Tasmania: Registration to Work with Vulnerable People Act 2013 (Tas)

Registration to Work with Vulnerable People Act 2013 An Act to provide for background checking and registration of people who work with vulnerable people and for related purposes [Royal Assent 13 December 2013] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Registration to Work with Vulnerable People Act 2013 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 2A. Object of Act The object of this Act is to protect vulnerable persons from the risk of harm by – (a) preventing certain people from engaging in regulated activities; and (b) requiring persons engaged in regulated activities to be registered; and (c) requiring risk assessments to be undertaken – (i) in relation to persons wishing to be registered to engage in regulated activities; and (ii) in certain circumstances in relation to persons who are registered to engage in regulated activities. 3. Interpretation In this Act, unless the contrary intention appears – additional risk assessment means a risk assessment to which section 46(2)(a) applies; another jurisdiction means another State, a Territory or the Commonwealth; category of registration means a category of registration that is specified in section 4A or that is prescribed in accordance with that section; child means a person who has not attained the age of 18 years; class of vulnerable persons, in relation to a category of registration, means the class of persons specified in section 4A(3) in respect of the category of registration; conditional registration means a registration that is subject to conditions; corresponding law means – (a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or (b) a law of another jurisdiction prescribed by the regulations as a corresponding law; criminal history, in relation to a person, means any convictions of, and findings of guilt against, the person for relevant offences, other than an annulled conviction, within the meaning of the Annulled Convictions Act 2003 ; criminal intelligence information means information that relates to criminal activities and is obtained from – (a) the Commissioner of Police; or (b) any other entity, or body, responsible for the enforcement of laws of the Commonwealth or of this or any other State or of a Territory; determined, in relation to a regulated activity, means determined under section 7A ; disqualifying offence means an offence that is specified in an order under section 54D to be a disqualifying offence; employer, in relation to a regulated activity, has the meaning given by section 7 ; engaged, in relation to a regulated activity, has the meaning given by section 5 ; entity means – (a) an individual; or (b) an individual occupying a position; or (c) a Tasmanian public authority; or (d) a body of persons, corporate or unincorporate; named employer, in relation to a regulated activity, means the employer named on an application for registration in accordance with section 20(1)(e)(i) ; NDIS participant means a participant, within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; negative notice means a notice provided under section 32(3)(a) that notifies a person that the Registrar refuses to register the person and the reasons for the refusal; negative risk assessment means the determination by the Registrar, following a risk assessment of a person, that the Registrar is satisfied that the person poses an unacceptable risk of harm to a vulnerable person; non-conviction information, in relation to a person, means any of the following information about a relevant offence or alleged relevant offence: (a) the person has been charged with the offence but – (i) a proceeding for the alleged offence is not finalised; or (ii) the charge has lapsed, been withdrawn, been discharged or been struck out; (b) the person has been acquitted of the alleged offence; (c) the person has been served with an infringement notice for the alleged offence; (d) the person has had a conviction for the offence annulled, within the meaning of the Annulled Convictions Act 2003 ; other jurisdiction's public authority means – (a) a government department or agency of the government of another jurisdiction, or part of such a government department or agency; or (b) a university established under the law of another jurisdiction; or (c) a police service of another jurisdiction; or (d) a municipal council of another jurisdiction; or (e) a statutory authority established by or under an Act of another jurisdiction; or (f) a body, whether corporate or unincorporate, that is established by or under an Act of another jurisdiction for a public purpose; or (g) a company incorporated under the Corporations Act that is controlled by one or more municipal councils of another jurisdiction or another company that is so controlled; or (h) a company incorporated under the Corporations Act that is controlled by – (i) the Crown in right of that other jurisdiction; or (ii) a statutory authority referred to in paragraph (e) ; or (iii) another company incorporated under the Corporations Act that is so controlled; proposed conditional registration notice means a notice provided under section 36(1) that notifies a person that the Registrar intends to register the person conditionally; proposed negative notice means a notice provided under section 30(1) that notifies a person that the Registrar intends to refuse to register the person; Register means the register established and maintained by the Registrar under section 11B ; Registrar means the person appointed as Registrar under section 11 ; registration – (a) means registration under section 33 ; or (b) in relation to a corresponding law, means registration, licensing or other authorisation under the corresponding law; registration card means a working with vulnerable people registration card provided to a person under section 42(1) ; registration number means the unique identifying number specified on a person's registration card in accordance with section 42(2)(c) ; regulated activity means – (a) an activity or service prescribed for the purposes of section 4A in respect of a category of registration; and (b) an activity or service determined under section 7A in respect of a category of registration; regulations means regulations made and in force under this Act; relevant offence means – (a) an offence under the Poisons Act 1971 or the Misuse of Drugs Act 2001 or a similar offence committed in another jurisdiction or elsewhere; or (b) any of the following offences, whether committed in Tasmania, another jurisdiction or elsewhere: (i) a sexual offence; (ii) an offence against a person; (iii) an offence involving violence; (iv) an offence involving dishonesty or fraud; (v) an offence relating to property; (vi) an offence against an animal; (vii) a driving offence; or (ba) a disqualifying offence; or (c) an offence, whether committed in Tasmania, another jurisdiction or elsewhere, relating to another offence specified in this definition and comprising any of the following behaviours: (i) attempting to