71 Regulation-making power
(1) The Executive may make regulations for this Act.
(2) A regulation may make provision for—
(a) the obligations of employers before engaging people in
regulated activities; and
(b) the obligations of employers in relation to people they engage in
regulated activities.
(3) For the definition of corresponding law, paragraph (b), the
Legislation Act, section 47 (3) and (6) does not apply to a law of
another jurisdiction prescribed by regulation.
Note A law of another jurisdiction prescribed for def, corresponding law,
par (b), does not need to be notified under the Legislation Act because
s 47 (6) does not apply (see Legislation Act, s 47 (7)).
(4) A regulation may create offences and fix maximum penalties of not
more than 20 penalty units for the offences.
Section 1.1
(see s 8)
1.1 Child protection services
conducted, or the service is provided, under the Children and Young
People Act 2008 for a child or young person.
(2) Without limiting subsection (1), a regulated activity includes an
activity conducted or a service provided under the Children and
Young People Act 2008—
(a) by—
(i) a member of the Children and Youth Services Council; or
(ii) a family group conference facilitator; or
(iii) a kinship carer; or
(iv) a foster carer; or
(v) a residential care service; or
(vi) a researcher for a research project; or
(vii) an authorised assessor; or
(viii) another person administering, or exercising a function
under, the Act; or
Activities or services for children Part 1.1
Section 1.2
(b) under an intensive therapy order.
Note See the Children and Young People Act 2008, particularly:
• pt 2.2 (Children and Youth Services Council);
• pt 3.2 (Family group conferences—facilitators);
• s 438 (Care and protection assessment—authorisation of assessors);
• s 514B (Approved carers—director-general may approve);
• s 516 (Kinship carer—specific parental authority);
• s 518 (Foster carer—specific parental authority);
• s 520 (Residential care service—general parental authority);
• pt 16.2 (Intensive therapy orders);
• ch 22 (Research involving children and young people).
intensive therapy order, for a child or young person—see the
Children and Young People Act 2008, section 532.
1.2 Justice facilities for children
(1) An activity or service is a regulated activity if—
(a) any of the usual functions of the activity or service are carried
out in relation to a child at a justice facility; or
(b) the activity is conducted, or the service is provided, in relation
to a child because of a sentence, detention, probation, parole or
other order, that could be made or imposed by a court.
justice facility means—
(a) a detention place; or
(b) a place outside a detention place if a detainee is, or has been,
directed to work or take part in an activity at the place; or
(c) any other place a child may be held in custody.
Section 1.3
1.3 Education and care service or childcare service
conducted, or the service is provided, by—
(a) an education and care service; or
(b) a childcare service; or
(c) another commercial service that provides child care.
Examples—par (c)
1 babysitting service
2 nanny service
3 a service conducted by a hotel or resort to provide childcare to children
who are short term guests
childcare service—see the Children and Young People Act 2008,
section 732.
Note Childcare service means—
(a) a childcare centre; or
(b) a family day care scheme.
education and care service—see the Education and Care Services
National Law (ACT), section 5.
Note The Education and Care Services National Law (ACT) Act 2011, s 6
applies the Education and Care Services National Law set out in the
Education and Care Services National Law Act 2010 (Vic), schedule as
if it were an ACT law called the Education and Care Services National
Law (ACT).
1.4 Child education services
conducted, or the service is provided, as part of a child education
service.
Activities or services for children Part 1.1
Section 1.5
child education service—
(a) means a service for which the main purpose is to provide
education and care for children; and
(b) includes—
(i) a school or other educational institution, whether or not
operated by or on behalf of the Territory; and
(ii) a school-crossing service.
school means a preschool, primary school, high school or secondary
college.
1.5 Child accommodation services
conducted, or the service is provided, as part of a child
accommodation service.
child accommodation service—
(a) means a service for which the main purpose is to provide
residential accommodation for children; and
(b) includes an overnight camp for children, irrespective of the kind
of accommodation or of how many children are involved.
Examples—child accommodation service
1 school group accommodation
2 a home stay, including as part of a student exchange
3 a school boarding facility
Section 1.6
1.6 Counselling and support services for children
conducted, or the service is provided, as part of—
(a) a counselling service for children; or
(b) a support service for children.
1.7 Commercial services for children
(a) the activity is conducted, or the service is provided specifically
for children by a commercial entity; and
(b) the activity or service is one of the following:
(i) an entertainment or party service;
(ii) a gym or play facility;
(iii) a photography service;
(iv) a talent or beauty competition.
