New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Child Protection (Working with
Children) Bill 2012
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Object of Act 2
4 Safety and welfare of children to be paramount
consideration 2
5 Definitions 2
Part 2 Restrictions on child-related work
Division 1 Child-related work
6 Child-related work 5
7 Additional child-related work 6
b2012-025-07.d13
Child Protection (Working with Children) Bill 2012
Contents
Page
Division 2 Mandatory requirements for child-related work
8 Restrictions on engaging in child-related work 7
9 Employers must require clearance or current application 8
Division 3 Additional persons who must obtain
clearances
10 Adult persons residing with authorised carers or approved
providers must hold clearances 8
11 Potential adoptive parents 9
Part 3 Working with children check clearances
Division 1 Classes of clearances
12 Classes of clearances 10
Division 2 Applications for clearances
13 Applications for clearances 10
Division 3 Risk assessment of applicants and holders
14 Assessment requirements 11
15 Assessment of applicants and holders 11
16 Request for further information 12
17 Interim bars 12
Division 4 Determination of applications for clearances
18 Determination of applications for clearances 13
19 Notice of proposed refusal of application 13
20 Notice of final decision granting or refusing clearance 13
21 Embargo on further applications after refusal 14
Division 5 Duration and termination of clearances
22 Duration of clearances 14
23 Cancellation of clearances 14
24 Surrender of clearances 15
Division 6 Working with children register
25 Working with children register 15
Part 4 Reviews and appeals
26 No appeal in certain cases 16
27 Applications to Administrative Decisions Tribunal for
reviews of clearance decisions 16
28 Orders relating to disqualified and ineligible persons 16
Contents page 2
Child Protection (Working with Children) Bill 2012
Contents
Page
29 Further review of persons who obtain enabling orders 17
30 Determination of applications and other matters 18
Part 5 Provision of information
31 Powers of Commission to compel production of information 19
32 Incidental disclosure of information by DPP authorised 20
33 Notification of offences and other information 20
34 Notification of information relating to criminal history
for interstate child-related work screening 21
35 Notification by reporting bodies of conduct constituting
assessment requirement trigger 22
36 Enforcement notices 23
Part 6 Functions of Commission
37 Database functions of Commission 24
38 Commission's public awareness and advice functions 24
39 Commission's monitoring and auditing functions 24
40 Power to compel production of information for monitoring
or auditing purposes 24
Part 7 Miscellaneous
41 Act to bind Crown 26
42 Effect of Act on other rights and procedures 26
43 Protection of persons relating to child-related employment 26
44 Evidentiary certificate 27
45 Unauthorised disclosure or dishonest collection of
information 27
46 Obtaining information on disciplinary matters under
Government Information (Public Access) Act 2009 27
47 Relationship with other Acts and laws 28
48 Information about old offences may be given 28
49 Nature of proceedings for offences 28
50 Offences by corporations 28
51 Service of documents 29
52 Regulations 29
53 Review of Act 30
Schedule 1 Assessment requirement triggers 31
Schedule 2 Disqualifying offences 33
Schedule 3 Savings, transitional and other provisions 35
Schedule 4 Amendment of other Acts 38
Contents page 3
New South Wales
Child Protection (Working with
Children) Bill 2012
No , 2012
A Bill for
An Act with respect to checks and clearances for the purposes of working with
children; and for other purposes.
Clause 1 Child Protection (Working with Children) Bill 2012
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Child Protection (Working with Children) Act 2012. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Object of Act 7
The object of this Act is to protect children: 8
(a) by not permitting certain persons to engage in child-related work, 9
and 10
(b) by requiring persons engaged in child-related work to have 11
working with children check clearances. 12
Note. For other legislation relating to the safety, welfare and well-being 13
of children and the related functions of the Commission, see the 14
Commission for Children and Young People Act 1998. In particular, see 15
sections 10, 11, 14 and 16 of that Act. 16
4 Safety, welfare and well-being of children to be paramount consideration 17
The safety, welfare and well-being of children and, in particular, 18
protecting them from child abuse, is the paramount consideration in the 19
operation of this Act. 20
5 Definitions 21
(1) In this Act: 22
adult means a person who is 18 years of age or older. 23
approved provider means an approved provider under the Children 24
(Education and Care Services) National Law (NSW) or the Children 25
(Education and Care Services) Supplementary Provisions Act 2011. 26
assessment requirement--see section 14. 27
authorised carer has the same meaning as in the Children and Young 28
Persons (Care and Protection) Act 1998. 29
certified supervisor means a certified supervisor under the Children 30
(Education and Care Services) National Law (NSW) or the Children 31
(Education and Care Services) Supplementary Provisions Act 2011. 32
child-related work--see sections 6 and 7. 33
children means persons under the age of 18 years. 34
Page 2
Child Protection (Working with Children) Bill 2012 Clause 5
Preliminary Part 1
Commission means the Commission for Children and Young People 1
constituted by the Commission for Children and Young People Act 2
1998. 3
Commissioner means the Commissioner for the Commission for 4
Children and Young People. 5
conviction includes a finding that the charge for an offence is proven, 6
or that a person is guilty of an offence, even though the court does not 7
proceed to a conviction. 8
current application for a working with children check clearance means 9
an application that has not been finally determined or withdrawn or 10
terminated. 11
designated agency has the same meaning as in the Children and Young 12
Persons (Care and Protection) Act 1998. 13
disqualified person--see section 18 (1). 14
education and care service means an education and care service within 15
the meaning of the Children (Education and Care Services) National 16
Law (NSW) or a State regulated education and care service within the 17
meaning of the Children (Education and Care Services) Supplementary 18
Provisions Act 2011. 19
employer includes: 20
(a) a person who, in the course of business, arranges for the 21
placement of a person in employment with others, or 22
(b) a person who engages a person under a contract to perform work, 23
or 24
(c) a person who engages a worker to perform work as a volunteer 25
for the person under an agreement (whether written or unwritten). 26
enabling order--see section 28. 27
exercise a function includes perform a duty. 28
function includes a power, authority or duty. 29
government agency includes any public or local authority. 30
interim bar--see section 17 (1). 31
reporting body--see section 35 (4). 32
Tribunal means the Administrative Decisions Tribunal. 33
worker means any person who is engaged in work in any of the 34
following capacities: 35
(a) as an employee, 36
(b) as a self-employed person or as a contractor or subcontractor, 37
(c) as a volunteer, 38
Page 3
Clause 5 Child Protection (Working with Children) Bill 2012
Part 1 Preliminary
(d) as a person undertaking practical training as part of an 1
educational or vocational course (other than as a school student 2
undertaking work experience), 3
(e) as a minister, priest, rabbi, mufti or other like religious leader or 4
spiritual officer of a religion or other member of a religious 5
organisation. 6
working with children check clearance or clearance means an 7
authorisation that is in force under this Act to engage in child-related 8
work. 9
working with children check number means the number given for a 10
working with children check clearance under this Act. 11
(2) Notes included in this Act do not form part of this Act. 12
Page 4
Child Protection (Working with Children) Bill 2012 Clause 6
Restrictions on child-related work Part 2
Part 2 Restrictions on child-related work 1
Division 1 Child-related work 2
6 Child-related work 3
(1) A worker is engaged in child-related work for the purposes of this Act 4
if: 5
(a) the worker is engaged in work referred to in subsection (2) that 6
involves direct contact by the worker with children, or 7
(b) the worker is engaged in work in a child-related role referred to 8
in subsection (3). 9
(2) The work referred to is work for, or in connection with, any of the 10
following that is declared by the regulations to be child-related work: 11
(a) child development 12
mentoring and counselling services for children, 13
(b) child protection 14
child protection services, 15
(c) children's health services 16
the provision of health care in wards of hospitals where children 17
are treated and the direct provision of other child health services, 18
(d) clubs or other bodies providing services for children 19
clubs, associations, movements, societies or other bodies 20
(including bodies of a cultural, recreational or sporting nature) 21
providing programs or services for children, 22
(e) disability services 23
respite care or other support services for children with a 24
disability, 25
(f) early education and child care 26
education and care services, child care centres, nanny services 27
and other child care, 28
(g) education 29
schools or other educational institutions (other than universities) 30
and private coaching or tuition of children, 31
(h) entertainment for children 32
sporting, cultural or other entertainment venues used primarily 33
by children and entertainment services for children, 34
Page 5
Clause 7 Child Protection (Working with Children) Bill 2012
Part 2 Restrictions on child-related work
(i) justice services 1
detention centres (within the meaning of the Children (Detention 2
Centres) Act 1987) and juvenile correctional centres (within the 3
meaning of the Crimes (Administration of Sentences) Act 1999), 4
(j) religious services 5
any religious organisation, 6
(k) residential services 7
refuges used by children, long term home stays for children, 8
boarding houses or other residential services for children and 9
overnight camps for children, 10
(l) transport services for children 11
transport services especially for children, including school bus 12
services and taxi services for children with a disability and 13
supervision of school road crossings, 14
(m) other 15
any other service for children prescribed by the regulations. 16
(3) The following roles are referred to: 17
(a) an approved provider or manager of an education and care 18
service, 19
(b) a certified supervisor of an education and care service, 20
(c) an authorised carer, 21
(d) an assessment officer (within the meaning of section 27A of the 22
Children and Young Persons (Care and Protection) Act 1998), 23
(e) the principal officer of a designated agency, 24
(f) the principal officer of an accredited adoption service provider 25
within the meaning of the Adoption Act 2000, 26
(g) any other role with respect to children prescribed by the 27
regulations. 28
(4) In this section: 29
direct contact with children means: 30
(a) physical contact, or 31
