Western Australian Numbered Acts

WORKING WITH CHILDREN (CRIMINAL RECORD CHECKING) ACT 2004 (NO. 65 OF 2004)

TABLE OF PROVISIONS

           Long Title
           Preamble

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Principle that best interests of children are paramount  
   4.      Terms used in this Act  
   5.      Managerial officers  
   6.      Meaning of “child-related work”  
   7.      Meaning of “Class 1 offence” and “Class 2 offence”  
   8.      References to convictions  

   PART 2 -- Assessment notices and negative notices  

           Division 1 -- Application for assessment notice  

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

           Division 2 -- Issue of assessment notices and negative notices  

   12.     Decision on application for an assessment notice  
   13.     CEO to invite submission about criminal record and issue interim negative notice  
   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 who carry out child-related work to apply for assessment notice  
   18.     CEO may issue negative notice if assessment notice not applied for  

           Division 4 -- Cancellation of assessment notices and negative notices  

   19.     Applications for cancellation of negative notice  
   20.     Cancellation of notice because of wrong or incomplete information  
   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 issued 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 section 24  

           Division 6 -- Review by State Administrative Tribunal  

   26.     Review by State Administrative Tribunal  

   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.     Relevant change in criminal record of certain applicants  
   29.     Relevant change in criminal record of people employed in child-related employment  
   30.     Relevant change in criminal record of people carrying on child-related business  
   31.     Relevant change in criminal record of other people  
   32.     CEO to treat notice of relevant change in criminal record as application for assessment notice  
   33.     People not to start or continue child-related work if convicted of Class 1 offence  

           Division 2 -- Criminal record checks  

   34.     CEO may carry out criminal record check  

   PART 4 -- General  

   35.     False or misleading information  
   36.     Return of assessment notice to CEO  
   37.     Exchange of information with corresponding authorities  
   38.     CEO may disclose to certain bodies information about issue of negative notices and interim negative notices  
   39.     Confidentiality of information  
   40.     Protection from liability for wrongdoing  
   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  
   46.     Regulations  
   47.      Minister to review and report on Act  

   PART 5 -- Consequential amendments to the Children and Community Services Act 2004  

   48.     The Act amended  
   49.     Section 197 amended  
   50.     Section 207 amended  
   51.     Section 208 amended  
   52.     Section 209 amended  
   53.     Section 220 amended  
   54.     Section 221 amended  
   55.     Section 224 amended  

   PART 6 -- Transitional provisions  

   56.     Terms used in this Part  
   57.     People carrying on a child-related business  
   58.     Volunteers continuing in child-related employment  
   59.     Ministers of religion etc. continuing in child-related employment  
   60.     Other people in child-related employment  
   61.     Transitional regulations  
           SCHEDULE 1 -- Class 1 offences  
           SCHEDULE 2 -- Class 2 offences  
           
[Assented to 8 December 2004]