Section 1.8
Part 1.2 Activities or services for
vulnerable people
1.8 Mental health
functions of the activity or service include providing treatment, care,
rehabilitation or protection to people who are mentally impaired,
mentally dysfunctional or mentally ill.
1 an activity or service that provides personal care, assessment or referral of
support needs, education, training and skill development, information
services, recreation, counselling, community access, accommodation support,
rehabilitation, or employment services, specifically for people who are
mentally impaired, mentally dysfunctional or mentally ill
2 an activity or service provided in association with the use of premises for the
care, treatment or accommodation of people who are mentally impaired,
mentally dysfunctional or mentally ill
1.9 Migrants, refugees and asylum seekers
conducted, or the service is provided, to support—
(a) migrants, or
(b) refugees or asylum seekers; or
Section 1.10
(c) people who cannot communicate, or who have difficulty
communicating, in English.
an activity or service that provides assistance settling in the ACT, including
mentoring, employment services, transport or accommodation support, specifically
for migrants, refugees, asylum seekers or people from non-English speaking
backgrounds
Note A person is not required to be registered to engage in a regulated activity
for a court or tribunal as an interpreter for a vulnerable person who cannot
communicate, or who has difficulty communicating, in English (see
s 12 (2) (j)).
1.10 Homeless people
conducted, or the service is provided, to support people who are
homeless.
1 an activity or service that provides food, transport, coordination or referral of
support needs for people who are homeless
2 a drop in centre
3 a soup kitchen
1.11 Housing and accommodation
A service or activity is a regulated activity if any of the usual
functions of the service or activity include providing public or
community housing or accommodation to people suffering social or
financial hardship.
1 public housing
2 social housing
3 community housing
4 housing assistance
Section 1.12
5 social housing
6 crisis accommodation
7 refuges
1.12 Justice facilities
(1) An activity or service is a regulated activity if—
(a) any of the usual functions of the activity or service are carried
out in relation to an adult at a justice facility; or
(b) the activity is conducted, or the service is provided, in relation
to an adult because of a sentence, detention, probation, parole or
other order, that could be made or imposed by a court.
justice facility means—
(a) a correctional centre; or
(b) a remand centre; or
(c) a detention place; or
(d) a place outside a detention place if a detainee is, or has been,
directed to work or take part in an activity at the place; or
(e) any other place a person may be held in custody.
1.13 Prevention of crime
conducted, or the service is provided, in relation to a person to reduce
the likelihood of the person committing a criminal offence.
1 a program to keep police informed of the whereabouts and other personal
details about a person who has committed a crime to reduce the likelihood that
the person will reoffend
2 a mentoring program
Section 1.14
1.14 Victims of crime
conducted, or the service is provided, to assist or support victims of
crime.
an activity or service that provides counselling and support, therapeutic
intervention, financial assistance, information or advice for victims of crime
Note Victims of crime are eligible for assistance under the victims services
scheme (see Victims of Crime Act 1994, pt 4).
1.15 Services for addictions
(1) An activity or service is a regulated activity if any of the usual
functions of the activity or service include providing treatment, care,
rehabilitation or protection to people who are—
(a) addicted to, or misuse, a substance (whether alcohol, a medicine,
a prohibited substance or another substance); or
(b) addicted to an activity.
1 an activity or service that provides health care, counselling, accommodation
or financial support for people who are addicted to a substance or an activity
2 a needle and syringe exchange program
3 a methadone treatment and withdrawal program
4 a gambling addiction telephone help-line
prohibited substance—see the Medicines, Poisons and Therapeutic
Goods Act 2008, section 13.
Section 1.16
1.16 Community services
conducted, or the service is provided, to—
(a) people and families suffering social or financial hardship; or
(b) people who need support to live independently.
1 an activity or service that provides crisis intervention, emergency relief,
parenting support, assessment or referral of support needs, education, training
and skill development, information services, counselling, community access,
or employment services, for people and families suffering social or financial
hardship
2 an activity or service that provides home help, home maintenance or
modification, allied health care, personal care, food services, assessment or
referral of support needs, information services, coordination, case
management, recreation, counselling, community access, rehabilitation, or
employment services, to people who need support to live independently
3 an activity or service provided in association with the use of premises for the
care, treatment or accommodation of people who need support to live
independently
1.17 Disability services
conducted, or the service is provided, specifically for people with a
disability.