(b) face to face contact. 32
7 Additional child-related work 33
(1) A worker is taken to be engaged in child-related work if the worker is 34
engaged, or proposes to engage, in work (other than as a volunteer) that 35
is the subject of a requirement under this section. 36
Page 6
Child Protection (Working with Children) Bill 2012 Clause 8
Restrictions on child-related work Part 2
(2) The employer or proposed employer of a worker engaged in work for 1
which a working with children check clearance is not required that 2
involves access to confidential records or information about children 3
may, by notice in writing to the worker, require the worker to obtain a 4
clearance for the purposes of engaging in the work concerned. 5
(3) The employer, or proposed employer, may at any time, by notice in 6
writing given to the worker, revoke a requirement made under this 7
section. 8
(4) An employer may make or revoke a requirement under this section only 9
with the approval of the Commission. 10
Division 2 Mandatory requirements for child-related work 11
8 Restrictions on engaging in child-related work 12
(1) A worker must not engage in child-related work unless: 13
(a) the worker holds a working with children check clearance of a 14
class applicable to the work, or 15
(b) there is a current application by the worker to the Commission for 16
a clearance of a class applicable to that work. 17
Maximum penalty: 100 penalty units, or imprisonment for 2 years, or 18
both. 19
(2) A worker must not engage in child-related work at any time that the 20
worker is subject to an interim bar. 21
Maximum penalty: 100 penalty units, or imprisonment for 2 years, or 22
both. 23
(3) It is a defence to proceedings for an offence against this section if the 24
accused person establishes that: 25
(a) the accused person did not know, at the time the offence was 26
committed, that the work concerned was child-related work, or 27
(b) the accused person was exempted by the regulations from the 28
requirement to hold a clearance. 29
Note. Division 3 also requires adult persons residing with authorised 30
carers or approved providers of education and care services and 31
potential adoptive parents to hold clearances or to have a current 32
application for a clearance. 33
Page 7
Clause 9 Child Protection (Working with Children) Bill 2012
Part 2 Restrictions on child-related work
9 Employers must require clearance or current application 1
(1) An employer must not commence employing, or continue to employ, a 2
worker in child-related work if the employer knows or has reasonable 3
cause to believe that: 4
(a) the worker is not the holder of a working with children check 5
clearance that authorises that work and that there is no current 6
application by the worker to the Commission for a clearance of a 7
class applicable to that work, or 8
(b) the worker is subject to an interim bar. 9
Maximum penalty: 100 penalty units, in the case of a corporation, and 10
50 penalty units in any other case. 11
(2) It is a defence to proceedings for an offence against this section if the 12
accused person establishes that, at the time the offence was committed: 13
(a) the accused person had been advised by the Commission that the 14
worker was the holder of a clearance or that there was a current 15
application by the accused person for a clearance, or 16
(b) the accused person was exempted by the regulations from the 17
requirement to hold a clearance. 18
Division 3 Additional persons who must obtain clearances 19
10 Adult persons residing with authorised carers or approved providers 20
must hold clearances 21
(1) An adult person (other than an authorised carer or an approved provider 22
of an education and care service) who resides at the home of an 23
authorised carer or an approved provider of an education and care 24
service where such a service is provided must hold a working with 25
children check clearance (of any class) or have made a current 26
application to the Commission for a clearance. 27
Maximum penalty: 100 penalty units, or imprisonment for 2 years, or 28
both. 29
(2) The designated agency that authorises the authorised carer in whose 30
home an adult person resides, or the approved provider of the education 31
and care service provided at the home where an adult person resides as 32
referred to in subsection (1), must ensure that the adult person complies 33
with that subsection. 34
Maximum penalty: 100 penalty units, in the case of a corporation, and 35
50 penalty units in any other case. 36
(3) It is a defence to proceedings for an offence against subsection (1) if the 37
accused person establishes that the accused person did not know, at the 38
Page 8
Child Protection (Working with Children) Bill 2012 Clause 11
Restrictions on child-related work Part 2
time the offence was committed, that the home was the home of an 1
authorised carer or an approved provider of an education or care service. 2
(4) It is a defence to proceedings for an offence under subsection (1) or (2) 3
if the accused person establishes that: 4
(a) at the time of the offence, the adult person had been living at the 5
home on a regular basis for a period of less than 3 weeks, or 6
(b) the adult person was exempted by the regulations from the 7
requirement to hold a clearance. 8
(5) For the purposes of the application of this Act (other than section 9) to 9
an adult person required by this section to hold a clearance, the 10
designated agency or approved provider referred to in subsection (2) is 11
to be treated as the employer of the adult person. 12
11 Potential adoptive parents 13
(1) This section applies to any person who submits an application under the 14
Adoption Act 2000 to adopt a child. 15
(2) The person assessing the application under that Act may request a 16
person to whom this section applies to be screened by the Commission 17
as if the person were an applicant for a working with children check 18
clearance of any class. 19
(3) The Commission is to treat such a request as if the person had applied 20
for a clearance for child-related work. 21
Page 9
Clause 12 Child Protection (Working with Children) Bill 2012
Part 3 Working with children check clearances
Part 3 Working with children check clearances 1
Division 1 Classes of clearances 2
12 Classes of clearances 3
(1) There are to be the following classes of working with children check 4
clearances: 5
(a) volunteer--authorising workers to engage in unpaid child-related 6
work, 7
(b) non-volunteer--authorising workers to engage in paid and 8
unpaid child-related work. 9
(2) Despite section 8, the holder of a volunteer clearance may engage in 10
paid child-related work if the person has been engaged in that work for 11
a period of 30 consecutive days or less. 12
Division 2 Applications for clearances 13
13 Applications for clearances 14
(1) A person may apply to the Commission for a working with children 15
check clearance. 16
(2) An application must: 17
(a) be in the form approved by the Commission, and 18
(b) be accompanied by any other information required by the 19
Commission, and 20
(c) specify the class of clearance applied for. 21
(3) The approved form must provide for the authorisation by the applicant 22
of, and the consent by the applicant to, the following in connection with 23
the application or any application under Part 4 and at any time while a 24
clearance is in force: 25
(a) the conduct of a criminal record check in respect of the applicant, 26
(b) the disclosure of the applicant's criminal history, 27
(c) other inquiries about the applicant relevant to the application or 28
clearance, 29
(d) without limiting paragraphs (b) and (c), disclosure of information 30
about the applicant relevant to whether the applicant may be 31
subject to an assessment requirement. 32
(4) The regulations may: 33
(a) prescribe the fee payable for an application and the manner in 34
which it is to be paid, and 35
Page 10
Child Protection (Working with Children) Bill 2012 Clause 14
Working with children check clearances Part 3
(b) require proof of identity to be provided by an applicant for a 1
clearance in the manner prescribed by the regulations or 2
approved by the Commission. 3
(5) An applicant may, at any time before the final determination of an 4
application (including after receipt of notice of a proposed refusal), 5
withdraw the application by notice in writing to the Commission. 6
Division 3 Risk assessment of applicants and holders 7
14 Assessment requirements 8
A person is subject to an assessment requirement under this Act if any 9
of the matters specified in Schedule 1 apply to the person. 10
15 Assessment of applicants and holders 11
(1) The Commission must conduct a risk assessment of an applicant for a 12
working with children check clearance, or the holder of a clearance, to 13
determine whether the applicant or holder poses a risk to the safety of 14
children if the Commission becomes aware that the applicant or holder 15
is subject to an assessment requirement. 16
(2) The Commission may conduct a risk assessment of the holder of a 17
clearance if the Commission becomes aware that the decision to grant 18
the clearance was based on wrong or incomplete information. 19
(3) Subsections (1) and (2) do not limit the circumstances in which the 20
Commission may conduct a risk assessment of an applicant or holder. 21
(4) In making an assessment, the Commission may consider the following: 22
(a) the seriousness of any matters that caused the assessment in 23
relation to the person, 24
(b) the period of time since those matters occurred and the conduct 25
of the person since they occurred, 26
(c) the age of the person at the time the matters occurred, 27
(d) the age of each victim of any relevant offence or conduct at the 28
time it occurred and any matters relating to the vulnerability of 29
the victim, 30
(e) the difference in age between the victim and the person and the 31
relationship (if any) between the victim and the person, 32
(f) whether the person knew, or could reasonably have known, that 33
the victim was a child, 34
(g) the person's present age, 35
(h) the seriousness of the person's total criminal record and the 36
conduct of the person since the matters occurred, 37
Page 11
Clause 16 Child Protection (Working with Children) Bill 2012
Part 3 Working with children check clearances
(i) the likelihood of any repetition by the person of the offences or 1
conduct or of any other matters that caused the assessment and 2
the impact on children of any such repetition, 3
(j) any information given in, or in relation to, the application, 4
(k) any other matters that the Commission considers necessary. 5
(5) The Commission may, but is not required to, notify the holder of a 6
clearance in writing if the Commission decides to conduct a risk 7
assessment of the holder. 8
16 Request for further information 9
(1) The Commission may, by notice in writing to an applicant for a working 10
with children check clearance or the holder of a clearance, request the 11
applicant or holder to provide further information about an offence or 12
other matter related to the application or clearance. 13
(2) The Commission may terminate an application for a clearance if the 14
applicant fails, without reasonable excuse, to provide the further 15
information within 6 months of the request being made and the 16
Commission has not withdrawn the request. 17
17 Interim bars 18
(1) The Commission may, at any time after receiving an application for a 19
