Victorian Numbered Acts Victorian Numbered Acts(1) For the purposes of this Act, child-related work is—
(a) work engaged in—
(i) under a contract of employment or a contract for services (whether written or unwritten); or
(ii) as a minister of religion or as part of the duties of a religious vocation; or
(iii) as an officer of a body corporate, member of the committee of management of an unincorporated body or association or member of a partnership; or
(b) practical training undertaken as part of an educational or vocational course other than under an arrangement within the meaning of Part IVA of the Education Act 1958 ; or
(c) work engaged in as a volunteer (including engaging in unpaid community work under a community-based order, a drug treatment order or an intensive correction order within the meaning of the Sentencing Act 1991 ) other than unpaid work engaged in for a private or domestic purpose—
that usually involves, or is likely usually to involve, regular direct contact with a child in connection with a service, body, place or activity specified in sub-section (3) on or after the relevant date in relation to that service, body, place or activity or 1 July 2011 (whichever is the earlier date) in circumstances where that contact is not directly supervised by another person.
Example
A water main bursts at a school during school hours. A plumber is called to the school to deal with the emergency. It is rare for the plumber to be called out to a school or other place specified in sub-section (3). The plumber is not engaged in child-related work as his or her work does not usually involve regular direct contact with children.
Note 1: "Direct contact" is defined in section 3(1).
Note 2: Reimbursement for out-of-pocket expenses does not stop a person being regarded as a volunteer: see section 3(3).
(2) For the purposes of this Act, direct supervision of a person requires immediate and personal supervision but does not require constant physical presence.
Example
A person who is directly supervising a worker leaves the room in which the worker is engaging in the work to make a phone call. The fact that the supervisor has left the room for a short period does not mean that the worker is no longer under direct supervision.
Note: "Supervised" has its ordinary, everyday meaning. A supervisor is a person who has the role of overseeing the work of another person while that person engages in the work.
(3) The services, bodies, places or activities in connection with which regular direct contact with a child may result in work being child-related work are—
(a) child protection services;
(b) child care services mentioned in section 194(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth;
(c) children's services within the meaning of the Children's Services Act 1996 ;
(e) community services, remand centres, youth residential centres, youth supervision units or youth training centres, within the meaning of the Children and Young Persons Act 1989 or probation services under that Act;
(f) refuges or other residential facilities used by children;
(g) paediatric wards of public hospitals within the meaning of the Health Services Act 1988 or of private hospitals within the meaning of that Act;
(h) clubs, associations or movements (including of a cultural, recreational or sporting nature) that provide services or conduct activities for, or directed at, children or whose membership is mainly comprised of children;
(i) religious organisations;
(j) baby sitting or child minding services arranged by a commercial agency;
(k) fostering children;
(l) providing, on a publicly-funded or commercial basis, a transport service specifically for children;
(m) coaching or private tuition services of any kind for children;
(n) counselling or other support services for children;
(o) overnight camps for children regardless of the type of accommodation or of how many children are involved;
(p) school crossing services, being services provided by people employed to assist children to cross roads on their way to or from school;
(q) providing, on a commercial basis and not merely incidentally to or in support of other business activities, an entertainment or party service specifically for children;
(r) providing, on a commercial basis and not merely incidentally to or in support of other business activities, gym or play facilities specifically for children;
Example
The provision of play facilities for children by a fast-food business may be merely incidental to the business of providing food.
(s) providing, on a commercial basis and not merely incidentally to or in support of other business activities, photography services specifically for children;
(t) talent or beauty competitions held for children on a commercial basis and not merely incidentally to or in support of other business activities.
(4) For the purposes of this Act, "the relevant date" , in relation to a service, body, place or activity specified in sub-section (3), means the date fixed for the purposes of that service, body, place or activity by an Order made under sub-section (5).
(5) The Governor in Council may, by Order published in the Government Gazette, fix a date for the purposes of a service, body, place or activity specified in sub-section (3).
(6) An Order under sub-section (5) may fix different dates for the purposes of—
(a) different services, bodies, places or activities; and
(b) different classes of a specified service, body, place or activity.
(7) For the purposes of this Act, a person is engaged in child-related work if he or she is employed under Part 3 of the Public Administration Act 2004 in the administration of this Act.
(8) For the purposes of this Act, a person is not engaged in child-related work merely because he or she is participating in an activity with a child on the same basis as the child.
Example
An adult playing in a cricket team alongside a child is not engaged in child-related work.