Western Australian Current Acts Western Australian Current Acts[s. 7(2)]
[Heading inserted: No. 47 of 2022 s. 45.]
|
Enactment |
Description of offence |
Conditions |
|---|---|---|
|
The Criminal Code | ||
|
s. 192 |
Procuring person to have unlawful carnal knowledge by threat, fraud or
administering drug |
The victim is a person other than a child |
|
s. 204A(2) |
Showing offensive material to child under 16 |
The offensive material is child exploitation material as defined in The
Criminal Code section 217A The offence falls within the ambit of section 7(3) |
|
s. 204B |
Using electronic communication to procure, or expose to indecent matter, child
under 16 |
The offence falls within the ambit of section 7(3) |
|
s. 217 |
Involving child in child exploitation |
The offence falls within the ambit of section 7(3) |
|
s. 218 |
Producing child exploitation material |
The offence falls within the ambit of section 7(3) |
|
s. 219 |
Distributing child exploitation material |
The offence falls within the ambit of section 7(3) |
|
s. 220 |
Possession of child exploitation material |
The offence falls within the ambit of section 7(3) |
|
s. 221BD(2) |
Distribution of intimate image |
The image is of a child |
|
s. 279 |
Murder |
The victim is a person other than a child |
|
s. 280 |
Manslaughter | |
|
s. 281 |
Unlawful assault causing death | |
|
s. 284(3)(c) |
Culpable driving (not of motor vehicle or vessel) causing death | |
|
s. 284(3)(d) |
Culpable driving (not of motor vehicle or vessel) causing grievous bodily harm
| |
|
s. 288 |
Procuring, counselling or aiding another to commit suicide | |
|
s. 290 |
Preventing birth of live child | |
|
s. 292 |
Disabling in order to commit indictable offence | |
|
s. 293 |
Stupefying in order to commit indictable offence | |
|
s. 294 |
Act intended to cause grievous bodily harm or prevent arrest |
The victim is a person other than a child |
|
s. 297 |
Grievous bodily harm | |
|
s. 298 |
Suffocation and strangulation | |
|
s. 300 |
Persistent family violence |
One or more of the prescribed offences under The Criminal Code section 299 are
offences listed in Schedule 1 or this Schedule |
|
s. 301 |
Wounding and similar acts | |
|
s. 305 |
Setting dangerous thing |
The intended victim is a person other than a child |
|
s. 306(2) |
Female genital mutilation |
The victim is a person other than a child |
|
s. 317A(b) |
Assault with intent to do grievous bodily harm |
The victim is a person other than a child |
|
s. 321 |
Sexual offences against child of or over 13 and under 16 |
The offence falls within the ambit of section 7(3) |
|
s. 321A(4) |
Persistent sexual conduct with child under 16 |
The offence falls within the ambit of section 7(3) |
|
s. 323 |
Indecent assault |
The victim is a person other than a child or The offence falls within the ambit of section 7(3) |
|
s. 324 |
Aggravated indecent assault |
The victim is a person other than a child or The offence falls within the ambit of section 7(3) |
|
s. 325 |
Sexual penetration without consent |
The victim is a person other than a child or The offence falls within the ambit of section 7(3) |
|
s. 326 |
Aggravated sexual penetration without consent |
The victim is a person other than a child or The offence falls within the ambit of section 7(3) |
|
s. 327 |
Sexual coercion |
The victim is a person other than a child |
|
s. 328 |
Aggravated sexual coercion |
The victim is a person other than a child |
|
s. 329(7) |
Sexually penetrating person of or over 18 known to be lineal relative | |
|
s. 329(8) |
Consenting to being sexually penetrated by person known to be lineal relative | |
|
s. 331B |
Sexual servitude |
The victim is a person other than a child or an incapable person |
|
s. 331C(2) |
Conducting business involving sexual servitude |
The victim is a person other than a child or an incapable person |
|
s. 331D |
Deceptive recruiting for commercial sexual services |
The victim is a person other than a child or an incapable person |
|
s. 332 |
Kidnapping |
The victim is a person other than a child or The victim is a child and the offence is committed by a relative of the child |
|
s. 343 |
Child stealing |
The offence is committed by a relative of the child |
|
repealed s. 278 (as read with repealed s. 282) |
Wilful murder |
The victim is a person other than a child |
|
Cruelty to animals |
This item does not apply if the CEO is satisfied that the offence did not
involve serious cruelty to an animal | |
|
s. 101(1) |
Failing to protect child from significant harm | |
|
s. 102 |
Leaving child unsupervised in vehicle | |
|
Classification (Publications, Films and Computer Games) Enforcement Act 1996 | ||
|
Possessing or copying indecent or obscene article |
The article is child exploitation material as defined in The Criminal Code
section 217A The offence falls within the ambit of section 7(3) | |
|
repealed s. 60 |
Child pornography |
The offence falls within the ambit of section 7(3) |
|
s. 53 |
Offence of ill-treatment | |
|
s. 7B(4) |
Selling drug paraphernalia to child | |
|
repealed s. 19A(2) |
Selling, or offering to sell, cannabis smoking paraphernalia to child | |
|
repealed s. 19B(2) |
Selling, or offering to sell, ice pipe to child | |
|
Dangerous driving causing death | | |
|
Dangerous driving causing grievous bodily harm | | |
|
s. 75B(1) and (2) |
Dangerous navigation of vessel occasioning death | |
|
s. 75BA(1) and (2) |
Dangerous navigation of vessel occasioning grievous bodily harm | |
[Schedule 2 inserted: No. 47 of 2022 s. 45;
amended: No. 31 of 2023 s. 38(2) and (3).]
