New South Wales Consolidated Acts

CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SCHEDULE 1

SCHEDULE 1 – Assessment requirement triggers

1 Offences

(1) Proceedings have been commenced against a person--

(a) for an offence specified in clause 1 of Schedule 2, if the offence was committed as a child (whatever the outcome of the proceedings), or

(b) for an offence specified in clause 1 of Schedule 2, if the offence was committed as an adult, and the person is not because of those proceedings a disqualified person.

(2) Proceedings have been commenced against a person for any of the following offences (whatever the outcome of those proceedings)--

(a) an offence involving intentional wounding of, or causing bodily harm to, a child by an adult (other than an offence specified in clause 1 of Schedule 2),

(b) any sexual offence committed against, with or in the presence of a child, other than an offence specified in clause 1 of Schedule 2,

(c) an offence under section 38 or 38A of the Crimes Act 1900 committed against a child,

(e) an offence under section 43B, 60E or 316A of the Crimes Act 1900 ,

(e1) an offence under section 66, 71, 72, 73 (before its substitution by the Crimes Amendment (Sexual Offences) Act 2003 ) or 74 of the Crimes Act 1900 (other than an offence specified in clause 1(1)(g1) of Schedule 2),

(f) an offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 committed against a child,

(g) an offence under section 5(1) or (2) or 6 of the Prevention of Cruelty to Animals Act 1979 .

(3) Proceedings have been commenced against a person for any of the following offences (other than where a person has been found not guilty of the offence concerned)--

(a) an offence under section 43A of the Crimes Act 1900 ,

(b) an offence under section 44 of the Crimes Act 1900 committed against a child,

(c) an offence under section 227, 228 or 231 of the Children and Young Persons (Care and Protection) Act 1998 ,

(d) an offence under section 530 of the Crimes Act 1900 ,

(e) an offence under section 23A, 24(1A) or (2A) or 25(1A) of the Drug Misuse and Trafficking Act 1985 ,

(f) any other offence, whether under the law of New South Wales or elsewhere, including a jurisdiction outside Australia, prescribed by the regulations for the purposes of this subclause.

(4) A person has been convicted of any of the following offences--

(a) an offence involving intentional wounding, or causing bodily harm, being an offence committed against a child while the person was a child,

(b) an offence under section 39 or 41 of the Crimes Act 1900 , being an offence committed against a child while the person was an adult,

(c) an offence under section 61 of the Crimes Act 1900 , being an offence committed against a child while the person was an adult,

(d) an offence under section 91P, 91Q or 91R(1) or (2) of the Crimes Act 1900 , being an offence committed against a child while the person was an adult,

(e) an offence under section 195(1)(b), 195(1A)(b), 195(2)(b), 196(1)(b), 196(2)(b), 197(1)(b), 197(2)(b) or 203E of the Crimes Act 1900 .

(5) Subclauses (1), (2), (3) and (4) apply to--

(a) an offence an element of which is an intention to commit an offence of a kind listed in those subclauses, and

(b) an offence under a law of another State or Territory, the Commonwealth or a jurisdiction outside Australia that is an offence similar to an offence listed in those subclauses, and

(c) an offence of attempting, or of conspiracy or incitement, to commit an offence listed in those subclauses,

in the same way that they apply to the offences listed in those subclauses.

(6) A person has been convicted of, or proceedings have been commenced against a person for, offences involving violence or sexual misconduct (whether or not listed in this Schedule or Schedule 2) sufficient to indicate a pattern of behaviour that warrants investigation as to whether it may cause a risk to the safety of children.

(7) An offence is not specified for the purposes of this clause if it was an offence specified in this clause at the time of its commission and the conduct has ceased to be an offence in New South Wales.

2 Findings of misconduct involving children

A person has been the subject of a finding by a reporting body, or by a relevant entity within the meaning of Part 4 of the Children's Guardian Act 2019 , that the person engaged in the following conduct--

(aa) a sexual offence committed against, with or in the presence of a child, including grooming of a child,

(a) sexual misconduct committed against, with or in the presence of a child,

(b) any serious physical assault of a child.

2A Notification in relation to reportable conduct matter

Information about a person has been referred, in accordance with section 56(2) of the Children's Guardian Act 2019 , for the purpose of considering an interim bar during the course of an investigation under Part 4 of that Act.

2B Notification in relation to negative notices in other jurisdictions

(1) The Children's Guardian is made aware that a person has been issued with a negative notice.

(2) In this clause--

"negative notice" --see section 36D.

3 Application of Schedule

This Schedule applies to offences and other matters whether occurring before, on or after the commencement of this Schedule.