{"id":"sl-2012-4","name":"Working with Vulnerable People (Background Checking) Regulation 2012","slug":"working-with-vulnerable-people-background-checking-regulation-2012","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"4 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173955,"registerId":"act-sl-2012-4-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Working with Vulnerable People (Background Checking) Regulation 2012","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nWorking with Vulnerable People\n(Background Checking) Regulation 2012\nSL2012-4\nmade under the\nWorking with Vulnerable People (Background Checking) Act 2011\nRepublication No 7\nEffective: 16 December 2025\nRepublication date: 16 December 2025\nLast amendment made by A2025-39\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 Working with Vulnerable People (Background Checking)\nRegulation 2012, made under the Working with Vulnerable People (Background Checking) Act\n2011 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial\nchanges)) as in force on 16 December 2025. It also includes any commencement, amendment,\nrepeal or expiry affecting this republished law to 16 December 2025.\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 does not include 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\nR7\n16/12/25\nWorking with Vulnerable People (Background Checking)\nRegulation 2012\nEffective: 16/12/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nWorking with Vulnerable People\n(Background Checking) Regulation 2012\nmade under the\nWorking with Vulnerable People (Background Checking) Act 2011\nContents\nPage\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\n4A Application for registration—written statement about applicant status\nunder corresponding law—Act s 18 (2) (d) 2\n5 Role-based registration—information—Act, s 42B (3) 3\n6 Obligations of employers in relation to people with role-based\nregistration—Act, s 71 (2) (b) 4\n7 Corresponding laws—Act, dict, def corresponding law, par (b) 4\n\nContents\nPage\ncontents 2 Working with Vulnerable People (Background Checking)\nRegulation 2012\nEffective: 16/12/25\nR7\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary 6\nEndnotes\n1 About the endnotes 7\n2 Abbreviation key 7\n3 Legislation history 8\n4 Amendment history 9\n5 Earlier republications 10\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nWorking with Vulnerable People\n(Background Checking) Regulation 2012\nmade under the\nWorking with Vulnerable People (Background Checking) Act 2011\n\nSection 1\npage 2 Working with Vulnerable People (Background Checking)\nRegulation 2012\nEffective: 16/12/25\nR7\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Working with Vulnerable People (Background\nChecking) 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.\nNote 2 A definition in the dictionary applies to the entire regulation unless the\ndefinition, or another provision of the regulation, provides otherwise or\nthe contrary intention otherwise appears (see Legislation Act, s 155 and\ns 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.\n4A Application for registration—written statement about\napplicant status under corresponding law—Act\ns 18 (2) (d)\nFor an application for registration to engage in a regulated activity\ninvolving children—a written statement about the following matters\nis prescribed:\n(a) whether the applicant has ever received a negative notice\n(however described) for engaging in a regulated activity\ninvolving children under a corresponding law;\n(b) whether the applicant has ever had their registration for\nengaging in a regulated activity involving children cancelled\nunder a corresponding law.\n\nSection 5\nR7\n16/12/25\nWorking with Vulnerable People (Background Checking)\nRegulation 2012\nEffective: 16/12/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Role-based registration—information—Act, s 42B (3)\n(1) The following information is prescribed:\n(a) a statement about the activities the person will be engaged in for\nthe employer;\n(b) a risk management strategy for the employer.\n(2) In this section:\nrisk management strategy, for an employer, means a document\ncontaining the following:\n(a) a statement about the employer’s commitment to the safety and\nwellbeing of vulnerable people;\n(b) a code of conduct for people engaged by the employer;\n(c) policies and procedures for handling complaints relating to the\ntreatment of vulnerable people, including guidelines for\nreporting and handling incidents, disclosures or suspicions of\nharm caused by a person engaged by the employer to a\nvulnerable person;\n(d) a policy for disciplining people engaged by the employer who\nbreach the risk management strategy;\n(e) policies and procedures for compliance with the Act,\nincluding—\n(i) implementing and reviewing the risk management\nstrategy; and\n(ii) keeping written records about each person engaged by the\nemployer;\nExample—subpar (ii)\ndate of expiry of a person’s role-based registration\n\nSection 6\npage 4 Working with Vulnerable People (Background Checking)\nRegulation 2012\nEffective: 16/12/25\nR7\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) strategies for communication and support, including training\nmaterials for people engaged by the employer to—\n(i) help identify risks of harm to vulnerable people; and\n(ii) give instructions for how to handle disclosures or\nsuspicions of harm to vulnerable people; and\n(iii) outline the employer’s risk management strategy.