Western Australian Numbered Acts

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WORKING WITH CHILDREN (CRIMINAL RECORD CHECKING) ACT 2004 (NO. 65 OF 2004) - SECT 17

17 .         CEO may require certain people who carry out child-related work to apply for assessment notice

        (1)         If the Commissioner reasonably believes that a person charged with or convicted of a Class 1 offence or a Class 2 offence is —

            (a)         a person in respect of whom the CEO may ask for information under section 34; or

            (b)         a person who carries out child-related work,

                the Commissioner may give the CEO notice of —

            (c)         the person’s name and address;

            (d)         the person’s date of birth;

            (e)         the offence with which the person has been charged or of which the person has been convicted;

            (f)         the details of the offence; and

            (g)         the date of the charge or conviction.

        (2)         The Commissioner may give notice under subsection (1) despite another Act or law.

        (3)         If the CEO is satisfied that there are reasonable grounds for believing that a person in respect of whom the CEO has been given notice under subsection (1) or information under section 34 —

            (a)         carries out child-related work; and

            (b)         has been charged with or convicted of a Class 1 offence or a Class 2 offence, being a charge or conviction of which the CEO was not previously aware,

                the CEO may give the person a written notice requiring the person to apply, within 10 days after the date of the notice, for an assessment notice.

        (4)         Subsection (3) applies to a person whether or not the person has a current assessment notice.

        (5)         A person must comply with a notice given to the person under subsection (3) within the period referred to in that subsection.

        Penalty: a fine of $1 000.

        (6)         It is a defence to a charge of an offence under subsection (5) to prove that, at the time the offence is alleged to have been committed, the person was not carrying out child-related work.



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