working with children check clearance or commencing an assessment 20
of an applicant for or holder of a clearance, determine that the applicant 21
or holder is subject to an interim bar on engaging in child-related work. 22
(2) The Commission may make a determination under this section if it is of 23
the opinion that it is likely that there is a risk to the safety of children if 24
the applicant or holder engages in child-related work pending the 25
determination of the application or assessment. 26
(3) The Commission must, as soon as practicable after imposing an interim 27
bar, notify in writing the applicant or holder, and any employer or 28
proposed employer of the applicant or holder in child-related work (if 29
known to the Commissioner), that the applicant or holder is subject to 30
an interim bar on engaging in child-related work. 31
(4) An interim bar ceases to have effect: 32
(a) on notification in writing by the Commission to the applicant or 33
holder that the interim bar is revoked, or 34
(b) in the case of an applicant for a clearance, if the applicant is 35
granted a clearance, or 36
(c) 12 months after the interim bar takes effect, 37
whichever occurs first. 38
Page 12
Child Protection (Working with Children) Bill 2012 Clause 18
Working with children check clearances Part 3
Division 4 Determination of applications for clearances 1
18 Determination of applications for clearances 2
(1) The Commission must not grant a working with children check 3
clearance to the following persons (disqualified persons): 4
(a) a person convicted before, on or after the commencement of this 5
section of an offence specified in Schedule 2, if the offence was 6
committed as an adult, 7
(b) a person against whom proceedings for any such offence have 8
been commenced, if the offence was committed as an adult, 9
pending determination of the proceedings for the offence. 10
(2) The Commission must grant a clearance to a person who is subject to a 11
risk assessment under Division 3 unless the Commission is satisfied that 12
the person poses a risk to the safety of children. 13
(3) The Commission must grant a clearance to a person if it is satisfied that 14
the person is not a disqualified person and the person is not subject to a 15
risk assessment under Division 3. 16
19 Notice of proposed refusal of application 17
(1) If the Commission proposes not to grant a working with children check 18
clearance to a person, the Commission must notify the person in writing 19
of the proposed decision and that the person may make a submission to 20
the Commission within the period specified in the notice. 21
(2) The Commission must consider any submission made by an applicant 22
within that period before finally deciding the application. 23
(3) This section does not apply to an application for a clearance that is made 24
by a disqualified person. 25
20 Notice of final decision granting or refusing clearance 26
(1) The Commission must notify the applicant in writing of the 27
Commission's decision to grant or refuse to grant a working with 28
children check clearance. 29
(2) Notice of a decision to grant a clearance must include the working with 30
children check number. 31
(3) Notice of a decision not to grant a clearance must set out the reasons for 32
the refusal and the right to seek a review under Part 4. 33
(4) The Commission must notify the employer or proposed employer of an 34
applicant in writing of the refusal of an application for a clearance, if the 35
employer or proposed employer is known to the Commission. 36
Page 13
Clause 21 Child Protection (Working with Children) Bill 2012
Part 3 Working with children check clearances
21 Embargo on further applications after refusal 1
(1) A person who is refused a working with children check clearance is not 2
entitled to make a further application for a clearance: 3
(a) until 5 years after the date notice of the refusal was given to the 4
person, or 5
(b) unless there has been a change of circumstances under which a 6
further early application is permitted under this section. 7
(2) A further early application is permitted if any of the following occurs: 8
(a) proceedings that were pending at the date of the refusal are 9
withdrawn or dealt with without the person being found guilty of 10
the offence, 11
(b) a finding of guilt is quashed or set aside after the date of the 12
refusal, 13
(c) a finding the subject of an assessment requirement is quashed or 14
set aside or otherwise expressly or impliedly ceases to have effect 15
after the date of the refusal, 16
(d) the Commission permits a person to make such an application. 17
Division 5 Duration and termination of clearances 18
22 Duration of clearances 19
(1) A working with children check clearance ceases to have effect 5 years 20
after the date it is granted, unless it is sooner cancelled or surrendered. 21
(2) The holder of a clearance may apply for a new clearance at any time 22
within the period beginning 3 months before the expiry of the clearance. 23
23 Cancellation of clearances 24
(1) The Commission must cancel the working with children check 25
clearance of a person if the Commission becomes aware that the person 26
is a disqualified person or the Commission is satisfied that the person 27
poses a risk to the safety of children. 28
(2) The Commission must notify the holder of the clearance in writing of 29
the Commission's decision to cancel the clearance. 30
(3) Notice of a decision to cancel a clearance must set out the reasons for 31
the cancellation and the right to seek a review under Part 4. 32
(4) The Commission must notify the employer of the person in writing of 33
the cancellation of the clearance, if the employer is known to the 34
Commission. 35
Note. The holder of a clearance may also be made subject to an interim bar 36
(see section 17). 37
Page 14
Child Protection (Working with Children) Bill 2012 Clause 24
Working with children check clearances Part 3
24 Surrender of clearances 1
(1) The holder of a working with children check clearance may, at any time, 2
notify the Commission in writing that the holder wishes to surrender the 3
clearance. 4
(2) The Commission must cancel the clearance on receiving the notice. 5
(3) The Commission must notify the employer of the person concerned in 6
writing of the cancellation of the clearance, if the employer is known to 7
the Commission. 8
Division 6 Working with children register 9
25 Working with children register 10
(1) The Commission must establish a working with children register. 11
(2) The register must contain the following: 12
(a) particulars of applications for working with children check 13
clearances, including the application number and the status of the 14
applications, 15
(b) particulars of persons holding clearances, including the class and 16
expiry date of the clearances and their working with children 17
check numbers. 18
(3) The register is to be maintained in the manner and form approved by the 19
Commission. 20
(4) The Commission must ensure that information kept on the register is 21
accurate and up-to-date. 22
(5) The regulations may provide for information on the register to be made 23
publicly available in accordance with the regulations. 24
Page 15
Clause 26 Child Protection (Working with Children) Bill 2012
Part 4 Reviews and appeals
Part 4 Reviews and appeals 1
26 No appeal in certain cases 2
A person may not make an application under this Part: 3
(a) if the person has been convicted of the murder of a child, or 4
(b) if the person's application for a working with children check 5
clearance has been refused wholly or partly on the grounds that 6
the person has been charged with an offence and proceedings 7
related to that offence have not been finally determined. 8
27 Applications to Administrative Decisions Tribunal for reviews of 9
clearance decisions 10
(1) A person who has been refused a working with children check clearance 11
by the Commission may apply to the Tribunal for a review of the 12
decision within 28 days after notice of the decision was given to the 13
person. 14
(2) A person whose clearance is cancelled by the Commission may apply 15
to the Tribunal for a review of the decision within 28 days after notice 16
of the decision was given to the person. 17
(3) A person who is subject to an interim bar imposed by the Commission 18
may apply to the Tribunal for a review of the decision, but only if the 19
interim bar has been in force for more than 6 months. 20
(4) An applicant must fully disclose to the Tribunal any matters relevant to 21
the application. 22
(5) The Tribunal may not award costs. 23
(6) An appeal lies on a question of law to the Supreme Court by any party 24
to the proceedings. 25
(7) Section 53 of the Administrative Decisions Tribunal Act 1997 does not 26
apply to a decision that may be reviewed by the Tribunal under this 27
section. 28
28 Orders relating to disqualified and ineligible persons 29
(1) The Tribunal may, on the application of a disqualified person, make an 30
order declaring that the person is not to be treated as a disqualified 31
person for the purposes of this Act in respect of an offence specified in 32
the order (an enabling order). Any such order has effect according to its 33
tenor. 34
(2) The Tribunal may, on the application of a person who is not eligible to 35
apply for a clearance because the person has been previously refused a 36
clearance, make an order declaring that the person is to be treated as a 37
Page 16
Child Protection (Working with Children) Bill 2012 Clause 29
Reviews and appeals Part 4
person who is eligible to apply for a clearance (an enabling order). Any 1
such order has effect according to its tenor. 2
(3) A disqualified person may make an application under this section only 3
if: 4
(a) the person has been refused a working with children check 5
clearance, or 6
(b) the person's clearance has been cancelled, 7
because the person is a disqualified person. 8
(4) The Commission is to be a party to any proceedings for an order under 9
this section and may make submissions in opposition to or support of 10
the making of the order. 11
(5) An applicant must fully disclose to the Tribunal any matters relevant to 12
the application. 13
(6) If the Tribunal makes an enabling order, the Tribunal may order the 14
Commission to revoke an interim bar or to grant the person a clearance. 15
(7) In any proceedings where an enabling order is sought, it is to be 16
presumed, unless the applicant proves to the contrary, that the applicant 17
poses a risk to the safety of children. 18
(8) An enabling order may not be made subject to conditions. 19
(9) An appeal lies on a question of law to the Supreme Court by any party 20
to the proceedings. 21
29 Further review of persons who obtain enabling orders 22
(1) The Commission may apply to the Tribunal to revoke or vary an 23
enabling order made by the Tribunal. 24
(2) The Tribunal may: 25
(a) revoke an enabling order, if it is satisfied, on the basis of fresh 26
evidence provided by the Commission, that the person the subject 27
of the order poses a risk to the safety of children, or 28
(b) confirm an enabling order, if it is satisfied that the person is not 29
likely to pose such a risk. 30
(3) The Tribunal may consider fresh evidence provided by the 31
Commission. 32
(4) An appeal lies to the Supreme Court by any party to the proceedings. 33
Page 17
Clause 30 Child Protection (Working with Children) Bill 2012
Part 4 Reviews and appeals
