Working with Vulnerable People (Background Checking) Act 2011
13Offences—person engage in regulated activity for which
Start here
Get a plain-English read of 13
Turn the raw legal text into a practical explanation grounded in Working with Vulnerable People (Background Checking) Act 2011.
13 Offences—person engage in regulated activity for which person not registered (1) A person commits an offence if the person— (a) engages in a regulated activity; and (b) is required to be registered to engage in the activity; and (c) does not have a registration allowing the person to engage in the Note 1 A person with conditional registration might not be allowed to engage in all regulated activities (see s 42 and s 54A). Note 2 A person whose registration is suspended does not have a registration allowing the person to engage in a regulated activity (see s 59 (5)). Note 3 The employer for the regulated activity also commits an offence (see s 14). (3) A person commits an offence if the person— (a) engages in a regulated activity; and (b) is required to be registered to engage in the activity; and
(c) does not have a registration allowing the person to engage in the (d) knows, or is reckless about whether, the person— (i) is engaging in a regulated activity; and (ii) is required to be registered to engage in the activity. (4) Strict liability applies to subsection (3) (c). (5) This section does not apply to a person if— (a) the person is not registered; but (b) the person engages in a regulated activity under section 15 or section 16. Note 1 An unregistered person who has applied for registration may engage in a regulated activity for which the person is required to be registered in certain circumstances (see s 15 and s 16). Note 2 The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).