Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 1 Regulated activities
(see s 8)
Part 1.1 Activities or services for children
(1) An activity or service is a regulated activity if the activity is 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
(b) under a therapeutic protection 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 509 (Who is a kinship carer ?);
• s 510 (Who is a foster carer ?);
• s 511 (What is a residential care service ?);
• pt 16.2 (Therapeutic protection orders);
• ch 22 (Research involving children and young people).
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.
(2) In this section:
"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.
(1) An activity or service is a regulated activity if the activity is conducted, or the service is provided, by—
(a) a childcare service; or
(b) another commercial service that provides child care.
Examples—par (b)
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
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).
(2) In this section:
"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.
(1) An activity or service is a regulated activity if the activity is conducted, or the service is provided, as part of a child education service.
(2) In this section:
"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
(1) An activity or service is a regulated activity if the activity is conducted, or the service is provided, as part of a child accommodation service.
(2) In this section:
"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
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).
1.6 Counselling and support services for children
An activity or service is a regulated activity if the activity is 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
An activity or service is a regulated activity if—
(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.
Part 1.2 Activities or services for vulnerable people
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 mentally impaired, mentally dysfunctional or mentally ill.
Examples
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
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).
1.9 Migrants, refugees and asylum seekers
An activity or service is a regulated activity if the activity is conducted, or the service is provided, to support—
(a) migrants, or
(b) refugees or asylum seekers; or
(c) people who cannot communicate, or who have difficulty communicating, in English.
Examples
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 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).
An activity or service is a regulated activity if the activity is conducted, or the service is provided, to support people who are homeless.
Examples
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
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).
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.
Examples
1 public housing
2 social housing
3 community housing
4 housing assistance
5 social housing
6 crisis accommodation
7 refuges
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).
(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.
(2) In this section:
"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.
An activity or service is a regulated activity if the activity is conducted, or the service is provided, in relation to a person to reduce the likelihood of the person committing a criminal offence.
Examples
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
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).
An activity or service is a regulated activity if the activity is conducted, or the service is provided, to assist or support victims of crime.
Example
an activity or service that provides counselling and support, therapeutic intervention, financial assistance, information or advice for victims of crime
Note 1 Victims of crime are eligible for assistance under the victims services scheme (see Victims of Crime Act 1994 , pt 4).
Note 2 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).
(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.
Examples
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
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).
(2) In this section:
"prohibited substance"—see the Medicines, Poisons and Therapeutic Goods Act 2008 , section 13.
An activity or service is a regulated activity if the activity is 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.
Examples
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
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).
(1) An activity or service is a regulated activity if the activity is conducted, or the service is provided, specifically for people with a disability.
Examples
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
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).
(2) In this section:
"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.
An activity or service is a regulated activity if any of the usual functions of the activity or service include providing respite care.
1.19 Emergency services personnel
An activity or service is a regulated activity if the activity is conducted, or the service is provided, by—
(a) an emergency service; or
(b) a person
acting on behalf of an emergency service.
Part 1.3 Other activities or services for vulnerable people
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
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).
(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.
Note 1 Public vehicle licence —see the Road Transport (Driver Licensing) Act 1999 , dictionary.
Note 2 For certificates of accreditation for driving instructors, see the Road Transport (Driver Licensing) Regulation 2000 , pt 7 (Accreditation of driving instructors).
An activity or service is a regulated activity if—
(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.
1.22 Vocational and educational training
An activity or service is a regulated activity if any of the usual 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.
Examples
1 a pathways to employment program
2 an adult English language, literacy and numeracy skills program
3 an industry training service
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).
An activity or service is a regulated activity if—
(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
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).
1.24 Clubs, associations and movements
An activity or service is a regulated activity if—
(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.
Examples
1 a children's football team
2 an art class for people who require assistance to live independently
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).