30 Determination of applications and other matters 1
(1) The Tribunal must consider the following in determining an application 2
under this Part: 3
(a) the seriousness of the offences with respect to which the person 4
is a disqualified person or any matters that caused a refusal of a 5
clearance or imposition of an interim bar, 6
(b) the period of time since those offences or matters occurred and 7
the conduct of the person since they occurred, 8
(c) the age of the person at the time the offences or matters occurred, 9
(d) the age of each victim of any relevant offence or conduct at the 10
time they occurred and any matters relating to the vulnerability of 11
the victim, 12
(e) the difference in age between the victim and the person and the 13
relationship (if any) between the victim and the person, 14
(f) whether the person knew, or could reasonably have known, that 15
the victim was a child, 16
(g) the person's present age, 17
(h) the seriousness of the person's total criminal record and the 18
conduct of the person since the offences occurred, 19
(i) the likelihood of any repetition by the person of the offences or 20
conduct and the impact on children of any such repetition, 21
(j) any information given by the applicant in, or in relation to, the 22
application, 23
(k) any other matters that the Commission considers necessary. 24
(2) On an application under section 28 or 29, the Tribunal may, by order, 25
stay the operation of a determination by the Commission under this Act 26
relating to the applicant pending the determination of the matter. 27
Note. Division 2 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal 28
Act 1997 enables a decision the subject of an application under section 27 of 29
this Act to be stayed by the Tribunal. 30
(3) Part 1 of Chapter 7 of the Administrative Decisions Tribunal Act 1997 31
does not apply in respect of a decision of the Tribunal under this Part. 32
Page 18
Child Protection (Working with Children) Bill 2012 Clause 31
Provision of information Part 5
Part 5 Provision of information 1
31 Powers of Commission to compel production of information 2
(1) The Commission may, by notice in writing, require any government 3
agency to provide the Commission with information (including 4
documents) relevant to an assessment of whether a person poses a risk 5
to the safety of children. 6
(2) A notice under subsection (1) may be given for the purposes of: 7
(a) preparing submissions to the Tribunal under this Act or 8
section 16 of the Child Protection (Offenders Registration) Act 9
2000, or 10
(b) determining an application for a working with children check 11
clearance or an assessment of an applicant or the holder of a 12
clearance. 13
(3) A government agency to which any such notice is given is by this 14
section authorised and required to provide the Commission with the 15
information sought by the notice. 16
(4) The Commission may, by notice in writing, request a person other than 17
a government agency to provide the Commission with a statement 18
setting out information specified by the notice relevant to an assessment 19
of whether a person poses a risk to the safety of children for the 20
purposes of this Act. 21
(5) A person other than a government agency to whom any such request is 22
given is by this section authorised to provide the Commission with the 23
information requested. 24
(6) A notice under this section may specify a day on or before which the 25
notice is to be complied with. 26
(7) If documents are given to the Commission under this section, the 27
Commission: 28
(a) may take possession of, and make copies of or take extracts from, 29
the documents, and 30
(b) may keep possession of the documents for such period as is 31
necessary for the purposes of preparing the submission or 32
considering an application, and 33
(c) during that period must permit them to be inspected at all 34
reasonable times by the persons who would be entitled to inspect 35
them if they were not in the possession of the Commission. 36
Page 19
Clause 32 Child Protection (Working with Children) Bill 2012
Part 5 Provision of information
32 Incidental disclosure of information by DPP authorised 1
(1) The Director of Public Prosecutions is, on receipt of a notice under 2
section 31, authorised to disclose to the Commission information or 3
other documents that may contain information in addition to the 4
information required by the notice, whether or not that information or 5
those documents are subject to legal professional privilege or other 6
restrictions on disclosure. 7
(2) This section has effect despite any other Act or law. 8
33 Notification of offences and other information 9
(1) The Commissioner of Police is authorised at any time, in accordance 10
with this Part and the regulations, to disclose (or arrange for a member 11
of the NSW Police Force to disclose) to the Commission the following 12
information: 13
(a) information relating to any matter that may cause a person to be 14
a disqualified person or result in an assessment requirement 15
affecting a person, 16
(b) information relating to the criminal history of a person, including 17
(but not limited to) information about offences that cause or may 18
cause the person to be a disqualified person or result in an 19
assessment requirement affecting the person, 20
(c) without limiting paragraph (a) or (b), information relating to the 21
circumstances of an offence or other matter disclosed under this 22
section. 23
(2) Information that may be disclosed under this section includes: 24
(a) information relating to spent convictions, despite anything to the 25
contrary in the Criminal Records Act 1991, and 26
(b) information relating to criminal charges, whether or not heard, 27
proven, dismissed, withdrawn or discharged, and 28
(c) information relating to offences, despite anything to the contrary 29
in section 579 of the Crimes Act 1900. 30
(3) This section does not limit the persons to whom, or the circumstances 31
in which, information relating to the criminal history, including the 32
criminal record, of persons may be disclosed apart from this Act. 33
(4) Information about a person's criminal history may be disclosed under 34
this Act whether or not the information relates to events that occurred 35
when the person was under the age of 18 years. 36
Page 20
Child Protection (Working with Children) Bill 2012 Clause 34
Provision of information Part 5
34 Notification of information relating to criminal history for interstate 1
child-related work screening 2
(1) The Commissioner of Police may disclose (or arrange for a member of 3
the NSW Police Force to disclose) information relating to any criminal 4
history of persons to the following persons for the purposes of interstate 5
child-related work screening: 6
(a) CrimTrac, 7
(b) a police force or service of the Commonwealth or another State 8
or Territory, 9
(c) an approved interstate screening agency. 10
(2) A person to whom information is disclosed may disclose that 11
information to an approved interstate screening agency for the purposes 12
of interstate child-related work screening undertaken by the agency. 13
(3) The Commissioner of Police may disclose (or arrange for a member of 14
the NSW Police Force to disclose) to an approved interstate screening 15
agency, at the request of the agency, information relating to the 16
circumstances of an offence or alleged offence disclosed under this 17
section for the purposes of interstate child-related work screening. 18
(4) Information that may be disclosed under this section includes: 19
(a) information relating to convictions, including spent convictions, 20
quashed convictions and offences for which a pardon has been 21
given, despite anything to the contrary in the Criminal Records 22
Act 1991, 23
(b) information relating to criminal charges, whether heard or not 24
heard, proven, dismissed, withdrawn or discharged, 25
(c) information relating to offences, despite anything to the contrary 26
in section 579 of the Crimes Act 1900. 27
(5) This section does not limit the persons to whom, or the circumstances 28
in which, information relating to the criminal history, including the 29
criminal record of, persons may be disclosed apart from this Act. 30
(6) In this section: 31
approved interstate screening agency means: 32
(a) a person or body prescribed by the regulations, or 33
(b) a body that is authorised under a law of the Commonwealth, 34
another State or a Territory to conduct interstate child-related 35
work screening and is approved by the Minister for the purposes 36
of this section. 37
Page 21
Clause 35 Child Protection (Working with Children) Bill 2012
Part 5 Provision of information
interstate child-related work screening means using information about 1
persons who work, or seek to work, with children in a way that is 2
authorised or required under a law of the Commonwealth, another State 3
or a Territory, for the purpose of estimating the risk to the safety of 4
children posed by any such person if working with children. 5
35 Notification by reporting bodies of conduct constituting assessment 6
requirement trigger 7
(1) It is the duty of a reporting body to notify the Commission of the name 8
and other identifying particulars of any child-related worker against 9
whom the reporting body has made a finding that the worker has 10
engaged in conduct specified in clause 2 of Schedule 1. 11
(2) Notification under this section extends to findings made before the 12
commencement of this section. 13
(3) The regulations may make provision for or with respect to the 14
following: 15
(a) the form of any such notification, 16
(b) the provision by reporting bodies of further particulars of any 17
such matter, or any potential such matter, if requested by the 18
Commission, 19
(c) the keeping of records by reporting bodies of information about 20
such matters or potential such matters supplied to the 21
Commission, 22
(d) the amendment or withdrawal of a notification by a reporting 23
body. 24
(4) In this section: 25
reporting body means the following: 26
(a) a NSW Government agency, 27
(b) a Department or public sector agency within the meaning of the 28
Public Sector Employment and Management Act 2002, 29
(c) a registration or other licensing authority constituted under an 30
Act, 31
(d) a designated government agency or designated non-government 32
agency within the meaning of Part 3A of the Ombudsman Act 33
1974 that has been granted an exemption under section 25CA of 34
that Act, 35
(e) any other employer or professional or other body that supervises 36
the conduct of an employee prescribed by the regulations for the 37
purposes of this section. 38
Page 22
Child Protection (Working with Children) Bill 2012 Clause 36
Provision of information Part 5
36 Enforcement notices 1
(1) The Commission may, by notice in writing served on a reporting body 2
or an officer of a reporting body, require the reporting body to comply 3
with obligations of the reporting body under section 35 within the 4
period specified in the notice. 5
(2) The Commission may serve a notice under this section if it is of the 6
opinion that the reporting body has failed to comply with any provision 7
of section 35. 8
(3) The notice must set out the reasons for the notice being given. 9
(4) The period specified in a notice is to be not less than 28 days. 10
(5) The Commission may revoke a notice at any time. 11
(6) A person who fails, without reasonable excuse, to comply with a notice 12
