Registration to Work with Vulnerable People Amendment Act 2025

Registration to Work with Vulnerable People Amendment Act 2025

An Act to amend the Registration to Work with Vulnerable People Act 2013

Be it enacted by Her 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:

1.   Short title

This Act may be cited as the Registration to Work with Vulnerable People Amendment Act 2025 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Registration to Work with Vulnerable People Act 2013 is referred to as the Principal Act.

4.    Section 18 amended (Unregistered person may engage in regulated activity in certain supervised employment circumstances)

Section 18 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:

(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 –

(a) the Registrar reasonably suspects that the applicant may be –

(i) refused registration; or

(ii) issued with a negative notice; or

(b) the Registrar is satisfied that the applicant is subject to a determination, under a corresponding law, that is equivalent to a determination under this subsection.

5.    Section 19 amended (Application for registration)

Section 19 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "A" and substituting "Subject to subsections (3) and (4), a";

(b) by omitting from subsection (3) "Despite subsection (1) , a" and substituting "A";

(c) by omitting from subsection (3) "that subsection" and substituting "subsection (1)";

(d) by omitting subsection (4) and substituting the following subsections:

(4)  A person may only apply under subsection (1) for registration in a category of registration, where the person’s registration under a corresponding law in an equivalent category has been refused or cancelled, if the person is eligible to apply for registration under the corresponding law in the equivalent category that had been refused or cancelled.

(5)  Subsection (4) does not apply in respect of the refusal or cancellation of a person’s registration under a corresponding law if the Registrar is satisfied that the refusal or cancellation of the registration under the corresponding law was solely in response to the refusal or cancellation of the registration under a different corresponding law.

6.    Section 20 amended (Contents of application for registration)

Section 20(1) of the Principal Act is amended by inserting after paragraph (e) the following paragraph:

(ea) whether –

(i) the applicant has ever had an application for registration under a corresponding law refused; or

(ii) the applicant’s registration under a corresponding law has been suspended or cancelled; and

7.    Section 47A inserted

After section 47 of the Principal Act , the following section is inserted in Division 3:

47A.   Offence for registered person to fail to disclose certain matters under a corresponding law

(1)  A registered person must notify the Registrar if the person –

(a) is subject to a determination, under a corresponding law, that is equivalent to a determination under section 18(4) of this Act; or

(b) is issued with the equivalent of a negative notice under a corresponding law; or

(c) is registered under a corresponding law and that registration is or has been suspended, or cancelled, under the corresponding law.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Notification under subsection (1) must be made to the Registrar –

(a) in writing; and

(b) within 10 working days after the registered person becomes aware of the action taken under the corresponding law to which the notification relates.

8.    Section 49 amended (Grounds for suspension or cancellation of registration)

Section 49(4) of the Principal Act is amended by inserting after paragraph (a) the following paragraph:

(ab) must suspend a person’s registration if the Registrar is conducting an additional risk assessment of the person on the grounds that the person’s registration under a corresponding law has been suspended under that corresponding law; and

9.    Section 51 amended (Suspension or cancellation of registration)

Section 51 of the Principal Act is amended as follows:

(a) by inserting the following subsection after subsection (1A) :

(1B)  The Registrar must cancel a person's registration in a category of registration if the Registrar is satisfied that, while the person holds registration in that category under this Act –

(a) the person has been refused registration in an equivalent category of registration under a corresponding law; or

(b) the person’s registration in an equivalent category of registration under a corresponding law has been cancelled.

(b) by omitting from subsection (2) " subsection (1) or (1A) " and substituting "subsection (1), (1A) or (1B)".

10.   Repeal of Act

This Act is repealed on the first anniversary of the day on which it commenced.

[Second reading presentation speech made in:

House of Assembly on 6 NOVEMBER 2025

Legislative Council on 12 NOVEMBER 2025]