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Contents (2012 - 51)
Child Protection (Working with Children) Act 2012 No 51
Current version for 25 August 2017 to date (accessed 23 November 2017 at 04:00)
Schedule 1
Schedule 1 Assessment requirement triggers
1   Offences
(1)  Proceedings have been commenced against a person:
(a)  for an offence specified in clause 1 of Schedule 2, if the offence was committed as a child (whatever the outcome of the proceedings), or
(b)  for an offence specified in clause 1 of Schedule 2, if the offence was committed as an adult, and the person is not because of those proceedings a disqualified person.
(2)  Proceedings have been commenced against a person for any of the following offences (whatever the outcome of those proceedings):
(a)  an offence involving intentional wounding of or causing bodily harm to a child by an adult (other than an offence specified in clause 1 of Schedule 2),
(b)  any sexual offence committed against, with or in the presence of a child, other than an offence specified in clause 1 of Schedule 2,
(c)  an offence under section 38 or 38A of the Crimes Act 1900 committed against a child,
(d)  an offence under section 45 or 45A of the Crimes Act 1900 committed against a child,
(e)  an offence under section 60E of the Crimes Act 1900,
(f)  an offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 committed against a child,
(g)  an offence under section 6 of the Prevention of Cruelty to Animals Act 1979.
(3)  Proceedings have been commenced against a person for any of the following offences (other than where a person has been found not guilty of the offence concerned):
(a)  an offence under section 43A of the Crimes Act 1900,
(b)  an offence under section 44 of the Crimes Act 1900 committed against a child,
(c)  an offence under section 227, 228 or 231 of the Children and Young Persons (Care and Protection) Act 1998,
(d)  an offence under section 530 of the Crimes Act 1900,
(e)  an offence under section 23A, 24 (1A) or (2A) or 25 (1A) of the Drug Misuse and Trafficking Act 1985,
(f)  any other offence, whether under the law of New South Wales or elsewhere, prescribed by the regulations for the purposes of this subclause.
(4)  A person has been convicted of an offence under section 61 of the Crimes Act 1900 committed against a child.
(4A)  A person has been convicted of an offence under section 91P, 91Q or 91R (1) or (2) of the Crimes Act 1900, being an offence committed against a child while the person was an adult.
(5)  Subclauses (1), (2), (3), (4) and (4A) apply to:
(a)  an offence an element of which is an intention to commit an offence of a kind listed in those subclauses, and
(b)  an offence under a law other than a law of New South Wales that is an offence similar to an offence listed in those subclauses, and
(c)  an offence of attempting, or of conspiracy or incitement, to commit an offence listed in those subclauses,
in the same way that they apply to the offences listed in those subclauses.
(6)  A person has been convicted of, or proceedings have been commenced against a person for, offences involving violence or sexual misconduct (whether or not listed in this Schedule or Schedule 2) sufficient to indicate a pattern of behaviour that warrants investigation as to whether it may cause a risk to the safety of children.
(7)  An offence is not specified for the purposes of this clause if it was an offence specified in this clause at the time of its commission and the conduct has ceased to be an offence in New South Wales.
2   Findings of misconduct involving children
A person has been the subject of a finding by a reporting body that the person engaged in the following conduct:
(a)  sexual misconduct committed against, with or in the presence of a child, including grooming of a child,
(b)  any serious physical assault of a child.
2A   Notification by Ombudsman
(1)  A person has been the subject of a notification of concern to the Children’s Guardian by the Ombudsman that, on a risk assessment by the Children’s Guardian, the Children’s Guardian may be satisfied that the person poses a risk to the safety of children.
(2)  A notification of concern is a notification made by the Ombudsman as a result of concerns arising from the receipt of information by the Ombudsman in the course of exercising the Ombudsman’s functions.
3   Application of Schedule
This Schedule applies to offences and other matters whether occurring before, on or after the commencement of this Schedule.