Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
CLAUSE NOTES
Registration to Work with Vulnerable People Amendment Bill 2018
Clause 1: Short title
This clause provides that, once passed, the Bill will be cited as the Registration
to Work with Vulnerable People Amendment Act 2018.
Clause 2: Commencement
Provisions of this Bill are to commence on a day or days to be proclaimed.
Clause 3: Principal Act
Any reference to “the Principal Act” refers to the Registration to Work with
Vulnerable People Act 2013.
Clause 4: Section 3 amended (Interpretation)
The definitions of category of registration and class of vulnerable persons
regulated activity are inserted to accommodate the additional categories of
registration.
The disqualifying offence points to a list of specific offences that deems an
applicant unable to apply for registration or, if already registered, their
registration will be cancelled.
NDIS participant is a person deemed to have a disability and accessing NDIS
services and inserted to give effect to s4A.
Determined gives effect to s 7A.
Clause 5: Section 4 amended (Vulnerable Person defined)
This clause improves the definition of a vulnerable adult, it does not alter the
intent of section 4.
Clause 6: Section 4A inserted
This clause allows for categories of regulated activities for which a person can
apply. Previously a ‘regulated activity’ referred only to a child-related regulated
activity.
Clause 7: Section 6 amended (Contact with a vulnerable person defined)
This clause amends the definition of contact so as to align with the NDIS IGA
and National Standards for WWCC.
Clause 8: Section 7A amended (Interim Regulated Activity)
This clause aims to align with a’ category’ of registration pursuant to Clause 6.
Page 1 of 5
Clause 9: Section 9 Substituted
This clause clarifies the meaning of section 9, it does not alter the intent of
section 9.
Clause 10: Section 11A amended (Functions and Powers of the Registrar)
This clause improves the definition of a vulnerable adult, it does not alter the
intent of section 4.
Clause 11: Section 11B amended (Register)
This clause clarifies the meaning of section 11A to leave it in broad terms, it
does not alter the intent of section 11A.
Clause 12: Section 15 Substituted
This clause narrows the existing requirements in relation to persons not
required to be registered. This amendment aims to align with National
Standards for WWCC.
Clause 13: Section 16 amended (Offence to engage in regulated activity unless registered)
This clause aims to align with a’ category’ of registration pursuant to Clause 6.
Clause 14: Section 17 amended (Offence for employer to engage unregistered person in
regulated activity)
This clause aims to align with a ‘category’ of registration pursuant to Clause 6.
Clause 15: Section 18 amended (Unregistered person may engage in regulated activity in
certain supervised employment circumstances)
This clause puts further restrictions on an unregistered person to engage in a
regulated activity when they have an application underway and requires an
employer to have a ‘risk management plan’ in place.
Clause 16: Section 18A amended (Unregistered person may engage in regulated activity
in certain supervised employment circumstances)
This clause aims to align with a ‘category’ of registration pursuant to Clause 6.
Clause 17: Section 19 amended (Application for registration)
This clause aims to align with a ’category’ of registration pursuant to Clause 6.
Clause 18: Section 20 amended (Contents of application for registration)
This clause aims to align with a ’category’ of registration pursuant to Clause 6.
Clause 19: Section 22 amended (Requiring additional information)
This clause amends existing s 22 to be explicit as to what ‘additional
information’ is. It also allows the Registrar to dismiss an application if the
applicant refuses to provide the required information within the specified time
frame.
Page 2 of 5
Clause 20: Section 23 inserted
This clause is as extension of s 22 in that it allows the Registrar to request
additional information in the form of an interview. It provides for the person
being interviewed to have a support person attend if they wish.
Clause 21: Sections 24A and 24B inserted
Section 24A – Offence for applicant to fail to notify change of certain details.
The new s24A provides for penalty provisions if a registered person does not
notify the Registrar of any change of information relating to his or her name,
address or employer.
