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WORKER SCREENING ACT 2020 (NO. 34 OF 2020) - SECT 167

Section 19A substituted

For section 19A of the Child Employment Act 2003 substitute

        ' 19A     Application of Worker Screening Act 2020

        (1)     The Worker Screening Act 2020 extends and applies to the supervision of a child in employment that requires a permit under this Act as if that supervision were child-related work for the purposes of the Worker Screening Act 2020 .

        (2)     The Worker Screening Act 2020 applies to the supervision of a child referred to in subsection (1) with the following modifications—

        (a)     section 7(1)(b) and (8)(b) do not apply to exclude work experience arrangements referred to in section 5.4.11(4) of the Education and Training Reform Act 2006 from the operation of the Act as applied by the Child Employment Act 2003 ;

        (b)     section 66(5)(a) applies as if the reference to "this Act" were a reference to "this Act or the Child Employment Act 2003 ";

        (c)     section 72(1) applies as if the following paragraph were inserted after paragraph (b)—

    "(ba)     if the person supervises a child referred to in section 19A(1) of the Child Employment Act 2003 , the employer of the child;";

        (d)     section 78 applies as if the following subsection were substituted for section 78(3)

    "(3)     For the purposes of Chapter 6, a person supervising a child referred to in section 19A(1) of the Child Employment Act 2003 who has been given an interim WWC exclusion under section 66 is not to be regarded as having a current WWC clearance in respect of that supervision.";

        (e)     section 89(1) applies as if "Despite section 78(3)," were omitted;

        (f)     Chapter 5 does not apply;

        (g)     section 121(2)(b) applies as if the reference to "Chapter 5" were a reference to "section 19B of the Child Employment Act 2003 ";

        (h)     section 121(2)(a), (2)(c) and (3) do not apply to a person who is supervising a child referred to in section 19A(1) of the Child Employment Act 2003 ;

              (i)     section 122(3) does not apply;

        (j)     section 123(2)(b) applies as if the reference to "Chapter 5" were a reference to "section 19B of the Child Employment Act 2003 " substituted ";

        (k)     section 123(2)(a), (2)(c), (3) and (4) do not apply to a person who is supervising a child referred to in section 19A(1) of the Child Employment Act 2003 ;

        (l)     section 124(2)(b) applies as if the reference to "Chapter 5" were a reference to "section 19B of the Child Employment Act 2003 ";

        (m)     section 124(2)(a) and (4) do not apply to a person who is supervising a child referred to in section 19A(1) of the Child Employment Act 2003 ;

        (n)     section 126 applies as if a reference to "work" were a reference to "work or the employment of a child referred to in section 19A(1) of the Child Employment Act 2003 ";

        (o)     section 130(3)(h) applies as if the reference to "this Act" were a reference to "this Act or the Child Employment Act 2003 ";

        (p)     section 130(3) applies as if the following paragraph were inserted after paragraph (a)—

    "(aa)     to the Secretary of the Department of Premier and Cabinet for considering an application under the Child Employment Act 2003 or determining compliance with that Act;'.

    (3)     Sections 121, 123, 124 and 125 of the Worker Screening Act 2020 apply to the supervision of a child referred to in subsection (1) in or at a service, body, place or activity as if it were child-related work despite the supervision occurring before the relevant date in relation to that service, body, place or activity under that Act.".'



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