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