2\n4 Apr 2013\n4 Apr 2013–\n9 June 2015\nA2013-11 amendments by\nA2013-11\nR3\n10 June 2015\n10 June 2015–\n31 Jan 2021\nA2015-15 amendments by\nA2015-15\n© Australian Capital Territory 2021","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: establishing an infringement notice system for the Working with Vulnerable People Act. The amendments shown in the history (2013, 2015, 2019-2020) appear to be minor updates - adding or modifying specific offences in the schedule and updating authorised person identification requirements - rather than expansion into new policy areas. The 2019-2020 amendments added one new offence (item 10, section 55A) but did not broaden the regulatory scheme beyond its original scope of administrative penalties for background checking violations."},"complexity_factors":["Very short document (6 substantive sections plus schedule)","Only 5 defined terms in the dictionary, with 3 being signpost definitions pointing to other legislation","Simple tabular structure in Schedule 1 listing 10 offences with fixed penalties","No nested exceptions or conditional logic - offences either are or aren't in the schedule","Minimal cross-referencing - primarily references to the parent Magistrates Court Act 1930 for procedural framework","Straightforward administrative provisions (who can issue notices, what information must be included)","No temporal complexities or transitional provisions in the operative text"],"plain_english_summary":"This regulation introduces an on‑the‑spot infringement notice system for certain offences under the Working with Vulnerable People (Background Checking) Act 2011, letting Fair Trading investigators issue fines instead of pursuing court prosecutions. It affects employers, organisations and individuals who fail background‑checking obligations and is administered by the Commissioner for Fair Trading.\n\nPenalties are $500 for individuals ($2,500 for corporations) with a $34 reminder fee. The aim is quicker, cheaper enforcement to improve protection for vulnerable people."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulation’s operative scope has been altered since enactment: schedule 1 (the list of Vulnerable People Act offences subject to infringement notices and penalties) was amended by Working with Vulnerable People (Background Checking) Amendment Act 2019 (A2019‑13) and Working with Vulnerable People (Background Checking) Amendment Act 2020 (A2020‑29) (see amendment history and schedule 1). Earlier amendments (A2013‑11, A2015‑15) changed notice identification and authorised‑person provisions (ss 9, 11, 12). Those changes altered which offences attract infringement notices and who may serve them, so the regulation’s practical coverage and enforcement roles differ from the original 2012 text."},"complexity_factors":["Narrow, focused subject matter (infringement notices for specified Vulnerable People Act offences) which simplifies interpretation.","Cross‑references to multiple external Acts (Magistrates Court Act 1930; Working with Vulnerable People (Background Checking) Act 2011; Fair Trading (Australian Consumer Law) Act 1992; Corporations Act) increase legal navigation (see ss 5, 6, dictionary).","Fixed monetary scheme with a corporate multiplier: individual infringement $500; corporation pays 5× (s 8(1)–(2); schedule 1).","Administrative details required on notices (identification of authorised person; company ACN) add compliance steps for officers serving and recipients (ss 9–11; s 10(1)).","Low procedural discretion but delegated enforcement role: investigators may serve infringement and reminder notices (s 12), concentrating operational authority in investigators and the commissioner (s 6).","Modification and amendment history (A2013‑11, A2015‑15, A2019‑13, A2020‑29) means current scope differs from the 2012 original and requires checking amendment traces (endnotes).","Small administrative cost for reminder notices ($34) creates a predictable enforcement expense (s 8(3))."],"plain_english_summary":"This regulation creates an infringement‑notice scheme for specified offences under the Working with Vulnerable People (Background Checking) Act. It appoints the commissioner for fair trading as the administering authority, fixes the infringement amount at $500 for individuals (corporations pay 5×), sets a $34 reminder‑service cost, requires company ACNs on notices, and allows investigators to serve notices.\n\nIt affects individuals and companies regulated by the Vulnerable People Act and the investigators who enforce it, providing civil monetary penalties as an alternative to prosecution and imposing identifiable compliance and administrative duties."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-working-with-vulnerable-people-infringement-notices-regulation-2012","history":"/api/acts/magistrates-court-working-with-vulnerable-people-infringement-notices-regulation-2012/history","analysis":"/api/acts/magistrates-court-working-with-vulnerable-people-infringement-notices-regulation-2012/analysis","conflicts":"/api/acts/magistrates-court-working-with-vulnerable-people-infringement-notices-regulation-2012/conflicts","importantCases":"/api/acts/magistrates-court-working-with-vulnerable-people-infringement-notices-regulation-2012/important-cases","documents":"/api/acts/magistrates-court-working-with-vulnerable-people-infringement-notices-regulation-2012/documents"}}