{"id":"tas:sr-2020-099","name":"Registration to Work with Vulnerable People (NDIS Disqualifying Offences) Order 2020","slug":"registration-to-work-with-vulnerable-people-ndis-disqualifying-offences-order-2020","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"99 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184133,"registerId":"tas-tas:sr-2020-099-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Registration to Work with Vulnerable People (NDIS Disqualifying Offences) Order 2020](/view/html/inforce/2026-04-12/sr-2020-099) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which the last uncommenced provision of the [Registration to Work with Vulnerable People Amendment Act 2019](/view/html/inforce/2026-04-12/act-2019-018) commences.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this order –\n> > \n> > > ***abduction or kidnapping offence*** means an offence under [section 186](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS186@EN) , [189](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS189@EN) or [191A of the](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS191A@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) , if the person convicted of the offence is not a parent of the victim to whom the offence relates;\n> > \n> > > ***at-risk person*** means an adult who is, or may be, unable to take care of himself or herself, or unable to protect himself or herself from harm or exploitation, due to age, illness or disability;\n> > \n> > > ***bestiality*** means an offence under [section 122](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS122@EN) of the *Criminal Code*;\n> > \n> > > ***child pornography-related offence*** means an offence under –\n> > > \n> > > > > (a) [section 130](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS130@EN) , [130A](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS130A@EN) , [130B](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS130B@EN) , [130C](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS130C@EN) or [130D of the](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS130D@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) ; or\n> > > > \n> > > > > (b) [section 72A](/view/html/inforce/2026-04-12/act-1995-105#GS72A@EN) , [73](/view/html/inforce/2026-04-12/act-1995-105#GS73@EN) , [73A](/view/html/inforce/2026-04-12/act-1995-105#GS73A@EN) or [74A of the](/view/html/inforce/2026-04-12/act-1995-105#GS74A@EN) [Classification (Publications, Films and Computer Games) Enforcement Act 1995](/view/html/inforce/2026-04-12/act-1995-105) ;\n> > \n> > > ***homicide-related offence*** means an offence under [section 167A](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS167A@EN) or [179 of the](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS179@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) , if the person convicted of the offence intended to cause the death of the victim to whom the offence relates;\n> > \n> > > ***incest*** means an offence under [section 133](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS133@EN) of the *Criminal Code*;\n> > \n> > > ***murder*** means an offence under [section 158](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS158@EN) of the *Criminal Code*;\n> > \n> > > ***parent*** includes a guardian, within the meaning of the [Children, Young Persons and Their Families Act 1997](/view/html/inforce/2026-04-12/act-1997-028) , a step-parent, a surrogate parent, an adoptive parent and a foster parent;\n> > \n> > > ***rape*** means an offence under [section 185](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS185@EN) of the *Criminal Code*;\n> > \n> > > ***serious assault*** means –\n> > > \n> > > > > (a) an offence under  [section 168](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS168@EN) , [169](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS169@EN) , [170(1)](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS170@Gs1@EN) , [170A](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS170A@EN) , [172](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS172@EN) , [175](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS175@EN) , [178A](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS178A@EN) , [178B](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS178B@EN) , [183(a)](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS183@Hpa@EN) or [184A of the](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS184A@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) ; and\n> > > > \n> > > > > (b) an offence under [section 179 of the](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS179@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) , if the person convicted of the offence did not intend to cause the death of the victim to whom the offence relates;\n> > \n> > > ***sexual assault*** means an offence under –\n> > > \n> > > > > (a) [section 124](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS124@EN) , [125](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS125@EN) , [125B](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS125B@EN) , [125C](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS125C@EN) , [125D](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS125D@EN) , [126](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS126@EN) , [127](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS127@EN) or [129 of the](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS129@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) ; or\n> > > > \n> > > > > (b) an offence under [section 125A of the](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS125A@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) if –\n> > > > > \n> > > > > > > (i) violence or coercion was used by the person convicted of the offence in the commission of the offence; and\n> > > > > > \n> > > > > > > (ii) the victim to whom the offence relates had not attained the age of 14 years at the time when the offence was committed; and\n> > > > > > \n> > > > > > > (iii) the person convicted of the offence was more than 5 years older than the victim to whom the offence relates;\n> > > > \n> > > > > (c) [section 9 of the](/view/html/inforce/2026-04-12/act-2005-042#GS9@EN) [Sex Industry Offences Act 2005](/view/html/inforce/2026-04-12/act-2005-042) .\n> \n> > (2)  The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) applies to the interpretation of this order as if this order were by-laws.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Disqualifying offences","content":"### 4 Disqualifying offences\n\n> For the purposes of the definition of ***disqualifying offence*** in [section 3](/view/html/inforce/2026-04-12/act-2013-065#GS3@EN) of the Act, the following offences, if committed by a person who is not a child, are specified to be disqualifying offences:\n> \n> > > (a) murder, a homicide-related offence or attempting to commit murder under [section 299 of the](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS299@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) ;\n> > \n> > > (b) serious assault against a child or at-risk person;\n> > \n> > > (c) sexual assault or incest of a child or at-risk person, or rape;\n> > \n> > > (d) a child-pornography-related offence;\n> > \n> > > (e) an abduction or kidnapping offence, against a child or at-risk person involving a sexual or abusive element;\n> > \n> > > (f) a bestiality offence;\n> > \n> > > (g) an offence under a corresponding law that is substantially similar to an offence specified in paragraph (a), (b), (c), (d), (e) or (f).