Working with Vulnerable People (Background Checking) Act 2011
10What is contact with a vulnerable person?
Start here
Get a plain-English read of 10
Turn the raw legal text into a practical explanation grounded in Working with Vulnerable People (Background Checking) Act 2011.
10 What is contact with a vulnerable person? contact, between a person and a vulnerable person as part of engaging in a regulated activity, means contact that— (a) would reasonably be expected as a normal part of engaging in the activity; and (b) is more than incidental to engaging in the activity; and Example—incidental a person works in the same building as a vulnerable person, but does not have any physical contact or face-to-face communication with the vulnerable (c) is 1 or more of the following: (i) physical contact, including engaging in the activity at the same place as the vulnerable person; (ii) oral communication, whether face-to-face or by telephone; (iii) written communication, including— (A) electronic communication; or (B) dealing with a record relating to the vulnerable person; (iv) making a decision that affects the vulnerable person; and
(d) for an NDIS activity—is more than incidental contact under the National Disability Insurance Scheme (Practice Standards— Worker Screening) Rules 2018 (Cwlth), rule 6. Examples—contact 1 A water main bursts at a school during school hours. A plumber is called to the school to fix the problem. Despite working near children, the plumber’s contact with the children is not contact for this Act for either of the following reasons: (a) it would not reasonably be expected as a normal part of plumbing; (b) it is incidental to the plumber’s activity.