Working with Vulnerable People (Background Checking) Act 2011
- Number
- A2011-44
- Status
- In Force
Notes
- For infringement notice offences under this Act see Magistrates Court (Working with Vulnerable People Infringement Notices) Regulation 2012
- Current law
- Regulations & instruments
- Point-in-time versions
- Law history
Current version
Notes
- Uncommenced expiry of provisions.
- Proposed amendments by Justice and Community Safety Legislation Amendment Bill 2025 (No 2).
- Proposed amendments by Statute Law Amendment Bill 2025.
| Effective | Files/Formats | Version | Published | Notes |
|---|---|---|---|---|
| 11 July 2024 | HTMLPDFWord | R23 | 11 July 2024 | Republication for amendments by A2024-33 |
Administering Minister and Directorate
- Minister for Disability, Carers and Community Services - Health and Community Services Directorate
Legislative instruments
Legislative instruments under the Act and its subordinate laws
| Name | Status | Classifier | Type | Under | Effective | Year and No |
|---|---|---|---|---|---|---|
| Working with Vulnerable People (Background Checking) Regulation 2012 | None | Subordinate laws | s 71 | 30 September 2023 | SL2012-4 | |
| Working with Vulnerable People Background Checking (Fees) Determination 2012 (No 1)(Repealed) | Repealed | Fee | Disallowable instruments | s 68 | 8 November 2012 - 30 June 2014 | DI2012-177 |
| Working with Vulnerable People (Background Checking) Risk Assessment Guidelines 2012 (No 1)(Repealed) | Repealed | Disallowable instruments | s 27 | 8 November 2012 - 6 August 2018 | DI2012-190 | |
| Working with Vulnerable People (Background Checking) Independent Advisors Appointment 2012(Repealed) | Repealed | Appointment | Notifiable instruments | s 34 | 8 November 2012 - 22 January 2013 | NI2012-467 |
| Working with Vulnerable People (Background Checking) Independent Advisors Appointment 2013 (No 1)(Repealed) | Repealed | Appointment | Notifiable instruments | s 34 | 23 January 2013 - 7 November 2015 | NI2013-28 |
| Working with Vulnerable People Background Checking (Fees) Determination 2014 (No 1)(Repealed) | Repealed | Fee | Disallowable instruments | s 68 | 1 July 2014 - 30 June 2015 | DI2014-200 |
| Working with Vulnerable People (Background Checking) Independent Advisors Appointment 2015(Repealed) | Repealed | Appointment | Notifiable instruments | s 34 | 16 June 2015 - 31 May 2018 | NI2015-310 |
| Working With Vulnerable People Background Checking (Fees) Determination 2015 (No 1)(Repealed) | Repealed | Fee | Disallowable instruments | s 68 | 1 July 2015 - 30 June 2016 | DI2015-181 |
| Working with Vulnerable People (Background Checking) Independent Advisors Appointment 2015 (No 2)(Repealed) | Repealed | Appointment | Notifiable instruments | s 34 | 26 November 2015 - 22 December 2015 | NI2015-674 |
| Working with Vulnerable People (Background Checking) Independent Advisors Appointment 2015 (No 3)(Repealed) | Repealed | Appointment | Notifiable instruments | s 34 | 23 December 2015 - 21 December 2018 | NI2015-732 |
| Working with Vulnerable People Background Checking (Fees) Determination 2016 (No 1)(Repealed) | Repealed | Fee | Disallowable instruments | s 68 | 1 July 2016 - 30 June 2017 | DI2016-171 |
| Working with Vulnerable People Background Checking (Fees) Determination 2017 (No 1)(Repealed) | Repealed | Fee | Disallowable instruments | s 68 | 1 July 2017 - 30 June 2018 | DI2017-174 |
