Registration to Work with Vulnerable People Amendment (Regulated Activities) Regulations 2016
I, the 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 .
4 April 2016C. WARNER
Governor
By Her Excellency's Command,
DR VANESSA GOODWIN
Minister for Justice
PART 1 - Preliminary
These regulations may be cited as the Registration to Work with Vulnerable People Amendment (Regulated Activities) Regulations 2016 .
(1) Except as provided by this regulation, these regulations take effect on 1 May 2016.(2) Part 3 takes effect on 1 August 2016.
PART 2 - Registration to Work with Vulnerable People Regulations 2014 Amended
In this Part, the Registration to Work with Vulnerable People Regulations 2014 are referred to as the Principal Regulations.
4. Part 2, Division 3: Heading amended
Division 3 of Part 2 of the Principal Regulations is amended by inserting in the heading to that Division "in respect of children" after "activities".
5. Regulations 4OA and 4OB inserted
After regulation 4M of the Principal Regulations , the following regulations are inserted in Division 3:4OA. Child accommodation service – regulated activity
(1) In this regulation –child accommodation service means a residential or business accommodation service conducted specifically for, or provided only or mainly to, children by persons who are not the parents, guardians, step-parents or adoptive parents of the children.(2) A child accommodation service is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.4OB. Child transport service – regulated activity
(1) In this regulation –child transport service means –(a) a service provided, in accordance with the Vehicle and Traffic Act 1999 , to test or assess the competence of an applicant to drive a motor vehicle; and(b) a service provided by a school-crossing patrol officer; and(c) a service provided in accordance with an ancillary certificate as defined in the Vehicle and Traffic Act 1999 .(2) A child transport service is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.
6. Regulations 5A and 5B inserted
After regulation 5 of the Principal Regulations , the following regulations are inserted in Part 3:For the purposes of Part 7A of the Act, reportable behaviour is behaviour that poses a risk of harm to vulnerable persons, whether by reason of neglect, abuse or other conduct.For the purposes of section 54B(3) of the Act, the following are prescribed entities:(a) an Agency, within the meaning of the State Service Act 2000 ;(b) the Police Service.
7. Schedule 1 amended (Fees)
Schedule 1 to the Principal Regulations is amended by inserting after item 3 the following item:
4.
Application for amendment of class of registration under section 41A(1) of the Act
58
8. Schedule 2 amended (Infringement Notice Offences)
Schedule 2 to the Principal Regulations is amended as follows:(a) by inserting after item 1 the following:
1A.
Section 16A(1)
1
(b) by inserting after item 3 the following:
3A.
Section 17A(1)
3
3B.
Section 48(1)
2
PART 3 - Registration to Work with Vulnerable People Regulations 2014 Further Amended
In this Part, the Registration to Work with Vulnerable People Regulations 2014 are referred to as the Principal Regulations.
10. Regulations 4OC and 4OD inserted
After regulation 4OB of the Principal Regulations , the following regulations are inserted in Division 3:4OC. Child health program and child health service – regulated activity
(1) In this regulation –child health program and child health service means a health program, and health service, conducted specifically for, or provided only or mainly to, children;health program means a health program as defined in the Health Practitioner Regulation National Law (Tasmania);health service means the following:(a) a health service as defined in the Health Practitioner Regulation National Law (Tasmania);(b) a service that is, or purports to be, a service for maintaining, improving, restoring or managing physical, or mental, health;(c) a service that is, or purports to be, a service for providing support to the provision of a health service referred to in paragraph (a) or (b) .(2) A child health program and child health service is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.4OD. Child mentoring service – regulated activity
(1) In this regulation –child mentoring service means a service conducted specifically for, or provided only or mainly to, children for the purpose of providing emotional support, mentoring or pastoral care.(2) A child mentoring service is prescribed to be a regulated activity for the purposes of the definition of regulated activity in section 3 of the Act.
PART 4 - Registration to Work with Vulnerable People Amendment Regulations 2015 Amended
In this Part, the Registration to Work with Vulnerable People Amendment Regulations 2015 are referred to as the Principal Regulations.
12. Regulation 2 amended (Commencement)
Regulation 2(3) of the Principal Regulations is amended by omitting "1 July 2016" and substituting "1 September 2016".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 13 April 2016
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) prescribing certain child-related activities and services to be regulated activities for the purposes of the Registration to Work with Vulnerable People Act 2013 ; and(b) prescribing certain other matters for the purposes of that Act.