in force under this section is guilty of an offence. 13
Maximum penalty: 100 penalty units, in the case of a corporation, or 14
50 penalty units in any other case. 15
(7) In any proceedings for an offence against this section, the onus of 16
proving that a person had a reasonable excuse lies with the defendant. 17
(8) Nothing in this section prevents the Commission from contacting 18
reporting bodies for the purpose of informing them of their obligations 19
under this Act or requesting any information that reporting bodies are 20
required to provide to the Commission under this Act. 21
Page 23
Clause 37 Child Protection (Working with Children) Bill 2012
Part 6 Functions of Commission
Part 6 Functions of Commission 1
37 Database functions of Commission 2
The Commission may exercise the following functions: 3
(a) collecting and maintaining a database of orders by the Tribunal 4
under this Act, and other orders and proceedings completed 5
against a person that result in assessment requirements, including 6
updating, correcting and removing entries on the database, 7
(b) collecting and maintaining a database of notifications to the 8
Commission of matters that constitute or might constitute the 9
basis of an assessment requirement, including updating, 10
correcting and removing entries on the database, 11
(c) collecting and maintaining a database of employers who seek 12
information about working with children check clearances for 13
child-related work purposes, including updating, correcting and 14
removing entries on the database. 15
38 Commission's public awareness and advice functions 16
The Commission may promote public awareness of and provide advice 17
on requirements for working with children check clearances and related 18
matters concerning child-related work. 19
39 Commission's monitoring and auditing functions 20
(1) The Commission is to monitor and audit compliance with the 21
requirements of this Act and the regulations. 22
(2) The Minister may give the Commission a written direction on the 23
exercise of its functions under this section, and the Commission is to 24
comply with the direction. 25
40 Power to compel production of information for monitoring or auditing 26
purposes 27
(1) For the purposes of exercising its monitoring or auditing functions 28
under this Act, the Commission may, by notice in writing, require an 29
officer of a government agency, an employer or a body that supervises, 30
represents or has other functions with respect to an employer to do any 31
one or more of the following: 32
(a) to provide to the Commission, on or before a day specified in the 33
notice, a statement setting out such information as is so specified 34
relating to the matters being monitored or audited, 35
(b) to provide to the Commission, on or before a day specified in the 36
notice, such documents as are so specified relating to the matters 37
being monitored or audited. 38
Page 24
Child Protection (Working with Children) Bill 2012 Clause 40
Functions of Commission Part 6
(2) A person who: 1
(a) fails, without reasonable excuse, to comply with a requirement of 2
a notice under this section, or 3
(b) provides the Commission with information that the person knows 4
is false or misleading in a material particular, 5
is guilty of an offence. 6
Maximum penalty: 100 penalty units, in the case of a corporation, and 7
50 penalty units in any other case. 8
(3) A notice may specify the manner in which a statement or documents 9
may be given to the Commission. 10
(4) If documents are given to the Commission under this section, the 11
Commission: 12
(a) may take possession of, and make copies of or take extracts from, 13
the documents, and 14
(b) may keep possession of the documents for such period as is 15
necessary for the purposes of exercising its monitoring or 16
auditing functions, and 17
(c) during that period must permit them to be inspected at all 18
reasonable times by the persons who would be entitled to inspect 19
them if they were not in the possession of the Commission. 20
(5) In any proceedings for an offence against this section, the onus of 21
proving that a person had a reasonable excuse lies with the defendant. 22
Page 25
Clause 41 Child Protection (Working with Children) Bill 2012
Part 7 Miscellaneous
Part 7 Miscellaneous 1
41 Act to bind Crown 2
This Act binds the Crown in right of New South Wales and, in so far as 3
the legislative power of the Parliament of New South Wales permits, the 4
Crown in all its other capacities. 5
42 Effect of Act on other rights and procedures 6
(1) An assessment under this Act or interstate child-related work screening 7
(as referred to in section 34) may be conducted, and information 8
disclosed or obtained, in accordance with this Act despite any other Act 9
or law to the contrary. 10
(2) Nothing in this Act affects any statutory right that an employee may 11
have in relation to employment or termination of employment. 12
(3) However, any court or tribunal exercising jurisdiction with respect to 13
any such right must have regard to the results of any determination of 14
an application for a working with children check clearance or 15
assessment carried out under this Act in connection with the work 16
concerned and the welfare of children as the paramount consideration in 17
that determination or assessment. 18
(4) Nothing in this Act affects the operation of Part 2 of Chapter 9 of the 19
Health Services Act 1997. 20
(5) This section is subject to section 47. 21
43 Protection of persons relating to child-related work 22
(1) Anything done or omitted to be done by a person in good faith and with 23
reasonable care: 24
(a) for the purpose of the determination of an application for a 25
working with children check clearance or an assessment of the 26
holder of a clearance, or 27
(b) for the purpose of exercising a function under this Act, 28
does not subject the person to any action, liability, claim or demand. 29
(2) Without limiting subsection (1): 30
(a) a person has qualified privilege in proceedings for defamation in 31
respect of anything done or omitted to be done by the person for 32
the purposes of the determination of an application for a 33
clearance or an assessment or otherwise exercising a function 34
under this Act, and 35
(b) damages or compensation (whether for breach of contract or 36
otherwise) are not payable in respect of a decision not to grant a 37
Page 26
Child Protection (Working with Children) Bill 2012 Clause 44
Miscellaneous Part 7
clearance or to cancel a clearance, or to impose an interim bar, as 1
a result of an assessment carried out in good faith and with 2
reasonable care for the purposes of this Act or a review 3
application. 4
(3) This section does not limit or affect any other right, privilege or 5
immunity that a person has as a defendant in any proceedings. 6
44 Evidentiary certificate 7
A certificate issued by the Commission that states that, on a specified 8
date or during a specified period: 9
(a) a specified person was or was not the holder of a working with 10
children check clearance, or 11
(b) a specified person had or had not made an application for a 12
clearance, or 13
(c) a clearance was or was not in force, or 14
(d) a specified person was or was not subject to an interim bar, 15
is admissible in legal proceedings as evidence of the matters so stated. 16
45 Unauthorised disclosure or dishonest collection of information 17
(1) A person who discloses any information obtained by the person in 18
connection with the exercise of functions under this Act or the 19
regulations is guilty of an offence unless the disclosure: 20
(a) is made in good faith for the purposes of the exercise of a function 21
under this Act or the regulations, or 22
(b) is made with the consent of the person to whom the information 23
relates, or 24
(c) is ordered by a court, or any other body or person exercising 25
judicial functions, for the purposes of the hearing or 26
determination by the court, body or person of any matter, or 27
(d) is made with other lawful excuse. 28
(2) A person who dishonestly obtains confidential information relating to 29
the exercise of functions under this Act or the regulations is guilty of an 30
offence. 31
Maximum penalty: 50 penalty units, or imprisonment for 6 months, or 32
both. 33
46 Obtaining information on disciplinary matters under Government 34
Information (Public Access) Act 2009 35
(1) A person against whom a finding referred to in clause 2 of Schedule 1 36
has been made is, subject to this section, entitled to apply for access 37
Page 27
Clause 47 Child Protection (Working with Children) Bill 2012
Part 7 Miscellaneous
under the Government Information (Public Access) Act 2009 to any 1
information about the finding. That Act applies to the determination of 2
any such application for access. 3
(2) Any provision of that Act relating to fees or charges payable by 4
applicants does not apply to such an application for access. 5
(3) The provisions of the Government Information (Public Access) Act 6
2009 apply for the purposes of this section whether or not the agency is 7
an agency to which those provisions apply. 8
(4) The regulations under this Act may modify any provisions of that Act 9
in its application under this section. 10
47 Relationship with other Acts and laws 11
(1) A prohibition on employment under this Act prevails to the extent of 12
any inconsistency between it and any other Act or law. 13
(2) The Industrial Relations Commission or any other court or tribunal does 14
not have jurisdiction under any Act or law to order the re-instatement or 15
re-employment of a person or worker contrary to a prohibition on 16
employment imposed by this Act, or to order the payment of damages 17
or compensation for any removal from employment of a person from 18
employment prohibited under this Act. 19
48 Information about old offences may be given 20
For the purposes of this Act, section 579 of the Crimes Act 1900 does 21
not apply to or in respect of an offence referred to in Schedule 1 or 2. 22
49 Nature of proceedings for offences 23
Proceedings for an offence under this Act or the regulations may be 24
dealt with summarily before the Local Court. 25
50 Offences by corporations 26
(1) If a corporation contravenes, whether by act or omission, any provision 27
of this Act, each person who is a director of the corporation or who is 28
concerned in the management of the corporation is taken to have 29
contravened the same provision if the person knowingly authorised or 30
permitted the contravention. 31
(2) Subsection (1) does not apply in respect of a contravention of a 32
provision of the regulations that is declared by the regulations to be an 33
excluded provision for the purposes of this section. 34
(3) A person may be proceeded against and convicted under a provision 35
pursuant to subsection (1) whether or not the corporation has been 36
proceeded against or has been convicted under the provision. 37
Page 28
Child Protection (Working with Children) Bill 2012 Clause 51
Miscellaneous Part 7
(4) Nothing in this section affects any liability imposed on a corporation for 1
an offence committed by the corporation under this Act. 2
(5) This section applies only to offences against Part 2. 3
51 Service of documents 4
(1) A document that is authorised or required by this Act or the regulations 5
to be given to any person may be given by: 6
(a) in the case of a natural person: 7
(i) delivering it to the person personally, or 8
