(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.]