\n6 Obligations of employers in relation to people with\nrole-based registration—Act, s 71 (2) (b)\n(1) This section applies if—\n(a) an employer engages a person in a regulated activity; and\n(b) the person has a role-based registration.\n(2) The employer must give the commissioner written notice of the\nfollowing:\n(a) a change in a program or regulated activity in which the person\nis engaged that is likely to affect the conditions of the person’s\nrole-based registration;\n(b) a change in the information given to the commissioner under the\nAct, section 42B (3).\n7 Corresponding laws—Act, dict, def corresponding law,\npar (b)\nThe following laws, as in force from time to time, are prescribed:\n(a) Child Protection (Working with Children) Act 2012 (NSW);\n(b) Worker Screening Act 2020 (Vic);\n(c) Working with Children (Risk Management and Screening)\nAct 2000 (Qld);\n(d) Working with Children (Screening) Act 2004 (WA);\n\nSection 7\nR7\n16/12/25\nWorking with Vulnerable People (Background Checking)\nRegulation 2012\nEffective: 16/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) Child Safety (Prohibited Persons) Act 2016 (SA);\n(f) Registration to Work with Vulnerable People Act 2013 (Tas);\n(g) Care and Protection of Children Act 2007 (NT).\n\nDictionary\npage 6 Working with Vulnerable People (Background Checking)\nRegulation 2012\nEffective: 16/12/25\nR7\n16/12/25\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• document\n• must (see s 146).\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Working with Vulnerable People (Background Checking) Act 2011\n(see Legislation Act, s 148). For example, the following terms are\ndefined in the Working with Vulnerable People (Background Checking)\nAct 2011, dict:\n• commissioner\n• employer\n• engaged\n• registration\n• regulated activity (see s 8)\n• role-based registration (see s 42B (1))\n• vulnerable person (see s 7).\n\nEndnotes\nAbout the endnotes 1\nR7\n16/12/25\nWorking with Vulnerable People (Background Checking)\nRegulation 2012\nEffective: 16/12/25\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 Working with Vulnerable People (Background Checking)\nRegulation 2012\nEffective: 16/12/25\nR7\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nWorking with Vulnerable People (Background Checking)\nRegulation 2012 SL2012-4\nnotified LR 6 February 2012\ns 1, s 2 commenced 6 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\nWorking with Vulnerable People (Background Checking) Amendment\nAct 2019 A2019-13 sch 1 pt 1.3 (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 1.3 commenced 1 February 2021 (s 2 (1) (as am by A2020-14\namdt 1.142) and CN2021-1)\nWorking with Vulnerable People (Background Checking) Amendment\nRegulation 2020 (No 1) SL2020-18\nnotified LR 5 May 2020\ns 1, s 2 commenced 5 May 2020 (LA s 75 (1))\nremainder commenced 6 May 2020 (s 2)\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 2019 A2019-13.\nWorking with Vulnerable People (Background Checking) Amendment\nAct 2020 A2020-29 sch 1 pt 1.5\nnotified LR 23 May 2019\ns 1, s 2 commenced 23 May 2019 (LA s 75 (1))\nsch 1 pt 1.5 commenced 1 February 2021 (s 2 (a) and see A2019-13\ns 2 (as am by A2020-14 amdt 1.142) and CN2021-1)\n\nEndnotes\nAmendment history 4\nR7\n16/12/25\nWorking with Vulnerable People (Background Checking)\nRegulation 2012\nEffective: 16/12/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nWorking with Vulnerable People (Background Checking) Amendment\nRegulation 2021 (No 1) SL2021-22\nnotified LR 22 September 2021\ns 1, s 2 commenced 22 September 2021 (LA s 75 (1))\nremainder commenced 23 September 2021 (s 2)\nWorking with Vulnerable People (Background Checking) Amendment\nAct 2025 A2025-39 pt 3\nnotified LR 15 December 2025\ns 1, s 2 commenced 15 December 2025 (LA s 75 (1))\npt 3 commenced 16 December 2025 (s 2)\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nApplication for registration—written statement about applicant status under\ncorresponding law—Act s 18 (2) (d)\ns 4A ins SL2020-18 s 4\nexp 6 May 2021 (s 4A (4))\nins SL2021-22 s 4\nexp 29 September 2023 (s 4A (4))\nins A2025-39 s 14\nRole-based registration—information—Act, s 42B (3)\ns 5 hdg sub A2020-29 amdt 1.20\ns 5 am A2020-29 amdt 1.21, amdt 1.22; pars renum R3 LA\nObligations of employers in relation to people with role-based registration—\nAct, s 71 (2) (b)\ns 6 am A2020-29 amdt 1.23\nCorresponding laws—Act, dict, def corresponding law, par (b)\ns 7 ins A2025-39 s 15\nDictionary\ndict