Working with Vulnerable People (Background Checking) Act 2011
12When is a person required to be registered?
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12 When is a person required to be registered? (1) A person is required to be registered— (a) to engage in a regulated activity; or (b) if the person is one of the key personnel of a registered NDIS provider that is providing an NDIS activity. (2) However, a person is not required to be registered to engage in a regulated activity if the person is— (a) under 16 years old; or (b) engaged in the activity for not more than— (i) 3 days in any 4-week period; and (ii) 7 days in any 12-month period; or (c) registered under a corresponding law and— (i) the activity is substantially similar to a regulated activity the person is allowed to engage in under the corresponding law; and (ii) the person is engaged in the activity for not more than 28 days in any 12-month period; or Note Corresponding law—see the dictionary. (d) a close relative of each vulnerable person taking part in the activity with whom the person has contact; or (e) engaged in the activity as a volunteer and— (i) is a close relative of a vulnerable person taking part, or who normally takes part, in the activity; and
(ii) a close relative of each vulnerable person taking part in the activity is engaged, or expected to be engaged, in the activity; or 1 playgroup 2 a club sporting event for children at which a parent of each child is expected to be present 3 a pottery class for children in which a parent of each child also takes part (f) engaged in the activity in the same capacity as a vulnerable person; or 1 players in a sporting team 2 work colleagues (g) engaged in the activity as a school student on a work experience placement or doing practical training; or (h) an employer or supervisor of a vulnerable person, unless the vulnerable person is engaged in a regulated activity; or 1 A person supervising a school student on a work experience placement at a childcare centre is required to be registered. 2 A person supervising a school student on a work experience placement at an accounting firm is not required to be registered. (i) engaged in the activity as— (i) a police officer, including a police officer (however described) of another jurisdiction; or (ii) an AFP appointee within the meaning of the Australian Federal Police Act 1979 (Cwlth); or (iii) a health practitioner; or (iv) a lawyer; or
(v) a staff member of, or volunteer for, a registered provider under the Aged Care Act 2024 (Cwlth); or (vi) a financial services licensee under the Corporations Act; or (j) engaged in the activity for a court or tribunal as an interpreter for a vulnerable person who cannot communicate, or who has difficulty communicating, in English; or (k) engaged in the activity for a Commonwealth or Territory government agency and the only contact the person has with a vulnerable person is providing a service to the vulnerable person at a public counter or shopfront, or by telephone; or an administrative worker employed by Centrelink or Medicare (l) engaged in the activity and the only contact the person has with a vulnerable person is providing information to, or receiving information from, the vulnerable person by telephone; or an employee or volunteer working on a helpline or at a call centre (m) engaged in the activity and the only contact the person has with a vulnerable person is working with a record of the vulnerable person; or (n) engaged in the activity for a declared state of emergency; or Note A state of emergency may be declared under the Emergencies Act 2004, s 156.