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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 15 December 2017 at 05:44)
Schedule 3
Schedule 3 Savings, transitional and other provisions
Part 1 General
1   Regulations
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of this Act
2   Definitions
In this Part:
existing child-related worker means a worker who was engaged in child-related work immediately before the commencement of Part 2 of this Act.
existing employer means the employer of an existing child-related worker immediately before the commencement of Part 2 of this Act.
existing resident means an adult who was residing at the home of an authorised carer or a provider of an education and care service where foster care or an education and care service was provided immediately before the commencement of Part 2 of this Act.
former provisions means Part 7 of the Commission for Children and Young People Act 1998, as in force immediately before its repeal by this Act.
3   (Repealed)
4   Application of Act to existing self-employed persons
(1)  This clause applies to a person:
(a)  who was engaged in child-related work as a self-employed person immediately before the commencement of Part 2 of this Act, and
(b)  who was, immediately before the commencement of this clause, required to hold a child-related employment certificate.
(2)  A person to whom this clause applies who held a child-related employment certificate immediately before the commencement of this clause is not, until the expiry date of the person’s certificate, required to comply with Division 2 of Part 2 of this Act in respect of child-related work undertaken by the person as a self-employed person.
(3)  A person to whom this clause applies who did not hold a child-related employment certificate on the commencement of this clause is not required to comply with Division 2 of Part 2 of this Act in respect of child-related work undertaken by the person as a self-employed person until the day prescribed by the regulations for the purposes of this clause.
(4)  This clause does not apply to a person who:
(a)  is a disqualified person, or
(b)  is or has been subject to an interim bar, or
(c)  has had an application for a working with children check clearance refused, or
(d)  has had a working with children check clearance cancelled.
(5)  In this clause:
child-related employment certificate means a certificate issued under Part 2 of the Commission for Children and Young People Regulation 2009 to a self-employed person in which the Commission certified that the person was not a prohibited person (within the meaning of Part 7 of the Commission for Children and Young People Act 1998).
5   Staged implementation of new scheme
The regulations may make provision for or with respect to the following:
(a)  the application of this Act (or provisions of this Act) to classes of existing child-related workers or existing residents, and other persons who become child-related workers or residents subject to section 10 on or after the commencement of Part 2 of this Act, on and from a specified date or dates,
(b)  the obligations of persons who are child-related workers or such residents pending the application of this Act to those persons,
(c)  the exemption from this Act (or provisions of this Act) of, or the application of provisions of this Act to, classes of persons who are existing child-related workers or existing residents,
(d)  the application of the former provisions to existing child-related workers or existing residents, and other persons, pending the application of provisions of this Act to those persons.
6   Existing prohibited persons declarations
(1)  This clause applies to a person who is the subject of an order containing a declaration (in force immediately before the repeal of the former provisions) under section 33H or 33I of the former provisions that Division 2 of those provisions is not to apply to the person in respect of a specified offence (an existing declaration).
(2)  On the application of this Act to a person to whom this clause applies:
(a)  a person who is the subject of an unconditional existing declaration is taken to be the subject of an order under Part 4 of this Act declaring that the person concerned is not to be treated as a disqualified person in respect of the offence, and
(b)  any other person to whom this clause applies is to be treated as a disqualified person for the purposes of this Act.
7   Part subject to regulations
This Part is subject to the regulations.
Part 3 Provision consequent on enactment of Child Protection Legislation Amendment Act 2014
8   Potential adoptive parents
Section 11, as substituted by the Child Protection Legislation Amendment Act 2014 applies to and in respect of an application to adopt that has been made but not finally dealt with by the making of or refusal to make an adoption order before the commencement of this clause.
Part 4 Provisions consequent on enactment of Child Protection Legislation Amendment Act 2015
9   Definition
In this Part:
10   Restrictions on engaging in child-related work
Section 8 (3) (c) extends to offences occurring before the commencement of that paragraph, but not if the person charged with the offence has been convicted or found guilty of the offence before that commencement.
11   Employers must verify worker has clearance or current application
Section 9A extends to a worker who was employed before the commencement of that section and in such a case the requirement in that section that verification occur in respect of the worker before the worker commences child-related work is taken to be a requirement that verification occur within 3 months after the commencement of that section.
12   Governing body to ensure persons appointed to key positions hold clearance
Section 9B does not apply in respect of the appointment of a person to a key position before the commencement of that section.
13   Adult persons residing with authorised carers or home care service providers
(1)  Section 10 (5), as substituted by the amending Act, extends to offences occurring before that substitution, but not if the person charged with the offence has been convicted or found guilty of the offence before that substitution.
(2)  The period of 48 hours referred to in section 10 (5) (b) (ii) commences from the commencement of section 10 (3) in the case of an interim bar imposed before that commencement.
14   Responsible agency must verify person has clearance or current application
An agency that becomes the responsible agency for an adult person on the commencement of section 11B is not required to carry out a verification under that section in respect of the person until 3 months after that commencement.
15   Withdrawal of application for clearance
Section 13, as amended by the amending Act, extends to an application that was made before that amendment.
16   Matters for consideration
(1)  Sections 15 and 30, as amended by the amending Act, do not apply to an application for a clearance or an application for an administrative review of a decision to refuse an application for a clearance.
(2)  In this clause:
application for a clearance means an application for a working with children check clearance made by a person before 2 November 2015.
17   Request for further information
Section 16 (2), as amended by the amending Act, does not apply is respect of a request made by the Children’s Guardian before that amendment.
18   Interim bars
Section 17, as amended by the amending Act, extends to an application received, or an assessment commenced, before the commencement of those amendments.
19   Review and enabling order applications
(1)  Section 26, as in force before its substitution by the amending Act, continues to apply to a person who had made an application for a working with children check clearance which had not been withdrawn or finally determined before the commencement of the amending Act, but only in connection with matters arising out of that application.
(2)  Nothing in the amending Act affects any application made under Part 4 of this Act before the substitution of section 26 by the amending Act.
20   Notification by reporting bodies
Subject to the regulations, section 35 (1A) extends to findings made before the commencement of that subsection.
21   Disclosure of information to Secretary
Section 48A (1A) extends to information obtained or used by the Children’s Guardian before the commencement of that subsection.
22   Disqualifying offences
(1)  Schedule 2 as amended by the amending Act, and section 18 in its application to that Schedule as so amended, does not apply to or in respect of the following:
(a)  an application for a clearance made by a person before the commencement of the amending Act or an application for a further clearance made by that person on or after that commencement,
(b)  an application for a further clearance made on or after that commencement by a person who held a clearance immediately before that commencement.
(2)  A person who was the holder of a clearance immediately before the amendment of Schedule 2 by the amending Act is not, merely because of those amendments, a disqualified person for the purposes of this Act.
(3)  This clause does not affect the operation of this Act in relation to any offence committed on or after the commencement of the amending Act by a person referred to in subclause (1) or (2).
24   Cancellation of clearance where information has not been provided
Section 16, as amended by the amending Act, extends to a request for further information made before that amendment. However, in such a case the Children’s Guardian must not cancel a clearance until at least 3 months after that amendment.
25   Reviews and appeals
An amendment made to a provision of Part 4 of this Act by the amending Act does not apply to or in respect of a review (or an appeal arising from a review) if the review commenced before that amendment and that provision, as in force immediately before that amendment, continues to apply to and in respect of any such review or appeal.
26   False and misleading information and statements
Section 45A, as inserted by the amending Act, does not extend to a statement made or information furnished before the commencement of that section.