Registration to Work with Vulnerable People Amendment Regulations 2014
I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Registration to Work with Vulnerable People Act 2013 .
13 October 2014A. M. BLOW
Lieutenant-Governor
By His Excellency's Command,
DR. VANESSA GOODWIN
Minister for Justice
These regulations may be cited as the Registration to Work with Vulnerable People Amendment Regulations 2014 .
These regulations take effect on 1 April 2015.
In these regulations, the Registration to Work with Vulnerable People Regulations 2014 are referred to as the Principal Regulations.
4. Part 2 substituted
Part 2 of the Principal Regulations is rescinded and the following Part is substituted:PART 2 - Regulated ActivitiesDivision 1 - Child-related activitiesIn this Division –child care Department means the department responsible for the administration of the Education and Care Services National Law (Application) Act 2011 ;child care service means –(a) an education and care service as defined in the Education and Care Services National Law (Tasmania); or(b) a child care service as defined in section 3(1) of the Child Care Act 2001 ; or(c) child care as defined in section 4 of the Child Care Act 2001 ;
Note Examples of some types of child care services are as follows:
(a) child care centres;
(b) family day care services;
(c) nanny services and other child-minding services provided on a commercial basis;
(d) babysitting services, unless the services are provided under a private arrangement (whether or not a fee is payable);
(e) au pair work, if the work involves the provision of child care.
child-related commercial service means –(a) a service or activity at a sporting, cultural or entertainment venue that is provided on a commercial basis primarily for children; or(b) an entertainment service or party service that is provided on a commercial basis primarily to or for children;
Note: Examples of child-related commercial services include –
(a) entertainment or party services provided on a commercial basis including magician, clown and animal shows for children; and
(b) gym and play facilities; and
(c) talent or beauty competitions for children.
child-related regulated activity means the regulated activity prescribed under regulation 4A ;child-related religious activity means –(a) a religious service conducted by a minister, priest, rabbi or other religious leader or spiritual officer in a religious organisation for a congregation that consists of or includes children; or(b) an activity or service provided for children which is conducted by or for the purposes of a religious organisation;
Note: Examples of activities under paragraph (b) include Sunday school activities and church youth activities.
child-related service means one or more of the following services:(a) a child care service;(b) a coaching or tuition service;(c) a child-related commercial service;(d) a child-related religious activity;(e) a club or association activity;club or association activity means a cultural, recreational, sporting or community activity or service provided primarily for children by a club, association, movement, society or other similar body;
Note: Examples of persons who are engaged in a club or association activity, and who by virtue of regulation 4A are required to be registered, include –
(a) sports coaches and sports team managers; and
(b) guide and scout leaders; and
(c) members of the board of management, or a committee, of the club, organisation, movement, society or other body; and
(d) track officials at children's athletics meets.
coaching or tuition service means a service involving coaching or tutoring children including, but not limited to, coaching and tutoring in a sport, driving, singing, a musical instrument, dance or educational matters;commencement day means the day on which the Registration to Work with Vulnerable People Amendment Regulations 2014 take effect;religious community service organisation means an organisation that is based in religion but that provides only practical or support services;
Note: Examples of such organisations include Mission Australia, Anglicare and Centacare that provide practical and support services but not religious services to congregations.
religious organisation means an organisation which conducts religious services to congregations or carries out religious work but does not include a religious community service organisation;safety screening clearance means a safety screening clearance issued by the child care Department for the purposes of the Education and Care Services National Regulations.4A. Child-related regulated activity
A child-related service is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.4B. Exemption for persons engaged in child-related regulated activity - generally
For the purposes of section 15(3)(p) of the Act, the classes of persons specified in column 2 of the table are prescribed, for the periods specified in column 3 of the table, as not being required to be registered to engage in the child-related regulated activity.
Column 1
Column 2
Column 3
Item no.
Classes of persons
No requirement to be registered
1.
Persons who have a safety screening clearance that expires during the period commencing on 1 July 2015 and ending on 30 June 2016
From the commencement day until 30 June 2015
2.
