New South Wales Consolidated Acts

CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 8

8 Restrictions on engaging in child-related work

(1) A worker must not engage in child-related work unless--

(a) the worker holds a working with children check clearance of a class applicable to the work, or

(b) there is a current application by the worker to the Children's Guardian for a clearance of a class applicable to that work.

: Maximum penalty--100 penalty units, or imprisonment for 2 years, or both.

(2) A worker must not engage in child-related work at any time that the worker is subject to an interim bar.

: Maximum penalty--100 penalty units, or imprisonment for 2 years, or both.

(3) It is a defence to proceedings for an offence against this section if the accused person establishes that--

(a) the accused person did not know, at the time the offence was committed, that the work concerned was child-related work, or

(b) the accused person was exempted by the regulations from the requirement to hold a clearance, or

(c) the offence was consequential on the relevant accused person being subject to an interim bar, having an application for a clearance refused or terminated or having a clearance cancelled and, at the time that the offence was committed, the accused person did not know about the interim bar, refusal, termination or cancellation.

Note : Division 3 also requires adult persons residing with authorised carers or approved providers of education and care services and potential adoptive parents to hold clearances or to have a current application for a clearance.