\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 30 December 2020\n\nThis order is administered in the Department of Justice.","sortOrder":3}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This legislation appears tightly scoped to its original purpose. It is a specific statutory order made under the Registration to Work with Vulnerable People Act 2013 to implement NDIS-related disqualifying offences. The content aligns precisely with the enabling Act's framework and does not appear to have expanded beyond the intended purpose of specifying which serious criminal convictions automatically bar someone from working with vulnerable people."},"complexity_factors":["12 defined terms in the interpretation section, many of which are themselves complex legal constructs","Extensive cross-referencing to multiple external statutes (Criminal Code, Classification (Publications, Films and Computer Games) Enforcement Act 1995, Sex Industry Offences Act 2005, Children, Young Persons and Their Families Act 1997)","Nested conditional definitions (e.g., 'sexual assault' has three sub-paragraphs with one containing three further conditions)","Specific section number references throughout (over 30 individual Criminal Code sections cited)","Conditional logic in definitions (e.g., 'homicide-related offence' only applies if the person intended to cause death; 'abduction' excludes parents of the victim)","Incorporation of 'corresponding laws' from other jurisdictions in section 4(g), creating potential interpretive uncertainty"],"plain_english_summary":"This legislation creates a list of serious criminal offences that automatically disqualify a person from working with vulnerable people under Tasmania's registration scheme, specifically in connection with the National Disability Insurance Scheme (NDIS).\n\n**What it does:**\n- Specifies which crimes are \"disqualifying offences\" under the Registration to Work with Vulnerable People Act 2013\n- If someone has been convicted of these offences, they cannot be registered to work with vulnerable people (including children, elderly people, and people with disabilities)\n\n**Who it affects:**\n- Anyone applying for or holding registration to work with vulnerable people in Tasmania\n- Particularly relevant to NDIS workers and disability service providers\n- Applies to adults only (not children who commit offences)\n\n**The specific offences covered:**\n- **Murder and attempted murder**\n- **Serious assault** against children or \"at-risk persons\" (adults who can't protect themselves due to age, illness or disability)\n- **Sexual crimes** including rape, incest, and sexual assault against children or at-risk persons\n- **Child pornography offences**\n- **Abduction or kidnapping** with sexual or abusive elements\n- **Bestiality** (sexual acts with animals)\n- **Equivalent offences** from other states or territories\n\n**Why it matters:**\nThis creates a clear, automatic barrier preventing people with serious criminal histories involving violence, sexual abuse, or exploitation from gaining access to vulnerable people through regulated work. It helps protect children, people with disabilities, and other vulnerable adults from potential harm by ensuring those with relevant serious convictions cannot slip through screening processes."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, the order appears to do precisely what its title suggests — designate NDIS disqualifying offences for the purposes of Tasmania's worker registration scheme. This is consistent with its original intent of aligning Tasmania's screening regime with federal NDIS standards. No scope creep is evident."},"complexity_factors":["Operates within a layered legal framework — requires understanding of both Tasmania's Registration to Work with Vulnerable People Act 2013 and the federal NDIS Quality and Safeguards Commission framework","Limited text available for analysis, making it difficult to assess the full list of disqualifying offences and any nuances or exceptions","Interaction between state and Commonwealth legislation can create jurisdictional complexity","The practical effect depends heavily on definitions and processes set out in the parent Act rather than the order itself"],"plain_english_summary":"This Tasmanian order lists “NDIS disqualifying offences” — serious convictions that automatically bar a person from holding registration to work in roles funded or regulated by the NDIS in Tasmania. It operates alongside the state's Working with Vulnerable People screening regime.\n\nIt aligns state screening with national NDIS safety standards, affecting prospective and current NDIS workers (who may be disqualified), employers (who must check registrations), and NDIS participants seeking safer supports."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Order defines and fixes the scope of the Act’s existing term “disqualifying offence” by listing specific offences and conditions (murder, homicide‑related, serious assault against a child or at‑risk person, sexual assault/incest of a child or at‑risk person or rape, child‑pornography offences, abduction/kidnapping with a sexual/abusive element against a child or at‑risk person, bestiality, and substantially similar offences under corresponding laws). It applies only where the offender is not a child and takes effect when the remaining provisions of the 2019 Amendment Act commence."},"complexity_factors":["Extensive cross‑references to multiple Commonwealth Acts (Criminal Code, Classification Act, Sex Industry Offences Act) and many specific sections, increasing interpretive work.","Defined offence categories use conditional wording (e.g. abduction/kidnapping only if offender is not a parent; homicide‑related only where intent to kill), requiring factual assessment of convictions.","Application limited to persons who are not children, and to offences committed by persons who are not children, adding a threshold eligibility filter.","Commencement is linked to the uncommenced provisions of the Registration to Work with Vulnerable People Amendment Act 2019, so operative timing depends on another instrument.","Includes a ‘corresponding law’ catch‑all to capture substantially similar offences under other laws, which invites comparative legal analysis."],"plain_english_summary":"This Order specifies which criminal offences count as “disqualifying offences” under the Registration to Work with Vulnerable People Act: if a non‑child is convicted of one of the listed crimes, they are ineligible to hold registration to work with vulnerable people. It affects convicted persons, registration decision‑makers and employers (who must rely on the registration system), and comes into effect when the remaining provisions of the 2019 Amendment Act commence."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/registration-to-work-with-vulnerable-people-ndis-disqualifying-offences-order-2020","history":"/api/acts/registration-to-work-with-vulnerable-people-ndis-disqualifying-offences-order-2020/history","analysis":"/api/acts/registration-to-work-with-vulnerable-people-ndis-disqualifying-offences-order-2020/analysis","conflicts":"/api/acts/registration-to-work-with-vulnerable-people-ndis-disqualifying-offences-order-2020/conflicts","importantCases":"/api/acts/registration-to-work-with-vulnerable-people-ndis-disqualifying-offences-order-2020/important-cases","documents":"/api/acts/registration-to-work-with-vulnerable-people-ndis-disqualifying-offences-order-2020/documents"}}