commit the offence; (ii) inciting, instigating, aiding or abetting the commission of the other offence; (iii) being an accessary after the fact to the other offence; reportable behaviour means behaviour of a kind prescribed by the regulations to be reportable behaviour; reporting body means – (a) an agency, within the meaning of the State Service Act 2000 ; or (b) the Police Service; or (c) any body or person (other than the Registrar) that is responsible, under an Act, for the registration, licensing or other authorisation of persons enabling them to work, whether or not for financial or other material benefit or reward, in an activity that is a regulated activity; or (d) any other entity, or other body, prescribed by the regulations to be a reporting body; required to be registered means required by section 15 to be registered to engage in a regulated activity; risk assessment, in relation to a person, has the meaning given by section 25 ; risk assessment order means an order made by the Minister under section 26 and in force; role-based registration means the registration of a person that is subject to the condition set out in section 35(2)(f) that the person may engage only in the specified regulated activities for the specified employer; State-owned company means a company incorporated under the Corporations Act that is controlled by – (a) the Crown; or (b) a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 ; or (c) a statutory authority; or (d) another company incorporated under the Corporations Act that is so controlled; statutory authority means a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority but does not include an Agency, within the meaning of the State Service Act 2000 ; taking part, in relation to a regulated activity, includes, but is not limited to – (a) providing a service; and (b) being provided with a service; and (c) supervising, coaching or instructing a group or team; and (d) being a member of a group or team; Tasmanian public authority means – (a) an Agency, within the meaning of the State Service Act 2000 , or part of such an Agency; or (b) the University of Tasmania; or (c) the Police Service; or (d) a council; or (e) a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 ; or (f) a statutory authority; or (g) a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose; or (h) a company incorporated under the Corporations Act that is controlled by one or more councils or another company that is so controlled; or (i) a State-owned company; vulnerable person has the meaning given by section 4 ; working day means any day other than a Saturday or Sunday or a statutory holiday within the meaning of the Statutory Holidays Act 2000 . 4. Vulnerable person defined In this Act – vulnerable person means – (a) a child; or (b) an adult in respect of whom a regulated activity is provided. 4A. Categories of registration (1) For the purposes of this Act, the following are the categories of registration: (a) child-related activity; (b) vulnerable adult-related activity; (c) child and vulnerable adult-related activity; (d) child and vulnerable adult-related (NDIS endorsed) activity; (e) a category of activity or service prescribed by the regulations as a category of registration. (2) For the purposes of this Act, an activity or service may be prescribed, or determined, in respect of a category of registration. (3) An activity or service may only be prescribed, or determined, in respect of – (a) the category of registration referred to as child-related activity – if the activity or service relates to or involves a child; or (b) the category of registration referred to as vulnerable adult-related activity – if the activity or service relates to or involves an adult who is a vulnerable person; or (c) the category of registration referred to as child and vulnerable adult-related activity – if the activity or service relates to or involves a vulnerable person other than an NDIS participant; or (d) the category of registration referred to as child and vulnerable adult-related (NDIS endorsed) activity – if the activity or service relates to or involves an NDIS participant; or (e) a category of activities or services prescribed by the regulations as, or determined under section 7A in respect of, a category of registration – if the activity or service relates to or involves a vulnerable person. 5. Engaged in a regulated activity defined (1) A person, including a vulnerable person, is engaged in a regulated activity if the person – (a) has contact with a vulnerable person as part of taking part in the regulated activity; and (b) is taking part in the regulated activity in any capacity and whether – (i) for reward or not; or (ii) under an arrangement with another person or otherwise. Note Examples of some types of capacity in which a person can engage in an activity are as follows: (a) employee; (b) contractor or subcontractor; (c) consultant; (d) self-employed person; (e) apprentice; (f) volunteer; (g) agent; (h) supervisor; (i) person on a work experience placement for an educational or vocational course; (j) person carrying out work for a sentence, including a community service order; (k) member of a management committee of an unincorporated body or association; (l) minister of religion for a religious organisation. (2) Also, a person, including a vulnerable person, is engaged in a regulated activity if – (a) the regulated activity is conducted in residential premises; and (b) the person resides in the residential premises; and (c) the person, although not taking part in the regulated activity, may meet or be in the immediate vicinity of a vulnerable person who is at the premises for the purpose of taking part in the regulated activity. 6. Contact with a vulnerable person defined In this Act – contact, between a person and a vulnerable person as part of taking part in a regulated activity, means contact that – (a) would reasonably be expected as a normal part of taking part in the regulated activity; and (b) is more than incidental, within the meaning of section 6 of the National Disability Insurance Scheme (Practice Standards – Worker Screening) Rules 2018 of the Commonwealth, to taking part in the regulated activity; and (c) is one or more of the following: (i) physical contact, including taking part in the regulated activity at the same place as the vulnerable person; (ii) oral communication, whether face-to-face or by telephone; (iii) written communication, including electronic communication. (iv) . . . . . . . . (v) . . . . . . . . 7. Employer defined In this Act – employer, in relation to a regulated activity, means an entity for whom a person engages in the regulated activity. Note Examples of what constitutes an employer are as follows: (a) principal contractor is an employer of a subcontractor; (b) charitable organisation is an employer of a volunteer; (c) religious organisation is an employer of a minister of religion. 