Contents (2012 - 51)
Child Protection (Working with Children) Act 2012 No 51
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.