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This is a Bill, not an Act. For current law, see the Acts databases.
CRIMES AMENDMENT (WORKING WITH CHILDREN-CRIMINAL HISTORY) BILL 2009
2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Crimes Amendment (Working With
Children--Criminal History) Bill 2009
No. , 2009
(Home Affairs)
A Bill for an Act to amend the Crimes Act 1914, and
for related purposes
i Crimes Amendment (Working With Children--Criminal History) Bill 2009 No. , 2009
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
1
Schedule 1--Amendments
3
Crimes Act 1914
3
Crimes Amendment (Working With Children--Criminal History) Bill 2009 No. , 2009 1
A Bill for an Act to amend the Crimes Act 1914, and
1
for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Crimes Amendment (Working With
5
Children--Criminal History) Act 2009.
6
2 Commencement
7
This Act commences on the day after this Act receives the Royal
8
Assent.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
2 Crimes Amendment (Working With Children--Criminal History) Bill 2009 No. ,
2009
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Amendments Schedule 1
Crimes Amendment (Working With Children--Criminal History) Bill 2009 No. , 2009
3
Schedule 1--Amendments
1
2
Crimes Act 1914
3
1 Section 85ZS
4
Omit "Without affecting the generality of section 85ZR", substitute "(1)
5
Subject to Division 6".
6
2 At the end of section 85ZS
7
Add:
8
(2) Subsection (1) does not affect the generality of section 85ZR.
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3 Subsections 85ZT(1) and (2)
10
Omit "Despite", substitute "Subject to Division 6, but despite".
11
4 Section 85ZU
12
Omit "Despite", substitute "Subject to Division 6, but despite".
13
5 Paragraph 85ZZ(1)(b)
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After "Division", insert "2 or".
15
6 Before section 85ZZH
16
Insert:
17
Subdivision A--Exclusions (Divisions 2 and 3)
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85ZZGA Object of Subdivision
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The object of this Subdivision is to help protect children from
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sexual, physical and emotional harm by permitting criminal history
21
information to be disclosed and taken into account in assessing the
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suitability of persons for work with children.
23
85ZZGB Exclusion: disclosing information to a person or body
24
Divisions 2 and 3 do not apply in relation to the disclosure of
25
information to a prescribed person or body if:
26
Schedule 1 Amendments
4 Crimes Amendment (Working With Children--Criminal History) Bill 2009 No. ,
2009
(a) the person or body is required or permitted by or under a
1
prescribed Commonwealth law, a prescribed State law or a
2
prescribed Territory law, to obtain and deal with information
3
about persons who work, or seek to work, with children; and
4
(b) the disclosure is for the purpose of the person or body
5
obtaining and dealing with such information in accordance
6
with the prescribed law.
7
85ZZGC Exclusion: person or body taking information into account
8
Divisions 2 and 3 do not apply in relation to the taking into account
9
of information by a prescribed person or body if:
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(a) the person or body is required or permitted by or under a
11
prescribed Commonwealth law, a prescribed State law or a
12
prescribed Territory law, to deal with information about
13
persons who work, or seek to work, with children; and
14
(b) the taking into account is:
15
(i) for the purpose of dealing with such information in
16
accordance with the prescribed law; or
17
(ii) required by or under a Commonwealth law, a State law
18
or a Territory law.
19
85ZZGD Exclusion: person or body disclosing information
20
Divisions 2 and 3 do not apply in relation to the disclosure of
21
information by a prescribed person or body if:
22
(a) the person or body is required or permitted by or under a
23
prescribed Commonwealth law, a prescribed State law or a
24
prescribed Territory law, to deal with information about
25
persons who work, or seek to work, with children; and
26
(b) the disclosure is required by or under a Commonwealth law,
27
a State law or a Territory law.
28
85ZZGE Prescribed persons and bodies
29
Before the Governor-General makes a regulation prescribing, for
30
the purposes of section 85ZZGB, 85ZZGC or 85ZZGD, a person
31
or body:
32
(a) to which information may be disclosed; or
33
(b) by which information may be taken into account or disclosed;
34
the Minister must be satisfied that the person or body:
35
Amendments Schedule 1
Crimes Amendment (Working With Children--Criminal History) Bill 2009 No. , 2009
5
(c) is required or permitted by or under a Commonwealth law, a
1
State law or a Territory law to obtain and deal with
2
information about persons who work, or seek to work, with
3
children; and
4
(d) complies with applicable Commonwealth law, State law or
5
Territory law relating to privacy, human rights and records
6
management; and
7
(e) complies with the principles of natural justice; and
8
(f) has risk assessment frameworks and appropriately skilled
9
staff to assess risks to children's safety.
10
85ZZGF Definitions
11
In this Subdivision:
12
child means a person who is under 18.
13
work includes the following:
14
(a)
work:
15
(i) under a contract of employment, contract of
16
apprenticeship or contract for services; or
17
(ii) in a leadership role in a religious institution, as part of
18
the duties of a religious vocation or in any other
19
capacity for the purposes of a religious institution; or
20
(iii) as an officer of a body corporate, member of the
21
committee of management of an unincorporated body or
22
association or member of a partnership; or
23
(iv) as a volunteer, other than unpaid work engaged in for a
24
private or domestic purpose; or
25
(v) as a self-employed person;
26
(b) practical training as part of a course of education or
27
vocational training;
28
(c) acting in a prescribed capacity or engaging in a prescribed
29
activity.
30
85ZZGG Review of operation of this Subdivision
31
(1) The Minister must cause a review of the operation of this
32
Subdivision to be conducted.
33
(2) The review must:
34
Schedule 1 Amendments
6 Crimes Amendment (Working With Children--Criminal History) Bill 2009 No. ,
2009
(a) start not later than 30 June 2011; and
1
(b) be completed within 3 months.
2
(3) The Minister must cause a written report about the review to be
3
prepared.
4
(4) The Minister must cause a copy of the report to be laid before each
5
House of the Parliament within 15 sitting days of that House after
6
the day on which the Minister receives the report.
7
Subdivision B--Exclusions (Division 3)
8
7 Paragraphs 85ZZH(e) and (f)
9
Repeal the paragraphs.
10
8 After section 85ZZJ
11
Insert:
12
Subdivision C--Other matters
13