7A. Interim regulated activity (1) The Minister, by notice published in the Gazette, may determine an activity or service to be an interim regulated activity in respect of a category of registration. (2) The determination takes effect on – (a) the day on which the notice is published in the Gazette; or (b) a later day specified in the notice. (3) The determination ceases to have effect when the first of the following occurs: (a) it is revoked by the Minister by notice published in the Gazette; (b) the expiration of the period of 6 months commencing on the day on which the determination takes effect. (4) A notice under this section is not a statutory rule for the purposes of the Rules Publication Act 1953 . 7B. Paramount consideration In the administration of this Act, the safety, welfare and protection of vulnerable persons is to be the paramount consideration at all times. 8. Employer not limited to background checks in this Act Nothing in this Act prevents an employer from conducting a check in relation to an employee's, or potential employee's, background that the employer could otherwise legally conduct. 9. Employer may require registration (1) Nothing in this Act prevents an employer from requiring an employee to be registered in a category of registration while engaging, on behalf of the employer, in a regulated activity in respect of a member of the class of vulnerable persons to whom the category relates, even though the employee is a person that is not required to be registered to engage in the regulated activity under section 15(2) . (2) If an employer requires an employee to be registered as specified in subsection (1) , the provisions of this Act, apart from Part 3 , in relation to registration apply in relation to the employee as if the employee were required by this Act to be so registered. 10. Notes and examples A note or example – (a) is part of this Act; and (b) is not exhaustive; and (c) may extend, but not limit, the meaning of the provision in respect of which it appears. PART 2 - Registrar 11. Registrar (1) Subject to and in accordance with the State Service Act 2000 , a person may be appointed as Registrar for the purposes of this Act. (2) The Secretary of the Department may appoint a State Service officer or State Service employee employed in the Department to be the Registrar and that State Service officer or State Service employee may hold the office of Registrar in conjunction with his or her other State Service employment. 11A. Functions and powers of Registrar (1) The Registrar has the following functions: (a) to advise the Minister in relation to the administration of this Act; (b) to process applications for registration, including the conduct of risk assessments, and to perform all other functions imposed on him or her by this Act in relation to registration; (c) to monitor the compliance with this Act by employers, employees, registered persons and other persons; (d) to perform other functions related to the administration of this Act that are imposed by the Minister, in writing. (2) The Registrar has the power to do all things necessary or convenient to perform his or her functions. 11B. Register (1) The Registrar is to establish and maintain a register in relation to – (a) the registration of persons under this Act; and (b) risk assessments; and (c) notifiable behaviour; and (d) applicants for registration; and (e) employers of registered persons and applicants for registration; and (f) any other matters that are prescribed by the regulations; and (g) any other matters that the Registrar considers appropriate. (2) The Registrar is to ensure that one part of the Register includes only the following information: (a) the name of each registered person; (b) the categories of registration in which that registered person is registered, the class of registration and any conditions to which the registration is subject; (c) the unique identifying number for that registered person as shown on his or her registration card; (d) the term of that registered person's registration; (e) the name and contact details, if known to the Registrar, of any employer or intended employer for whom that registered person engages or proposes to engage in a regulated activity; (f) the name of each applicant for registration; (g) the categories of registration in relation to which that applicant has applied for registration and the class of registration applied for; (h) the name and contact details, if known to the Registrar, of any intended employer for whom that applicant proposes to engage in a regulated activity; (i) any prescribed matter. (3) The Registrar is to make that part of the Register referred to in subsection (2) available for inspection – (a) by members of the public; and (b) free of charge; and (c) in any manner the Registrar considers appropriate. (4) In making that part of the Register referred to in subsection (2) available for inspection under subsection (3) , the Registrar may – (a) make that Part available in more than one manner; and (b) limit the availability for inspection by a particular manner to a particular class of members of the public, as determined by the Registrar. (5) Except as provided in subsection (3) , the Register – (a) is not a public register; and (b) is not available for inspection by members of the public; and (c) is protected information within the meaning of section 54 . (6) Despite subsection (5) , the Registrar may divulge information contained in the Register that is not contained in that part of the Register referred to in subsection (2) to a person or body referred to in paragraph (c) of the definition of reporting body in section 3 or an entity, other person or body prescribed by the regulations for the purposes of this subsection. 12. Advisory committees (1) The Minister may establish such advisory committees as he or she considers appropriate to advise the Registrar or the Minister, or both, in relation to the administration of this Act. (2) Both the Minister and the Registrar may refer matters to an advisory committee for consideration and the committee is to report to and advise the Minister or Registrar, or both, as specified in the referral, on those matters. (3) The Registrar is a member, and the chairperson, of each advisory committee. (4) A member of an advisory committee, other than the Registrar, holds office as a member for the term, and on the conditions, specified in his or her instrument of appointment. (5) The Minister may provide for the regulation of the proceedings of an advisory committee in writing provided to the committee. (6) Except as provided otherwise by the Minister, an advisory committee may regulate its own proceedings. 13. Provision of notices by Registrar A notice may be provided by the Registrar to a person or entity – (a) in the case of a natural person – (i) by giving it to the person; or (ii) by leaving it at, or sending it by post to, the person's residential address, postal address or place or address of business or employment; or (iii) by emailing it to the person's email address; or (b) in any other case – (i) by leaving it at, or sending it by post to, the person or entity's postal address or place or address of business or office; or (ii) by emailing it to the person or entity's email address. 