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[1]
- Current law
- Regulations & instruments
- Point-in-time versions
- Law history
Current version
Notes
- Uncommenced expiry of provisions.
| Effective | Files/Formats | Version | Published | Notes |
|---|---|---|---|---|
| 11 July 2024 | HTMLPDFWord | R23 | 11 July 2024 | Republication for amendments by A2024-33[5] |
Administering Minister and Directorate
- Minister for Disability, Carers and Community Services - Community Services Directorate
Legislative instruments
Legislative instruments under the Act and its subordinate laws
| Name | Type | Under | Effective | Year and No |
|---|---|---|---|---|
| Working with Vulnerable People (Background Checking) Regulation 2012[6] | Subordinate laws | s 71 | 30 September 2023 | SL2012-4 |
| Working with Vulnerable People (Background Checking) Risk Assessment Guidelines 2024[7] | Disallowable instruments | s 27 | 20 September 2024 | DI2024-295 |
| Working with Vulnerable People Background Checking (Fees) Determination 2024[8] | Disallowable instruments | s 68 | 1 July 2024 | DI2024-133 |
| Working with Vulnerable People (Background Checking) Independent Advisors Appointment 2025 (No 1)[9] | Notifiable instruments | s 34 | 7 March 2025 - 6 March 2027 | NI2025-111 |
Related instruments
| Name | Effective | Year and No |
|---|---|---|
| Public Sector Management (Working with Vulnerable People (Background Checking)) Delegation 2023[10] | 31 March 2023 | NI2023-164 |
Point-in-time versions
| Effective | Files/Formats | Version | Published | Notes |
|---|---|---|---|---|
| 11 July 2024 | HTMLPDFWord | R23 | 11 July 2024 | Republication for amendments by A2024-33[5] |
| 27 March 2024 - 10 July 2024 | HTMLPDFWord | R22 | 27 March 2024 | Republication for amendments by A2023-45[11] |
| 13 September 2023 - 26 March 2024 | HTMLPDFWord | R21 | 13 September 2023 | Republication for amendments by A2023-33[12] |
| 12 April 2023 - 12 September 2023 | HTMLPDFWord | R20 | 12 April 2023 | Republication for amendments by A2023-12[13] |
| 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[14] 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[15] 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[16], A2019-38[17] and A2020-29[18] 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[19] |
| 8 April 2020 - 13 May 2020 | HTMLPDFWord | R13 | 8 April 2020 | Republication for amendments by A2020-11[20] |
| 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[21] |
| 1 July 2017 - 23 May 2018 | HTMLPDFWord | R10 | 1 July 2017 | Republication for amendments by A2016-39[22] |
| 1 May 2017 - 30 June 2017 | HTMLPDFWord | R9 | 1 May 2017 | Republication for amendments by A2016-42[23] as amended by A2017-10[24] |
| 18 August 2016 - 30 April 2017 | HTMLPDFWord | R8 | 18 August 2016 | Republication for amendments by A2016-39[22] |
| 1 January 2016 - 17 August 2016 | HTMLPDFWord | R7 | 1 January 2016 | Republication for amendments by A2015-46[25] |
| 1 December 2015 - 31 December 2015 | HTMLPDFWord | R6 | 1 December 2015 | Republication for amendments by A2015-29[26] |
| 7 November 2015 - 30 November 2015 | HTMLPDFWord | R5 | 7 November 2015 | Republication for amendments by A2015-45[27] |
| 1 July 2015 - 6 November 2015 | HTMLPDFWord | R4 | 1 July 2015 | Republication for amendments by A2015-22[28] |
| 19 November 2014 - 30 June 2015 | HTMLPDFWord | R3 | 19 November 2014 | Republication for amendments by A2014-44[29] |
| 14 June 2013 - 18 November 2014 | HTMLPDFWord | R2 | 14 June 2013 | Republication for amendments by A2013-19[30] |
| 8 November 2012 - 13 June 2013 | HTMLPDFWord | R1 | 8 November 2012 | Republication for new Act and amendments by A2012-21[31] |
| 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[32].
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
Commencement
| Provision | Commencement date | Commencement method |
|---|---|---|
| s 1, s 2 | 8 November 2011 | LA[33] 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 |
|---|---|---|---|
| A2024-33[5] | Education and Care Services National Law (ACT) Amendment Act 2024 | sch 1 pt 1.8 | 11 July 2024 |
| A2023-45[11] | Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 | sch 1 pt 1.9 | 27 March 2024 |
| A2023-33[12] | Crimes Legislation Amendment Act 2023 | sch 2 pt 2.9 | 13 September 2023 |
| A2023-12[13] | Background Checking Legislation Amendment Act 2023 | pt 3 | 12 April 2023 |
| A2022-13[14] | Family Violence Legislation Amendment Act 2022 | pt 6 | 17 August 2022 |
| A2021-1[15] | COVID-19 Emergency Response Legislation Amendment Act 2021 | sch 1 pt 1.16 | 20 February 2021 |
| A2020-29[18] | Working with Vulnerable People (Background Checking) Amendment Act 2020 | ss 4-64 | 1 February 2021 |
| A2019-38[17] | Work Health and Safety Amendment Act 2019 | sch 1 pt 1.12 | 1 February 2021 |
| A2019-13[16] | Working with Vulnerable People (Background Checking) Amendment Act 2019 | ss 4-79 | 1 February 2021 |
| A2020-14[19] | COVID-19 Emergency Response Legislation Amendment Act 2020 | sch 1 pt 1.32 | 14 May 2020 |
| A2020-11[20] | COVID-19 Emergency Response Act 2020 | sch 1 pt 1.20 | 8 April 2020 |
| A2018-19[34] | Road Transport Reform (Light Rail) Legislation Amendment Act 2018 | sch 1 pt 1.11 | 24 May 2018 |
| A2016-39[35] | Reportable Conduct and Information Sharing Legislation Amendment Act 2016 | s 15 | 1 July 2017 |
| A2016-42[36] | Family Violence Act 2016 | sch 3 pt 3.22 | 1 May 2017 |
| A2016-39[35] | Reportable Conduct and Information Sharing Legislation Amendment Act 2016 | ss 12-14, s 16 | 18 August 2016 |
| A2015-46[37] | Children and Young People Amendment Act 2015 (No 3) | sch 1 | 1 January 2016 |
| A2015-29[38] | Veterinary Surgeons Act 2015 | sch 2 pt 2.13 | 1 December 2015 |
| A2015-45[39] | Spent Convictions (Historical Homosexual Convictions Extinguishment) Amendment Act 2015 | sch 1 pt 1.9 | 7 November 2015 |
| A2015-22[40] | Children and Young People Amendment Act 2015 (No 2) | sch 1 pt 1.1 | 1 July 2015 |
| A2014-44[41] | Statute Law Amendment Act 2014 (No 2) | sch 3 pt 3.13 | 19 November 2014 |
| A2013-19[42] | Statute Law Amendment Act 2013 | sch 3 pt 3.55 | 14 June 2013 |
| A2012-21[43] | Statute Law Amendment Act 2012 | sch 1 pt 1.3 | 8 November 2012 |