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Contents (2012 - 51)
Child Protection (Working with Children) Act 2012 No 51
Current version for 1 June 2018 to date (accessed 24 June 2018 at 19:08)
Part 2 Division 2
Division 2 Mandatory requirements for child-related work
8   Restrictions on engaging in child-related work
(1)  A worker must not engage in child-related work unless:
(a)  the worker holds a working with children check clearance of a class applicable to the work, or
(b)  there is a current application by the worker to the Children’s Guardian for a clearance of a class applicable to that work.
Maximum penalty: 100 penalty units, or imprisonment for 2 years, or both.
(2)  A worker must not engage in child-related work at any time that the worker is subject to an interim bar.
Maximum penalty: 100 penalty units, or imprisonment for 2 years, or both.
(3)  It is a defence to proceedings for an offence against this section if the accused person establishes that:
(a)  the accused person did not know, at the time the offence was committed, that the work concerned was child-related work, or
(b)  the accused person was exempted by the regulations from the requirement to hold a clearance, or
(c)  the offence was consequential on the relevant accused person being subject to an interim bar, having an application for a clearance refused or terminated or having a clearance cancelled and, at the time that the offence was committed, the accused person did not know about the interim bar, refusal, termination or cancellation.
Note.
 Division 3 also requires adult persons residing with authorised carers or approved providers of education and care services and potential adoptive parents to hold clearances or to have a current application for a clearance.
9   Employers must require clearance or current application
(1)  An employer must not commence employing, or continue to employ, a worker in child-related work if the employer knows or has reasonable cause to believe that:
(a)  the worker is not the holder of a working with children check clearance that authorises that work and that there is no current application by the worker to the Children’s Guardian for a clearance of a class applicable to that work, or
(b)  the worker is subject to an interim bar.
Maximum penalty: 100 penalty units, in the case of a corporation, and 50 penalty units in any other case.
(2)  It is a defence to proceedings for an offence against this section if the accused person establishes that, at the time the offence was committed:
(a)  the accused person had been advised by the Children’s Guardian that the worker was the holder of a clearance or that there was a current application by the worker for a clearance, or
(b)  the worker was exempted by the regulations from the requirement to hold a clearance.
(3)  This section extends to an employer who, in the course of business, arranges for the placement of a worker in employment with others (a placement agency) if:
(a)  the employment is child-related work, and
(b)  the placement agency is a person or a person of a class declared by the regulations to be subject to this section.
(4)  For the purposes of applying this section to a placement agency referred to in subsection (3), the placement agency is taken to employ the worker during any period in which the placement agency arranges for the employment of the worker in child-related work.
9A   Employer must verify and record clearance details
(1)  An employer must not commence employing, or continue to employ, a worker in child-related work unless the employer has obtained and verified the worker’s relevant details and made a record of those relevant details.
(2)  The worker’s relevant details are the following:
(a)  the worker’s full name and date of birth,
(b)  the working with children number of the worker’s clearance or the application number of the worker’s current application,
(c)  the expiry date for each clearance of the worker, being the date on which the clearance ceases to have effect.
(3)  The worker’s relevant details are taken to have been verified only if the relevant details accord with the information relating to the worker recorded in the working with children register as at the date the record is made by the employer.
(4)  An employer who employs a worker in child-related work must ensure that the record kept under subsection (1) in relation to a worker is updated no later than 5 working days after the expiry date for each clearance of the worker.
(5)  An employer must retain a record made under this section:
(a)  during the period in which the worker carries out child-related work for the employer, and
(b)  for a period of at least 7 years after the worker ceases to carry out child-related work for the employer.
(6)  An employer who, without reasonable excuse, fails to comply with subsection (1), (4) or (5) is guilty of an offence.
Maximum penalty: 100 penalty units (in the case of a corporation) or 50 penalty units (in any other case).
(7)  This section extends to an employer who, in the course of business, arranges for the placement of a worker in employment with others (a placement agency) if:
(a)  the employment is child-related work, and
(b)  the placement agency is a person or a person of a class declared by the regulations to be subject to this section.
(8)  For the purposes of applying this section to a placement agency referred to in subsection (7), the placement agency is taken to employ the worker during any period in which the placement agency arranges for the employment of the worker in child-related work.
(9)  This section does not apply:
(a)  in respect of an employer if the employer is an individual who is the parent of, or has the care of, a child or young person and the child-related work relates to that child or young person, or
(b)  in respect of a worker who is exempted by the regulations from the requirement to hold a clearance, or
(c)  in respect of an employer who is exempted by the regulations from this section.
9AA   Licensing authorities must verify and record clearance details
(1)  A licensing authority must not issue a relevant licence to a person unless the licensing authority has obtained and verified the person’s relevant details and made a record of those relevant details.
(2)  The person’s relevant details are the following:
(a)  the person’s full name and date of birth,
(b)  the working with children number of the person’s clearance or the application number of the person’s current application,
(c)  the expiry date for each clearance of the person, being the date on which the clearance ceases to have effect.
(3)  The person’s relevant details are taken to have been verified only if the relevant details accord with the information relating to the person recorded in the working with children register as at the date the record is made by the licensing authority.
(4)  A licensing authority must ensure that the record kept under subsection (1) in relation to a person who is the holder of a relevant licence issued by the licensing authority is updated no later than 5 working days after the expiry date for each clearance of the person.
(5)  A licensing authority must retain a record made under this section:
(a)  during the period in which the person holds a relevant licence issued by the licensing authority, and
(b)  for a period of at least 7 years after the person ceases to hold a relevant licence issued by the licensing authority.
(6)  A licensing authority that, without reasonable excuse, fails to comply with subsection (1), (4) or (5) is guilty of an offence.
Maximum penalty: 100 penalty units (in the case of a corporation) or 50 penalty units (in any other case).
(7)  This section does not apply:
(a)  in respect of a licensing authority that is exempted by the regulations from this section, or
(b)  in respect of the issue of a licence to a person who is exempted by the regulations from the requirement to hold a clearance.
(8)  In this section:
issue includes grant or renew.
licence means a licence, registration, accreditation, certificate, permit or any other authority.
licensing authority means a person or body responsible for issuing a licence.
relevant licence means a licence, or a licence of a class, declared by the regulations to be a relevant licence.
9B   Governing body to ensure persons appointed to key positions hold clearance
(1)    (Repealed)
(2)  The governing body of an organisation must ensure that a person is not appointed on a permanent basis to a key position in the organisation that involves child-related work unless the person is the holder of a working with children check clearance of a class applicable to that work.
Maximum penalty: 100 penalty units, in the case of a corporation, and 50 penalty units in any other case.
(3)  It is a defence to proceedings for an offence against subsection (2) if the governing body establishes that, at the time the offence was committed:
(a)  the governing body had been advised by the Children’s Guardian that the person was the holder of a clearance, or
(b)  the working with children register showed that the person was the holder of a clearance, or
(c)  the governing body was exempted by the regulations from the requirements of this section or the person was exempted from the requirement to hold a clearance.
(4)  The governing body of an organisation must ensure that whenever a person is appointed on a permanent basis to a key position in the organisation that involves child-related work:
(a)  a record is kept of how the governing body determined that the person held a working with children check clearance of a class applicable to that work, and
(b)  that record is retained by the organisation for at least 7 years.
Maximum penalty: 50 penalty units.
(5)  Nothing in this section prevents a person being appointed to a key position on a conditional basis, if there is a current application for a clearance of an appropriate class and appointment is conditional on the person obtaining the appropriate clearance as soon as is reasonably practicable and having that clearance considered by the governing body.