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CHILD AND YOUTH SAFE ORGANISATIONS ACT 2023 (NO. 6 OF 2023) - SCHEDULE 3
- Relevant entities to which reportable conduct scheme applies
SCHEDULE 3 - Relevant entities to which reportable conduct scheme applies
Section 32
1. Interpretation
In this Schedule religious community service means an organisation
that is based in religion but that provides only practical or support
services;
religious entity means an organisation which conducts religious
services to congregations or carries out religious work but does not include a
religious community service.
2. Relevant entities to which the scheme applies on and
after 1 January 2024
The scheme applies to the following entities, and classes of entities, on and
after 1 January 2024: (a) the following entities that provide accommodation or
residential services: (i) an entity that provides housing services or other
assistance to homeless persons and that provides overnight beds for children;
and
(ii) an entity that provides or facilitates overnight excursions, camps or
stays for children;
(b) a religious community service or a religious entity
that provides activities or services of any kind, under the auspices of a
particular religious denomination or faith, through which adults have contact
with children;
(c) the following entities that provide child care or
child-minding services: (i) a child care service within the meaning of the
Child Care Act 2001 ;
(ii) professional babysitting services or au pair
services;
(d) the following entities that provide child protection services or
out-of-home care: (i) a Community-Based Intake Service within the meaning of
the Children, Young Persons and Their Families Act 1997 ;
(ii) an entity that
provides services or facilities for the care of children under the
Children, Young Persons and Their Families Act 1997 ;
(iii) an entity that
provides an adoption service under the Adoption Act 1988 pending the adoption
of the child under that Act;
(iv) an entity that provides children's contact
services, including safe, supervised environments provided for children to
spend time with a parent with whom they do not live, or to facilitate the
transfer of children from the care of one parent to another;
(e) a disability
services provider within the meaning of the Disability Services Act 2011 ;
(f)
the following entities that provide educational services: (i) an approved
provider within the meaning of the Education and Care Services National Law
(Tasmania);
(ii) an entity that provides an approved service within the
meaning of the Education and Care Services National Law (Tasmania);
(iii) a
State school within the meaning of the Education Act 2016 ;
(iv) a
non-government school within the meaning of the Education Act 2016 ;
(v) a
centre, unit or institute of the State which provides educational instruction
at any level up to, and including, the final year of secondary education
within the meaning of the Education Act 2016 ;
(vi) TasTAFE as continued by
the TasTAFE (Skills and Training Business) Act 2021 ;
(vii) the University of
Tasmania as continued by the University of Tasmania Act 1992 ;
(viii) a group
training organisation as defined by the
Training and Workforce Development Act 2013 ;
(ix) a host employer as defined
by the Training and Workforce Development Act 2013 ;
(x) a training
organisation registered under the
National Vocational Education and Training Regulator Act 2011 of the
Commonwealth;
(xi) a registered higher education provider registered under the
Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth
that operates a campus located in Tasmania;
(g) the following entities that
provide health services: (i) a public hospital within the meaning of the
Tasmanian Health Service Act 2018 ;
(ii) a private hospital licensed under the
Health Service Establishments Act 2006 ;
(iii) an approved facility within the
meaning of the Mental Health Act 2013 ;
(iv) Ambulance Tasmania as established
by the Ambulance Service Act 1982 ;
(v) an entity that provides counselling
services;
(h) an entity that provides a service specifically for, or a service
specifically to, a youth, for the purposes of the Youth Justice Act 1997 ;
(i)
the Governor and any person holding appointment under the
Governor of Tasmania Act 1982 ;
(j) the Parliament of Tasmania;
(k) a
Government Agency;
(l) a council.
3. Relevant entities to which the scheme applies on and
after 1 July 2024
The scheme applies to the following entities, and classes of entities, on and
after 1 July 2024: (a) a club, association or cadet organisation that has a
significant membership of, or involvement by, children;
(b) An entity that
provides a coaching or tuition service to children.
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