(ii) sending it by post to the address specified by the person for 9
the giving or service of documents or, if no such address is 10
specified, the residential or business address of the person 11
last known to the person giving or serving the document, 12
or 13
(iii) sending it by facsimile transmission to the facsimile 14
number of the person or by email to the email address of 15
the person, or 16
(b) in the case of a body corporate: 17
(i) leaving it with a person apparently of or above the age of 18
16 years at, or by sending it by post to, the head office, a 19
registered office or a principal office of the body corporate 20
or to an address specified by the body corporate for the 21
giving or service of documents, or 22
(ii) sending it by facsimile transmission to the facsimile 23
number of the body corporate or by email to the email 24
address of the body corporate. 25
(2) Notice of a working with children check number may be given to a 26
person by sending it by SMS message to the person's last known mobile 27
telephone number. 28
(3) Nothing in this section affects the operation of any provision of a law or 29
of the rules of a court authorising a document to be served on a person 30
in any other manner. 31
52 Regulations 32
(1) The Governor may make regulations, not inconsistent with this Act, for 33
or with respect to any matter that by this Act is required or permitted to 34
be prescribed or that is necessary or convenient to be prescribed for 35
carrying out or giving effect to this Act. 36
Page 29
Clause 53 Child Protection (Working with Children) Bill 2012
Part 7 Miscellaneous
(2) In particular, the regulations may make provision for or with respect to 1
the following: 2
(a) the information to be provided by the Commission to applicants 3
for or holders of working with children check clearances, 4
(b) the exemption of persons or classes of persons from all or any 5
requirements of this Act, unconditionally or subject to 6
conditions. 7
(3) The regulations may amend Schedule 1 or Schedule 2. 8
(4) The regulations may create offences punishable by a penalty not 9
exceeding 20 penalty units. 10
53 Review of Act 11
(1) The Minister is to review this Act to determine whether the policy 12
objectives of the Act remain valid and whether the terms of the Act 13
remain appropriate for securing those objectives. 14
(2) The review is to be undertaken as soon as possible after the period of 15
5 years from the date of assent to this Act. 16
(3) A report on the outcome of the review is to be tabled in each House of 17
Parliament within 12 months after the end of the period of 5 years. 18
Page 30
Child Protection (Working with Children) Bill 2012
Assessment requirement triggers Schedule 1
Schedule 1 Assessment requirement triggers 1
1 Offences 2
(1) Proceedings have been commenced against a person: 3
(a) for an offence specified in clause 1 of Schedule 2, if the offence 4
was committed as a child (whatever the outcome of the 5
proceedings), or 6
(b) for an offence specified in clause 1 of Schedule 2, if the offence 7
was committed as an adult, and the person is not because of those 8
proceedings a disqualified person. 9
(2) Proceedings have been commenced against a person for any of the 10
following offences (whatever the outcome of those proceedings): 11
(a) an offence involving intentional wounding of or causing bodily 12
harm to a child by an adult (other than an offence specified in 13
clause 1 of Schedule 2), 14
(b) any sexual offence committed against, with or in the presence of 15
a child, other than an offence specified in clause 1 of Schedule 2, 16
(c) an offence under section 38 or 38A of the Crimes Act 1900 17
committed against a child, 18
(d) an offence under section 45 of the Crimes Act 1900 committed 19
against a child, 20
(e) an offence under section 60E of the Crimes Act 1900, 21
(f) an offence under section 13 of the Crimes (Domestic and 22
Personal Violence) Act 2007 committed against a child, 23
(g) an offence under section 6 of the Prevention of Cruelty to 24
Animals Act 1979. 25
(3) Proceedings have been commenced against a person for any of the 26
following offences (other than where a person has been found not guilty 27
of the offence concerned): 28
(a) an offence under section 43A of the Crimes Act 1900, 29
(b) an offence under section 44 of the Crimes Act 1900 committed 30
against a child, 31
(c) an offence under section 227, 228 or 231 of the Children and 32
Young Persons (Care and Protection) Act 1998, 33
(d) an offence under section 530 of the Crimes Act 1900, 34
(e) an offence under section 23A, 24 (1A) or (2A) or 25 (1A) of the 35
Drug Misuse and Trafficking Act 1985, 36
Page 31
Child Protection (Working with Children) Bill 2012
Schedule 1 Assessment requirement triggers
(f) any other offence, whether under the law of New South Wales or 1
elsewhere, prescribed by the regulations for the purposes of this 2
subclause. 3
(4) A person has been convicted of an offence under section 61 of the 4
Crimes Act 1900 committed against a child. 5
(5) Subclauses (1), (2), (3) and (4) apply to: 6
(a) an offence an element of which is an intention to commit an 7
offence of a kind listed in those subclauses, and 8
(b) an offence under a law other than a law of New South Wales that 9
is an offence similar to an offence listed in those subclauses, and 10
(c) an offence of attempting, or of conspiracy or incitement, to 11
commit an offence listed in those subclauses, 12
in the same way that they apply to the offences listed in those 13
subclauses. 14
(6) A person has been convicted of, or proceedings have been commenced 15
against a person for, offences involving violence or sexual misconduct 16
(whether or not listed in this Schedule or Schedule 2) sufficient to 17
indicate a pattern of behaviour that warrants investigation as to whether 18
it may cause a risk to the safety of children. 19
(7) An offence is not specified for the purposes of this clause if it was an 20
offence specified in this clause at the time of its commission and the 21
conduct has ceased to be an offence in New South Wales. 22
2 Findings of misconduct involving children 23
A person has been the subject of a finding by a reporting body that the 24
person engaged in the following conduct: 25
(a) sexual misconduct committed against, with or in the presence of 26
a child, including grooming of a child, 27
(b) any serious physical assault of a child. 28
3 Application of Schedule 29
This Schedule applies to offences and other matters whether occurring 30
before, on or after the commencement of this Schedule. 31
Page 32
Child Protection (Working with Children) Bill 2012
Disqualifying offences Schedule 2
Schedule 2 Disqualifying offences 1
1 Specified offences 2
(1) The following offences are specified: 3
(a) murder of a child, 4
(b) manslaughter of a child (other than as a result of a motor vehicle 5
accident), 6
(c) an offence involving intentional wounding or causing grievous 7
bodily harm to a child by an adult who is more than 3 years older 8
than the victim, 9
(d) an offence under section 61B, 61C, 61D, 61E or 61F of the 10
Crimes Act 1900, 11
(e) an offence under section 61I, 61J, 61JA, 61K, 61L, 61M, 61N, 12
61O or 61P of the Crimes Act 1900, 13
(f) the common law offence of rape or attempted rape, 14
(g) an offence under section 65A or 66 of the Crimes Act 1900, 15
(h) an offence under section 66A, 66B, 66C, 66D, 66EA, 66EB, 66F 16
or 73 of the Crimes Act 1900, 17
(i) an offence under section 73 (before its substitution by the Crimes 18
Amendment (Sexual Offences) Act 2003), 74 or 76 of the Crimes 19
Act 1900, 20
(j) an offence under section 78A, 78B or 79 of the Crimes Act 1900, 21
(k) an offence under section 78H, 78I, 78K, 78L, 78N, 78O, 78Q or 22
81 of the Crimes Act 1900, 23
(l) an offence under section 80A, 80D or 80E of the Crimes Act 24
1900, 25
(m) an offence under section 86 of the Crimes Act 1900 where the 26
person against whom the offence is committed is a child, except 27
where the person found guilty of the offence was, when the 28
offence was committed or at some earlier time, a parent or carer 29
of the child, 30
(n) an offence under section 91D, 91E, 91F, 91G or 91H of the 31
Crimes Act 1900 (other than an offence committed by a child 32
prostitute), 33
(o) an offence under section 42 or 43 of the Crimes Act 1900, 34
(p) an offence under section 91J, 91K or 91L of the Crimes Act 1900, 35
(q) an offence under section 21G of the Summary Offences Act 1988 36
or section 91M of the Crimes Act 1900 where the person intended 37
to be observed or filmed was a child, 38
Page 33
Child Protection (Working with Children) Bill 2012
Schedule 2 Disqualifying offences
(r) an offence against section 272.8, 272.10 (if it relates to an 1
underlying offence against section 272.8) or 272.11 of the 2
Criminal Code of the Commonwealth, 3
(s) an offence against section 272.9, 272.10 (if it relates to an 4
underlying offence against section 272.9), 272.14 or 272.15 of 5
the Criminal Code of the Commonwealth, 6
(t) an offence against section 272.18, 272.19 or 272.20 of the 7
Criminal Code of the Commonwealth if it relates to another 8
offence listed in this Schedule, 9
(u) an offence against section 270.6 or 270.7 of the Criminal Code of 10
the Commonwealth where the person against whom the offence 11
is committed is a child, 12
(v) an offence against section 233BAB of the Customs Act 1901 of 13
the Commonwealth involving items of child pornography or of 14
child abuse material, 15
(w) an offence against section 471.16, 471.17, 471.19, 471.20 or 16
471.22 of the Criminal Code of the Commonwealth, 17
(x) an offence against section 471.24, 471.25 or 471.26 of the 18
Criminal Code of the Commonwealth, 19
(y) an offence under section 91H, 578B or 578C (2A) of the Crimes 20
Act 1900, 21
(z) an offence under a law other than a law of New South Wales that, 22
if committed in New South Wales, would be an offence listed in 23
this clause, 24
(aa) an offence an element of which is an intention to commit an 25
offence of a kind listed in this clause, 26
(ab) an offence of attempting, or of conspiracy or incitement, to 27
commit an offence of a kind listed in this clause. 28
(2) This clause applies to convictions or proceedings for offences whether 29
occurring before, on or after the commencement of this clause. 30
2 Excluded offences 31
An offence is not specified for the purposes of this Schedule if it was an 32
offence specified in this Schedule at the time of its commission and the 33
conduct has ceased to be an offence in New South Wales. 34
Page 34
Child Protection (Working with Children) Bill 2012
Savings, transitional and other provisions Schedule 3
Schedule 3 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of this Act or any Act that amends 6
this Act. 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication on the NSW legislation website, 11
the provision does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Part 2 Provisions consequent on enactment of this 19
Act 20
2 Definitions 21
In this Part: 22
existing child-related worker means a worker who was engaged in 23
child-related work immediately before the commencement of Part 2 of 24
this Act. 25
existing employer means the employer of an existing child-related 26
worker immediately before the commencement of Part 2 of this Act. 27
existing resident means an adult who was residing at the home of an 28
authorised carer or a provider of an education and care service where 29