14. Delegation by Registrar The Registrar may delegate any of his or her functions and powers under this Act, other than this power of delegation. PART 3 - Requirement for Registration 15. Person required to be registered to engage in regulated activity (1) Subject to subsection (2) , a person is required to be registered in a category of registration if the person engages, in relation to a person who isa member of the class of vulnerable persons to whom that category of registration relates, in a regulated activity that is prescribed, or determined, in respect of that category of registration. (2) However, a person is not required to be registered in relation to a regulated activity that is prescribed or determined in respect of a category of registration – (a) if – (i) the person is registered under a corresponding law; and (ii) the regulated activity is substantially similar to an activity or service that the person is allowed, by that registration, to engage in under the corresponding law; and (iii) the class of persons in relation to whom the person engages in a regulated activity is substantially similar to the class of vulnerable persons to whom the registration under the corresponding law relates; and (iv) the registration under a corresponding law has not been renewed after the person has, in the opinion of the Registrar, become a resident of this State; or (b) if the person is engaged in the regulated 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 of the Commonwealth; or (c) if the person is – (i) engaged in the regulated activity (other than a regulated activity that consists of an overnight camp, excursion or stay) for a particular employer in circumstances that do not involve the person being in contact with a vulnerable person; and (ii) so engaged in the regulated activity for that particular employer in those circumstances on not more than 7 days in any calendar year; or (d) if the person is a member of a class of persons prescribed by the regulations as not being required to hold registration under this Act in a category of registration in respect of which the regulated activity is prescribed or determined; or (e) if the person is engaged in a regulated activity in circumstances that are prescribed in the regulations as circumstances in which a person is not required to hold registration under this Act in a category of registration in respect of which the regulated activity is prescribed or determined. (3) For the purpose of determining the number of days for which a person is engaged in a regulated activity, any engagement in the regulated activity on a particular day, regardless of the actual time spent engaging in that activity on that day, is taken to be engagement in the regulated activity on that day. (4) Subsection (2) does not apply to a person engaged in a regulated activity if – (a) the person has been provided with a negative notice in respect of an application for registration in a category of registration in respect of which the regulated activity is prescribed or determined; or (b) the person's registration in a category of registration for which the regulated activity is prescribed or determined has been cancelled under section 51 . 16. Offence to engage in regulated activity unless registered (1) A person who is required to be registered to engage in a regulated activity, but is not so registered with a registration in a category of registration allowing engagement in that regulated activity in relation to the class of vulnerable persons to whom that category of registration relates, must not engage in the regulated activity knowing, or with reckless disregard as to whether or not, he or she – (a) is engaging in the regulated activity; or (b) is required to be registered with such registration to engage in the regulated activity; or (c) is registered with such registration. Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (2) This section does not apply to a person if – (a) the person is not registered; but (b) the person engages in a regulated activity under section 18 . 16A. Offence for registered person in volunteer class to engage in regulated activity for financial or other material benefit or reward (1) A registered person who is registered in the class of volunteer must not engage in a regulated activity for financial or other material benefit or reward. Penalty: Fine not exceeding 50 penalty units. (2) If a registered person applies, before or on the day of first engaging in a regulated activity for financial or other material benefit or reward, to amend his or her registration to the class of employee/volunteer, subsection (1) does not apply for the period – (a) commencing on the day on which the registered person first engages in the regulated activity for financial or other material benefit or reward; and (b) ending when the Registrar notifies the registered person of the Registrar's determination of the application under section 41A . 17. Offence for employer to engage unregistered person in regulated activity (1) An employer must not engage a person, or require a person to be engaged, in a regulated activity for the first time if the person – (a) is required to be registered to engage in the activity; and (b) is not so registered with a registration allowing that engagement. Penalty: Fine not exceeding 50 penalty units. (2) If a person is required to be registered to engage in a regulated activity in relation to a class of vulnerable persons and is not so registered with a registration in a category of registration allowing that engagement in relation to the class of vulnerable persons, the employer of the person must not engage the person, or require the person to be engaged, in the regulated activity in relation to a class of vulnerable persons, knowing, or with reckless disregard as to whether or not – (a) the employer is engaging the person in a regulated activity; or (b) the person is not so registered with a registration allowing that engagement in relation to that class of vulnerable persons. Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 2 years, or both. (3) This section does not apply to an employer if an unregistered person engages in a regulated activity for the employer under section 18 . 17A. Offence for employer to engage person registered in class of volunteer in regulated activity for person's financial or other material benefit or reward (1) An employer must not engage a person, or require a person to be engaged, in a regulated activity for the first time if – (a) that engagement will result in the person receiving from the employer a financial or other material benefit or reward; and (b) the person is registered in the class of volunteer. Penalty: Fine not exceeding 50 penalty units. (2) If a registered person applies, before or on the day of first engaging in a regulated activity for financial or other material benefit or reward, to amend his or her registration to the class of employee/volunteer, subsection (1) does not apply for the period – (a) commencing on the day on which the registered person first engages in the regulated activity for financial or other material benefit or reward; and (b) ending when the Registrar notifies the registered person of the Registrar's determination of the application under section 41A . 