New South Wales Consolidated Acts

CHILDREN'S GUARDIAN ACT 2019 - SECT 16

16 Meaning of "employee"

(1)
"Employee" , of a relevant entity, means the following--

(a) for a Schedule 1 entity--

(i) an individual employed by, or in, the Schedule 1 entity, or

(ii) if the entity is an individual--the individual, or

(iii) if an individual is engaged directly, or by a third party employer, as a volunteer to provide services to children--the volunteer, or

(iv) if an individual is engaged directly, or by a third party employer, as a contractor and the contractor holds, or is required to hold, a working with children check clearance for the purpose of the engagement--the contractor, or

(v) if an individual is the head of a third party employer contracted to provide services to children on behalf of a Schedule 1 entity and the individual holds, or is required to hold, a working with children check clearance--the individual,

(b) for a public authority--

(i) an individual employed by, or in, the public authority, or

(ii) if the public authority is an individual--the individual, or

(iii) if an individual is engaged directly, or by a third party employer, as a volunteer to provide services to children--the volunteer, or

(iv) if an individual is engaged directly, or by a third party employer, as a contractor and the contractor holds, or is required to hold, a working with children check clearance for the purpose of the engagement--the contractor, or

(v) if an individual is the head of a third party employer contracted to provide services to children on behalf of a public authority and the individual holds, or is required to hold, a working with children check clearance--the individual,

(c) for a religious body--an individual who holds, or is required by the religious body to hold, a working with children check clearance for the purpose of engagement with the religious body.

Example for paragraph (b)(iv)--: a dance teacher is employed as a contractor by a dance school. The dance school leases the dance school premises from a local council and is conducting dance classes on behalf of the council. As the dance teacher teaches children, the dance teacher is required to hold a working with children check clearance. The dance teacher is taken to be an employee of the local council for the purposes of this Part.

(2) For a public authority, a person is also an employee of the authority if--

(a) the person exercises official functions or acts in a public official capacity in the service of the authority, or

(b) the person is otherwise in the service of the Crown.

(3) Also, for the purposes of this Part, an employee includes--

(a) a visiting health practitioner if the visiting health practitioner holds, or is required to hold, a working with children check clearance for the purpose of appointment with the entity, and

(b) a person employed under Part 2 of the Members of Parliament Staff Act 2013 , and the person is taken to be an employee of a public authority.

(4) If an employee is an employee of a Schedule 1 entity that is also a public authority, the provisions relating to the Schedule 1 entity apply to the employee for this Part.

(5) In this section--

"health care services" means a service ordinarily provided by a health practitioner.

"health practitioner" has the same meaning as in the Health Practitioner Regulation National Law (NSW) .

"visiting health practitioner" means a person who is appointed, employed, contracted or otherwise engaged by a Schedule 1 entity to provide health care services.