AustLII Tasmanian Numbered Regulations

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REGISTRATION TO WORK WITH VULNERABLE PEOPLE AMENDMENT REGULATIONS 2020 (S.R. 2020, NO. 93) - REG 12

Regulations 4FA , 4FB and 4FC inserted

After regulation 4F of the Principal Regulations , the following regulations are inserted in Division 1:

4FA.     Exemption for persons engaged in child and vulnerable adult-related (NDIS endorsed) activity

For the purposes of section 15(2)(d) of the Act, the following classes of persons are prescribed as not being required to be registered to engage in a child and vulnerable adult-related (NDIS endorsed) activity:
(a) a person specified in paragraph 14(a) or (c) of the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018;
(b) a person who is a worker of a registered NDIS provider complying with paragraph 14(b) of the National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018 .

4FB.     Exemptions for persons engaged in child-related activity

For the purposes of section 15(2)(e) of the Act, a person is not required to be registered to engage in a child-related activity in the following circumstances:
(a) if –
(i) the person is engaged in the activity (other than an activity that consists of an overnight camp for children) for a particular employer in circumstances that involve the person being in more than incidental physical contact with a child; and
(ii) at the same time as the person is so engaged in the activity for that particular employer, a registered person, or another person who is exempt from the requirement to be registered to engage in the activity, is also present and engaged in the activity for that particular employer; and
(iii) the person is so engaged in the activity for that particular employer for not more than 7 days in any calendar year;
(b) if the person is a close relative of each child who is taking part in the activity and with whom the person has contact;
(c) if the person is engaged in the activity as a volunteer and –
(i) is a close relative of a child taking part, or who normally takes part, in the activity; and
(ii) a close relative of each other child taking part in the activity is engaged, or is expected to be engaged, in the activity;
(d) if the person is engaged in the activity in the same capacity as the child with whom the person has contact;
(e) if the person is an employer or supervisor of a child, unless the child is engaged in a regulated activity;
(f) if the person is engaged in the activity as a correctional officer, within the meaning of the Corrections Act 1997 ;
(g) if the person is engaged in the activity and the only contact that the person has with a child is working with a record of the child;
(h) if the person is an emergency management worker and is engaged in the activity for the purposes of dealing with an emergency;
(i) if the person is engaged in the activity for a Tasmanian public authority or an agency of the Commonwealth (including a body, corporate or unincorporate, established under an Act of the Commonwealth) and the only contact that the person has with a child is providing a service to the child at a public counter or shopfront or by telephone, unless the person has more than incidental contact with the child;
(j) if the person is engaged in the activity and the only contact that the person has with a child is providing information to, or receiving information from, the child by telephone, unless the person has more than incidental contact with the child.

4FC.     Exemptions for persons engaged in child-related activity or child and vulnerable adult-related (NDIS endorsed) activity

For the purposes of section 15(2)(e) of the Act, a person is not required to be registered to engage in a child-related activity, or a child and vulnerable adult-related (NDIS endorsed) activity, in the following circumstances:
(a) if the person is under the age of 16 years;
(b) if –
(i) the person is engaged in the regulated activity as a school student on a work experience placement or doing practical training; and
(ii) at the same time as the person is so engaged in the regulated activity, a registered person is also present and engaged in the regulated activity.



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