18. Unregistered person may engage in regulated activity in certain supervised employment circumstances (1) In this section – approved risk management plan means a plan in a form approved by the Registrar for the purposes of this section; eligible person means a person – (a) who has not previously been given a negative notice or a substantially similar notice under a corresponding law; and (b) who has not had a previous registration suspended or cancelled; and (c) whose most recent registration, if any, was not conditional. (2) This section applies to an eligible person who is not registered if – (a) the person has applied for registration under section 19 ; and (b) the Registrar has not – (i) registered the person; or (ii) provided to the person a negative notice in relation to the application; or (iii) provided to the person a notice under subsection (5) ; and (c) the person has not withdrawn the application. (3) An eligible person may engage in a regulated activity for which he or she is required to be registered if – (a) the eligible person included a named employer for the regulated activity on his or her application for registration; and (b) the named employer has agreed to engage the eligible person in the regulated activity; and (ba) the named employer is satisfied that the eligible person has applied for registration under section 19 and that the application has not been determined; and (bb) the named employer – (i) has an approved risk management plan that is relevant to the eligible person being engaged in that regulated activity for that named employer; and (ii) is implementing that plan in respect of the eligible person while the eligible person is engaged in that regulated activity under this section; and (c) unless the regulations have prescribed that this paragraph does not apply to the regulated activity, a registered person is present at all times while the unregistered person is engaged in the regulated activity. (4) At any time after receiving an application for registration, the Registrar may determine that the applicant is not entitled, under subsection (3) , to engage in the regulated activity specified in the application if, after taking into account relevant information, the Registrar reasonably suspects that the applicant may be refused registration or issued with a negative notice. (5) On making a determination under subsection (4) , the Registrar is to provide the applicant, and all relevant named employers in the application, with a notice stating that the applicant is not entitled to engage in the regulated activity before the person is registered. (6) An applicant who is the subject of a determination made under subsection (4) may, at any time after 6 months after the notice in respect of that determination is provided to the applicant under subsection (5) , apply to the Registrar to review that determination. (7) On receiving an application under subsection (6) to review a determination, the Registrar may – (a) confirm that determination; or (b) reverse that determination. (8) On completing a review under subsection (7) , the Registrar is to provide the applicant, and all relevant named employers notified under subsection (5) in relation to the original application, with a notice stating whether or not the applicant is entitled to engage in the regulated activity before the person is registered. 18A. Unregistered person may engage in regulated activity in special circumstances (1) In this section – prescribed period has the same meaning as in section 17 of the Magistrates Court (Administrative Appeals Division) Act 2001 ; relevant regulated activity means a regulated activity that is prescribed by the regulations to be a relevant regulated activity, in relation to a class of vulnerable persons, for the purposes of this section; special circumstances, in relation to a relevant regulated activity, means circumstances that are prescribed by the regulations to be special circumstances in relation to that relevant regulated activity. (2) A person may engage in, in relation to a class of vulnerable persons, a relevant regulated activity for which he or she is required to be registered if special circumstances exist – (a) for a period not exceeding 7 continuous days (including the day on which the person first engages in the relevant regulated activity); or (b) if the person applies for registration within 7 days after first engaging, in relation to a class of vulnerable persons, in the relevant regulated activity, for the period commencing on the day on which the person first engages in that activity and ending – (i) if the Registrar registers the person, when that registration takes effect; or (ii) if the Registrar refuses to register the person and the person does not apply for a review of the decision under section 53 within the prescribed period, on the expiration of the prescribed period; or (iii) if the Registrar refuses to register the person and the person applies for a review of the decision under section 53 within the prescribed period, when the review is determined by the Magistrates Court (Administrative Appeals Division) or, if that determination is that the application for registration is remitted to the Registrar for further determination, when the Registrar on further determination either registers the person or notifies the person that registration is refused. (3) For the purpose of determining the number of days for which a person is engaged, in relation to a member of a class of vulnerable persons, in a relevant regulated activity, any engagement, in relation to a member of the class of vulnerable persons, in the regulated activity on a particular day, regardless of the actual time spent engaging in that activity on that day, is taken to be engagement in the regulated activity for the whole of that particular day. PART 4 - Applying for Registration 19. Application for registration (1) A person may apply to the Registrar for registration under this Act in respect of one or more categories of registration. (2) An application – (a) if an application for registration form is approved by the Registrar under section 59 , is to be in that form; and (b) is to contain the information, and be accompanied by the documents, required under section 20 ; and (c) is to be accompanied by the fee prescribed by the regulations; and (d) is to be lodged in the manner prescribed by the regulations or, if no manner is so prescribed, in a manner approved by the Registrar. (3) Despite subsection (1) , a person who has been provided with a negative notice in relation to an application in a category of registration, or whose registration in a category of registration has been cancelled, may only