foster care or an education and care service was provided immediately 30
before the commencement of Part 2 of this Act. 31
former provisions means Part 7 of the Commission for Children and 32
Young People Act 1998, as in force immediately before its repeal by this 33
Act. 34
Page 35
Child Protection (Working with Children) Bill 2012
Schedule 3 Savings, transitional and other provisions
3 Existing employees and residents 1
(1) An existing child-related worker is not required to obtain or have a 2
working with children check clearance while the worker continues in 3
the employment of an existing employer. 4
Note. Regulations under clause 5 may provide for the application of the 5
requirements under this Act to existing child-related workers and existing 6
residents. 7
(2) For the purposes of this clause, a person in the Government Service or 8
the NSW Health Service is taken to have ceased to be employed by an 9
existing employer if the person becomes a member of staff of a 10
Government Department or agency that has a different ABN. 11
(3) An existing resident is not required to obtain or have a clearance while 12
the resident continues to reside in the place where the resident resided 13
immediately before the commencement of Part 2 of this Act. 14
(4) This clause does not apply to an existing child-related worker or an 15
existing resident who was a disqualified person on the commencement 16
of this clause or who subsequently becomes a disqualified person. 17
(5) This clause does not apply to a person in respect of work carried out by 18
the person as a self-employed person. 19
4 Application of Act to existing self-employed persons 20
(1) This clause applies to a person: 21
(a) who was engaged in child-related work as a self-employed 22
person immediately before the commencement of Part 2 of this 23
Act, and 24
(b) who was, immediately before the commencement of this clause, 25
required to hold a child-related employment certificate. 26
(2) A person to whom this clause applies who held a child-related 27
employment certificate immediately before the commencement of this 28
clause is not, until the expiry date of the person's certificate, required to 29
comply with Division 2 of Part 2 of this Act in respect of child-related 30
work undertaken by the person as a self-employed person. 31
(3) A person to whom this clause applies who did not hold a child-related 32
employment certificate on the commencement of this clause is not 33
required to comply with Division 2 of Part 2 of this Act in respect of 34
child-related work undertaken by the person as a self-employed person 35
until the day prescribed by the regulations for the purposes of this 36
clause. 37
(4) This clause does not apply to a person who was a disqualified person on 38
the commencement of this clause or who subsequently becomes a 39
disqualified person. 40
Page 36
Child Protection (Working with Children) Bill 2012
Savings, transitional and other provisions Schedule 3
(5) In this clause: 1
child-related employment certificate means a certificate issued under 2
Part 2 of the Commission for Children and Young People Regulation 3
2009 to a self-employed person in which the Commission certified that 4
the person was not a prohibited person (within the meaning of Part 7 of 5
the Commission for Children and Young People Act 1998). 6
5 Staged implementation of new scheme 7
The regulations may make provision for or with respect to the 8
following: 9
(a) the application of this Act (or provisions of this Act) to classes of 10
existing child-related workers or existing residents, and other 11
persons who become child-related workers or residents subject to 12
section 10 on or after the commencement of Part 2 of this Act, on 13
and from a specified date or dates, 14
(b) the obligations of persons who are child-related workers or such 15
residents pending the application of this Act to those persons, 16
(c) the exemption from this Act (or provisions of this Act) of, or the 17
application of provisions of this Act to, classes of persons who 18
are existing child-related workers or existing residents, 19
(d) the application of the former provisions to existing child-related 20
workers or existing residents, and other persons, pending the 21
application of provisions of this Act to those persons. 22
6 Existing prohibited persons declarations 23
(1) This clause applies to a person who is the subject of an order containing 24
a declaration (in force immediately before the repeal of the former 25
provisions) by a tribunal under section 33H of the former provisions 26
that Division 2 of those provisions is not to apply to the person in 27
respect of a specified offence (an existing declaration). 28
(2) On the application of this Act to a person to whom this clause applies: 29
(a) a person who is the subject of an unconditional existing 30
declaration is taken to be the subject of an order under Part 4 of 31
this Act declaring that the person concerned is not to be treated as 32
a disqualified person in respect of the offence, and 33
(b) any other person to whom this clause applies is to be treated as a 34
disqualified person for the purposes of this Act. 35
7 Part subject to regulations 36
This Part is subject to the regulations. 37
Page 37
Child Protection (Working with Children) Bill 2012
Schedule 4 Amendment of other Acts
Schedule 4 Amendment of other Acts 1
4.1 Children and Young Persons (Care and Protection) Act 1998 2
No 157 3
[1] Section 29 Protection of persons who make reports or provide certain 4
information 5
Omit paragraph (a) of the definition of reportable conduct in section 29 (6). 6
Insert instead: 7
(a) reportable conduct within the meaning of Part 3A of the 8
Ombudsman Act 1974 or conduct referred to in clause 2 of 9
Schedule 1 to the Child Protection (Working with 10
Children) Act 2012, or 11
[2] Section 137 (3), note 12
Omit the note. Insert instead: 13
Note. See section 10 of the Child Protection (Working with Children) Act 14
2012 which requires adult household members of authorised carers to 15
hold authorisations required for child-related work. 16
4.2 Commission for Children and Young People Act 1998 No 146 17
[1] Long title 18
Omit "; to provide for safeguards and impose prohibitions relating to 19
child-related employment". 20
[2] Section 3 Definitions 21
Omit the definitions of background checking and review application from 22
section 3 (1). 23
[3] Section 11 Principal functions of Commission 24
Omit section 11 (h1) and (i). Insert instead: 25
(i) to exercise functions relating to persons engaged in 26
child-related work, including checking, clearance and 27
other functions, under the Child Protection (Working with 28
Children) Act 2012, 29
[4] Section 14A Powers of Commission for Children and Young People to 30
compel production of information 31
Omit the section. 32
Page 38
Child Protection (Working with Children) Bill 2012
Amendment of other Acts Schedule 4
[5] Section 15B Power to compel production of information for monitoring 1
or auditing purposes 2
Omit the section. 3
[6] Part 7 Child-related employment 4
Omit the Part. 5
[7] Section 48A Protection of persons relating to child-related employment 6
Omit the section. 7
[8] Section 48B Unauthorised disclosure or dishonest collection of 8
information 9
Omit the section. 10
[9] Section 50 Offences by corporations 11
Omit the section. 12
[10] Section 52 Relationship with other Acts and laws 13
Omit the section. 14
[11] Schedule 3 Savings, transitional and other provisions 15
Insert at the end of clause 1 (1): 16
any other Act that amends this Act. 17
4.3 Criminal Records Act 1991 No 8 18
Section 15 Employment in certain occupations 19
Omit section 15 (1A). Insert instead: 20
(1A) Section 12 does not apply in relation to an application by a person 21
for a working with children check clearance under the Child 22
Protection (Working with Children) Act 2012, or to the 23
assessment of the holder of a clearance under that Act. 24
4.4 Education Act 1990 No 8 25
[1] Section 47 Registration requirements for non-government schools 26
Omit "Division 2 of Part 7 of the Commission for Children and Young People 27
Act 1998" from section 47 (g) (ii). 28
Insert instead "Part 2 of the Child Protection (Working with Children) Act 29
2012". 30
Page 39
Child Protection (Working with Children) Bill 2012
Schedule 4 Amendment of other Acts
[2] Section 47 (g) (iii) 1
Omit "Part 7 of the Commission for Children and Young People Act 1998". 2
Insert instead "the Child Protection (Working with Children) Act 2012". 3
4.5 Education (School Administrative and Support Staff) Act 4
1987 No 240 5
[1] Section 32D Suspension of permanent employees from duty pending 6
certain decisions or on lapsing of clearance 7
Omit section 32D (2). Insert instead: 8
(2) If a permanent employee: 9
(a) is charged with an offence referred to in section 32C, or 10
(b) is the subject of an interim bar, or 11
(c) is refused a working with children check clearance and the 12
period for an application under Part 4 of the Child 13
Protection (Working with Children) Act 2012 has not 14
elapsed or an application has been made under that Part 15
and has not been determined, or 16
(d) is not the holder of a clearance and is eligible to apply, but 17
has not applied, for a clearance, 18
the Director-General may suspend the employee from duty until 19
the employee is notified by the Director-General that the 20
suspension has been lifted. 21
[2] Section 32D (5) 22
Insert after section 32D (4): 23
(5) Words and expressions used in this section have the same 24
meaning as they have in the Child Protection (Working with 25
Children) Act 2012. 26
[3] Part 6A, heading 27
Omit "prohibited persons". 28
Insert instead "persons barred from working with children". 29
Page 40
Child Protection (Working with Children) Bill 2012
Amendment of other Acts Schedule 4
[4] Section 32I Definitions 1
Omit the definitions of child-related employment, Commission and 2
prohibited person and the note to the section. Insert instead: 3
unauthorised person means: 4
(a) a person whose working with children check clearance is 5
cancelled, or 6
(b) any other person who is required to hold a clearance but is 7
not the holder of a clearance, other than a person referred 8
to in section 32D (2) (b)-(d) or a person who is exempt 9
from the requirement to hold a clearance. 10
[5] Section 32I (2) 11
Insert at the end of section 32I: 12
(2) Words and expressions used in this Part have the same meaning 13
as they have in the Child Protection (Working with Children) Act 14
2012. 15
[6] Section 32J Operation of this Part 16
Omit "a prohibited person" from section 32J (2). 17
Insert instead "an unauthorised person". 18
[7] Section 32K Termination of employment of unauthorised persons 19
Omit "a prohibited person" from section 32K (1) and where firstly occurring 20
in section 32K (2) (a) and (c) and (4). 21
Insert instead "an unauthorised person". 22
[8] Section 32K (1) and (4) 23
Omit "child-related employment" wherever occurring. 24
Insert instead "child-related work". 25
[9] Section 32K (2) (a) and (c) and (4) 26
Omit "a prohibited person" where secondly occurring. 27
Insert instead "a person". 28
[10] Section 32K (2) (b) 29
Omit the paragraph. 30
Page 41
Child Protection (Working with Children) Bill 2012
Schedule 4 Amendment of other Acts
[11] Section 32L Unauthorised person status to be notified to 1
Director-General 2
Omit section 32L (1). Insert instead: 3
(1) A permanent or temporary employee who becomes an 4
