Child Protection (Working with Children) Act 2012 No 51
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(1) (Repealed)(2) The governing body of an organisation must ensure that a person is not appointed on a permanent basis to a key position in the organisation that involves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.