apply under that subsection for registration in that category if – (a) the application is made after 5 years after the day on which the person was provided with the negative notice or the cancellation of the registration took effect; or (b) the Registrar is satisfied that there has been significant and exceptional change in the person's circumstances since that day. (4) If an application by a person for registration has been refused, or the registration of a person has been cancelled, under a corresponding law, the provisions of subsection (3) apply to that person as if the refusal or cancellation were the provision of a negative notice or cancellation under this Act. 20. Contents of application for registration (1) An application for registration must include – (a) the applicant's name, any previous name and any alias and previous alias; and (b) the applicant's current home address; and (c) evidence of the applicant's identity that is acceptable to the Registrar; and (d) the regulated activities that the applicant engages or intends to engage in; and (daa) the category of registration, or the categories of registration, in which the applicant is applying to be registered; and (da) a statement as to whether the applicant engages in or intends to engage in – (i) all the regulated activities only as a volunteer; or (ii) all or any of the regulated activities for financial or other material benefit or advantage; and (e) if the applicant engages or intends to engage in a particular regulated activity for a particular employer, or if the applicant is required by his or her employer or potential employer to be registered in relation to a particular regulated activity although the person is not required by this Act to be so registered – (i) the employer for the activity; and (ii) that employer's address and contact details; and (iii) the capacity in which the applicant engages or intends to engage in the activity for that employer, or the capacity in which the applicant is or will be employed by that employer; and (f) the applicant's date and place of birth; and (g) any other information prescribed by the regulations; and (h) any other information that is relevant to the determination of the application. (2) An application for registration must be accompanied by – (a) a consent by the applicant for the Registrar to – (i) check the applicant's criminal history, non-conviction information and any other information about the applicant that may be relevant in determining the application; and (ii) obtain information and advice from any entity, any other jurisdiction's public authority, any other government agency or part of such another government agency and any body, corporate or unincorporate, under section 29 in relation to the application or under section 45 in relation to the applicant's registration, should registration be granted; and (iii) contact any employer specified in accordance with subsection (1)(e) in relation to the status of the application or the applicant's registration, should registration be granted; and (b) a written statement by the applicant stating whether the applicant – (i) has been convicted or found guilty of a relevant offence outside Australia; and (ii) has been charged with a relevant offence outside Australia (if that charge has not been withdrawn or otherwise determined) – and, if so, giving details of the offence or charge; and (c) any other document prescribed by the regulations. 21. Registrar to notify applicant of certain matters On receipt of an application for registration, the Registrar must notify the applicant, in writing, of the following: (a) the rights and obligations of the applicant under this Act; (b) the information the applicant may supply to support the application; (c) the risk assessment order. 22. Requiring additional information (1) The Registrar may require an applicant to provide additional information or additional documents that the Registrar considers he or she needs to determine the application. (1A) A requirement under subsection (1) may specify a period of not less than 15 working days within which the applicant is to provide the additional information or additional documents. (1B) For the purposes of subsection (1) – (a) the additional information or additional documents that may be required under that subsection include, but are not limited to, references or medical reports in relation to the applicant; and (b) a requirement may relate to additional information or additional documents that do not exist at the time at which the requirement is made. (2) If an applicant does not comply with a requirement under subsection (1) , the Registrar may dismiss the application. (3) If an application is dismissed under subsection (2) , the Registrar is to notify, in writing, the applicant and any employer specified in the application, of that dismissal. 23. Registrar may request interview (1) The Registrar may request that an applicant attend an interview to provide additional information that the Registrar considers he or she needs to determine the application. (2) If an applicant agrees to attend an interview requested under subsection (1) , the applicant may have another person present during the interview to provide the applicant with support. (3) If an applicant does not comply with a request under subsection (1) , the Registrar may dismiss the application. (4) If an application is dismissed under subsection (3) , the Registrar is to notify, in writing, the applicant and any employer specified in the application, of that dismissal. 24. Offence for applicant to fail to disclose charge or conviction for relevant offence If, after lodging an application for registration, the applicant is charged with, convicted of or found guilty of a relevant offence before being registered or provided with a negative notice, the applicant must notify the Registrar of that charge, conviction or finding of guilt, in writing and within 10 working days after the day the applicant is so charged, convicted or found guilty. Penalty: Fine not exceeding 50 penalty units. 24A. Offence for applicant to fail to notify change of certain details (1) An applicant must notify the Registrar of any change in information relating to his or her name, address or employer – (a) if – (i) a form is approved under section 59 for this notification – in that form; or (ii) a form is not approved under section 59 for this notification – in writing; and (b) within 10 working days after the day on which the change occurs. Penalty: Fine not exceeding 10 penalty units. (2) It is sufficient compliance with subsection (1) if the applicant provides notification of the change of name, address or employer by providing it to the Registrar – (a) directly, in a manner approved by the Registrar; or (b) by lodging it with that part of the responsible Department in relation to the State Service Act 2000 known as Service Tasmania. 