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Contents (2012 - 51)
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Child Protection (Working with Children) Act 2012 No 51
Current version for 25 August 2017 to date (accessed 25 September 2017 at 01:52)
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.
9A   Employer must verify worker has clearance or current application
(1)  An employer must verify, in accordance with this section, that each worker who carries out, or is to carry out, child-related work for the employer:
(a)  is the holder of a working with children check clearance that authorises the work, or
(b)  has made a current application to the Children’s Guardian for a clearance of a class applicable to that work.
(2)  For the purposes of any such verification the employer must ensure that:
(a)  the relevant details of the worker are obtained by the employer, being:
(i)  the worker’s full name and date of birth, and
(ii)  the working with children number of the worker’s clearance or the application number of the worker’s current application, and
(b)  the employer has access to the working with children register, and
Note.
 Employers can gain access to the working with children register by registering online with the Children’s Guardian.
(c)  such of the relevant details of the worker as may be required by the Children’s Guardian are entered onto the working with children register, and
(d)  a record is kept of each of the following obtained from the working with children register and that record is retained by the employer for 7 years:
(i)  the working with children number of the worker,
(ii)  the date on which each clearance of the worker ceases to have effect.
(3)  Verification in respect of a worker under this section must occur before the worker commences child-related work and then again within 5 working days after each clearance of the worker ceases to have effect under section 22 (1).
(4)  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.
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.