Western Australian Current Acts

WORKING WITH CHILDREN (SCREENING) ACT 2004

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Principle that best interests of children are paramount
            
   4.      Terms used
            
   5.      Managerial officers of bodies corporate licensed under Child Care Service Act 2007, status of for this Act
            
   6.      Child-related work
            
   7.      Class 1 offence and Class 2 offence
            
   8.      Conviction in relation to offence
            
   8A.     Expunged convictions to be taken to be non-conviction charges for the purposes of this Act
            
   9A.     Application of certain provisions to students
            
   9B.     Education provider not to procure employment for certain students in child-related employment

   PART 2 -- Assessment notices and negative notices

           Division 1 -- Application for assessment notice  

   9.      Application for assessment notice (child-related employment)
            
   10.     Application for assessment notice (child-related business)
            
   11.     Withdrawal of application for assessment notice

           Division 2 -- Issue of assessment notices and negative notices  

   12.     Deciding applications for assessment notice
            
   13A.    Issue of assessment notices and negative notices
            
   13.     CEO to give notice of intention to issue negative notice
            
   13AA.   Interim negative notice
            
   14.     Duration of assessment notices and negative notices
            
   15.     Further assessment notice may be obtained

           Division 3 -- CEO may require assessment notice to be applied for  

   16.     CEO may require certain employees to apply for assessment notice
            
   17.     CEO may require certain people to apply for assessment notice
            
   17A.    Provision of information by conduct review authority
            
   17B.    Action based on information received in relation to conduct review finding or outcome
            
   17C.    CEO may obtain further information about conduct review finding or outcome
            
   18.     CEO may issue negative notice if notice issued by CEO not obeyed

           Division 4 -- Cancellation of assessment notices and negative notices  

   19.     Application for cancellation of negative notice
            
   20.     Cancellation of assessment notice or negative notice as result of wrong or incomplete information
            
   21A.    Cancellation of assessment notices of certain people not involved in child-related work
            
   21B.    Cancellation of assessment notice on person’s request
            
   21C.    Cancellation of assessment notices of certain people to whom s. 32 applies
            
   21.     Issue of notice cancels any previous notice

           Division 5 -- Prohibitions relating to child-related work  

   22.     Employers not to employ certain people in child-related employment
            
   23.     People with negative notice or interim negative notice not to carry out child-related work
            
   24.     People without current assessment notice not to carry out child-related work
            
   25.     Defences for an offence under s.

           Division 6 -- Review by State Administrative Tribunal  

   26.     Reviewable decisions

   PART 3 -- Changes in criminal record and criminal record checks

           Division 1 -- Relevant changes in criminal record  

   27.     Meaning of relevant change in criminal record and requirement to give notice of that change
            
   28.     Pending applications, applicant to notify CEO of relevant change in criminal history
            
   29.     People employed in child-related employment to notify CEO of relevant change in criminal record
            
   30.     People carrying on child-related business to notify CEO of relevant change in criminal record
            
   31.     Duties and employment of people with assessment notice who have relevant change in criminal record
            
   32A.    Certain applicants for assessment notice to notify proposed employer of relevant change in criminal record
            
   32.     CEO to treat notice of relevant change under s. 29 and 30 as application for assessment notice
            
   33.     Class 1 offence: pending charge or conviction prevents child-related work

           Division 1A -- Designated changes in criminal record  

   33A.    Commissioner may give information about change in criminal record

           Division 2 -- Criminal record checks  

   34.     CEO may carry out criminal record check

   PART 3A -- Information gathering and sharing  

   34A.    General power to obtain, use and disclose information
            
   34B.    Disclosure of information to employer or proposed employer
            
   34C.    Power to require reports from CEO (Justice)
            
   34D.    Exchange of information with corresponding authorities
            
   34E.    Exchange of information under National Disability Insurance Scheme (Worker Screening) Act 2020
            
   34F.    Disclosure of information to authorised entities
            
   34G.    Disclosure of information to Australian Crime Commission
            
   34H.    Disclosure of information relevant to protection of children or other persons
            
   34I.    Sharing of police information

   PART 3B -- Compliance and enforcement

           Division 1 -- Preliminary  

   34J.    Terms used

           Division 2 -- Authorised officers  

   34K.    Designation of authorised officers
            
   34L.    Identity cards

           Division 3 -- Powers of authorised officers  

   34M.    Entry to places
            
   34N.    Powers after entering place
            
   34O.    Directions to provide information or documents
            
   34P.    Additional powers for relevant records
            
   34Q.    Offence to contravene direction
            
   34R.    Exercise of power may be recorded
            
   34S.    Assistance and use of force to exercise power
            
   34T.    Procedure for seizing things
            
   34U.    Application of Criminal and Found Property Disposal Act 2006

           Division 4 -- Entry warrants  

   34V.    Application for entry warrant
            
   34W.    Issue and content of entry warrant
            
   34X.    Refusal of entry warrant
            
   34Y.    Effect of entry warrant

           Division 5 -- Additional power to request or provide information  

   34Z.    Additional power to request information
            
   34ZA.   Provision of information to justice authorities

   PART 4 -- General  

   35.     False or misleading information
            
   35A.    Obstruction of authorised officer
            
   35B.    Impersonation of authorised officer
            
   35C.    Change in particulars
            
   36.     Assessment notice to be returned to CEO in certain cases
            
   39.     Use and disclosure of information obtained or created in course of official functions
            
   39A.    Ability to provide information and protection from liability
            
   40.     Protection from personal liability
            
   41.     Employer to comply with Act despite other laws etc.
            
   43.     Liability of partners for certain offences
            
   43A.    Protection of legal professional privilege
            
   44.     Evidentiary matters
            
   45.     Delegation by CEO etc.
            
   45A.    Delegation by public authority or other body
            
   45B.    Commencement of proceedings
            
   45C.    Time for commencement of prosecution
            
   45D.    Service of documents
            
   46.     Regulations
            
   47.     Review of Act

   PART 6 -- Transitional provisions

           Division 1 -- Transitional provisions for this Act  

   56.     Term used: commencement day
            
   57.     People carrying on a child-related business, when s. 24(b) applies to
            
   58.     Volunteers continuing in child-related employment, when s. 22(6) and 24(a) apply to
            
   59.     Ministers of religion etc. continuing in child-related employment, when s. 22(6) and 24(a) apply to
            
   60.     Other people in child-related employment, when s. 22(6) and 24(a) apply to
            
   60A.    Wilful murder charges and convictions between 1 Jan 2006 and 2 Jul 2008 taken to be relevant changes in criminal record
            
   61.     Transitional regulations

           Division 2 -- Transitional provisions for Working with Children (Criminal Record Checking) Amendment Act 2022

              Subdivision 1 -- Preliminary  

   62.     Terms used

              Subdivision 2 -- Classification of offences  

   63.     Pre-commencement assessment applications
            
   64.     Pre-commencement cancellation applications
            
   65.     Decision to act under s. 17(3)(d)
            
   66.     Decision to act under s.
            
   67.      Processes associated with s.
            
   68.      Proceedings before State Administrative Tribunal or court
            
   69.     Rights of review and appeal: related provision
            
   70.     Rights of review and appeal no longer apply if application made under s. 19 or
            
           71. Application of new classification provisions

              Subdivision 3 -- Other provisions  

   72.     Application of amended s.
            
   73.      Processes associated with interim negative notice
            
   74.     Application of Part 3B
            
   75.     Disclosure of information by CEO
            
   76.     Transitional regulations
           SCHEDULE 1 -- Class 1 offences
           SCHEDULE 2 -- Class 2 offences