24B. Withdrawal of application (1) An applicant may withdraw his or her application for registration by notice, in writing, to the Registrar. (2) If an applicant withdraws an application under subsection (1) after one or more of the circumstances specified in subsection (3) occur, the Registrar is to – (a) record the withdrawal of the application on the Register; and (b) notify the person, and any named employer specified in the application, in accordance with section 32(3) as if the Registrar had refused to register the person under that section. (3) For the purposes of subsection (2) , the following circumstances are specified: (a) the applicant has been provided with a notice, under section 18(5) , stating that the applicant is not entitled to engage in the regulated activity before the person is registered; (b) the applicant is required to provide additional information or additional documents under section 22 ; (c) the applicant has been requested to attend an interview under section 23 ; (d) the applicant has been provided with a proposed negative notice under section 30 . PART 5 - Risk Assessments Division 1 - Meaning of risk assessment 25. Risk assessment defined A risk assessment is an assessment by the Registrar as to whether the person poses no risk, an acceptable risk or an unacceptable risk of harm to vulnerable persons, whether by reason of neglect, abuse or other conduct by the person. Note Examples of types of harm to a vulnerable person are sexual, physical, emotional and financial. Division 2 - Risk assessment orders 26. Risk assessment order (1) The Minister may make orders in relation to the conduct of risk assessments. (2) Without limiting the generality of subsection (1) , an order may – (a) provide for the matters, other than matters specified in section 28 , that the Registrar must or may take into account in conducting a risk assessment; and (b) specify how the matters referred to in paragraph (a) must or may be taken into account; and (c) specify the matters that the Registrar must not take into account in conducting a risk assessment; and (d) provide for the making of submissions to the Registrar in relation to any matter he or she must take into account in conducting a risk assessment; and (e) provide for what constitutes a change in relevant information about a person for the purposes of making an application for registration under section 19(3)(b) ; and (f) provide for matters relating to – (i) the provision of a proposed negative notice; and (ii) the reconsideration by the Registrar of his or her negative risk assessment that led to the issue of a proposed negative notice; and (g) provide for what constitutes new relevant information about a registered person for the purposes of section 46 . (3) An order may adopt, wholly or in part and with or without modification, and either specifically or by reference, any standards, rules, codes, specifications or other instruments, whether the standards, rules, codes, specifications or other instruments are published or issued before or after the commencement of this section. (4) A reference in subsection (3) to standards, rules, codes, specifications or other instruments includes a reference to an amendment of those standards, rules, codes, specifications or other instruments, whether the amendment is published or issued before or after the commencement of this section. (5) An order is a statutory rule within the meaning of the Rules Publication Act 1953 . (6) Section 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 apply to an order as if the order were regulations. 27. Availability of risk assessment order (1) The Registrar is to make the risk assessment order available to the public for inspection in the manner determined by the Registrar. (2) On the request of a person, the Registrar is to provide a copy of the risk assessment order, or part of the risk assessment order, to that person. Division 3 - Conducting risk assessments 28. Risk assessments (1) On receipt of an application for registration, the Registrar is to conduct a risk assessment of the applicant. (1AA) Without limiting what the Registrar may consider as part of a risk assessment, a risk assessment of a person requires consideration of each of the following questions, separately, in relation to the person: (a) whether or not any allegations of previous harm by the person are proven on the balance of probabilities; (b) whether the person poses an unacceptable risk of harm to a vulnerable person, regardless of whether any allegations of previous harm by the person are proven on the balance of probabilities. (1A) In conducting the risk assessment of a person, the Registrar, if he or she considers it relevant to determining whether the person poses a risk of harm to vulnerable persons generally or a class of vulnerable persons, or to determining the level of such risk, is to take into account – (a) the person's criminal history; and (b) the non-conviction information for the person; and (c) criminal intelligence information relevant to the person; and (d) the person's past reportable behaviour or similar behaviour under a corresponding law; and (e) whether the person has been refused registration under this Act or a corresponding law; and (f) whether the person, under this Act or a corresponding law, has had his or her previous registration under this Act or that law suspended or cancelled; and (g) the nature of the behaviour, or alleged behaviour, of the person that is relevant to the matter referred to in paragraph (a) , (b) , (d) , (e) or (f) . (1B) When determining as part of a risk assessment whether a person poses a risk of harm to vulnerable persons, the Registrar – (a) must consider all of the regulated activities the person will be permitted to engage in, if registered under this Act, and not just the regulated activities specified in the person's application for registration; and (b) may take into account any other matter that the Registrar considers relevant; and (c) may inform himself or herself on any matter as the Registrar thinks fit and is not bound by the rules of evidence including, but not limited to, any rules of evidence relating to tendency, coincidence and credibility. (2) The risk assessment is to be conducted in accordance with the regulations and the risk assessment order. 