Persons who have a safety screening clearance that expires during the period commencing on 1 July 2016 and ending on 30 June 2017
From the commencement day until 31 December 2015
4C. Exemption for persons engaged in child-related regulated activity – commercial services
For the purposes of section 15(3)(p) of the Act, the following classes of persons are prescribed as not being required to be registered to engage in a child-related regulated activity:(a) performers, and other persons employed for the purposes of a performance, in children's entertainment who are not in direct physical contact with the child audience and who do not otherwise engage in the child-related regulated activity in any other capacity that would require registration;(b) performers, and other persons employed for the purposes of a performance, who work alongside child performers and who do not otherwise engage in the child-related regulated activity in any other capacity that would require registration;(c) employees at a party venue who do not have contact with children as part of the party activities and who do not otherwise engage in the child-related regulated activity in any other capacity that would require registration;(d) employees at a party venue who do not have contact with children other than to serve food or drink and who do not otherwise engage in the child-related regulated activity in any other capacity that would require registration;(e) suppliers of food, drink or equipment for a sporting, cultural or other entertainment venue and who do not otherwise engage in the child-related regulated activity in any other capacity that would require registration.4D. Exemption for persons engaged in child-related regulated activity – coaching and tuition services
For the purposes of section 15(3)(p) of the Act, the following classes of persons are prescribed as not being required to be registered to engage in a child-related regulated activity:(a) persons engaged in providing coaching or tutoring to the general public in situations where no coaching or tuition is provided to children separately from adults and who do not otherwise engage in the child-related regulated activity in any other capacity that would require registration;(b) persons engaged in providing coaching or tutoring as part of an informal arrangement with a neighbour, friend or relative and who do not otherwise engage in the child-related regulated activity in any other capacity that would require registration.4E. Exemption for persons engaged in child-related regulated activity – religious services
For the purposes of section 15(3)(p) of the Act, persons who are engaged in a child-related regulated activity in no other capacity than as members of a congregation at a religious service, and who do not otherwise engage in the child-related regulated activity in any other capacity that would require registration, are prescribed as not being required to be registered to engage in the child-related regulated activity.4F. Exemption for persons engaged in child-related regulated activity – clubs, associations, &c.
For the purposes of section 15(3)(p) of the Act, the following classes of persons are prescribed as not being required to be registered to engage in a child-related regulated activity:(a) lifeguards and lifesavers providing lifesaving services who do not otherwise engage in the child-related regulated activity in any other capacity that would require registration;(b) referees, umpires, linespersons or other sporting officials or grounds persons who are not in contact with children at sporting events for extended periods without other adults being present (other than track officials at children's athletic meets) and who do not otherwise engage in the child-related regulated activity in any other capacity that would require registration;(c) parents of children at a sporting, cultural or entertainment event if the parents are spectators only and if they do not otherwise engage in the child-related regulated activity in any other capacity that would require registration;(d) administrative staff of a club, organisation, movement, society or other body if their usual duties do not bring them into contact with children and if they do not otherwise engage in the child-related regulated activity in any other capacity that would require registration.Division 2 - Services of Registrar and assisting persons4G. Services performed by Registrar and persons assisting Registrar
(1) In this regulation –Registrar's activity means a function or power performed or exercised, under the Act, by the Registrar or a person assisting the Registrar, including any activity done or service provided in performing or exercising such a function or power.(2) A Registrar's activity is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.
5. Regulation 8 inserted
After regulation 7 of the Principal Regulations , the following regulation is inserted in Part 3:8. Savings and transitional provision
(1) In this regulation –commencement day means the day on which the Registration to Work with Vulnerable People Amendment Regulations 2014 take effect;child care regulated activity means the activity that was prescribed under former regulation 4 to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act;former regulation 4 means regulation 4 of the Registration to Work with Vulnerable People Regulations 2014 as in force immediately before the commencement day.(2) Those persons who were registered to engage in the child care regulated activity immediately before the commencement day are, from the commencement day, taken to be registered under regulation 4A to engage in the child-related regulated activity.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 22 October 2014
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Registration to Work with Vulnerable People Regulations 2014 by –(a) providing that a child-related commercial service, a child coaching and tuition service, a child-related religious activity and an activity provided by a club or association primarily for children is a regulated activity; and(b) providing exemptions for certain persons from the requirement to be registered to engage in the regulated activity referred to in paragraph (a); and(c) providing that an activity of the Registrar and persons assisting the Registrar is a regulated activity.