Western Australian Current Acts

WORKING WITH CHILDREN (SCREENING) ACT 2004 - SECT 22

22 .         Employers not to employ certain people in child-related employment

        (1)         In this section —

        employer means a person who employs, or proposes to employ, another person in child-related employment.

        (2)         An employer must not employ a person in child-related employment if —

            (a)         the employer —

                  (i)         is aware of a Class 1 offence or a Class 2 offence of which the person has been convicted; or

                  (ii)         is aware that the person has a pending charge in respect of a Class 1 offence or a Class 2 offence;

                and

            (b)         the person does not have a current assessment notice and has not made an application for an assessment notice that is pending.

        Penalty for this subsection: a fine of $60 000 and imprisonment for 5 years.

        (3)         An employer must not employ a person in child-related employment if the employer is aware that a negative notice or an interim negative notice has been issued to the person and is current.

        Penalty for this subsection: a fine of $60 000 and imprisonment for 5 years.

        (4)         An employer must not employ a person in child-related employment in connection with a child care service if the person does not have a current assessment notice and has not made an application for an assessment notice that is pending.

        Penalty for this subsection: a fine of $12 000 and imprisonment for 12 months.

        (5)         An employer must not employ a person in child-related employment if the employer is aware that the person has withdrawn an application for an assessment notice.

        Penalty for this subsection: a fine of $12 000 and imprisonment for 12 months.

        (6)         An employer must not employ a person in child-related employment if —

            (a)         the person has been employed by the employer in that employment for more than 5 days in a calendar year; and

            (b)         the person does not have a current assessment notice and has not made an application for an assessment notice that is pending.

        Penalty for this subsection: a fine of $12 000 and imprisonment for 12 months.

        (7)         Subsection (6) does not apply in relation to the employment of a person if subsection (2), (3), (4) or (5) applies in relation to that employment.

        (8)         A person charged with an offence under this section may be convicted of another offence under this section if that offence is established by the evidence.

        [Section 22 amended: No. 47 of 2022 s. 46.]