Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Working with Vulnerable People
(Background Checking) Regulation 2012
SL2012-4
made under the
Working with Vulnerable People (Background Checking) Act 2011
Republication No 7
Effective: 16 December 2025
Republication date: 16 December 2025
Last amendment made by A2025-39
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Working with Vulnerable People (Background Checking)
Regulation 2012, made under the Working with Vulnerable People (Background Checking) Act
2011 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial
changes)) as in force on 16 December 2025. It also includes any commencement, amendment,
repeal or expiry affecting this republished law to 16 December 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Working with Vulnerable People
(Background Checking) Regulation 2012
made under the
Working with Vulnerable People (Background Checking) Act 2011
Contents
Page
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
4A Application for registration—written statement about applicant status
under corresponding law—Act s 18 (2) (d) 2
5 Role-based registration—information—Act, s 42B (3) 3
6 Obligations of employers in relation to people with role-based
registration—Act, s 71 (2) (b) 4
7 Corresponding laws—Act, dict, def corresponding law, par (b) 4
Contents
Page
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Dictionary 6
Endnotes
1 About the endnotes 7
2 Abbreviation key 7
3 Legislation history 8
4 Amendment history 9
5 Earlier republications 10
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Working with Vulnerable People
(Background Checking) Regulation 2012
made under the
Working with Vulnerable People (Background Checking) Act 2011
Section 1
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1 Name of regulation
This regulation is the Working with Vulnerable People (Background
Checking) Regulation 2012.
3 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation.
Note 2 A definition in the dictionary applies to the entire regulation unless the
definition, or another provision of the regulation, provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
4 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4A Application for registration—written statement about
applicant status under corresponding law—Act
s 18 (2) (d)
For an application for registration to engage in a regulated activity
involving children—a written statement about the following matters
is prescribed:
(a) whether the applicant has ever received a negative notice
(however described) for engaging in a regulated activity
involving children under a corresponding law;
(b) whether the applicant has ever had their registration for
engaging in a regulated activity involving children cancelled
under a corresponding law.
Section 5
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5 Role-based registration—information—Act, s 42B (3)
(1) The following information is prescribed:
(a) a statement about the activities the person will be engaged in for
the employer;
(b) a risk management strategy for the employer.
(2) In this section:
risk management strategy, for an employer, means a document
containing the following:
(a) a statement about the employer’s commitment to the safety and
wellbeing of vulnerable people;
(b) a code of conduct for people engaged by the employer;
(c) policies and procedures for handling complaints relating to the
treatment of vulnerable people, including guidelines for
reporting and handling incidents, disclosures or suspicions of
harm caused by a person engaged by the employer to a
vulnerable person;
(d) a policy for disciplining people engaged by the employer who
breach the risk management strategy;
(e) policies and procedures for compliance with the Act,
including—
(i) implementing and reviewing the risk management
strategy; and
(ii) keeping written records about each person engaged by the
employer;
Example—subpar (ii)
date of expiry of a person’s role-based registration
Section 6
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(f) strategies for communication and support, including training
materials for people engaged by the employer to—
(i) help identify risks of harm to vulnerable people; and
(ii) give instructions for how to handle disclosures or
suspicions of harm to vulnerable people; and
(iii) outline the employer’s risk management strategy.
6 Obligations of employers in relation to people with
role-based registration—Act, s 71 (2) (b)
(1) This section applies if—
(a) an employer engages a person in a regulated activity; and
(b) the person has a role-based registration.
(2) The employer must give the commissioner written notice of the
following:
(a) a change in a program or regulated activity in which the person
is engaged that is likely to affect the conditions of the person’s
role-based registration;
(b) a change in the information given to the commissioner under the
Act, section 42B (3).
7 Corresponding laws—Act, dict, def corresponding law,
par (b)
The following laws, as in force from time to time, are prescribed:
(a) Child Protection (Working with Children) Act 2012 (NSW);
(b) Worker Screening Act 2020 (Vic);
(c) Working with Children (Risk Management and Screening)
Act 2000 (Qld);
(d) Working with Children (Screening) Act 2004 (WA);
Section 7
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(e) Child Safety (Prohibited Persons) Act 2016 (SA);
(f) Registration to Work with Vulnerable People Act 2013 (Tas);
(g) Care and Protection of Children Act 2007 (NT).
