Western Australian Current Acts

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WORKING WITH CHILDREN (SCREENING) ACT 2004 - SECT 16

16 .         CEO may require certain employees to apply for assessment notice

        (1)         If a person (the employer ) who employs another person (the employee ) in child-related employment —

            (a)         reasonably suspects that the employee has been charged with or convicted of an offence; and

            (b)         reasonably believes that the charge or conviction makes it inappropriate for the employee to continue to carry out child-related work,

                the employer may give written notice to the CEO of the suspicion and belief and the grounds on which the suspicion and belief are held.

        (2)         The CEO may ask the employer, by written notice or otherwise, to provide further information in relation to those grounds.

        (3)         If the CEO is satisfied that the employer has reasonable grounds for holding the suspicion and belief referred to in subsection (1), the CEO may give the employee a written notice requiring the employee to apply, within 10 days after the date of the notice, for an assessment notice.

        (4)         Subsection (3) applies to a person whether or not the person has a current assessment notice.

        (5)         The employee must comply with a notice given to the employee under subsection (3) within the period referred to in that subsection.

        Penalty for this subsection: a fine of $1 000.

        (6)         It is a defence to a charge of an offence under subsection (5) to prove that, at the time the offence is alleged to have been committed, the person was not employed in child-related employment.

        [Section 16 amended: No. 47 of 2022 s. 46.]



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