unauthorised person must immediately report that fact to the 5
Director-General. 6
[12] Section 32L (2) 7
Omit "has been charged with an offence referred to in subsection (1), or is a 8
prohibited person". 9
Insert instead "has become an unauthorised person". 10
[13] Section 32L (4) 11
Omit the subsection. 12
[14] Section 32M 13
Omit the section. Insert instead: 14
32M Review of failure to obtain authorisation or of unauthorised status 15
(1) If an application is made by a person under Part 4 of the Child 16
Protection (Working with Children) Act 2012, the Administrative 17
Decisions Tribunal is to notify the Director-General of the 18
application if it appears to the Tribunal that the person is a 19
member (or former member) of the school administrative and 20
support staff. 21
(2) The Director-General is entitled to appear and be represented at 22
any proceedings arising out of any such application. 23
[15] Section 32N Effect of person obtaining working with children check 24
clearance 25
Omit section 32N (1) and the note to the subsection. Insert instead: 26
(1) This section applies to a person who is dismissed under 27
section 32K and who subsequently obtains a working with 28
children check clearance. 29
[16] Section 32N (2) 30
Omit "ceases to be a prohibited person because the conviction for the offence 31
in respect of which the person is a prohibited person is overturned by a court 32
on appeal". 33
Insert instead "is granted a clearance (other than as referred to in 34
subsection (3))". 35
Page 42
Child Protection (Working with Children) Bill 2012
Amendment of other Acts Schedule 4
[17] Section 32N (3) (a) 1
Omit the paragraph. Insert instead: 2
(a) the person is granted a clearance after an order under Part 4 3
of the Child Protection (Working with Children) Act 2012, 4
and 5
[18] Section 32N (7) 6
Omit the subsection. 7
[19] Section 32O Disciplinary action may be taken against person who 8
ceases to be an unauthorised person 9
Omit "a prohibited person" wherever occurring. 10
Insert instead "an unauthorised person". 11
[20] Section 32R Protection for exercise of functions in connection with Part 12
Omit "Commission for Children and Young People Act 1998" from 13
section 32R (6). 14
Insert instead "Child Protection (Working with Children) Act 2012". 15
[21] Section 32S Transitional provision 16
Omit the section. 17
[22] Schedule 1 Savings, transitional and other provisions 18
Insert at the end of clause 1 (1): 19
any other Act that amends this Act. 20
4.6 Industrial Relations Act 1996 No 17 21
Section 164A Powers of Commission as to disclosure of matters before 22
the Commission 23
Omit section 164A (3). Insert instead: 24
(3) The Commission (other than in Court Session) may make any 25
non-disclosure order if it is satisfied that it is necessary to do so 26
in the interests of justice. 27
Page 43
Child Protection (Working with Children) Bill 2012
Schedule 4 Amendment of other Acts
4.7 Institute of Teachers Act 2004 No 65 1
Section 24 General grounds for revocation of accreditation 2
Omit section 24 (2) (a). Insert instead: 3
(a) the authority is satisfied that the person is an unauthorised person 4
within the meaning of section 93R of the Teaching Service Act 5
1980, 6
4.8 Ombudsman Act 1974 No 68 7
Section 25DA 8
Insert after section 25D: 9
25DA Disclosures to CCYP 10
The Ombudsman may disclose the following information to the 11
Commission for Children and Young People: 12
(a) information about an employee of a designated 13
government or non-government agency that the 14
Ombudsman believes may cause that employee to be a 15
disqualified person under the Child Protection (Working 16
with Children) Act 2012, or to be subject to an assessment 17
requirement under that Act, 18
(b) information about exemptions under section 25CA, 19
(c) information about reports of investigations into reportable 20
conduct by the Ombudsman or a designated government or 21
non-government agency. 22
4.9 Parliamentary Electorates and Elections Act 1912 No 41 23
[1] Section 81K Definitions 24
Omit the definition of relevant apprehended violence order from section 25
81K (1). Insert instead: 26
relevant apprehended violence order means (subject to 27
subsection (5)) a final apprehended violence order made under 28
the Crimes (Domestic and Personal Violence) Act 2007, or a final 29
order made under Part 15A of the Crimes Act 1900 before its 30
repeal, being an order made on the application of a police officer 31
or other public official for the protection of a child from sexual 32
activity or acts of indecency. 33
Page 44
Child Protection (Working with Children) Bill 2012
Amendment of other Acts Schedule 4
[2] Section 81K (5) 1
Insert after section 81K (4): 2
(5) The following are not relevant apprehended violence orders: 3
(a) an apprehended violence order made by a court before 4
3 July 1995 under Part 15A of the Crimes Act 1900, 5
(b) an external protection order (within the meaning of 6
section 562RA of the Crimes Act 1900) made before 3 July 7
1995, 8
(c) an external protection order (within the meaning of Part 13 9
of the Crimes (Domestic and Personal Violence) Act 2007) 10
that is not registered under that Part. 11
[3] Section 81N Duties of CYP Commission with respect to child-related 12
conduct declarations 13
Omit section 81N (2) (a). Insert instead: 14
(a) may exercise any of the functions it has under the Child 15
Protection (Working with Children) Act 2012, and 16
[4] Section 81N (2) (b) 17
Omit "by that Act". 18
[5] Section 81N (2) (b) 19
Omit "Part". Insert instead "Act". 20
4.10 Teaching Service Act 1980 No 23 21
[1] Section 93L Suspension of officers from duty pending certain decisions 22
or on lapsing of working with children check clearance 23
Omit section 93L (2). Insert instead: 24
(2) If an officer: 25
(a) is charged with an offence referred to in section 93K, or 26
(b) is the subject of an interim bar, or 27
(c) is refused a working with children check clearance and the 28
period for an application under Part 4 of the Child 29
Protection (Working with Children) Act 2012 has not 30
elapsed or an application has been made under that Part 31
and has not been determined, or 32
Page 45
Child Protection (Working with Children) Bill 2012
Schedule 4 Amendment of other Acts
(d) is not the holder of a clearance and is eligible to apply, but 1
has not applied, for a clearance, 2
the Director-General may suspend the officer from duty until the 3
officer is notified by the Director-General that the suspension has 4
been lifted. 5
[2] Section 93L (5) 6
Insert after section 93L (4): 7
(5) Words and expressions used in this section have the same 8
meaning as they have in the Child Protection (Working with 9
Children) Act 2012. 10
[3] Part 4B, heading 11
Omit "prohibited persons". 12
Insert instead "persons barred from working with children". 13
[4] Section 93R Definitions 14
Omit the definitions of child-related employment, Commission and 15
prohibited person and the note to the section. Insert instead: 16
unauthorised person means: 17
(a) a person whose working with children check clearance is 18
cancelled, or 19
(b) any other person who is required to hold but is not the 20
holder of a clearance, other than a person referred to in 21
section 93L (2) (b)-(d) or a person who is exempt from the 22
requirement to hold a clearance. 23
[5] Section 93R (2) 24
Insert at the end of section 93R: 25
(2) Words and expressions used in this Part have the same meaning 26
as they have in the Child Protection (Working with Children) Act 27
2012. 28
[6] Section 93S Operation of this Part 29
Omit "a prohibited person" from section 93S (2). 30
Insert instead "an unauthorised person". 31
Page 46
Child Protection (Working with Children) Bill 2012
Amendment of other Acts Schedule 4
[7] Section 93T Termination of employment of unauthorised persons 1
Omit "a prohibited person" from section 93T (1) and where firstly occurring 2
in section 93T (2) (a) and (c) and (4). 3
Insert instead "an unauthorised person". 4
[8] Section 93T (1) and (4) 5
Omit "child-related employment" wherever occurring. 6
Insert instead "child-related work". 7
[9] Section 93T (2) (a) and (c) and (4) 8
Omit "a prohibited person" where secondly occurring. 9
Insert instead "a person". 10
[10] Section 93T (2) (b) 11
Omit the paragraph. 12
[11] Section 93U Unauthorised person status to be notified to 13
Director-General 14
Omit section 93U (1). Insert instead: 15
(1) An officer or temporary employee who becomes an unauthorised 16
person must immediately report that fact to the Director-General. 17
[12] Section 93U (2) 18
Omit "has been charged with an offence referred to in subsection (1), or is a 19
prohibited person". 20
Insert instead "has become an unauthorised person". 21
[13] Section 93U (4) 22
Omit the subsection. 23
[14] Section 93V 24
Omit the section. Insert instead: 25
93V Review of failure to obtain authorisation or of unauthorised status 26
(1) If an application is made by a person under Part 4 of the Child 27
Protection (Working with Children) Act 2012, the Administrative 28
Decisions Tribunal is to notify the Director-General of the 29
application if it appears to the Tribunal that the person is an 30
officer or temporary employee or former officer or temporary 31
employee. 32
Page 47
Child Protection (Working with Children) Bill 2012
Schedule 4 Amendment of other Acts
(2) The Director-General is entitled to appear and be represented at 1
any proceedings arising out of any such application. 2
[15] Section 93W Effect of person obtaining working with children check 3
clearance 4
Omit section 93W (1) and the note to that subsection. Insert instead: 5
(1) This section applies to a person who is dismissed under 6
section 93T and who subsequently obtains a working with 7
children check clearance. 8
[16] Section 93W (2) 9
Omit "ceases to be a prohibited person because the conviction for the offence 10
in respect of which the person is a prohibited person is overturned by a court 11
on appeal". 12
Insert instead "is granted a clearance (other than as referred to in 13
subsection (3))". 14
[17] Section 93W (3) (a) 15
Omit the paragraph. Insert instead: 16
(a) the person is granted a clearance after an order under Part 4 17
of the Child Protection (Working with Children) Act 2012, 18
and 19
[18] Section 93W (7) 20
Omit the subsection. 21
[19] Section 93X Disciplinary action may be taken against person who 22
ceases to be unauthorised person 23
Omit "a prohibited person" wherever occurring. 24
Insert instead "an unauthorised person". 25
[20] Section 93ZA Protection for exercise of functions in connection with 26
Part 27
Omit "Commission for Children and Young People Act 1998" from 28
section 93ZA (6). 29
Insert instead "Child Protection (Working with Children) Act 2012". 30
[21] Section 93ZB Transitional provision 31
Omit the section. 32
Page 48
Child Protection (Working with Children) Bill 2012
Amendment of other Acts Schedule 4
[22] Schedule 3 Savings and transitional provisions 1
Insert at the end of clause 2 (1): 2
any other Act that amends this Act. 3
4.11 Young Offenders Act 1997 No 54 4
Section 68 Interventions not to be disclosed as criminal history 5
Omit section 68 (2) (d). Insert instead: 6
(d) an application by a person for a working with children 7
check clearance, the assessment of a person or an 8
application under Part 4 of the Child Protection (Working 9
with Children) Act 2012. 10
Page 49
[Index] [Search] [Download] [Related Items] [Help]