New South Wales Consolidated Acts

CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 9AA

9AA Licensing authorities must verify and record clearance details

(1) A licensing authority must not issue a relevant licence to a person unless the licensing authority has obtained and verified the person's relevant details and made a record of those relevant details.

(2) The person's
"relevant details" are the following--

(a) the person's full name and date of birth,

(b) the working with children number of the person's clearance or the application number of the person's current application,

(c) the expiry date for each clearance of the person, being the date on which the clearance ceases to have effect.

(3) The person's relevant details are taken to have been
"verified" only if the relevant details accord with the information relating to the person recorded in the working with children register as at the date the record is made by the licensing authority.

(4) A licensing authority must ensure that the record kept under subsection (1) in relation to a person who is the holder of a relevant licence issued by the licensing authority is updated no later than 5 working days after the expiry date for each clearance of the person.

(5) A licensing authority must retain a record made under this section--

(a) during the period in which the person holds a relevant licence issued by the licensing authority, and

(b) for a period of at least 7 years after the person ceases to hold a relevant licence issued by the licensing authority.

(6) A licensing authority that, without reasonable excuse, fails to comply with subsection (1), (4) or (5) is guilty of an offence.

: Maximum penalty--100 penalty units (in the case of a corporation) or 50 penalty units (in any other case).

(7) This section does not apply--

(a) in respect of a licensing authority that is exempted by the regulations from this section, or

(b) in respect of the issue of a licence to a person who is exempted by the regulations from the requirement to hold a clearance.

(8) In this section--

"issue" includes grant or renew.

"licence" means a licence, registration, accreditation, certificate, permit or any other authority.

"licensing authority" means a person or body responsible for issuing a licence.

"relevant licence" means a licence, or a licence of a class, declared by the regulations to be a relevant licence.