1 an activity or service that provides home help, home maintenance or
modification, personal care, food services, assessment or referral of support
needs, information services, coordination, case management, recreation,
counselling, community access, rehabilitation, or employment services, to
people with a disability
2 an activity or service provided in association with the use of premises for the
care, treatment or accommodation of people with a disability
Section 1.18
disability—see the Human Rights Commission Act 2005,
section 8 (2).
Note For the Human Rights Commission Act 2005, s 8 (2), disability means a
disability that—
(a) is attributable to an intellectual, psychiatric, sensory or physical
impairment, or a combination of those impairments; and
(b) is permanent or likely to be permanent; and
(c) results in—
(i) the person having a substantially reduced capacity for
communication, learning or mobility; and
(ii) the need for continuing support services for the person; and
(d) may, but need not, be of a chronic episodic nature.
1.18 Respite care services
functions of the activity or service include providing respite care.
1.19 Emergency services personnel
conducted, or the service is provided, by—
(a) an emergency service; or
(b) a person acting on behalf of an emergency service.
Other activities or services for vulnerable people Part 1.3
Section 1.20
Part 1.3 Other activities or services for
vulnerable people
1.20 Transport
(1) An activity or service is a regulated activity if any of the usual
functions of the activity or service include providing public or private
transport that is—
(a) specifically for, or mainly used by, children; or
(b) specifically for people accessing a regulated activity mentioned
in part 1.2.
Example—par (a)
a school bus service
Examples—par (b)
1 a minibus transporting detainees to or from a remand centre
2 a taxi for mobility impaired people
(2) To remove any doubt, an activity or service is a regulated activity if
a person must have 1 or both of the following to conduct the activity
or provide the service:
(a) a public vehicle licence;
(b) a driving instructor certificate of accreditation.
(3) An activity or service is a regulated activity if—
(a) the activity or service relates to a light rail service; and
(b) the person conducting the activity or providing the service is—
(i) a light rail driver; or
(ii) a light rail driving assessor; or
(iii) a light rail driving instructor; or
Part 1.3 Other activities or services for vulnerable people
Section 1.21
(iv) appointed under the Road Transport (General) Act 1999—
(A) section 19 (Authorised people); or
(B) section 53A (Authorised people for infringement
notice offences).
accreditation—see Road Transport (Driver Licensing)
Regulation 2000, section 103A.
light rail driver—see Road Transport (Public Passenger Services)
Regulation 2002, section 70AA.
light rail driving assessor—see Road Transport (Public Passenger
Services) Regulation 2002, section 70AA.
light rail driving instructor—see Road Transport (Public Passenger
Services) Regulation 2002, section 70AA.
light rail service—see Road Transport (Public Passenger Services)
Act 2001, section 27A.
public vehicle licence—see the Road Transport (Driver Licensing)
Act 1999, dictionary.
1.21 Coaching and tuition
(a) any of the usual functions of the activity or service include
coaching or tuition specifically for—
(i) children; or
(ii) people accessing a regulated activity mentioned in part 1.2;
and
(b) the coaching or tuition is provided by a commercial entity.
Other activities or services for vulnerable people Part 1.3
Section 1.22
1.22 Vocational and educational training
functions of the activity or service include providing vocational
education and training specifically for—
(a) children; or
(b) people accessing a regulated activity mentioned in part 1.2.
1 a pathways to employment program
2 an adult English language, literacy and numeracy skills program
3 an industry training service
1.23 Religious organisations
(a) the activity is conducted, or the service is provided, by—
(i) a religious organisation; or
(ii) a person acting on behalf of a religious organisation; and
(b) the activity or service is—
(i) specifically for, or mainly used by children; or
(ii) specifically for people accessing a regulated activity
mentioned in part 1.2.
Example—par (a)
Sunday school
Example—par (b)
counselling provided by a minister of religion
Part 1.3 Other activities or services for vulnerable people
Section 1.24
1.24 Clubs, associations and movements
(a) the activity is conducted, or the service is provided, by a club,
association or movement (including of a cultural, recreational or
sporting nature); and
(b) the club association or movement has significant membership or
involvement by—
(i) children; or
(ii) people accessing a regulated activity mentioned in part 1.2.
1 a children’s football team
2 an art class for people who require assistance to live independently