| Working with Vulnerable People Background Checking (Fees) Determination 2018 (No 1)(Repealed) | Repealed | Fee | Disallowable instruments | s 68 | 1 July 2018 - 30 June 2019 | DI2018-137 |
| Working with Vulnerable People (Background Checking) Risk Assessment Guidelines 2018 (No 1)(Repealed) | Repealed | Disallowable instruments | s 27 | 7 August 2018 - 31 January 2021 | DI2018-223 | |
| Working with Vulnerable People (Background Checking) Independent Advisors Appointment 2018 (No 1)(Repealed) | Repealed | Appointment | Notifiable instruments | s 34 | 22 December 2018 - 2 September 2019 | NI2018-730 |
| Working with Vulnerable People Background Checking (Fees) Determination 2019 (No 1)(Repealed) | Repealed | Fee | Disallowable instruments | s 68 | 1 July 2019 - 3 August 2021 | DI2019-176 |
| Working with Vulnerable People (Background Checking) Independent Advisors Appointment 2019 (No 1)(Repealed) | Repealed | Appointment | Notifiable instruments | s 34 | 3 September 2019 - 3 February 2022 | NI2019-564 |
| Working with Vulnerable People (Background Checking) Amendment Regulation 2020 (No 1)(Repealed) | Repealed | Subordinate laws | s 71 | 6 May 2020 - 7 May 2020 | SL2020-18 | |
| Working with Vulnerable People (Background Checking) Risk Assessment Guidelines 2021 (No 1)(Repealed) | Repealed | Disallowable instruments | s 27 | 1 February 2021 - 19 September 2024 | DI2021-4 | |
| Working with Vulnerable People Background Checking (Fees) Determination 2021 (No 1) (Repealed) | Repealed | Fee | Disallowable instruments | s 68 | 4 August 2021 - 30 June 2022 | DI2021-202 |
| Working with Vulnerable People (Background Checking) Amendment Regulation 2021 (No 1)(Repealed) | Repealed | Subordinate laws | s 71 | 23 September 2021 - 24 September 2021 | SL2021-22 | |
| Working with Vulnerable People (Background Checking) Independent Advisors Appointment 2022 (No 1)(Repealed) | Repealed | Appointment | Notifiable instruments | s 34 | 4 February 2022 - 3 February 2025 | NI2022-31 |
| Working with Vulnerable People Background Checking (Fees) Determination 2022 (No 1)(Repealed) | Repealed | Fee | Disallowable instruments | s 68 | 1 July 2022 - 30 June 2023 | DI2022-70 |
| Working with Vulnerable People Background Checking (Fees) Determination 2023 (Repealed) | Repealed | Fee | Disallowable instruments | s 68 | 1 July 2023 - 30 June 2024 | DI2023-108 |
| Working with Vulnerable People Background Checking (Fees) Determination 2024(Repealed) | Repealed | Fee | Disallowable instruments | s 68 | 1 July 2024 - 30 June 2025 | DI2024-133 |
| Working with Vulnerable People (Background Checking) Declaration 2024 (No 1)(Repealed) | Repealed | Disallowable instruments | s 12 | 16 July 2024 - 26 August 2024 | DI2024-214 | |
| Working with Vulnerable People (Background Checking) Risk Assessment Guidelines 2024 | None | Disallowable instruments | s 27 | 20 September 2024 | DI2024-295 | |
| Working with Vulnerable People (Background Checking) Declaration 2024 (No 2)(Repealed) | Repealed | Disallowable instruments | s 12 | 8 November 2024 - 18 November 2024 | DI2024-300 | |
| Working with Vulnerable People (Background Checking) Independent Advisors Appointment 2025 (No 1) | None | Appointment | Notifiable instruments | s 34 | 7 March 2025 - 6 March 2027 | NI2025-111 |
| Working with Vulnerable People Background Checking (Fees) Determination 2025 | None | Fee | Disallowable instruments | s 68 | 1 July 2025 | DI2025-141 |
Related instruments
| Name | Effective | Year and No | Classification | Status |
|---|---|---|---|---|
