Western Australian Current Acts

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WORKING WITH CHILDREN (SCREENING) ACT 2004 - SECT 31

31 .         Duties and employment of people with assessment notice who have relevant change in criminal record

        (1)         This section applies to a person if —

            (a)         the person has a current assessment notice and is not employed in child-related employment or carrying on a child-related business; and

            (b)         there has been a relevant change in the person’s criminal record since the assessment notice was issued to the person.

        (2)         A person to whom this section applies must not be employed in child-related employment or carry on a child-related business unless —

            (a)         the person has been issued with a further assessment notice; or

            (b)         the person has applied for a further assessment notice and the application is pending.

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

        (3)         A person to whom subsection (2)(b) applies who is offered child-related employment must give the person’s proposed employer written notice that —

            (a)         there has been a relevant change in the person’s criminal record since the person’s current assessment notice was issued; and

            (b)         the person has applied for a further assessment notice and the application is pending.

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

        (4)         A person to whom this section applies must give written notice to the CEO of a relevant change in the person’s criminal record as soon as is practicable after the change occurs.

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

        (5)         If the CEO receives a notice from a person under subsection (4), the CEO is to cancel the person’s assessment notice.

        (6)         If the CEO cancels the person’s assessment notice, the CEO is to give the person written notice of the cancellation.

        [Section 31 amended: No. 7 of 2010 s. 16; No. 47 of 2022 s. 46.]



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