Tasmanian Numbered Regulations Tasmanian Numbered Regulations
Clause 3
PART 1 - Interpretation
1. InterpretationIn this Schedule –at-risk person means an adult who is, or may be, unable to take care of himself or herself, or unable to protect himself or herself from harm or exploitation, due to age, illness or disability;parent includes a guardian, within the meaning of the Children, Young Persons and Their Families Act 1997 , a step-parent, a surrogate parent, an adoptive parent and a foster parent;person under care means a child or at-risk person who has a relationship with the relevant person in the context of receiving support or services;relevant person means an applicant or an NDIS-registered person.
PART 2 - Presumed exclusion offences
Presumed exclusion offences | 1. | An offence under section 56 , 159 or 163 of the Criminal Code or section 9 of the Animal Welfare Act 1993 | 2. | An offence under section 167A of the Criminal Code or section 32(2A) of the Traffic Act 1925 , if the relevant person did not intend to cause the death of the victim to whom the offence relates | 3. | An offence under section 175 or 179 of the Criminal Code that is against a person who is neither a child nor an at-risk person, if the relevant person did not intend to cause the death of the victim to whom the offence relates | 4. | An offence under section 125A of the Criminal Code , if the relevant person did not use violence or coercion in the commission of the offence, the victim to whom the offence relates was aged 14 years or older at the time when the offence was committed and the relevant person is fewer than 5 years older than the victim to whom the offence relates | 5. | An offence under section 127 , 133 , 168 , 169 , 170(1) , 170A , 172 , 178A , 183(a) or 184A of the Criminal Code that is against a person who is neither a child nor an at-risk person | 6. | An offence under section 177 or 178 of the Criminal Code against a person under care | 7. | An offence under section 186 or 191A of the Criminal Code if the relevant person is the parent of the victim or if the victim is neither a child nor an at-risk person | 8. | An offence under section 240(2)(b) , 240A(1)(a) or (2)(c) of the Criminal Code , if the bodily harm caused in committing the offence is the equivalent of grievous bodily harm | 9. | An offence under section 250 , 251 , 252 , 252A , 253 , 253A , 278 , 279 , 280 , 284 , 288 or 290 of the Criminal Code , section 28 of the Misuse of Drugs Act 2001 or section 13A or 13B of the Police Offences Act 1935 against, or in relation to, a child or at-risk person | 10. | An offence under section 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 20 , 21 , 22 , 26 , 27 or 27A of the Misuse of Drugs Act 2001 and section 47 of the Poisons Act 1971 , if the offence involves a child or at-risk person | 11. | An offence under section 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 20 , 21 , 22 , 26 , 27 or 27A of the Misuse of Drugs Act 2001 and section 47 of the Poisons Act 1971 , if the quantity of the drug to which the offence relates is a trafficable quantity within the meaning of the Misuse of Drugs Act 2001 |
PART 3 - Specified Offences
Specified offences | 1. | An offence under section 75 , 80 , 100(b) , 139(b) , 162 , 167B , 173 , 174 , 176 , 184 , 192 , 234 , 234A , 240 , 240A , 241 , 242 , 244 , 245 , 268 , 268A , 269 , 269A , 276AA , 276B(1) or 276F of the Criminal Code | 2. | An offence under section 137 of the Criminal Code , if the offence took place within the boundaries of, or immediately adjacent to, a school | 3. | An offence under section 191(2) or 195 of the Criminal Code , if the offence is against a child or at-risk person | 4. | An offence under section 112 or 113 of the Firearms Act 1996 | 5. | An offence under section 13A or 13B of the Police Offences Act 1935 that is not against an at-risk person | 6. | An offence under section 32 or 35 of the Family Violence Act 2004 or section 106I of the Justices Act 1959 | 7. | An offence under section 50 of the Children, Young Persons and Their Families Act 1997 or section 105A of the Criminal Code , if the offence is against a child or at-risk person | 8. | An offence under section 6 , 7 , 8 , 9 , 10 , 11 , 20 , 21 , 22 , 23 , 24 or 27A of the Misuse of Drugs Act 2001 | 9. | An offence under section 8 , 10 or 11 of the Animal Welfare Act 1993 |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 30 December 2020
This order is administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the order)
This order specifies certain matters relating to the conduct of a risk assessment, under the Registration to Work with Vulnerable People Act 2013 , in respect of a person applying for registration under that Act in the category of registration that is child and vulnerable adult-related (NDIS endorsed) activity.