18Unregistered person may engage in regulated activity in certain supervised employment circumstances

### 18 Unregistered person may engage in regulated activity in certain supervised employment circumstances > > (1)  In this section – > > > > > [*\[Section 18 Subsection (1) amended by No. 18 of 2019, s. 15, Applied:01 Feb 2021\]*](/view/html/inforce/2021-02-01/act-2019-018#GS15@Hpa@EN) ***approved risk management plan*** means a plan in a form approved by the Registrar for the purposes of this section; > > > > > ***eligible person*** means a person – > > > > > > > > (a) who has not previously been given a negative notice or a substantially similar notice under a corresponding law; and > > > > > > > > > (b) who has not had a previous registration suspended or cancelled; and > > > > > > > > > (c) whose most recent registration, if any, was not conditional. > > > (2)  This section applies to an eligible person who is not registered if – > > > > > > (a) the person has applied for registration under [section 19](#GS19@EN) ; and > > > > > > > (b) the Registrar has not – > > > > > > > > > > (i) registered the person; or > > > > > > > > > > > (ii) [*\[Section 18 Subsection (2) amended by No. 46 of 2015, s. 9, Applied:27 Nov 2015\]*](/view/html/inforce/2015-11-27/act-2015-046#GS9@Hpa@EN) provided to the person a negative notice in relation to the application; or > > > > > > > > > > > (iii) [*\[Section 18 Subsection (2) amended by No. 46 of 2015, s. 9, Applied:27 Nov 2015\]*](/view/html/inforce/2015-11-27/act-2015-046#GS9@Hpb@EN) provided to the person a notice under [subsection (5)](#GS18@Gs5@EN) ; and > > > > > > > (c) the person has not withdrawn the application. > > > (3)  An eligible person may engage in a regulated activity for which he or she is required to be registered if – > > > > > > (a) the eligible person included a named employer for the regulated activity on his or her application for registration; and > > > > > > > (b) the named employer has agreed to engage the eligible person in the regulated activity; and > > > > > > > (ba) [*\[Section 18 Subsection (3) amended by No. 18 of 2019, s. 15, Applied:01 Feb 2021\]*](/view/html/inforce/2021-02-01/act-2019-018#GS15@Hpb@EN) the named employer is satisfied that the eligible person has applied for registration under [section 19](#GS19@EN) and that the application has not been determined; and > > > > > > > (bb) [*\[Section 18 Subsection (3) amended by No. 18 of 2019, s. 15, Applied:01 Feb 2021\]*](/view/html/inforce/2021-02-01/act-2019-018#GS15@Hpb@EN) the named employer – > > > > > > > > > > (i) has an approved risk management plan that is relevant to the eligible person being engaged in that regulated activity for that named employer; and > > > > > > > > > > > (ii) is implementing that plan in respect of the eligible person while the eligible person is engaged in that regulated activity under this section; and > > > > > > > (c) [*\[Section 18 Subsection (3) amended by No. 46 of 2015, s. 9, Applied:27 Nov 2015\]*](/view/html/inforce/2015-11-27/act-2015-046#GS9@Hpc@EN) unless the regulations have prescribed that this paragraph does not apply to the regulated activity, a registered person is present at all times while the unregistered person is engaged in the regulated activity. > > > (4)  [*\[Section 18 Subsection (4) inserted by No. 46 of 2015, s. 9, Applied:27 Nov 2015\]*](/view/html/inforce/2015-11-27/act-2015-046#GS9@Hpd@EN) [*\[Section 18 Subsection (4) substituted by No. 24 of 2025, s. 4, Applied:27 Nov 2025\]*](/view/html/inforce/2025-11-27/act-2025-024#GS4@EN) At any time after receiving an application for registration, the Registrar may determine that the applicant is not entitled, under [subsection (3)](#GS18@Gs3@EN) , to engage in the regulated activity specified in the application if, after taking into account relevant information – > > > > > > (a) the Registrar reasonably suspects that the applicant may be – > > > > > > > > > > (i) refused registration; or > > > > > > > > > > > (ii) issued with a negative notice; or > > > > > > > (b) the Registrar is satisfied that the applicant is subject to a determination, under a corresponding law, that is equivalent to a determination under this subsection. > > > (5)  [*\[Section 18 Subsection (5) inserted by No. 46 of 2015, s. 9, Applied:27 Nov 2015\]*](/view/html/inforce/2015-11-27/act-2015-046#GS9@Hpd@EN) On making a determination under [subsection (4)](#GS18@Gs4@EN) , the Registrar is to provide the applicant, and all relevant named employers in the application, with a notice stating that the applicant is not entitled to engage in the regulated activity before the person is registered. > > > (6)  [*\[Section 18 Subsection (6) inserted by No. 18 of 2019, s. 15, Applied:01 Feb 2021\]*](/view/html/inforce/2021-02-01/act-2019-018#GS15@Hpc@EN) An applicant who is the subject of a determination made under [subsection (4)](#GS18@Gs4@EN) may, at any time after 6 months after the notice in respect of that determination is provided to the applicant under [subsection (5)](#GS18@Gs5@EN) , apply to the Registrar to review that determination. > > > (7)  [*\[Section 18 Subsection (7) inserted by No. 18 of 2019, s. 15, Applied:01 Feb 2021\]*](/view/html/inforce/2021-02-01/act-2019-018#GS15@Hpc@EN) On receiving an application under [subsection (6)](#GS18@Gs6@EN) to review a determination, the Registrar may – > > > > > > (a) confirm that determination; or > > > > > > > (b) reverse that determination. > > > (8)  [*\[Section 18 Subsection (8) inserted by No. 18 of 2019, s. 15, Applied:01 Feb 2021\]*](/view/html/inforce/2021-02-01/act-2019-018#GS15@Hpc@EN) On completing a review under [subsection (7)](#GS18@Gs7@EN) , the Registrar is to provide the applicant, and all relevant named employers notified under [subsection (5)](#GS18@Gs5@EN) in relation to the original application, with a notice stating whether or not the applicant is entitled to engage in the regulated activity before the person is registered.