| Public Sector Management (Working with Vulnerable People (Background Checking)) Delegation 2019 (No 1) (Repealed) | 16 October 2019 - 30 March 2023 | NI2019-630 | ni | Repealed |
| Public Sector Management (Working with Vulnerable People (Background Checking)) Delegation 2023 | 31 March 2023 | NI2023-164 | ni | None |
Point-in-time versions
| Effective | Files/Formats | Version | Published | Notes |
|---|---|---|---|---|
| 11 July 2024 | HTMLPDFWord | R23 | 11 July 2024 | Republication for amendments by A2024-33 |
| 27 March 2024 - 10 July 2024 | HTMLPDFWord | R22 | 27 March 2024 | Republication for amendments by A2023-45 |
| 13 September 2023 - 26 March 2024 | HTMLPDFWord | R21 | 13 September 2023 | Republication for amendments by A2023-33 |
| 12 April 2023 - 12 September 2023 | HTMLPDFWord | R20 | 12 April 2023 | Republication for amendments by A2023-12 |
| 30 March 2023 - 11 April 2023 | HTMLPDFWord | R19 | 30 March 2023 | Republication for expiry of provisions (div 6.6) |
| 17 August 2022 - 29 March 2023 | HTMLPDFWord | R18 (RI) | 23 September 2022 | Republication for amendments by A2022-13 Reissued for textual correction in schedule 2, items 5 and 6 |
| 20 February 2021 - 16 August 2022 | HTMLPDFWord | R17 (RI) | 23 September 2022 | Republication for amendments by A2021-1 Reissued for textual correction in schedule 2, items 5 and 6 |
| 1 February 2021 - 19 February 2021 | HTMLPDFWord | R16 (RI) | 23 September 2022 | Republication for amendments by A2019-13, A2019-38 and A2020-29 Reissued for textual correction in schedule 2, items 5 and 6 |
| 9 November 2020 - 31 January 2021 | HTMLPDFWord | R15 | 9 November 2020 | Republication for expiry of provision (s 70) |
| 14 May 2020 - 8 November 2020 | HTMLPDFWord | R14 | 14 May 2020 | Republication for amendments by A2020-14 |
| 8 April 2020 - 13 May 2020 | HTMLPDFWord | R13 | 8 April 2020 | Republication for amendments by A2020-11 |
| 9 November 2018 - 7 April 2020 | HTMLPDFWord | R12 | 9 November 2018 | Republication for expiry of provision (s 3) |
| 24 May 2018 - 8 November 2018 | HTMLPDFWord | R11 | 24 May 2018 | Republication for amendments by A2018-19 |
| 1 July 2017 - 23 May 2018 | HTMLPDFWord | R10 | 1 July 2017 | Republication for amendments by A2016-39 |
| 1 May 2017 - 30 June 2017 | HTMLPDFWord | R9 | 1 May 2017 | Republication for amendments by A2016-42 as amended by A2017-10 |
| 18 August 2016 - 30 April 2017 | HTMLPDFWord | R8 | 18 August 2016 | Republication for amendments by A2016-39 |
| 1 January 2016 - 17 August 2016 | HTMLPDFWord | R7 | 1 January 2016 | Republication for amendments by A2015-46 |
| 1 December 2015 - 31 December 2015 | HTMLPDFWord | R6 | 1 December 2015 | Republication for amendments by A2015-29 |
| 7 November 2015 - 30 November 2015 | HTMLPDFWord | R5 | 7 November 2015 | Republication for amendments by A2015-45 |
| 1 July 2015 - 6 November 2015 | HTMLPDFWord | R4 | 1 July 2015 | Republication for amendments by A2015-22 |
| 19 November 2014 - 30 June 2015 | HTMLPDFWord | R3 | 19 November 2014 | Republication for amendments by A2014-44 |
| 14 June 2013 - 18 November 2014 | HTMLPDFWord | R2 | 14 June 2013 | Republication for amendments by A2013-19 |
| 8 November 2012 - 13 June 2013 | HTMLPDFWord | R1 | 8 November 2012 | Republication for new Act and amendments by A2012-21 |
| 8 November 2012 | HTMLPDFWord | As notified | 8 November 2011 |
Bill and Explanatory statement
The bill and explanatory statement for this Act are accessed from Working with Vulnerable People (Background Checking) Bill 2010.
