Western Australian Current Acts

WORKING WITH CHILDREN (SCREENING) ACT 2004 - SECT 43

43 .         Liability of partners for certain offences

        (1)         If —

            (a)         a breach of a provision of this Act by a person (the employer ) who employs, or proposes to employ, another person in child-related employment is an offence; and

            (b)         the employer that breaches the provision is a partnership,

                the offence is taken to have been committed by each of the partners in the partnership.

        (2)         Subsection (1) does not apply to a partner who proves that —

            (a)         the offence was committed without the partner’s consent or connivance; and

            (b)         the partner exercised all due diligence to prevent the commission of the offence that ought to have been exercised having regard to the nature of the partner’s functions and to all the circumstances.