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• document
• must (see s 146).
Note 3 Terms used in this regulation have the same meaning that they have in
the Working with Vulnerable People (Background Checking) Act 2011
(see Legislation Act, s 148). For example, the following terms are
defined in the Working with Vulnerable People (Background Checking)
Act 2011, dict:
• commissioner
• employer
• engaged
• registration
• regulated activity (see s 8)
• role-based registration (see s 42B (1))
• vulnerable person (see s 7).
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Working with Vulnerable People (Background Checking)
Regulation 2012 SL2012-4
notified LR 6 February 2012
s 1, s 2 commenced 6 February 2012 (LA s 75 (1))
remainder commenced 8 November 2012 (s 2 and see Working with
Vulnerable People (Background Checking) Act 2011 A2011-44 s 2 (2))
as amended by
Working with Vulnerable People (Background Checking) Amendment
Act 2019 A2019-13 sch 1 pt 1.3 (as am by A2020-14 amdt 1.142)
notified LR 23 May 2019
s 1, s 2 commenced 23 May 2019 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 February 2021 (s 2 (1) (as am by A2020-14
amdt 1.142) and CN2021-1)
Working with Vulnerable People (Background Checking) Amendment
Regulation 2020 (No 1) SL2020-18
notified LR 5 May 2020
s 1, s 2 commenced 5 May 2020 (LA s 75 (1))
remainder commenced 6 May 2020 (s 2)
COVID-19 Emergency Response Legislation Amendment Act 2020
A2020-14 amdt 1.142
notified LR 13 May 2020
s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))
amdt 1.142 commenced 14 May 2020 (s 2 (1))
Note This Act only amends the Working with Vulnerable People
(Background Checking) Amendment Act 2019 A2019-13.
Working with Vulnerable People (Background Checking) Amendment
Act 2020 A2020-29 sch 1 pt 1.5
notified LR 23 May 2019
s 1, s 2 commenced 23 May 2019 (LA s 75 (1))
sch 1 pt 1.5 commenced 1 February 2021 (s 2 (a) and see A2019-13
s 2 (as am by A2020-14 amdt 1.142) and CN2021-1)
Endnotes
Amendment history 4
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Working with Vulnerable People (Background Checking) Amendment
Regulation 2021 (No 1) SL2021-22
notified LR 22 September 2021
s 1, s 2 commenced 22 September 2021 (LA s 75 (1))
remainder commenced 23 September 2021 (s 2)
Working with Vulnerable People (Background Checking) Amendment
Act 2025 A2025-39 pt 3
notified LR 15 December 2025
s 1, s 2 commenced 15 December 2025 (LA s 75 (1))
pt 3 commenced 16 December 2025 (s 2)
4 Amendment history
Commencement
s 2 om LA s 89 (4)
Application for registration—written statement about applicant status under
corresponding law—Act s 18 (2) (d)
s 4A ins SL2020-18 s 4
exp 6 May 2021 (s 4A (4))
ins SL2021-22 s 4
exp 29 September 2023 (s 4A (4))
ins A2025-39 s 14
Role-based registration—information—Act, s 42B (3)
s 5 hdg sub A2020-29 amdt 1.20
s 5 am A2020-29 amdt 1.21, amdt 1.22; pars renum R3 LA
Obligations of employers in relation to people with role-based registration—
Act, s 71 (2) (b)
s 6 am A2020-29 amdt 1.23
Corresponding laws—Act, dict, def corresponding law, par (b)
s 7 ins A2025-39 s 15
Dictionary
dict am A2019-13 amdt 1.5; A2020-29 amdt 1.24
Section 1 - Working with Vulnerable People (Background Checking) Regulation 2012 - Working with Vulnerable People (Background Checking) Regulation 2012 | Zoe