This is a compilation of the Working with Children (Screening) Act 2004 and
includes amendments made by other written laws. For provisions that have come
into operation, and for information about any reprints, see the compilation
table. For provisions that have not yet come into operation see the
uncommenced provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Working with Children (Criminal Record Checking) Act 2004 1 |
65 of 2004 |
8 Dec 2004 |
s. 1 and 2: 8 Dec 2004; |
|
Criminal Code Amendment (Cyber Predators) Act 2006 s. 7 |
3 of 2006 |
30 Mar 2006 |
30 Mar 2006 (see s. 2(1)) |
|
Child Care Services Act 2007 Pt. 7 Div. 4 |
19 of 2007 |
3 Jul 2007 |
10 Aug 2007 (see s. 2(b) and Gazette 9 Aug 2007 p. 4071) |
|
Criminal Law and Evidence Amendment Act 2008 s. 74 |
2 of 2008 |
12 Mar 2008 |
27 Apr 2008 (see s. 2 and Gazette 24 Apr 2008 p. 1559) |
|
Criminal Law Amendment (Homicide) Act 2008 s. 40 |
29 of 2008 |
27 Jun 2008 |
1 Aug 2008 (see s. 2(c) and (d) and Gazette 22 Jul 2008 p. 3353) |
|
Community Protection (Offender Reporting) Amendment Act 2008 s. 13 |
27 of 2008 |
1 Jul 2008 |
2 Jul 2008 (see s. 2(b)) |
|
Reprint 1: The Working with Children (Criminal Record Checking) Act 2004 as at
14 Nov 2008 (includes amendments listed above) | |||
|
Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 140 |
8 of 2009 |
21 May 2009 |
22 May 2009 (see s. 2(b)) |
|
Working with Children (Criminal Record Checking) Amendment Act 2010 Pt. 2 |
7 of 2010 |
27 May 2010 |
6 Oct 2010 (see s. 2(b) and Gazette 5 Oct 2010 p. 5113) |
|
Child Pornography and Exploitation Material and Classification Legislation
Amendment Act 2010 s. 15 |
21 of 2010 |
7 Jul 2010 |
28 Aug 2010 (see s. 2(b) and Gazette 27 Aug 2010 p. 4105) |
|
Cannabis Law Reform Act 2010 Pt. 6 |
45 of 2010 |
28 Oct 2010 |
1 Aug 2011 (see s. 2(b) and Gazette 29 Jul 2011 p. 3127) |
|
Children and Community Services Amendment Act 2010 Pt. 2 Div. 2 |
49 of 2010 |
24 Nov 2010 |
31 Jan 2011 (see s. 2(b) and Gazette 28 Jan 2011 p. 241) |
|
Misuse of Drugs Amendment Act (No. 2) 2010 Pt. 3 |
50 of 2010 |
24 Nov 2010 |
25 Nov 2010 (see s. 2(b)) |
|
Reprint 2: The Working with Children (Criminal Record Checking) Act 2004 as at
7 Jan 2011 (includes amendments listed above except those in the Cannabis Law
Reform Act 2010 and Children and Community Services Amendment Act 2010 ) | |||
|
Child Care Services Amendment Act 2011 Pt. 3 |
38 of 2011 |
4 Oct 2011 |
7 Jan 2012 (see s. 2(b) and Gazette 6 Jan 2012 p. 3) |
|
Misuse of Drugs Amendment Act 2011 Pt. 5 |
56 of 2011 |
21 Nov 2011 |
30 Jan 2013 (see s. 2(b) and Gazette 29 Jan 2013 p. 324-5) |
|
Reprint 3: The Working with Children (Criminal Record Checking) Act 2004 as at
17 Feb 2012 (includes amendments listed above except those in the Misuse of
Drugs Amendment Act 2011 ) | |||
|
Education and Care Services National Law (WA) Act 2012 Pt. 4 Div. 9 |
11 of 2012 |
20 Jun 2012 |
1 Aug 2012 (see s. 2(c) and Gazette 25 Jul 2012 p. 3411) |
|
Education and Care Services National Law (WA) Amendment Act 2018 Pt. 4 |
18 of 2018 |
7 Sep 2018 |
1 Oct 2018 (see s. 2(b)(i)) |
|
Historical Homosexual Convictions Expungement Act 2018 Pt. 5 |
20 of 2018 |
18 Sep 2018 |
15 Oct 2018 (see s. 2(b) and Gazette 12 Oct 2018 p. 4059) |
|
Criminal Law Amendment (Intimate Images) Act 2019 Pt. 4 |
4 of 2019 |
26 Feb 2019 |
15 Apr 2019 (see s. 2(b) and Gazette 9 Apr 2019 p. 1041) |
|
National Disability Insurance Scheme (Worker Screening) Act 2020 Pt. 7 Div. 2
|