Notification statement
The Working with Vulnerable People (Background Checking) Act 2011 has been passed by the Legislative Assembly and is notified under the Legislation Act 2001.
Notified: 8 November 2011 (Parliamentary Counsel)
Act as notified
| Date notified | Effective | Files/Formats | Notes |
|---|---|---|---|
| 8 November 2011 | 8 November 2012 | HTMLPDFWord |
Commencement
| Provision | Commencement date | Commencement method |
|---|---|---|
| s 1, s 2 | 8 November 2011 | LA s 75 (1) |
| remainder | 8 November 2012 | s 2 (2) |
Expiries
| Provision | Expiry date | Expiry method |
|---|---|---|
| pt 9 | commences 1 February 2026 | s 74 |
| div 6.6 | 29 March 2023 (midnight) | expired at the end of a 6-month period during which no COVID-19 emergency had been in force (s 60D) |
| s 70 | 8 November 2020 (midnight) | s 70 (2) |
| s 3 | 8 November 2018 (midnight) | s 3 (2) |
Amendments
For section-by-section amendment annotations, see the amendment history in the endnotes in the current version of this law.
| Year and number | Amending law | Amending provision | Commencement date |
|---|---|---|---|
| A2019-38 | Work Health and Safety Amendment Act 2019 | sch 1 pt 1.12 | 1 February 2021 |
| A2019-13 | Working with Vulnerable People (Background Checking) Amendment Act 2019 | ss 4-79 | 1 February 2021 |
| A2020-11 | COVID-19 Emergency Response Act 2020 | sch 1 pt 1.20 | 8 April 2020 |
| A2020-14 | COVID-19 Emergency Response Legislation Amendment Act 2020 | sch 1 pt 1.32 | 14 May 2020 |
| A2020-29 | Working with Vulnerable People (Background Checking) Amendment Act 2020 | ss 4-64 | 1 February 2021 |
| A2016-39 | Reportable Conduct and Information Sharing Legislation Amendment Act 2016 | ss 12-14, s 16 | 18 August 2016 |
| A2018-19 | Road Transport Reform (Light Rail) Legislation Amendment Act 2018 | sch 1 pt 1.11 | 24 May 2018 |
| A2012-21 | Statute Law Amendment Act 2012 | sch 1 pt 1.3 | 8 November 2012 |
| A2013-19 | Statute Law Amendment Act 2013 | sch 3 pt 3.55 | 14 June 2013 |
| A2014-44 | Statute Law Amendment Act 2014 (No 2) | sch 3 pt 3.13 | 19 November 2014 |
| A2015-22 | Children and Young People Amendment Act 2015 (No 2) | sch 1 pt 1.1 | 1 July 2015 |
| A2015-29 | Veterinary Surgeons Act 2015 | sch 2 pt 2.13 | 1 December 2015 |
| A2015-45 | Spent Convictions (Historical Homosexual Convictions Extinguishment) Amendment Act 2015 | sch 1 pt 1.9 | 7 November 2015 |
| A2015-46 | Children and Young People Amendment Act 2015 (No 3) | sch 1 | 1 January 2016 |
| A2016-39 | Reportable Conduct and Information Sharing Legislation Amendment Act 2016 | s 15 | 1 July 2017 |
| A2016-42 | Family Violence Act 2016 | sch 3 pt 3.22 | 1 May 2017 |
| A2021-1 | COVID-19 Emergency Response Legislation Amendment Act 2021 | sch 1 pt 1.16 | 20 February 2021 |
| A2022-13 | Family Violence Legislation Amendment Act 2022 | pt 6 | 17 August 2022 |
| A2023-12 | Background Checking Legislation Amendment Act 2023 | pt 3 | 12 April 2023 |
| A2023-33 | Crimes Legislation Amendment Act 2023 | sch 2 pt 2.9 | 13 September 2023 |
| A2023-45 | Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 | sch 1 pt 1.9 | 27 March 2024 |
| A2024-33 | Education and Care Services National Law (ACT) Amendment Act 2024 | sch 1 pt 1.8 | 11 July 2024 |