am A2019-13 amdt 1.5; A2020-29 amdt 1.24\n\nEndnotes\n5 Earlier republications\npage 10 Working with Vulnerable People (Background Checking)\nRegulation 2012\nEffective: 16/12/25\nR7\n16/12/25\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–\n5 May 2020\nnot amended new regulation\nR2\n6 May 2020\n6 May 2020–\n31 Jan 2020\nSL2020-18 amendments by\nSL2020-18\nR3\n1 Feb 2021\n1 Feb 2021–\n6 May 2021\nA2020-29 amendments by\nA2019-13 and\nA2020-29\nR4\n7 May 2021\n7 May 2021–\n22 Sept 2021\nA2020-29 expiry of provision\n(s 4A)\nR5\n23 Sept 2021\n23 Sept 2021–\n29 Sept 2023\nSL2021-22 amendments by\nSL2021-22\nR6\n30 Sept 2023\n30 Sept 2023–\n15 Dec 2025\nSL2021-22 expiry of provision\n(s 4A)\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation’s operational scope has been expanded and adjusted since enactment. Key changes include insertion, expiry and re-insertion of the applicant written-statement requirement for child-related registrations (s 4A), expanded and detailed prescription of information and a multi-part risk management strategy for role-based registrations (s 5), strengthened employer notice obligations about changes affecting role-based registrations (s 6), and an updated, prescribed list of corresponding interstate laws (s 7, added 2025). These amendments increase administrative and compliance duties for applicants and employers and broaden cross-jurisdictional recognition."},"complexity_factors":["Cross-references to the Working with Vulnerable People (Background Checking) Act 2011 and defined terms in that Act and the Legislation Act","Multiple prescribed documentary requirements (e.g. written applicant statement, detailed risk management strategy components)","Employer notification duties tied to changes in programs or information affecting role-based registrations (ongoing compliance burden)","Temporal amendments and expiries (insertion, expiry and re‑insertion of s 4A across 2020–2025) increasing interpretive history","Inter-jurisdictional list of corresponding laws (s 7) requiring alignment with other states’ regimes","Relatively short text but precise operational requirements that delegate discretion to the commissioner for administration"],"plain_english_summary":"This regulation sets out what paperwork and information people and employers must provide for background checks and role-based registrations to work with vulnerable people. It prescribes a written statement for certain child-related applicants, the contents of an employer’s risk management strategy, and employers’ duties to notify the commissioner about changes. It matters because it creates specific compliance, record-keeping and disclosure obligations for applicants, employers and the commissioner."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation has remained tightly focused on its original purpose: operational details for the Working with Vulnerable People scheme. While it has grown from 4 to 7 sections since 2012, this represents natural evolution (adding interstate recognition in s 4A, role-based registration details in s 5-6, and corresponding laws list in s 7) rather than scope creep. Each addition supports the core function of background checking and employer compliance."},"complexity_factors":["Very short document (only 7 substantive sections)","Minimal defined terms (only 1 specific definition in s 5, plus dictionary references to parent Act)","No nested exceptions or complex conditional logic","Straightforward cross-references to parent Act (Working with Vulnerable People (Background Checking) Act 2011)","Simple prescriptive structure (\"The following information is prescribed\", \"The following laws are prescribed\")","Single amendment history showing incremental expansion (originally 4 sections, now 7)"],"plain_english_summary":"This regulation tightens the ACT’s Working with Vulnerable People checks by requiring applicants to disclose any bans or cancelled registrations from other Australian jurisdictions, obliging employers to submit detailed risk‑management and child‑safety documentation when seeking role‑based registration, and mandating updates to the Commissioner when roles or information change. It affects anyone seeking to work with vulnerable people in the ACT, their employers, and the Commissioner — closing cross‑jurisdictional gaps to keep children and vulnerable people safer."}},"importantCases":[],"_links":{"self":"/api/acts/working-with-vulnerable-people-background-checking-regulation-2012","history":"/api/acts/working-with-vulnerable-people-background-checking-regulation-2012/history","analysis":"/api/acts/working-with-vulnerable-people-background-checking-regulation-2012/analysis","conflicts":"/api/acts/working-with-vulnerable-people-background-checking-regulation-2012/conflicts","importantCases":"/api/acts/working-with-vulnerable-people-background-checking-regulation-2012/important-cases","documents":"/api/acts/working-with-vulnerable-people-background-checking-regulation-2012/documents"}}