48 of 2020 |
9 Dec 2020 |
1 Feb 2021 (see s. 2(1)(b) and SL 2021/4 cl. 2) |
|
Working with Children (Criminal Record Checking) Amendment Act 2022 Pt. 2 |
47 of 2022 |
7 Dec 2022 |
1 Jul 2023 (see s. 2(b) and SL 2023/90 cl. 2) |
|
Criminal Law (Mental Impairment) Act 2023 Pt. 15 Div. 28 and s. 412 |
10 of 2023 |
13 Apr 2023 |
1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2) |
|
Western Australian Marine Amendment Act 2023 s. 38 |
31 of 2023 |
11 Dec 2023 |
21 Dec 2023 (see s. 2(c) and SL 2023/202 cl. 2(a)) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|
Commissioner for Children and Young People Act 2006 s. 65 (Sch. 1 cl. 3) |
48 of 2006 |
4 Oct 2006 |
To be proclaimed (see s. 2) |
|
Prostitution Amendment Act 2008 s. 35 |
13 of 2008 |
14 Apr 2008 |
To be proclaimed (see s. 2(b)) |
1. Now known as the Working with Children
(Screening) Act 2004 ; short title changed (see note under s. 1).
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
2022 Amendment Act
62
ACC 34G(1)
another
jurisdiction 4
approved
4
assessment notice 4
authorised entity
34F(1)
authorised officer
4
authorised purpose 34J
cancelled
assessment notice 32A
CEO
4
CEO (Children and Community Services)
34H(1)
CEO (Education) 34A(1)
CEO (Health)
34A(1)
CEO (Justice) 4
CEO
(NDIS) 34E(1)
charge 4
chief executive officer 45A(1)
child
4
child care service 4
child-related
business 4
child-related employment
4
child-related work 4, 6(1)
Class 1
offence 4, 7(1)
Class 2 offence
4, 7(2)
Class 3 offence 4
commencement day 56, 62
Commissioner
4
conduct review authority 4
conduct
review finding or outcome 4
contact
4
contact with a child 6(2)
continuing employee 60(4)
continuing minister of
religion 59(1)
continuing operator
57(3)
continuing volunteer 58(1)
conviction 4
correct notice
20(1)
corresponding authority 4
corresponding law 4
criminal record
4
criminal record check 4
criminal
records agency 4
defined period
26(1)
Department 4
designated
authority 17(1A)
designated change
33A(2)
designated conduct review authority
17A(1)
designated information 17(1A)
document 45D(1)
DPP
34(1)
educational institution for children 4
education provider 4
employee
16(1)
employer 9B(5), 16(1), 22(1), 41(1),
43(1)
entry warrant 34J, 34V(1)
external
government agency 4
first notice
20(2)
former classification provisions
62
give 45D(1)
government agency
4
interim negative notice 4
interstate screening agency 34E(1)
investigation
34J
justice authority
34ZA(1)
law 39A(1)
managerial officer
5(1)
negative notice 4
new
classification provisions 62
new employee
60(4)
new operator 57(3)
non-conviction charge 4
officer of the Department
4
outcome 4
parent
4
pending charge 4
pre-commencement assessment application 62
pre-commencement cancellation application 62
prescribed authority 34H(1)
prescribed entity
34Z(1)
prescribed report
34C(1)
proposed employer 32A
public
authority 4
public sector employee
45(2)
record 34J
related authority
17C(1)
relative 4
relevant authority 45A(1)
relevant conduct
4
relevant day 60A
relevant
information 34A(1)
relevant processes
66(1)
relevant purpose 34I(1)
relevant record 34J
specified
4, 61(4), 76(1)
student 4
transitional
matter 76(1)
work 4
WWC purpose 4
© State of Western Australia 2024
.
This work is licensed under a Creative Commons Attribution 4.0 International
Licence (CC BY 4.0). To view relevant information and for a link to a copy of
the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2024
.
By Authority: GEOFF O. LAWN, Government Printer