Working with Vulnerable People (Background Checking) Act 2011
15When unregistered person may be engaged in regulated
Start here
Get a plain-English read of 15
Turn the raw legal text into a practical explanation grounded in Working with Vulnerable People (Background Checking) Act 2011.
15 When unregistered person may be engaged in regulated activity—supervised employment (1) This section applies to an unregistered person if— (a) the person has applied for registration under section 17; and (i) imposed an interim bar on the person under section 15A; or (ii) registered the person under section 41; or (iii) given the person a negative notice under section 40; and (c) the person has not withdrawn the application. (2) The person may engage in a regulated activity for which the person is required to be registered if— (a) the person is eligible; and (b) the person included a named employer for the activity on the person’s application for registration; and Note Named employer—see s 18 (1) (d) (i). (c) the named employer has agreed to engage the person in the
(d) a registered person is present at all times while the unregistered person is engaged in the activity; and (e) for an NDIS activity— (i) the person is registered under a corresponding law; or (ii) if the person is not registered under a corresponding law— (A) the employer has put in place strategies to manage any potential risk of harm to a vulnerable person; and (B) the registered person mentioned in paragraph (d) is registered to engage in an NDIS activity. Note An unregistered person who is engaging in a regulated activity under this section commits an offence under s 13 if the person continues to engage in the activity after— (a) the person’s application for registration is withdrawn (see s 20); or (b) the person is given a negative notice (see s 40). (3) To remove any doubt, nothing in this section prevents an employer refusing to engage an unregistered person in a regulated activity. eligible—a person is eligible if— (a) the person has not previously been given a negative notice under this Act or a corresponding law; and (b) the person has not had a previous registration suspended or cancelled; and (c) the person’s most recent registration (if any) was not conditional.