29. Matters not to be taken into account as part of risk assessment In performing a risk assessment in relation to a person under this Act, the Registrar must not take into account – (a) if the risk assessment relates to a person being registered under this Act, the impact that a failure to register the person may have, either directly or indirectly, on the person; or (b) if the risk assessment relates to a person who already holds registration under this Act, the impact that suspension, or cancellation, of that registration may have, either directly or indirectly, on the person. Division 4 - Negative risk assessments 30. Proposed negative notices (1) If the Registrar – (a) conducts a risk assessment of a person; and (b) is satisfied that the person poses an unacceptable risk of harm to vulnerable persons generally – the Registrar is to notify the person, in writing, that the Registrar intends to refuse to register the person. (2) A notice under subsection (1) is to state – (a) the reasons for the negative risk assessment; and (b) that the person may request the Registrar – (i) in accordance with the procedure prescribed by the regulations or otherwise set out in the notice; and (ii) within 20 working days after receiving the notice – to reconsider the negative risk assessment that led to the provision of the notice; and (c) that, if the person does not so request the Registrar to reconsider the negative risk assessment, the Registrar must provide to the person a negative notice. (2A) Despite subsection (2)(a) , the Registrar is not required to notify a person of the reasons for a negative risk assessment to the extent that to do so would – (a) prejudice – (i) the enforcement, or proper administration, of a law in a particular instance; or (ii) the fair trial of a person for an offence against a law; or (iii) the impartial adjudication of proceedings relating to an offence against a law; or (b) disclose, or enable the person to ascertain, the existence or identity of a confidential source of information in relation to the investigation of a contravention, or possible contravention, of the law or the enforcement, or proper administration, of the law; or (c) disclose methods or procedures for preventing, detecting or investigating, or dealing with matters arising out of, contraventions or evasions of a law, the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or (d) endanger the life or physical, emotional or psychological safety of another person, or increase the likelihood of harassment of or discrimination against another person; or (e) disclose information gathered, collated or created for intelligence, including but not limited to databases of criminal intelligence, forensic testing or anonymous information from the public; or (f) hinder, delay or prejudice an on-going investigation of a contravention, or possible contravention, of a law. (2B) In subsection (2A) – law means law of the Commonwealth, a State or a Territory. (3) The Registrar is not to notify a named employer – (a) that a proposed negative notice has been provided to a person; or (b) the reasons for providing the person with the proposed negative notice. (4) This section does not apply if the Registrar conducts a risk assessment of a person and is satisfied that the person has been convicted of a disqualifying offence. 31. Extension of period to request reconsideration of negative risk assessment (1) A person who has been provided with a proposed negative notice may apply (once only) for an extension of the period of 20 working days within which the person, as specified in that notice, may request the reconsideration of a negative risk assessment. (2) An application under subsection (1) – (a) is to be in writing; and (b) is to be made before the expiration of the period of 20 working days referred to in that subsection. (3) On receipt of an application under subsection (1) , the Registrar may – (a) extend the period of 20 working days referred to in that subsection (once only) for such longer period as the Registrar considers appropriate if satisfied on reasonable grounds that it is appropriate in the circumstances to extend that period; or (b) refuse to so extend that period of 20 working days. (4) The Registrar is to notify the applicant, in writing, of the Registrar's determination under subsection (3) and – (a) if the Registrar extends that period, is to specify the extended period in the notice; or (b) if the Registrar refuses to extend the period, is to specify the reasons for the refusal in the notice. 32. Refusal to register a person and negative notices (1) The Registrar must refuse to register a person if – (a) the Registrar reconsiders a negative risk assessment of a person at the request of a person provided with a proposed negative notice in respect of that negative risk assessment; and (b) the Registrar remains satisfied that the person poses an unacceptable risk of harm to vulnerable persons generally. (2) Also, the Registrar must refuse to register a person if – (a) the Registrar has provided to the person a proposed negative notice; and (b) the person does not request the Registrar – (i) in accordance with the procedure prescribed by the regulations or otherwise set out in the proposed negative notice; and (ii) within 20 working days after receiving the proposed negative notice or such extended period as the Registrar allows under section 31(3) – to reconsider the negative risk assessment that led to the provision of the proposed negative notice. (2A) The Registrar must refuse to register a person if the Registrar is satisfied that the person has been convicted of a disqualifying offence. (3) If the Registrar refuses to register a person, the Registrar is to – (a) notify the person, in writing, of that refusal to register the person and the reasons for it; and (b) notify any named employer, in writing, of the provision of a negative notice to the person but not of – (i) the reasons for refusing to register the person; or (ii) any information obtained, or used, in the conduct of the risk assessment. (4) Despite subsection (3)(a) , the Registrar is not required to notify a person of the reasons for a negative risk assessment to the extent that to do so would – (a) prejudice – (i) the enforcement, or proper administration, of a law in a particular instance; or (ii) the fair trial of a person for an offence against a law; or (iii) the impartial adjudication of proceedings relating to an offence against a law; or (b) disclose, or enable the person to ascertain, the existence or identity of a confidential source of information in relation to the investigation of a contravention, or possible contravention, of the law or the enforcement, or proper administration, of the law; or (c) disclose methods or procedures for preventing, detecting or investigating, or dealing with matters arising out of, contraventions or evasions of a law, the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or (d) endanger the life or physical, emotional or psychological safety of another person, or increase the likelihood of harassment of or discrimination against another person; or (e) disclose information gathered, collated or created for intelligence, including but not limited to databases of criminal intelligence, forensic testing or anonymous information from the public; or (f) hinder, delay or prejudice an on-going investigation of a contravention, or possible contravention, of a law. (5) In subsection (4) – law means law of the Commonwealth, a State or a Territory. (6) If the Registrar is required to refuse registration to a person under this section, any registration given to the person in contravention of this section is void. PART 6 - Registration Division 1 - Registration 33. Registration (1) In this section – positive risk assessment means the determination by the Registrar following a risk assessment of a person that the Registrar is satisfied that the person poses