Section 24B – Withdrawal of application
The new s24B sets out circumstances where the Registrar can notify the
named employer that an applicant has withdrawn their application.
Clause 22: Section 30 amended (Proposed negative notice)
This clause states that applicants who have been convicted of a disqualifying
offence will not be issued with a proposed negative notice prior to being
issued with a negative notice.
Clause 23: Section 32 amended (refusal to register a person and negative notices)
This clause states that the Registrar is to refuse to register a person if the
Registrar is satisfied that the person has been convicted of a disqualifying
offence.
Clause 24: Section 33 amended (Registration)
This clause aims to align with a ’category’ of registration pursuant to Clause 6.
Clause 25: Section 33A inserted
This clause aims to align with a ’category’ of registration pursuant to Clause 6.
Clause 26: Section 34 amended (Term of Registration)
This clause extends the term of registration from 3 years to up to 5 years.
Clause 27: Section 35 amended (Conditional Registration)
This clause allows for regulations to prescribe a category of regulated activity
that cannot be registered subject to conditions. This allows for regulation to
be made to exclude the NDIS worker screening from this provision in
accordance with the national agreement for NDIS worker screening
Clause 28: Section 42 amended (Registration Card)
This clause aims to align with a ’category’ of registration pursuant to Clause 6.
Page 3 of 5
Clause 29: Section 44 amended (Surrender of Registration Card)
The current s44 provides for a penalty in the event that a registered person
who has had their registration cancelled and has not returned their registration
card within a specified time frame. This clause extends the requirement to
persons who have had their registration suspended.
Clause 30: Sections 46A and 46B inserted
46A – Requiring information – registered person
46B – Requesting Interview - registered person
Section 46A will afford the Registrar with the power to request additional
information from a registered person when conducting an additional risk
assessment and is explicit as to what ‘additional information’ is.
Section 46B will afford the Registrar with the power to request additional
information from a registered person when conducting an additional risk
assessment in the form of an interview.
Clause 31: Section 48A inserted
48A – Offence for employer to fail to notify change of employee engagement.
This clause creates a penalty provision if an employer fails to notify change of
employee engagement.
Clause 32: Section 49 amended (Grounds for suspension or cancellation of registration)
This clause states that the Registrar must cancel a person’s registration if the
Registrar is satisfied that the person has been convicted of a disqualifying
offence.
Clause 33: Section 49A amended (Immediate suspension in certain circumstances)
This section allows for a registered person who has had their registration
immediately suspended to apply to the Registrar to review the immediate
suspension after a period of 6 months.
Clause 34: Section 51 amended (Suspension or cancellation of registration) inserted
This clause clarifies the existing section, it does not alter the intent of section
51.
Clause 35: Section 52 Amended (Surrendering registration)
This clause provides for a penalty provision if a registered person surrenders
their registration but does not surrender their registration card.
Page 4 of 5
Clause 36: Section 52A amended (Registrar may require or request information, &c.)
This clause serves two purposes
1) It serves to allow the Registrar to request information relevant to the
operation of the Act rather than be limited to the risk assessment and
registration processes.
2) It serves to allow the Registrar to require or request information from
registries established by the Commonwealth.
Clause 37: Section 53 amended (Review of decision)
This clause amends the reviewable decisions to ensure that a negative notice
issued due to a ‘disqualifying offence’ is exempt.
Clause 38: Section 53A substituted
This clause seeks to amend the section 53A to clarify the requirement on a
reportable body to notify the Registrar of alleged reportable behaviour.
Clause 39: Section 54B amended (Registrar may disclose certain information)
This clause removes the limitation that a relevant outcome can only be
disclosed by the Registrar to a governing body that has been established under
an Act.
Clause 40: Section 54D inserted
54D – Disqualifying offence order
This clause allows the Minister to specify an offence, from any Australian
jurisdiction, to be a disqualifying offence.
Clause 41: Repeal of the Act
Page 5 of 5