Western Australian Current Acts

WORKING WITH CHILDREN (CRIMINAL RECORD CHECKING) ACT 2004

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Principle that best interests of children are paramount
            
   4.      Terms used
            
   5.      Managerial officers of bodies corporate licensed under Child Care Service Act 2007, status of for this Act
            
   6.      Term used: child-related work
            
   7.      Terms used: Class 1 offence, Class 2 offence
            
   8.      Term used: conviction
            
   8A.     Expunged convictions to be taken to be non-conviction charges for the purposes of this Act
            
   9A.     Students, application of certain provisions to
            
   9B.     Education provider not to procure employment for certain students in child-related employment

   PART 2 -- Assessment notices and negative notices

           Division 1 -- Application for assessment notice  

   9.      Assessment notice (child-related employment), application for
            
   10.     Assessment notice (child-related business), application for
            
   11.     Withdrawal of application for assessment notice

           Division 2 -- Issue of assessment notices and negative notices  

   12.     Deciding applications for assessment notice
            
   13A.    Issue of assessment notices and negative notices
            
   13.     Intended issue of negative notice, CEO to notify applicant of etc.; interim negative notices, issue of
            
   14.     Duration of assessment notices and negative notices
            
   15.     Further assessment notice may be obtained

           Division 3 -- CEO may require assessment notice to be applied for  

   16.     CEO may require certain employees to apply for assessment notice
            
   17.     CEO may require certain people to apply for assessment notice
            
   18.     CEO may issue negative notice if notice issued under s. 16 or 17 not obeyed

           Division 4 -- Cancellation of assessment notices and negative notices  

   19.     Negative notice, application for cancellation of
            
   20.     Assessment notice or negative notice, CEO may cancel if issued on wrong etc. information
            
   21A.    Assessment notices of certain people not involved in child-related work, cancellation of
            
   21B.    Assessment notice, cancellation of on person’s request
            
   21C.    Assessment notices of certain people to whom s. 32 applies, cancellation of
            
   21.     Issue of notice cancels any previous notice

           Division 5 -- Prohibitions relating to child-related work  

   22.     Employers not to employ certain people in child-related employment
            
   23.     People with negative notice or interim negative notice not to carry out child-related work
            
   24.     People without current assessment notice not to carry out child-related work
            
   25.     Defences for s.

           Division 6 -- Review by State Administrative Tribunal  

   26.     Reviewable decisions

   PART 3 -- Changes in criminal record and criminal record checks

           Division 1 -- Relevant changes in criminal record  

   27.     Meaning of relevant change in criminal record and requirement to give notice of that change
            
   28.     Pending applications, applicant to notify CEO of relevant change in criminal history
            
   29.     People employed in child-related employment to notify CEO of relevant change in criminal record
            
   30.     People carrying on child-related business to notify CEO of relevant change in criminal record
            
   31.     People with assessment notice who have relevant change in criminal record, duties and employment of
            
   32A.    Certain applicants for assessment notice to notify proposed employer of relevant change in criminal record
            
   32.     CEO to treat notice of relevant change under s. 29 and 30 as application for assessment notice
            
   33.     People convicted of Class 1 offence not to start or continue child-related work

           Division 2 -- Criminal record checks  

   34.     CEO may carry out criminal record check

   PART 4 -- General  

   35.     False or misleading information, offence
            
   36.     Assessment notice to be returned to CEO in certain cases
            
   37.     Exchange of information with corresponding authorities
            
   38.     Disclosure of information by CEO to certain bodies
            
   39.     Information obtained officially, use and disclosure of
            
   40.     Protection from personal liability
            
   41.     Employer to comply with Act despite other laws etc.
            
   42.     CEO may require information to confirm compliance with Act
            
   43.     Liability of partners for certain offences
            
   44.     Evidentiary matters
            
   45.     Delegation by CEO etc.
            
   46.     Regulations
            
   47.     Review of Act

   PART 6 -- Transitional provisions  

   56.     Term used: commencement day
            
   57.     People carrying on a child-related business, when s. 24(b) applies to
            
   58.     Volunteers continuing in child-related employment, when s. 22(6) and 24(a) apply to
            
   59.     Ministers of religion etc. continuing in child-related employment, when s. 22(6) and 24(a) apply to
            
   60.     Other people in child-related employment, when s. 22(6) and 24(a) apply to
            
   60A.    Wilful murder charges and convictions between 1 Jan 2006 and 2 Jul 2008 taken to be relevant changes in criminal record
            
   61.     Transitional regulations
           SCHEDULE 1 -- Class 1 offences
           SCHEDULE 2 -- Class 2 offences