Australian Capital Territory Current Acts

OMBUDSMAN ACT 1989 - SECT 17EAC

    (1)     In this division:

"employee", of a designated entity—

        (a)     means a person who is engaged—

              (i)     under a contract of employment with the designated entity; or

              (ii)     by the designated entity to provide services to children (other than under a contract of employment); or

Examples

              •     out-of-home carer

              •     volunteer

              (iii)     by another entity (whether or not under a contract of employment) to provide services to children on behalf of the designated entity; and

Example

subcontractor

        (b)     for a designated entity that, in accordance with the Children and Young People Act 2008

, authorises an out-of-home carer to exercise daily care responsibility or long-term care responsibility for a child—includes an adult who stays for at least 21 days at premises provided by the authorised out-of-home carer for the child to live.

    (2)     However, for a designated entity that is a religious body, "employee"—

        (a)     means—

              (i)     a minister of religion, a religious leader or an officer of the religious body; or

              (ii)     a person who is engaged under a contract of employment with the religious body; or

              (iii)     a person who is engaged by the religious body to provide services (other than under a contract of employment) whether or not the services are provided to children; but

        (b)     does not include a person only because the person participates in worship.