Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A person is required to be registered to engage in a regulated 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 (other than an overnight camp for children) 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
Examples
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
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(f) engaged in the activity in the same capacity as a vulnerable person; or
Examples
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
Examples
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 registered health professional under the Health Professionals Act 2004 or a health practitioner; or
(iv) a lawyer; or
(v) a staff member of, or volunteer for, an approved provider under the Aged Care Act 1997 (Cwlth); or
(vi) a financial services licensee under the Corporations Act; or
(j) 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
Example
an administrative worker employed by Centrelink or Medicare
(k) 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
Example
an employee or volunteer working on a helpline or at a call centre
(l) 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
(m) 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.
(n) engaged in the activity for a Territory or national event and the commissioner declares that the person is not required to be registered for the activity; or
Examples—Territory or national event
1 Paralympics
2 World Youth Day
Note Commissioner means the commissioner for fair trading (see the dictionary).
(o) a person prescribed by regulation.
(3) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(4) In this section:
"close relative", of a vulnerable person—
(a) means the vulnerable person's—
(i) domestic partner; or
Note Domestic partner— see the Legislation Act, s 169.
(ii) father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or
(iii) son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or
(iv) brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or
(v) uncle, aunt, uncle-in-law or aunt-in-law; or
(vi) nephew, niece or cousin; but
(b) does not include a kinship carer under the Children and Young People Act 2008 .
Note An activity conducted or a service provided by a kinship carer under the Children and Young People Act 2008 is a regulated activity—see sch 1, s 1.1.
"day "includes part of a day.
"school "means a high school or secondary college.